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Bid 10-03/04 Jackie GleasonCITY OF MIAMI BEACH PROCUREMENT DIVISION Interoffice Memorandum To: Robert Parcher City Clerk From: ~u-~u~ kopez, CPPO ~ Procurement Director Subject: Date: March 12, 2004 BID NO. 10-03104-ADA & PUBLIC DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS Four (4) copies of the above referenced Contract are attached for the Mayor's signature and execution. The insurance certificate has been approved by Risk Management and the City Attorney has approved the form and language for contract execution. Thank you for your prompt attention to this matter. Gus Lopez, CPPO Procurement Director rm CITY CLERK CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 CONSTRUCTION CONTRACT DOCUMENTS PROJECT MANUAL FOR THE FOLLOWING PROJECT(S): ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS INVITATION TO BID NO.: 10~)3104 http:\ \miamibeachfl.gov E-mail: guslopez@miamibeachfl.gov Telephone: 305.673.7490 Facsimile: 305.673.7851 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 I Condensed Title: CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, after Public Hearing Waiving by 5/7ths Vote, the Prohibition of Tran Construction, Inc. from Serving as a Vendor with the City Pursuant to Miami Beach City Code Section 2-487 (B)(4)); Provided the Aforestated Waiver is Herein Granted, Awarding a Contract to the Lowest and Best Bidder, Tran Construction, Inc., In the Amount of $1,996,000 for the base bid, add alternate no. 1 and add alternate no. 4, Pursuant to Bid No. 10-03/04 for the ADA and Interior Renovations for the Jackie Gleason Theater of the Performing Arts; and, Provided, In the Event that the Aforestated Waiver is Herein Not Granted, Awarding a Contract to the then Lowest and Best Bidder, Miami Skyline, in the Amount of $1,975~000 for the Base bid and add alternate no. 1 only. Issue: Should the City Commission exercise its authority to waive by 5/7m vote the current pmhlblti.on o.f m?. n _C.,onsb_.u.ct]on. from serving as a vendor in order to award a contract to the lowest bidder Tran Construction, Inc. Torme i~ase u~a an(3 Alternates I and 4 for the ADA and Interior Renovation for the Jackle Gleason Theater of the Performing Arts; or altemaflvely decline to exercise its waiver authority and award a contract, to Miami Skyline, Inc. for the Base Bid and [ Alternate 1, wh ch s a scope reduction of $279~000 from the Tran bid propose ? Item Summary/Recommendation: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to perform the following work: Renovation of 20 restrooms (add altemata 4 increases the number of restrooms to 26). Installation of ADA compliant doors, frames, hardware, motorized ADA lifts, and exterior ADA romp. Dressing rooms Improvements and renovation of main lobby galleries and entranceways Box Office renovations Including: ADA compliant ticket window, new media desk, new brochure rack, new posters displays, new Interior store{font doore, and wall & coiling treatments. New sterefront doors at entrance to Founders Room. Replacement of existing handrails with new handrails at Lobby & Gallery ramps. Electrical & lighting improvements. New plumbing to provide hot water to certain bars & bathroom locations. Patrons Lounge remodeling including new A/C units, ductwork & associated roofing. Replacement of restrooms rooftop exhaust fans and associated electrical & roofing work. The Administration recommends the City Commission considerwhether or not to exercise ils waiver authority and then award a Contract to either the lowest bidder Tran Construction, Inc., or Miami Skyline. Tran Construction's bid proposal for the Base Bid and Alternates 1 and 4 is $279,000 lower than the bid received by Miami Skyline. Since present funding Is sufficient to only address the combination of Tran Construction's Base Bid w/Alternates 1 & 4, any award to Miami Skyline will include only Alternate I and will not include Alternate 4. Advisory Board Recommendation: I The Miami Beach Convention Center Capital Oversight Committee approved the project on April 24, 2001, Financial Information: Source of ,~ , . , Funds: ~ $89,010 441.2253.069358 $224,778 441.2256.069358  $778,352 441.2250.069358 $228,200 441.2400.069358 ~ $20,000 441.2305.069358 E $82,883 441.2257.069358 $200,000 441.2352.069358 i $300,000 441.2399.069358 L ~ $72,777 441.2351.069358 Finance Dept. ~ $1,g96,000.00 City Clerk's Office Legislative Tracking: IGus Lopez, ext. 6641 SI n-Offs: I T:~AGEN DA~004\Feb2504~P, egular~TOPA-ADASummary-d2.25.04.doc 272 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamlbeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Date: February 25, 2004 Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez City Manager A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING BY 5/7THS VOTE, THE PROHIBITION OF TRAN CONSTRUCTION, INC. FROM SERVING AS A VENDOR WITH THE CITY PURSUANT TO MIAMI BEACH CITY CODE SECTION 2-487 (B)(4)); PROVIDED THE AFORESTATED WAIVER IS HEREIN GRANTED, AWARDING A CONTRACT TO THE LOWEST AND BEST BIDDER, TRAN CONSTRUCTION, INC., IN THE AMOUNT OF $1,996,000 FOR THE BASE BID, ADD ALTERNATE NO. I AND ADD ALTERNATE NO. 4, PURSUANT TO BID NO. 10-03104 FOR THE ADA AND INTERIOR RENOVATIONS FOR THE JACKIE GLEASON THEATER OF THE PERFORMING ARTS; AND, PROVIDED, IN THE EVENT THAT THE AFORESTATED WAIVER IS HEREIN NOT GRANTED, AWARDING A CONTRACT TO THE THEN LOWEST AND BEST BIDDER, MIAMI SKYLINE, IN THE AMOUNT OF $t,975,000 FOR THE BASE BID AND ADD ALTERNATE NO. 1 ONLY. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission consider utilizing specific waiver authority granted under City Code Section 2-487(B)(4) in order to award a construction contract to Tran Construction, Inc. Tran Construction is currently the lowest bidder for the above named project, but is presently ineligible to receive an award of contract unless a waiver pursuant to this section is granted. The Administration is recommending that the Base Bid and Altemates 1 & 4 be awarded. The difference in cost between the lowest bidder and the second lowest bidder for the same Base plus alternate combination is $279,000. Present funding is insufficient to award this entire combination to the second lowest bidder at this time, but it is anticipated that Alternate 4 may have to be added at a later date. The Administration recommends that an award be made at this meeting in order to meet the tight fimelines required to complete the Base Bid portion of the project. FUNDING Funding for construction in the amount of $1,996,000.00 and additional funds for a 10% contingency and for construction management is available from the Convention Development Tax (CDT) Fund 441. Total funding in the amount of $ 35,000,000 has been appropriated from Fiscal Year (FY) 96/97 through 03/04, for the Convention Center and Jackie Gleason Theater of the 273 City Commission Memorandum Februa~ 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 2 of 9 Performing Arts (TOPA) Capital Projects. Pursuant to the City Commission request for balance updates to be current preliminary figures through February 17, 2004 show $26,260,560.21disbursed, with an additional $ 4,648,604.45 encumbered for projects in progress. It is estimated that the City will need to expend funds from the $10,000,000 held for the Cultural Arts Council before the end of FY 03/04. ANALYSIS: In 1996, the City retained the Architectural firm of R.J. Heisenbottle Architects, P.A. to conduct a survey of both TOPA and the Convention Center to identify those areas that were not in compliance with the provisions of the Americans with Disabilities Act (ADA), and to prepare an estimate of the costs of the modifications needed to comply with the ADA. As a result of this study, the City budgeted funds to renovate certain of the restrooms at the Miami Beach Convention Center (Convention Center) and the Jackie Gleason Theater of the Performing Arts (TOPA), as well as for the replacement of doors and door hardware to bdng both buildings into compliance with the requirements of the ADA. The City issued an RFQ for the design services to undertake this project. On February 9, 2000, an Agreement was executed between the City and A.R.I. Architects, Inc. (d/b/a: SKLARchitecture, (Consultant)), for professional Architectural and Engineering services to develop plans, specifications and construction documents for the renovation of the Convention Center and TOPA to provide ADA-compliant door hardware and to refurbish a lounge and two lobbies, and certain restrooms in both buildings for a maximum fee of $283,451. On March 3, 2003, invitation to Bid No. 27-02/03 was issued for the Jackie Gleason Theater of the Performing Arts (TOPA) ADA and intedor renovations, resulting in the receipt of 10 bids. On Apdl 30, 2003, the Mayor and City Commission awarded a contract to Romano Brothers Construction Inc. (Romano Brothers) as the lowest responsive bidder. On May 7, 2003, Romano Brothers informed the City of its decision not to honor their bid due to an error in their bid pdcing. Subsequently, staff analyzed the option of rescinding the contract award to Romano Brothers and awarding a contract to the next lowest responsive bidder. However, staff detea-~ined that an award pursuant to this bid, after the Apdl 30, 2003 Commission meeting, would jeopardize the timely Substantial Completion of Phase I of the project. On May 19, 2003, a bid protest was submitted by the apparent second lowest responsive bidder, Regosa Engineering, Inc. (Regosa). At the City Commission meeting of June 11, 2003, staff recommended that the City Commission rescind the contract award to Romano Brothers and reject all bids. The 274 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts ' Page 3 of 9 project could then be re-bid for construction dudng TOPA's next break in scheduled events. The Romano Brothers's award was rescinded, but the City Commission directed staff to negotiate a contract with the apparent second lowest responsive bidder, Regosa, subject to discussions and Regosa's willingness to honor their bid price until mid 2004. As part of the bid evaluation process, City staff performed a review of Regosa's references for compliance with contract provisions, which required the contractor to have completed projects of a certain size and scope and to have had experience in the type of renovation involved. This evaluation was not undertaken priortothe June 11,2003 City Commission meeting since a rejection of all bids was recommended and the Administration had no advance indication that the Commission would consider a bid award. Upon review of the Regosa's completed projects, the City's Consultant, SKLARchitecture, and the City's Program Manager, URS Corporation, and the Administration did not recommend Regosa for failure to demonstrate successful completion of similar projects. On November 20, 2003, this item was presented at the Finance and Citywide Projects Committee meeting. Committee members concurred with staff's recommendation to reject bids. At the City Commission meeting of December 10, 2003, the City Commission approved rejection of all bids. Invitation to Bid No. 10-03/04 was issued for the re-bid of the Jackie Gleason Theater of the Performing Arts ADA and Public Intedor Design Enhancement Renovations on December 19, 2004, with an opening date of February 10, 2004. A pre-bid conference and site inspections were held on January 13, 2004, January 15, 2004, and January 29, 2004. BidNet issued bid notices to prospective bidders, resulting in 45 Vendors requesting bid packages, which resulted in the receipt of 4 bids. The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: Renovation of 20 restrooms broken down as follows: 5 women & 5 men public restrooms 1 women & 1 men employee restrooms, 1 Unisex restroom 7 Dressing Room restrooms The restrooms will be reconfigured, re-plumbed as required and be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Removal of existing doors as noted on plan & Replacement of doors, frames & door Hardware, with improved ADA-compliant hardware. 3. Replacement of existing Handicap lift with New Motorized ADA lift. 275 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 4 of 9 4. Demolition of existing Exterior Ramp and creation of a new exterior ADA Ramp with railings and associated structural work. (Minor landscaping required). 5. Lower a ticket window of the box office to be ADA - compliant. 6. Dressing Rooms & Dressing room bathroom improvements. 7. Renovation of Main Lobby Galleries, and entranceways including wall coverings, ceilings, and lighting. 8. New and renovated bars: 3 New Bars - First Floor 2 Renovated Bars - First Floor 1 New Bar- Second Floor 9. New Concierge Desk. 10. New Merchandise Counter. 11. Box Office renovations including: a. New media desk. b. New Brochure Rack c. New posters displays. d. Wall & Ceiling treatments. e. New Interior Storefront doors. 12. New Storefront doors at entrance to Founders Room. 13. Replace existing handrails with new handrails at Lobby & Gallery ramps. 14. New decorative Curtains as shown on plans. 15. Electrical & lighting improvements. 16. New Plumbing to provide hot water to certain Bar & Bathroom locations. 17. Patrons Lounge remodeling per plans and repair damaged sub floor & repair mildew drywall or replace. 18. New NC units & ductwork & associated roofing for the Patrons Lounge. 19. Replacement of existing restreoms rooftop exhaust fans and associated electrical & roofing work. 20. Initial testing of existing exhaust fans and test & balance upon completion of work. All testing to be by a certified & approved Test & Balance company. The work above includes but is not limited to Demolition, Concrete work, Concrete patching, Masonry, Stucco Steel Doors & Frames, Access Doors, Plumbing, Waterless 276 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 5 of 9 Urinals Toilet fixtures, Bathroom Accessories, European Toilet compartments, Terrazzo Tile, Granite, carpet, Paint, Mirror, Marble work, Gypsum wall board, Metal work, Metal stud framing, Metal ceiling, Acoustical ceiling tile, Decorative Wall Finishes: Duroplex - textured acrylic coating, Metallic Paint, Heating, Ventilation & Air conditioning Ductwork replacement and rerouting, Fire Sprinkler Systems, Electrical Systems, Lighting, Life Safety & Fire Alarm features, Exhaust Fans, Roofing. This bid is a lump sum bid but in addition there are Add alternates which consists of the following: Alternate # 1 Add Balcony Extension Alternate # 2 Add Bar "L". Alternate # 3 Add Bar "P & Q" * Alternate #4 Add Renovation of 6 restrooms and Founders room interior renovations * Because of funding concerns and construction schedule, additional scope was removed from base bid resulting in two additional alternates (3 & 4)* at time of bidding. These were i ntrod uced as part of Addend um #3. Because of TOPA's stringent event schedule, the City Commission would have to approve the award of this contract at its February 25 Commission Meeting. If this process is delayed, the City runs the risk in missing the Convention Center event window for construction for this project in 2004. WAIVER OF THE PROHIBITION OF TRAN CONSTRUCTION FROM SERVING AS A VENDOR The lowest bidder is Tran Construction, Inc. However, Tran Construction directly contributed to a candidate who has been elected to the office of Commissioner. Pursuant to Section 2-487(A)(3) of the City Code, a person or entity who directly or 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 serving as a vendor with the City. Tran Construction contributed to a candidate's campaign on October 28, 2003. The candidated who received the campaign contribution was sworn into office on November 18, 2003. Therefore, Tran Construction is disqualified from serving as a vendor until November 18, 2004, unless the City Commission waives, after a Public Hearing, by 5/7ths vote, the requirements of Section 2-487(A)(3) for this particular contract award. BASIS FOR WAIVER A basis for a waiver is found in Section 2-487(B)(4), which states that a contract for the provision of goods, equipment or services exists which, if terminated by the City, would be adverse to the best economic interests of the City. Tran's bid for the Base, Add Alternate I and 4 totals $1,996,000. The next Iow bidder's bid for the Base, Add Alternate I and 4 totals $2,275,000. Should the City Commission not grant the waiver, and award a contract to the second ranked bidder, there are not sufficient funds available 277 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 6 of 9 to complete Add Altemate #4, which is an important component of the project and consists of the following: Renovation of 6 restrooms broken down as follows: a. 3 women & 3 men Public Bathrooms. Specifically Bathrooms #1,2,5,7,9. Founders room interior renovation including: a. New A/C package unit & associated roofing. b. Demolition of existing Bar. c. Fabrication of new Bar. d. New Ceilings & Lighting. e. Painting, Curtains & other finishes. Should the City Commission decide to grant a waiver, then there are sufficient funds available to complete Add Alternate ~4 with an award to Tran Construction. Dun and Bradstreet reports and Financial Statements have been secured for Tran Construction, Inc. and this General Contractor comes highly recommended. Tran Construction, Inc. has been in business since 1998 as a General Contractor, and additionally, the references checked for this contractor have shown that they have provided numerous General Commemial Construction projects with an emphasis on interior and restroom renovations. The following are several references that were secured collaboratively by City's Procurement staff and URS, the City's Program Manager for this project: Mr. Robert Cardenas Fox Sports/PSNNetwork Interior Renovations for TV Network totaling $1.1 million ~'l'ran's perfot~-~-~ance and the finishes used in the renovation project forthe TV network were confirmed; the finishes used in this project were high-end quality finishes required in Section 05000 forthis project. We were very pleased with the quality of the work and the professionalism exhibited by Tran staff. Tran Construction, inc. provided value engineering to the project and was able to suggest cost saving alternatives, as well as complete the project one week ahead of schedule." Joe Mixon United Airlines New Cargo Building Corporate Office totaling $980,000 "'l'mn Construction came in within budget, on time and provided no claims. They provided high-end finishes that were part of the scope of the corporate offices such as terrazzo tile, wood cabinetry and other specialized finishes. We are very pleased with the high quality of the work performed. Furthermore, Tren was very responsive to our needs, and would like to work with Tran again." 3. Pablo Cejas 278 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 7 of 9 PLC Investments Renovation of 420 Lincoln Road Building totaling $11 million ~Our project consisted of the renovation of an historic landmark built in 1940. The intedor and exterior renovation included marble, terrazzo tile, granite, keystone, high end woodwork including cabinetry, and storefront glass. The building is a mixed use of tenant space and offices with very high end finishes that required attention to deta# and historic reference. We are very pleased with the quality of Tran Construction's work and would not hesitate to use Tran again on other projects. Tran delivered the project within the budget and timeframe specified in their contract." Mr. Van Antle Broward Performing Arts Center Interior Renovation of the Broward County Performing Arts Center totaling $524,000 "We are very pleased with the quality of Tran's work as well as their responsiveness, reliability, professionalism and the ability to complete the project on time and within budget. Also, we were very impressed with Tran's ability to work well with the Architect of record regarding changes in the work. The BPAC project consisted of very high end finishes and attention to detail and craftsmanship. Some of the finishes Tran provided include mahogany, cherry wood, rose marble, terrazzo, and keystone. Worth to mention is the quality of the mil.work, it was very good. ~ In the event that this project is not awarded to the lowest bidder, Tran Construction, Inc. The Procurement staff has secured reference checks and Dun and Bradstreet reports for Miami Skyline, Inc., the 2nd lowest bidder. The references are as follows: Ms. Liz Calvo Key Investments, Key Biscayne Project Cost: $500,00 + Residential Construction of Luxury Homes aContractor is responsible, professional, knowledgeable and eagerto please the client." Mr. Daniel Garivato G & G Laboratories, Miami, Florida Project Cost: $840,000 Complete Interior Remodeling of Offices, Lobby and Interior of Building aHighly recommend this Contractor, the Contractor performed good quality work." 3. Mr. Ed Bywaters Benvenuto / Lieberman Residence Project Cost: $1,275,000 New Construction of Ocean Front Luxury Home fl/Ve highly recommend Miami Skyline Construction; they met all our budget and milestone schedule submittals" 4. Ms. Malka RodHguez Tropical Park Bathroom Renovations, Miami, Florida 279 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 8 of 9 Project Cost: $1,900,000 Renovations of Existing Park Restrooms. "Miami Skyline was highly responsive to our demands and suggestions, we recommend this contractor for any futura projects they may undertake." Upon execution of the contract with Tran Construction, Inc. two (2) Notices to Proceed will be issued. The Contractor shall commence scheduling activities, permit applications and other pre-construction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. Time is of the essence throughout this Contract. This project encompasses Two Phases. Phase I shall be substantially completed within 150 calendar days after the 2nd issuance of the Notice to Proceed. Final Completion shall be achieved within 30 calendar days thereafter. Phase II shall be substantially completed within 90 calendar days after Substantial Completion of Phase I. Final Completion shall be achieved 30 calendar days thereafter. CONCLUSION: Based on the analysis, the Administration recommends that the City Commission consider utilizing specific waiver authority granted under City Code Section 2-487(B)(4) in order to award a construction contract to Tran Construction, Inc. Tran Construction is currently the lowest bidder for the above named project, but is presently ineligible to receive an award of contract unless a waiver pursuant to this section is granted. The Administration is recommending that the Base Bid and Alternates 1 & 4 be awarded. The difference in cost between the lowest bidder and the second lowest bidder for the same Base plus alternate combination is $279,000. Present funding is insufficient to award this entire combination to the second lowest bidder at this time, but it is anticipated that Alternate 4 may have to be added at a later date. Upon the determination of whether or not to grant the waiver, the lowest and best bidder will be either Tran Construction, Inc. or Miami Skyline, Inc. The Administration recommends that an award be made at this meeting in order to meet the tight timelines required to complete the Base Bid portion of the project. JMG/RCM/TH/mb Attachments T:~,GEN DA~004~-eb2504~,egular~TOPA-ADA. INT-Memo-02.25.04.doc 280 City Commission Memorandum February 25, 2004 Bid No. 10-03/04 For The ADA And Interior Renovations For The Jackie Gleason Theater Of The Performing Arts Page 9 of 9 BID TABULATION Bid t 0-03/04 - ADA and Interior Renovations for the Jackle Gleason Theater of the Perfomiin.q Arts Tabulated Bid Result Add Alt. Add Alt. Add Alt. GRAND Company .Base Bid I 2 3 Add Alt. 4 TOTAL Tran Construction, $1,859,000 $12,000 $32,000 $64,000 $125,000 $2,092,000.00 Inc. Miami Skyline Construction, $1,950,000 $25,000 $40,000 $90,000 $300,000 $2,405,000.00 Inc. Cazo Construction, $2,430,240 $35,000 $40,000 $80,000 $500,000 $3,085,240,00 Inc. AFCO Construction $2,713,284 $33,630 $45,546 $76,720 $617,843 $3,487,023.00 Award Recommendation: Base Bid plus Add Alt. 1 & 4 Company Base Bid Add Alt. I Add Alt. 4 GRAND TOTAL Tran Construction, Inc. $1,859,000 $12,000 $125,000 $1,996,000.00 Miami Skyline Construction, Inc. $1,950,000 $25,000 $300,000 $2,275,000.00 Cazo $2,430,240 $35,000 $500,000 $2,965,240.00 Construction, Inc. AFCO Construction $2,713,284 $33,630 $617,543 $3,364,757.00 281 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.mia mi-beach.fi.us PROCUREMENT DIVISION INVITATION TO BID NO. 10-03/04 Telephone (305) 673-7490 Facsimile (305) 673-7851 ADDENDUM NO. 1 January 26, 2004 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS is amended as follows: I. The Bid Opening date is changed from January 30th to February 6, 2004 at 3:00 P.M. Subsequent addenda will follow with answers to contractor's questions previously submitted. II. A 3r~ Site Visit has been scheduled for Thursday, January 29, 2004 at 11:00 a.m. Please be advised that this Site Visit is not a Pre-Bid Conference, deadline for questioning (January 21, 2004) is not extended and Cone of Silence will be in effect during visit. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach,fl.us PROCUREMENT DIVISION INVITATION TO BID NO. 10-03/04 Telephone (305) 673-7490 Facsimile (305) 673-7851 ADDENDUM NO. 1 February 2, 2004 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS is amended as follows: I. The Bid Opening date is changed from February 6th to February 10, 2004 at 3:00 P.M. Subsequent addenda will follow with answers to contractor's questions previously submitted. Inasmuch as this change does not materially affect the bid documem, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ! Gus Lopez, CPPO Procurement Director 15111 PROCUREMENT DIVISION INVITATION TO BID NO. 10-03/04 Telephone (305) 673-7490 Facsimile (305) 673-7851 ADDENDUM NO. 3 February 4, 2004 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS is amended as follows: The following are answers to questions from prospective bidders of this bid. 1) Q. Will liquidated damages be assessed by phases or at the end of the project? A. Liquidated damages will be assessed by phases. Please see revised Section 0600, Article 2-2.3 of the front end documents. 2) Q. Why is the trash compactor for the Convention Center shown on sheet A-01 A. The City requested that the Consultants locate it on the plans for permitting purposes. No work is required there. 3) Q. Will construction parking be provided for this project ? A. Parking will be at no cost to the contractor and will be arranged by SMG. No parking will be allowed on Gleason Drive. 4) Q. Will £ue protection shop Drawings be required for master permit application? No, it is a separate permit. However, tire protection shop drawings will be required by the fire subcontractor under the master permit for the project. 5) Q. Is there an asbestos report. A. Yes, a copy of the asbestos report will be attached to the addendum. Page 2 Bid 10-03/04 Addendum No. 3 6) Q. 7) Q. 8) Q. 9) Q. 10) Q. 11) Q. 12) Q. Proper strike jamb can not be provided at upper landing; power gate operator may be required and is not specified in bid document. Please clarify. Power gate operator is required at upper & lower landings for ADA lift. The location of this operator is shown on sheet A-13.0 Section 1. Please include it in the base bid. Miami Beach ADA review may require a power gate operator at the lower landing due to fixed ramp of floor mounted unit. Pit may be "pitted" by providing a 3" recess in the mounting slab. Need clarification. See previously replied question. No pit is required. On sheet E- 11.2 there is 1 fixture type that is shown on the plan as a track with heads but it is not listed as existing or identified with a fixture type. No fixture type on either schedule is a track fixture. Please identify with a catalog number. The fixture is specified on E-11.2 as TI. Please see lighting fixture schednle on sheet E-14.1 for specifications. On sheet E- 11.2 there is 1 fixture identified as S3 but this type is not listed on either fixture schedules. Please identify with a catalog number. There are 4 fixtures S3 in the Patron's Lounge. Please see lighting fixture schedule on sheet E-14.1 for fixture S3 specifications. On sheet E- 3.1 there are (8) light fixtures mounted on the wall, ckt LLB- 10 that the plan calls to replace (note 6) but the fixture schedule calls for type R which indicates relocate. Please clarify. The sheet number is E-3.1.1. The fixtures are relocated from the escalators vestibule on the third floor. Please see E-3.2.1 & E-3.3.1 notes # 3 & 8. Rewire existing circuits LLB-10 & LRB-10 as shown. B-4 Verona KB70 "base" Verona doesn't make a base. Cut & provide tile in size required per drawings. Cove is not required. B- 1 Rover Caspian, please verify base is a sanitary base ~ $30 per linear foot. No, cove base is not required. Please cut & provide tile in size required per drawings. Page 3 Bid 10-03/04 Addendum No. 3 13) 14) Verona files that are marble based come in 9mm thickness, is this acceptable. No, the tile for this project is set aside & is custom made 16 x 16, therefore the thickness will also be custom made 12mm. Please contact Naylet Penton of Trading Places at (786) 464-1234 for questions & quotes. Q. T-6 is quartz base tile and has been discontinued is LEG017 black Stardust an acceptable substitute. A. T-6, KB60 Black Mirror Stone is available for this project. Contractor shall allow 10 to 12 weeks for Verona tile orders. Please contact Naylet Penton of Trading Places at (786) 464-1234 for questions & quotes. Note: Similar tiles provided by Coverings (305) 572-1080 are acceptable upon approval by architect. Q. T-7 has been discontinued. Please advice for a substitute. A. T-7, ZA28 - Carnia is available for this project. Contractor shall allow 10 to 12 weeks for Verona tile orders. Please contact Naylet Penton of Trading Places at (786) 464-1234 for questions & quotes. 16) Qo Please Claril~ the following: Attached are specifications for a handicap lift from a different manufacturer than that specified on plans. My question is: will you accept this different model/manufacturer? The model HCDE-60 by National Wheel-O-Vator is acceptable as a substitution. Please see attached specifications & cut sheets. 17) Q. Please provide specifications regarding carpet to be laid in patron's lounge. Please see finish schedule on sheet A-16.0 for CPT-1 specifications. 18) Qo During 2nd site visit a URS representative stated that contractor will be responsible for all mold remediation. This is a vague statement, please clarify. Note: All evident mold and mildew damaged GWB & wall finish material shall be repaired prior to the application of specified finishes. Allow for this as follows: At all 3rd floor North & South Gallery windows, allow for replacement of 4 sq. ft. of GWB around windows with new GWB. Page 4 Bid 10-03/04 Addendum No. 3 19) Q. 20) Q. 21) Q. 22) Q. 3. 4. 5. At 3rd floor North & South Gallery walls, allow for replacement of 250 sq. ft. of GWB each Gallery. At 3rd floor North & South Gallery ceilings, allow for replacement of 250 sq.ft, of plaster ceiling each Gallery. At all Dressing Rooms, allow for replacement of existing wall finish material of the exterior wall with new GWB. At Patron's Lounge, allow for replacement of existing wall f'mish material of the exterior wall with new GWB.. There was much discussion regarding the patching of the textured ceilings where there was damaged in the past. Please clarify the extent of patching and how the texture can be match in an acceptable manner. Match the closest finish - Submit samples to architect for approval. Note: A number of ceilings are scheduled to be painted black as to minimize visibility of imperfections. Please see clarification # 18 ID- 1.0 Verify that upper enlargement is 4 versus the stated 5. Verify lower enlargement is "South Concession" versus the stated 'North Concession." Yes, upper enlargement is 4 "North Concession," and lower enlargement is 5 "South concession." Please see attached revised sketch # 1 of the concession areas. ID- 1.0 what is the material and size of the transition between Tile 1 & Tile 3 in both enlargements. There is no transition. It is marble tile abutting marble tile. All marble tile shall be laid butt joint. Please note plans building elevations, plan key calls for a mechanical sheet M13.1 Please note sheet M13.1 was not provided in original set. Please provide. A. Drawing M13.1 does not exist and is not part of the bid set. Page 5 Bid 10-03/04 Addendum No. 3 II. Add: 5. 6. 7. There are various cracks, on the exterior ramp and on the ramp stairs that need repair. There are two 4' x 4' sidewalk concrete slabs badly broken that have to be replaced. The surrounding sod as well as any existing landscaping affected by the work in this area will be replaced. Provide allowance of $ 2,500.00 to repair. Existing fac alarm control system is Simplex. Existing fire alarm control panel to remain. Provide additional power & circuits as required. Coordinate with SimplexGrinnell, Jim Maloney (954) 862-5221. Add new refrigeration line roof penetration detail to sheet M- 11.1. See attached sketch # 2 Add motion sensor at entry of bathroom # 3 Add motion sensors & strobe lights at entry of bathrooms #5 & #6 For fixture H2 provide 1 V2 hour remote Battery. Provide new disconnect switch, connected to existing AHU circuit, for new AHU- 1 at patrons Lounge on sheet E- 11.1 IH. General Clarifications: 1. Contractor must provide a preliminary schedule in "Primavera Project 3" in color, prior to thc First Notice to Proceed as specified in specification section 1010, 1.09. For Permit Fees, please refer to Front End Document Section 00405 - City of Miami Beach Licenses, Permits & Fees. The Soil Report is available and should be attached to the specifications book. Contractor must contact T-Square for a copy, if they didn't get one. Specifications Section 07531-07720 specifies new roofing and roofing accessories. There are roof repairs/patching associated with the new A/C nnit for founders room & the A/C unit being replaced for the patrons lounge. Coordinate with Firestone Building Products Representative A.J. Takacs at (954) 434-9791 and any firestone roofing subcontractor. For Patrons Lounge roof, see TOPA ADA drawing Set, Sheet A- 11 (partial roof plan). For Founders Room roof, See TOPA Interiors drawing set, Sheets A-1.2.3a & S-3.0 Please note that the existing carpet removal, new carpet, & installation specified on CMB- 1 TOPA for the Patrons lounge is by contractor. See A- 16 for carpet specifications CPT- 1 Page 6 Bid 10-03/04 Addendum No. 3 6. The existing carpet removal, new carpet & installation, specified in CMB-2 TOPA Interior Renovations, are by owner. The contractor has to coordinate with installers. 7. All the existing toilets are floor mounted. The scope of work requires the demolition of all existing fixtures & installation of new wall hung toilets providing the required backing & support for hangers & fixtures. 8. The demolition of existing finishes has to be to the substrate regardless of how many existing layers are found. 9. Contractor to verify interior block walls & stud walls prior to bid. All walls have to be prepared to receive new finish. Block walls have to be leveled, if required, and furred for the new finishes to be applied. 10. Contractor might have to work nights and weekends to meet schedule at no additional costs to owner. See revised Section 01010: 1.09. 11. There is no fire rating requirement between Dressing Rooms. 12. The wood baseboard in the entire theater as well as the wood trim on the third floor lobby will remain and be revamished to match existing finish. Damaged areas will be replaced. 13. The round columns of the theater will be painted per plans & specifications. No other finish work is anticipated for the columns. 14. All marble flooring shall be provided & installed under the General Contractor's contract. Also, Marble shall be Commercial Grade Top quality as selected by Architect from samples provided by General Contractor and to match color board. 15. Motion sensors with switchpacks are part of Base Bid. Switchpacks should be installed within 24" of nearest motion sensor 16. A/C Duct work Shop Drawings are required for review & approval by A/E. 17. During demolition, maintain structural integrity & continuity of electrical circuits. Any circuits and raceways damaged or removed during demolition removed will have to be replaced at contractors cost. 18. Any light shown in CMB-2 TOPA Interiors plans as 'G' should be 'B' instead of 'G'. 19. All finishes shall match color & fmish board provided by architect. Board will again be available at next walk thm. 20. All finishes shall match color & finish boards provided by architect. Boards will be available to awarded Contractor. 21. Bidder's bid prices shall be valid for 120 calendar days. Page 7 Bid 10-03/04 Addendum No. 3 22. Addendum 2, dated February 2, had a typographical error in the Addendum number. Instead of number 1 it should have been number 2. Existing conditions of North Gallery 3rd floor Ceiling Existing conditions of North Gallery 3rd floor Ceiling Page 8 Bid 10-03/04 Addendum No. 3 IV. The following are revisions to the Specifications for this project: Provide Kimberly-Clark In-sight 1000 ml soap dispenser stock # 92551-00 instead of the Bobrick model # 2111 as specified. 2. Provide Sloan EAF 150 IQ electronic faucets instead of Toto faucets as specified. Provide Sloan G2 Optima Plus 8186-1.0 urinal Flushometer instead of Toto urinal flush valves as specified. See revised From End Documents Pages 6,7,8,9( Old 6 & 7),14,15,16, 17 (Old 12 &13), 48,49,50 (Old 43, 44, & 45), 70(Old 65), 134,135(O1d 129 & 130). See revised Specification Section 1010, Part I, Article 1.02: B, E, F, & G; & Section 1010, Part I, Article 1.04: B, & G See revised Specification Section 1340, Part I, Article 1.02: D, & E; & Section 1340, Part I, Article 1.03: A & B. Revise Restroom accessories schedule as follows: Provide Prospec-Marathon floor mounted toilet partitions instead of wall to wall suspended. See finish schedule for colors. See attached sketch # 3. 8. Revise TOPA-ADA mechanical notes on sheet M- 12.1 as shown on sketch # 4 Delete note on sheet P- 11.1 of TOPA-ADA: "Note: Bar is an "add altemate." Coordinate with architect prior to bid." 10. Delete all strobe lights in janitor closets & electrical rooms shown on plans. 11. Delete strobe light from storage room sheet E-8.2 12. Change 'G' light shown on Founders Room bar sheets A- 1.2.3.a, A- 1.2.3.b, 1.2.5.a, & E- l.2.1 to 'B'. Please see attached sketch # 5. 13. Revise Spec Section 07900, Part 2, article 2.01, B as follows: Typical Sources: Dow Coming # 790 for concrete applications or approved equal Dow Coming # 786 to be used at plumbing fixtures, tiles & counters or approved equal. Page 9 Bid 10-03/04 Addendum No. 3 14. Revise toilet partitions Bathroom #3 TOPA ADA A-3.0 to be 1 lB instead of 1 lA. Please see attached sketch # 6. 15. See revisions to A- 11.0. as shown on sketch # 7. 16. All concrete for the new ramp shall be 5000 psi. V. Attached to this addendum please find amended specifications section 1010 and 1340. Also, please find the Asbestos Report, Soils Exploration and Geotechnical Engineering report and a Unit Cost Breakdown form to be submitted as part of the bid submittal. VI.The following are revision to the front-end document. 1. Pages 6, 7, 12 & 13 - Scope of Service Scope of Work: Work to be performed under this Contract shall consist of fumishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for fulfillment of the contract in slrict accordance with the Contract Documents. The Scope of the work is to provide all materials, labor, equipment, supervision, mobiliTation, overhead & profit required to provide but not limited to the following: 1. Renovation of 20 restrooms broken down as follows: 5 women & 5 men public restrooms 1 women & 1 men employee restrooms, ! Unisex restroom 7 Dressing Room restrooms The restrooms will be reconfigured, re-plumbed as required and be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. Removal of existing doors as noted on plan & Replacement of doom, frames & door Hardware, with improved ADA-compliant hardware. Replacement of existing Handicap litt with New Motorized ADA lifL Demolition of existing Exterior Ramp and creation of a New exterior ADA Ramp with railings and associated structural work. See attached Soil Report from Wingerter Lab. Minor landscaping is also required. Page 10 Bid 10-03/04 Addendum No. 3 10. 11. Lower a ticket window of the box office to be ADA - compliant. Dressing Rooms & Dressing room bathroom improvements. Renovation of Main Lobby Galleries, and entranceways including wall coverings, ceilings, and gh ng. New and renovated bars: 3 New Bars - First Floor 2 Renovated Bars - First Floor 1 New Bar - Second Floor New Concierge Desk. New Merchandise Counter. Box Office renovations including: a. New media desk. b. New Brochure Rack c. New posters displays. d. Wall & Ceiling treatments. e. New Interior Storefront doors. New Storefront doors at entrance to Founders Room. Replace existing handrails with new handrails at Lobby & Gallery romps. 12. 13. 14. New decorative Curtains as shown on plans. 15. Electrical & lighting improvements. 16. New Plumbing to provide hot water to certain Bar & Bathroom locations. 17. Patrons Lounge remodeling per plans and repair damaged mb floor & repair wildew drywall or replace. 18. New A/C units & ductwork & associated roofing for the Patrons Lounge. 19. Replacement of existing restrooms rooflcop exhaust fans and associated electrical & roofing work. 20. Initial testing of existing exhaust fans and test & balance upon completion of work. Ail testing to be by a certified & approved Test & Balance company. Page 11 Bid 10-03/04 Addendum No. 2 Altemates: (add / deduct) The Base Bid shall not include the alternates below. These alternative prices shall be provided for the Owners Review & Selection at the Owners sole discretion. The City may choose all and/or any combination of the alternates below as part of Phase I or 1I of this project as described in the General Conditions. Provide all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: Alternate # 1 (Add) Create New Balcony Extension including concrete, railings lighting and finish work per drawings A- 1.1.0, A- 1.1.2, A- 1.1.3, A- 1.1.4.Al, A-2.1.0, A-2.1.1B, A-2.1.3B, A-2.1.4, S-l, S-2, E-I.I.1, E-2.1.1A. Altemate# 2 (Add) Provide New Bar "L" on second floor including all Cabinetry, plumbing, electrical, l/ghting & finish work per drawings A-2.1.1B, A-2.1.3B, A-2.1.4, A-2.1.6A, A- 2.1.6B, E-2.1.1A, P-2.1.6. Alternate # 3 (Add) Provide New Bars "P" & "Q" on 3rd floor including all Cabinetry, plumbing, electrical, lighting & finish work. For Bar "P" see drawings: A-3.2.1, A-3.2.3, A- 3.2.5A, A-3.2.5B. For Bar "Q" see drawings: A-3.4.1, A.3.4.3, A-3.4.5A, A-3.4.SB. Alternate # 4 (ADD) Group E: ( Only Phase II ) 1. Renovation of 6 restrooms broken down as follows: a. 3 women & 3 men Public Bathrooms. Specifically Bathrooms #1,2,5,7,9. Sheets # A- 1.0, A-1.1, A- 1.2, A- 1.3, A-3.0, A-3.1, A-3.2, A-3.3, A-4.0, A-4.1, A-4.2, A-4.3, A-5.0, A-5.1, A-5.2, A-5.3, M-I.1, M-3.1, M-5.1, P-I.1, P-3.1, P-3.2, P-4.1, P-4.2, P-5.1, P-5.2, FS~I.1, FS-3.1,FS-4.1, FS-5.1, E-lA, E-1.2, E-3.1, E-3.2, E-4.1, E-4.2, E-5.1, E-5.2. 2. Founders room interior renovation including: a. New A/C package unit & associated roofing. b. Demolition of ex/sting Bar & New Bar. c. Fabrication of new Bar. d. New Ceilings & Lighting. e. Painting, Ctatai~ & other finishes. Sleets # A- 1.2.0, A- 1.2.1, A- 1.2.2, A- 1.2.3A, A- 1.2.3B, A- 1.2.4, A- 1.2.5A, A- 1.2.5B, E- 1.2.1, P- 1.2.5, FP- 1.2.1, FA- 12.1,AC- 1.2.1. Page 43, Article, Para. 2.1.1, please add the following to requirements precedent to the issuance of the 1st Notice to Proceed. Full project submittals as per section 01340 D,E and schedule as per Section 01010B. Page 12 Bid 10-03/04 Addendum No. 2 3. Page 44, Para. 2.2, shall be amended to read as follows: Time is of the essence throughout this Contract. This project shall consist of Phase I wb_ich shall include Groups A,~,C,D substantially completed within one-hundred- fi~:y (150) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within ~ (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. If the City elects any or all of the Alternates #1,#2,#3 and/or 04 these shall become thc scope for Phase I and/or II which shall be substantially completed with_in ninety (90) calendar days from Substantial Completion of Phase ! certified by CONSULTANT as the date o£ Substantial Completion. The Contractor shall have all approvals and inspections required by the Building Depa~ent requi~ed to obtain the Certificate o£Occupancy at the time of Substantial Completion for each Phase. Unit Prices will be requested from the awarded contractor before issuance of 1st Notice to Proceed. Liquidated damages shall apply for Phase I and II. Savings sha~l apply only to Phase I. 4. Page 44, Para 2.3, shall be amended to read as follows: Upon failure o£ CONTRACTOR to substantially complete the Contract with~ the specified period of time, plus approved time extensions, CONTRACTOR shall payto CITY the sum of Two-Thousand Dollars ($2,500.00) for each calendar day al~er the 6mc specified in Section 2.2 above, plus any approved 1Line extensions, for Subs~tial Completion. A~er 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 £or £mal payment, CONTRACTOR shall pay to C1TY the sum of Two-Thousand Dollars ($2,500.00) for each calendar day a~ter the time specified in Section 2.2 above, plus any approved extensions, for completion and read, ess for ~1 payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use o£the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the ~npossibility o£ precisely ascertai~g 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 conceming the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Con~ract on time. 5. Page 44, Para. 2.6 shall be amended to read as follows: SAVINGS - City and Contractor recognize that both parties will benefit financially should the Project be completed prior to the contract time specified in Paragraph 2.2 oftbe Contract (Agreement). Accordingly, for each calendar day that the contract work is accepted by the City prior to the contract time specified for Substantial Completion in Paragraph 2.2 of the Contract (90 calendar days) the Contractor shall receive as liquidated savings for early completion, the amount of One-Thousand Five Hundred Dollars ($1,500) per day. The total liquidated savings payment shall not exceed $15,000. Such payment will be made after final acceptance in accordance with Section Article 5. The liquidated savings payment amount represents a reasonable estimate of the City's savings for inspection, engineering services and administrative costs realized fiom early completion. Page 12 Bid 10-03/04 Addendum No. 2 Bidders are required to acknowledge this Addendum on proposal Page 133~ "Acknowledgement of Addenda"~ or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rnl 0;3000. BID PROPOSAL FORM BID NO. 10-03/04 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR THE MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS BID FORM (Page 1 of 2) Our BASE BID AND ALTERNATES includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required for ADA and Public Interior Design enhancement Renovations for the Miami Beach Jackie Gleason Theater of the Performing Arts in accordance with the Scope of Work and Specifications/Drawings. Base Bid: $ Written Amount NOTE: Recommendation of award of this Contract will be based on the lowest and best bidder's BASE BID PLUS THE SUM OF ALL 4 ALTERNATES (Grand Total). Award of this contract, however, will be determined in the City's best interest and based on the funds available for this project. Alternates: (AddlDeduct tolfrom the Lump Sum Bid) Alternate # 1 ADD Balcony Extension including concrete, railings lighting and finish work per drawings A-1.1.0, A-l.f.2, A- 1.1.3, A.f.l.4.Af, A-2.1.0, A.2.1.1B, A.2. f.3B, A-2.1.4, S-f, S-2. Add Alternate #1: $ Written Amount Alternate # 2 ADD New Bar "L". Provide New Bar "L" including all Cabinetry, plumbing, electrical, lighting & finish work per drawings A-2.1. lB, A-2. f.3B, A-2.1.4, A-2.1.6A, A-2. f. 6B. Add Alternate #2: $. Written Amount BID NO: 10-03/04 DATE: 02/03/04 Atlrlonrl~m ~4 CITY OF MIAMI BEACH 1 BID FORM (Page 2 of 2) Alternate # 3 ADD:: Provide New Bar "P" & "Q" on 3rd floor including all Cabinetry, plumbing, electrical, lighting & finish work. For Bar "P" see drawings: A-3.2.1, A-3.2.3, A-3.2.SA, A-3.2.5B. For Bar "Q" see drawings:A- 3.4.1, A.3.4.3, A-3.4.$A, A-3.4.5B. Add Alternate # 3: $_. Written Amount Alternate # 4: ADD: (Group E): 1. Renovation of 6 restrooms broken down as follows: a. 3 women & 3 men Public Bathrooms Specifically Bathrooms #1,2,5,7,9. Sheets # A-I.0, A-1.1, A-1.2, A-1.3, A-3.0, A-3.1, A-3.2, A-3.3, A-4.0, A-4.1, A-4.2, A-4.3, A-5.0, A-5.1, A- 5.2, A-5.3, M-1.1, M-3.1, M-5.1, P-1.1, P-3.1, P-3.2, P-4.1, P-4.2, P-5.1, P-5.2, FS-1.1, FS- 3.1,FS-4.1, FS-5.1, E-1.1, E-1.2, E-3.1, E-3.2, E-4.1, E-4.2, E-5.1, E-5.2. 2. Founders room interior renovation including:See drawings # A-1.2.0, A-1.2.1, A-1.2.2, A- 1.2.3A, A- l.2.3B, A-1.2.4, A- l.2.5A, A-l.2. SB, E-1.2.1, P-1.2.5, FP-1.2.1, FA-1.2.1, AC- 1.2.1. Add Alternate # 4: ~ Written Amount GRAND TOTAL / BASE BID PLUS ALTERNATES: $ Written Amount FIRM'S NAME (Print or Type):. SIGNATURE: TITLE/PRINTED NAME: ADDRESS: TELEPHONE NUMBER: BID NO: 10-03/04 DATE: 02/03/04 A ddond~rn ~ CITY OF MIAMI BEACH 2 DIVISIONAL PRICES (Page 1 of 3) Division prices are for informational purposes only and will not be rmde a part of the evaluation process for award recommendation Please include this form with your bid response. Prior to the 2nd Notice to Proceed the awarded contractor shall be required to submit a detailed schedule of values acceptable to the City. The City shall provide a sample format for the schedule of values. Division I Work- General Conditions Dollars Division 2 Work- Demolition Dollars .Sub-totah - Landscaping / Site work - Interior Demo - Exterior Demo Dollars Dollars Dollars Division 3 Work- Concrete Work Dollars Division 4 Work- Masonry Work Dollars Division 5 Work- Metals Sub-totals: - Interior Railings - Exterior Railings - Metal ceilings Dollars Dollars Dollars Division 6 Work- Wood & Plastics Sub-totals: - Mouldings - All Bars & Cabinetry Dollars Dollars Division 7 Work - Thermal & Moisture protection - Patron's Lounge Roofing Division 8 Work- Doors & Windows Sub-totals: - Doors/Frames/Hardware - Box Office Storefront doors - Founders Room Storefront doors Dollars Dollars Dollars Dollars Dollars Dollars Dollars BID NO: 10-03/04 DATE: 02/03/04 A tltlond~m R CITY OF MIAMI BEACH 3 DIVISIONAL PRICES (Page 1 of 3) Division 9 Work- Finishes Sub-totals: - Paint - Metallic Paint - Acoustical Ceiling - Drywall Work - Terrazzo Tile Flooring - Terrazzo Tile Counter Tops - Duroplex Work - Granite Tops - Carpeting Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Division 10 Work - Specialties Sub-totals: - Toilet Partitions - Toilet Accessories - Lobby Curtains / Draperies Division 11 Work - Equipment Division 12 Work- Furnishings Division 13 Work - Special Construction Division 14 Work - Conveying Systems Sub-totah - ADA Lift Division 15 Work - Mechanical Sub-totals: - Plumbing work - Plumbing Fixtures - NC - Fire Sprinkler System Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars BID NO: 10-03/04 DATE: 02/03/04 Addondnm ~ CITY OF MIAMI BEACH 4 DIVISIONAL PRICES (Page 1 of 3) Division 16 Work - Electrical Sub-totals: - Fiber Optics - Lighting Fixtures - Alarm System - New Panel Run - Large Custom Sconces Dollars Dollars Dollars Dollars Dollars Dollars BID NO: 10-03/04 DATE: 02/03/04 CITY OF MIAMI BEACH 5 SKETCH # 1 QFIRST FLOOR ~C-.,ALE 1/4'. I'-~' &DDENIDLII"I TO 5NEET IID-I SKETCH #2 SUCTION LINE LIGUID LINE ACCr~ PANEL ~t.g£VE TD pROVIII£ vENT~'~TIDN A~ KD/' SLAB TYP REF IGE ANT __I_P_E. SKETCIf # 3 j,&C..K. IE ~LE,&~ON T!--IE,~,TEF~ OF T~E ADA ~ENOV',AT ION tqE,%TI~O01"I ACCEE~OI~tE,% ,%CHEDULE-T.O.P~. ,~,]::::)DENE)bli"'I TO SNEET ,&-l~,.® SKETCH # 4 dl~ ~IHIS PR0dEOT. 10. LOCA~ON, CLF. ARANC~_~ ~_C__.t.]~'~.__~w~_._.r4~.','.L~"~,.~ ~ .ruc ~--G,NF..ER FOR ~EVIgW INCLUDE BEAM OR 5'3RUC1URP-- g. Lr. vAman~ .~ m..~.~,n~.,/ 8. WALI~ ROOF, ANO CEILING OPENING~ ININOATF-D ON CONTRACT NOMINAL O#k4~NSI(~N~ ONLY kNO .~. ~ ~QUIRED FOR PROPER FIELD ~IIH UGHI~. SPRINKI. ER$ AND ARGHII~G1V#AI.- r*I.AMP.~ · BUILDING S~RUC~ ANI~ UmgA lpr,m~.~a ~,, ,.~. ~ ,n,.. ........ IN Oi~N~RkI., DU~ 0~'S~1'~ HAVE NOT BEEN SHOWN. A/C CONTRACTOR ~HAL,L CO~flD~NA'~ '11q£~C AS I~GUIRED. A r,I~PI~'TE FUNCTIONAL SYSff. M Sl4Au. ,u, r~ CONTRACTOR AT NO ADDITIONA~ COST TO THE AND &DJU~T SUPPLY AND RE~'I~RN AIR QUAN11111~ TO ~ ~ ~ ~ ~IR~ SKETCH # 5 J,,5,C,K.I E ~:LE A,SC:)N TI-..IE,,,~TER: OF THE pEtI~FOf~MING: At,T5 INTEt~IOI~ fe, ENOYATION I'~1 CONVENTIC~N ~ENI"ER DRIVE 13, ff'IEI~IGINEI~ I~=GTE~ C, EILI~ LIC-~TII~ teL,N~I E(3,&LI= 1/,4'- I'-~ AIDIDENEDUM TO SHEET A-I.2..5.a, ,A - 1.2.:%1~, ,A - 1.2 ...e,.a, E - 1.2.1 SKETCIt # 6 JACK, IE CILEA~ON TIqEATEF~ OF T~dE PEEF~FOF~MINm~ AF~T5 ,AE) ~. F~ENO'v'.AT ION 1'~01 CONVENTIC::~I ~ENT~R J I NEgJ PLAN ENTRY LEVEL- ~OUTW LUE~T SCALE 1/4"= A~EN~UM TO 5F4EET ~,-.3.® SKETCH. # 7 j,,a.,C,K, IE ~LE.Z.'.&SON TtqEE,,ATE~ OF TI=lIE F:'EF~FO'F~IlN~ ,a,l:)~ F~ENO'v',&T ION SECTION 01010 SUMMARY OF WORK PART 1- GENERAL 1.01 THE REQUIREMENT A. Work to be performed under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for fulfillment of the contract in strict accordance with the Contract Documents. The work shall be complete, and all work, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the work in good faith shall be provided by the CONTR3~CTOR as though originally so indicated, at no increase in cost to the CITY. B. Wherever the term CONSULTANT is used in these documents, it shall be construed to mean the CONSULTANT, through the PROGRAM MANAGER. The PROGRAM MANAGER on this project will act as the City's Representative. C. Whenever a reference to number of days is noted, it shall be construed to mean calendars days. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identification: Jackie Gleason Theatre, ADA Renovation and Interior improvements to enhance the Lobby and entranceways and new Bars. 1. Project Location: 1700 Washington Avenue -Miami Beach, Florida - 33139. 2. Owner: City of Miami Beach Architect Identification: The contracts Documents, dated February 3, 2003 and December 15, 2003 were prepared for the Project by SKLARchitecture, 2310 Hollywwod Blvd., Hollywood, Florida 33020, Phone 954) 925-9292. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 1 C. Contract Documents: There are two sets of Construction drawings for this project. Jackie Gleason Theater ADA Improvements Dated December 15, 2003. Jackie Gleason Theater Lobby & Enhancement Renovations Dated February 03, 2003. D. This site is defined by the areas indicated on the drawings for the Jackie Gleason Theatre and the Convention Center to the North, Washington Avenue to the East, Convention Center Drive to the West and the P.A.N. building to the South. E. Summary of Base Bid Work: The Scope of the base bid work is to provide all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: 1. Renovation of 20 restrooms broken down as follows: 5 women & 5 men public restrooms 1 women & 1 men employee restrooms, 1 Unisex restroom 7 Dressing Room restrooms The restrooms will be reconfigured, re-plumbed as required and be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Removal of existing doors as noted on plan & Replacement of doors, frames & door Hardware, with improved ADA-compliant hardware. 3. Replacement of existing Handicap lift with New Motorized ADA lift. 4. Demolition of existing Exterior Ramp and creation of a New exterior ADA Ramp with railings and associated structural work. See attached Soil Report from Wingerter Lab. Minor landscaping is also required. 5. Lower a ticket window of the box office to be ADA - compliant. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 6. Dressing Rooms & Dressing room bathroom improvements. 7. Renovation of Main Lobby Galleries, and entranceways including wall coverings, ceilings, and lighting. 8. New and renovated bars: 3 New Bars - First Floor 2 Renovated Bars - First Floor 1 New Bar - Second Floor 9. New Concierge Desk. 10. New Merchandise Counter. 11. Box Office renovations including: a. New media desk. b. New Brochure Rack c. New posters displays. d. Wall & Ceiling treatments. e. New Interior Storefront doors. 12. New Storefront doors at entrance to Founders Room. 13. Replace existing handrails with new handrails at Lobby & Gallery ramps. 14. New decorative Curtains as shown on plans. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 15. Electrical & lighting improvements. 16. New Plumbing to provide hot water to certain Bar & Bathroom locations. 17. Patrons Lounge remodeling per plans and repair damaged sub floor & repair mildew drywall or replace. 18. New A/C units & ductwork & associated roofing for the Patrons Lounge. 19. Replacement of existing restrooms rooftop exhaust fans and associated electrical & roofing work. 20. Initial testing of existing exhaust fans and test & balance upon completion of work. All testing to be by a certified & approved Test & Balance company. 01010 3 The work above includes but is not limited to Demolition, Concrete work, Concrete patching, Masonry, Stucco Steel Doors & Frames, Access Doors, Plumbing, Waterless Urinals Toilet fixtures, Bathroom Accessories, European Toilet compartments, Terrazzo Tile, Granite, carpet, Paint, Mirror, Marble work, Gypsum wall board, Metal work, Metal stud framing, Metal ceiling, Acoustical ceiling tile, Decorative Wall Finishes: Duroplex - textured acrylic coating, Metallic Paint, Heating, Ventilation & Air conditioning Ductwork replacement and rerouting, Fire Sprinkler Systems, Electrical Systems, Lighting, Life Safety & Fire Alarm features, Exhaust Fans, Roofing. F. Alternates: (add / deduct) The Base Bid shall not include the alternates below. These alternative prices shall be provided for the Owners Review & Selection at the Owners sole discretion. The City may choose all and/or any combination of the alternates below as part of Phase I or II of this project as described in the General Conditions. Provide all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: Alternate # 1 (Add) Create New Balcony Extension including concrete, railings lighting and finish work per drawings A-I.i.0, A-l.l.2, A-l.l.3, A-i.I.4.A1, A-2.1.0, A-2.1.1B, A-2.1.3B, A-2.1.4, S-I, S-2, E-i.i.1, E-2.1.1A. Alternate # 2 (Add) Provide New Bar "L" on second floor including all Cabinetry, plumbing, electrical, lighting & finish work per drawings A-2.1.1B, A-2.1.3B, A-2.1.4, A-2.1.6A, A-2.1.6B, E-2.1.1A, P-2.1.6. Alternate # 3 (Add) Provide New Bars "P" & "Q" on 3~ floor including all Cabinetry, plumbing, electrical, lighting & finish work. For Bar "P" see drawings: Jackie Gleason Theater of the Performing Arts 01010 - 4 ADA & Public Interior Design Renovation (12/03) A-3.2.1, A-3.2.3, A-3.2.5A, A-3.2.5B. For Bar "Q" see drawings: A-3.4.1, A.3.4.3, A-3.4.5A, A-3.4.5B. Alternate # 4 (ADD) Group E: (Phase II only) Renovation of 6 restrooms broken down as follows: a. 3 women & 3 men Public Bathrooms Specifically Bathrooms #1,2,5,7,9. Sheets # A-1.0, A-i.1, A-1.2, A-1.3, A-3.0, A-3.1, A-3.2, A-3.3, A-4.0, A-4.1, A-4.2, A-4.3, A-5.0, A-5.1, A-5.2, A-5.3, M-I.1, M-3.1, M-5.1, P-l.1, P-3.1, P-3.2, P-4.1, P-4.2, P-5.1, P-5.2, FS-i.1, FS-3.1,FS-4.1, FS-5.1, E-i.1, E-1.2, E-3.1, E-3.2, E-4.1, E-4.2, E-5.1, E-5.2. 2. Founders room interior renovation including: a. New A/C package unit & associated roofing. b. Demolition of existing Bar & New Bar. Sheets # A-1.2.0, A-1.2.1, A-1.2.2, A-1.2.3A, A-1.2.3B, A-1.2.4 A-1.2.5A, A-1.2.5B, E-1.2.1, P-1.2.5 FP-lo2.1, FA-1.2.1, AC-1.2.1. c. Fabrication of new Bar. d. New Ceilings & Lighting. e. Painting, Curtains & other finishes. G. Phasing of work & special requirements: A. Phasinq of Jackie Gleason Restrooms: 1. Time is of the utmost importance for this project due to ongoing & pending events in this facility. A complete & accurate Primavera Project 3 Schedule will be required according to Section 01311 prior to 2nd notice to proceed and commencement of work in order to ensure timely progress & completion of the work which is crucial. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 5 The work should be performed in groups as follows with the understanding that all mobilization stops & starts due to events and coordination of work performed around events is included with the scope of work entailed. The following work groups are areas available with the earliest date allowable for that work group. All areas can be worked on simultaneously after the date available for that area. The only exceptions are that bathrooms in group "A" must be completed prior to commencing with Bathrooms in group nC" and Bathrooms in group KC" must be completed prior to commencing with Bathrooms in group ~D". Project Work Groups: Phase I: Group A: Beginning Project Area Available Date 4 May 04 Exterior Ramp 3rd Floor Restrooms 4 May 04 (North ll& 3rd Floor lower Restrooms 4 May 04 North & South Back of house Bathrooms 15, 16, 17 Phase I :Group B: Beginning Project Area Available Date Patron's Lounge 17 May 04 (area 25) Lift 17 May 04 ( Area 25 ) 3rd Floor Ceiling 17 May 04 ( Window Patch & Paint ) Lighting 3 Floor Restrooms 17 May 04 { South 12 & 14) Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - Phase I : Group C: Beginning Project Area Available Date 21 Jun 04 Box Office (ADA & Interiors Area 26} 21 Jun 04 Main Lobby Interiors 21 Jun 04 Main Lobby Restroom 3 & 4 21 Jun 04 3rd Floor Lobby 21 Jun 04 2nd Floor Lobby & Balcony 2~d Floor Restrooms 21 Jun 04 ( South 8 & 10) 19 Jul 04 Replacement of Ramp Rails (Areas 29, 30, 31) 21 Jun 04 2nd Floor North & South Galleries 21 Jun 04 Dressing Rooms A, B, C & D & R.R. 18, 19, 20, 21 21 Jun 04 1st Floor South Gallery Restrooms (6) Phase I :Group D: Beginning Project Area Date 19 Jul 04 2~ Level Bathrooms ( 22,23 & 24) 19 Jul 04 2~ Level Dressing Rooms E, F, & G Note: Restrooms in group C must be completed prior to commencing with Bathrooms in group D. The Contractor shall be required to obtain all Building Department Approvals and Inspections prior to commencing Group D. Phase II:Group E: (Alternate % 4) Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 7 Beginning Project Area Date Upon Sub Completion Pounders Room Interiors & A/C Work of Phase I " Founder Room Restrooms (1 & 2) 1s~ Floor North Gallery Restrooms (5) 2"d Floor Restrooms North(7 & 9} Event Days/Work Stoppage Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 9 Jun 12-13 Jun 18-20 Jun 26-27 Jun 9 Jul 18-19 Jul 24 Jul 28 Jul 31 Jul Note: The schedule of each group needs to be coordinated with the Convention Center Management firm Spector Management Group (SMG) · See enclosed SMG/Jackie Gleason Theater Event Schedule. Attached at the end of this section. Coordinate work to be performed in the Theatre during show days with SMG. 01010 - Co Night & Weekend work may be required & will be expected if necessary in order to complete the project within the required timeframes and will be at no additional cost to the City, refer to section ~'1.09". D. No storage will be allowed in the building, GC must provide storage trailers. E. Temporary barricades must be provided by the GC. F. No construction office will be provided in the building, GC must provide office trailers. G. GC must provide portable toilets for employee use. H. Walk off mats and other protective devices & dust barriers must be provided by GC to insure safety and ongoing building activities. 1.04 SITE INVESTIGATION A. The CONTRACTOR, by virtue of signing the Agreement, acknowledges that it has satisfied itself to the nature and location of the WORK, the general and local conditions including, but not restricted to: those bearing upon transportation; disposal; handling and storage of materials; access roads to the site; the conformation and conditions of the WORK area; and the character of equipment and facilities needed preliminary to and during the performance of the WORK. Failure on the part of the CONTRACTOR to completely or properly evaluate the site conditions shall not be grounds for additional compensation. 1.05 WORKS BY OTHERS A. Concurrent work by other CONTRACTORS. The CONTRACTOR'S attention is directed to the fact that WORK may be conducted at the site by other CONTRACTORS during the performance of the WORK under this Contract. The CONTRACTOR shall conduct its operations so as to cause little or no delay to work of such other contractors, and shall cooperate fully with such contractors to provide continued Jackie Gleason Theater of the Performing Arts 01010 - 9 ADA & Public Interior Design Renovation (12/03) safe access to their respective portions of the site, as required to perform work under their respective contracts. B. Interference with Work on Utilities. The CONTRACTOR shall cooperate fully with all utility forces of the CITY or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the WORK, and shall schedule the WORK so as to minimize interference with said relocation, altering, or other rearranging of facilities. C. Coordinate work with event schedule of the Jackie Gleason Theater & SMG requirements. 1.06 WORK SEQUENCE A. The CONTRACTOR shall schedule and perform the WORK in such a manner as to result in the least possible disruption to the public's use of the building and it's events, roadways, driveways, and utilities. Utilities shall include but not be limited to water, sewerage, drainage structures, ditches and canals, gas, electric, television and telephone. Prior to commencing with the WORK, CONTRACTOR shall perform a location investigation of existing underground utilities and facilities in accordance with the Section entitled "Protection of Existing Facilities" and shall have obtained all required permits and permissions. CONTRACTOR mall also deliver written notice to the CITY, PROGRAM MANAGER and property occupants (private and public) of all planned disruption to bathrooms, halls, meeting rooms, loading areas, and utilities 72 hours in advance of disruption. B. Strict Adherence to the following is crucial for the work sequence to be successful. 1. Shop Drawing Submittals pursuant to Section 01340. 2. Proper manning of the Project with sufficient crews. C. The second notice to proceed will be issued on or about April 5th, 2004. D. Because other projects will be connected to portions of WORK constructed as part of this project, it may be necessary to sequence portions of this project. CONTRACTOR Jackie Gleason Theater of the Performing Arts 01010 - ]0 ADA & Public Interior Design Renovation (12/03) shall be responsible for coordinating construction activities and tie-ins with adjacent phases and sections as required. E. CONTRACTOR shall sequence the WORK so as to minimize impact on Events. CONTRACTOR shall notify SMG and URS, the City's Project Manager/14 days prior to disruption of Events. See attached event schedule and open dates list at end ~ this section. F. In addition, the following restrictions shall be maintained: b Ail affected personnel shall be notified a minimum of forty eight (48) hours prior to a shut off of water supply. Any water supply interruptions shall be scheduled to be as short as possible and not exceed eight (8) hours. Notification shall be in the form of certified letters. Materials and equipments shall be stored in a fenced or otherwise enclosed area during non-working hours. Notice to proceed with work: First notice to proceed is anticipated to be issued on or about March 01, 2004 - Second notice to proceed is anticipated to be issued on or about April 05th, 2004. G. Substantial Completion: This project shall be divided into two phases with two Substantial Completion dates as defined in the General Conditions. The First Phase consisting of Groups A, B,C, and D and any combination of alternates # 1, 2, or 3 (if selected) shall achieve Substantial Completion 150 calendar days after the second notice to proceed. The Second Phase (if selected) shall consist of alternate # 4 and, if selected any combination of Alternates # 1, #2,and/or #3 and shall achieve Substantial Completion 90 calendar days after achieving substantial completion for Phase One. H. Final Completion: Project ~nal Completion, as defined in the General Conditions, shall be achieved 30 calendar days after achieving substantial completion for each phase. 1.07 EVENTS & TRAFFIC CONTROL Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - ll A. The CONTRACTOR shall submit a conceptual Events & Traffic Control Plan at the Pre-Construction Conference. This preliminary plan shall identify the phases of construction that the CONTRACTOR plans to proceed with and identify Pedestrian & Traffic flows during each phase. The CONTP~ACTOR will be required to submit a detailed plan showing each phase's Maintenance and Protection Plan prior to starting construction of any phase. B. The ~Maintenance of Events & Traffic" plan shall address pedestrian traffic as well as vehicular traffic. At a minimum, the plan shall address the following pedestrian requirements: A safe walk route for the public during events within the vicinity of the construction zone shall be maintained during the arrival and dismissal of the event, CONTRACTOR shall not block access during event hours. In the case that a designated crossing of any portion of the designated walk route can not be maintained, then the CONTRACTOR shall notify the applicable SMG "Coordinator" a minimum of five (5) working days prior to ceasing that route so that an alternate route can be established with the Event and the enforcing agency. It shall be the responsibility of the CONTRACTOR for any necessary construction, Barricading and Signage or any Pedestrian Signalization and/or Signal Modification to accommodate an alternate safe walk route. C. The CONTRACTOR, at all times, shall conduct the work in such a manner as to insure the least obstruction to pedestrian and especially during events as well as vehicular traffic as is practical. Convenience of the employees, general public and of the residents adjacent to the work shall be provided for in a satisfactory manner, as defined by the CITY. D. Sidewalks, gutters, drains, fire hydrants and private drives shall, insofar as practical, be kept in condition for their intended uses. Fire hydrants on or adjacent to the work shall be kept accessible to fire apparatus at all Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 12 times, and no material or obstruction shall be placed within twenty (20) feet of any such hydrant. E. Construction materials may not be stored upon the public street. F. Streets shall not be closed, the work must be conducted with the provision for a safe passageway for traffic at all times. The CONTRACTOR shall make all necessary arrangements with the jurisdictional agency concerning maintenance of traffic and selection of detours required. 1.08 EVENT & TRAFFIC IMPACT PLAN A. The CONTRACTOR shall submit a weekly Event & Traffic Impact Plan to the CITY and PROGR3~M MANAGER by Wednesday of each week to allow for notification of anticipated area closures to public entities located in and doing business in the project area. The traffic Impact plan shall identify areas that are under construction and construction activities that may impact events, vehicular and pedestrian traffic. 1.09 WORK SCHEDULE / WORKING HOURS A. Time is of the essence in completing this project. Because time is of the essence, the CONTRACTOR shall commit the necessary resources to this project to complete it in a timely manner. Note that a typical workday will be based on eight (8) hours for construction however in order to complete this project within the timeframe delineated in Section 01010:G, the Contractor may be expected to work 24 hours a day 7 days a week in order to achieve substantial completion in the required timeframe. The Contractor shall seek approval from the City and the Program Manager 48 hours in advance to work after normal business hours. If the CONTRACTOR proposes to complete work that will be "covered up" after normal working hours, it shall reimburse CITY for costs associated with the observation of such work. The Construction progress will be measured with the construction schedule submitted by the CONTRACTOR. If the PROGRAM MANAGER determines that the CONTRACTOR does not meet the CPM as specified in the Section entitled ~Schedules and Reports", the CONTR3%CTOR will be required to commit those resources necessary to ensure the completion Jackie Gleason Theater of the Performing Arts 01010 - ]3 ADA & Public Interior Design Renovation (12/03) of the project in a timely manner. Ail cost incurred to implement measures to complete the WORK in a timely manner will be borne by the CONTRACTOR, includinq any work after hours and weekend work approved by the City. B. SCHEDULE 1. CONTRACTOR shall submit scheduling information for the WORK as required in the Section entitled ~Schedules and Reports". 2. No separate payment shall be made for preparation and/or revision of the schedule. 3. Prior to the First Notice to Proceed the Contractor shall submit a preliminary project schedule in "Primarvera Project 3" printed in color for the City's review. (All schedules shall be submitted in color and in the format requested by the City). The Contractor shall also submit the following documentation with the project schedule in accordance with Section 01311 of the specifications and Article 2 of the Contract prior to First Notice to Proceed: Bo Submittal of a logic diagram in "Primavera Project 3" which clearly depicts sequencing of activities, critical path, activities which are tied together in the critical path, all of the shop drawing submittals with contract durations. The Contractor shall submit the schedule and the logic diagram for the City's review in both a printed version and electronically in both the draft version and final approved version of the schedule. Co The Contractor shall submit the resume and experience of a qualified person and or firm either directly under his employ or with whom he is sub-contracting with, who has a minimum of five years experience with "Primevera Project 3 " scheduling active construction projects with a minimum value of 3 million dollars. The logic diagram shall require the City's, Architect and Program Manager's approval before the final Jackie Gleason Theater of the Performing Arts 01010 - ]4 ADA & Public Interior Design Renovation (12/03) schedule is submitted for the project at the Second Notice to Proceed. After a baseline schedule is approved for the project, which shall occur no later than the 2~ notice to proceed the contractor shall submit at each weekly progress meeting a two week's look ahead for the activities planned for the following two weeks and shall address with the Project Team any conflicts with the events schedule as well as any factors that may be a potential delay for the TOPA- ADA project. In addition, the Contractor shall submit for each monthly Pay Requisition five (5) colored copies of the schedule and an electronic version on disk, the printable version of the schedule shall be in a size acceptable to the City, Program Manager and Consultant. Issuance of the Second Notice to Proceed is contingent upon the requirements delineated in Article 2 of the contract and upon 1.09B-3A, B, C above. 1.11 COMPUTATION OF CONTRACT TIME A. It is the CONTRACTOR'S responsibility to provide clear and convincing documentation to the PROGR3tM MANAGER as to the effect additional WORK will have with respect to additional contract time extension requirements. If additional quantities of WORK can be carried out concurrent with other existing construction activities without disrupting the critical path of the project then no contract time extension will be granted. CONTRACTOR is obligated to provide documentation to the PROGRAM MANAGER if additional elements of work affect the critical path of the project. If WORK set forth in the original scope of the project is deleted, the contract time may be reduced. This contract is a calendar day contract. While the CONTRACTOR may be granted time to suspend WORK operations for vacations or holidays, contract time will not be suspended. During suspensions, CONTRACTOR shall be responsible for all maintenance of traffic and liability without additional compensation from the CITY. In addition, CONTRACTOR shall comply with timely notice requirements as specified in the General Conditions. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 15 1.12 CONTPJ~CTOR USE OF PREMISES A. The CONTRACTOR's use of project site shall be limited to its construction operations. Storage of materials will be arranged for by the CONTP~ACTOR and a copy of an agreement for use of the other property shall be furnished to the PROGRAM MANAGER. Note that staging areas on the project site are limited to the project site. Other areas required for material storage must be arranged and paid for by the CONTRACTOR, as a part of its base bid. 1.13 PRODUCTS ORDERED IN ADVA/~CE A. General: Owner has negotiated Purchase Orders with suppliers of material and equipment to be incorporated into the Work. 1.14 OWNER-FURNISHED PRODUCTS A. The Owner will be purchasing certain items in advance. The items will be supplied to the Contractor for installation. B. The following items will be Owner supplied/Contractor installed. 1 Toilet Paper Dispensers 2 Paper Towel Dispensers 3 Garbage receptacles 4 Merchandise display system at merchandise counter. 5 Plasma T.V. screen behind concierge desk. 6 Food service equipment. C. The following will be Owner supplied and installed. General Contractor shall assist coordination with & sub-contractor for final installation of: 1. Lobby, Public Areas and Theater Carpeting by Bentley. 1.15 PRE-CONSTRUCTION CONFERENCE A. After the award of contract and upon issuance of the first notice to Proceed, a Pre-Construction Conference will be held between the CONTRACTOR, THE PROGP~AM MANAGER, CONSULTA/~T, CITY, other interested Agencies, representatives of utility Companies and others affected by the WORK. The time and place of this conference will be set Jackie Gleason Theater of the Performing Arts 01010 - ADA & Public Interior Design Renovation (12/03) by the PROGRAM MANAGER. The CONTRACTOR shall bring to the conference 5 copies of the preliminary Primavera Project 3 Work schedule with comments incorporated after the City's, Program Manager's and the Architect's review of the schedule submitted by the Contractor at the First Notice to Proceed pursuant to 1.09B. Prior to the Second Notice to Proceed the Contractor shall be required to address all comments made by the City, Architect and Program Manager for submittal of the final schedule. The schedule shall include sequences of operation critical path items and time schedule. The final schedule will be due prior to the Second Notice to Proceed in accordance with 1.09B and as noted in section 01311 entitled ~Schedules and Reports" and any other schedule requirements in the Contract General Conditions. The WORK shall be performed in accordance with such schedule or approved amendments thereto. B. The Contractor is required to submit at this conference all the submittal requirements delineated in Section 01340 D & E, these submittals shall not be submitted later than the Second notice to proceed. 1.16 UTILITY LOCATION A. To the extent possible, all affected existing utility lines in the project area have been shown on the plans. However, neither the CITY, PROGRAM MANAGER and/or Design CONSULTANT guarantee that all lines are shown, or that said lines are in their true location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground or overhead utility lines or equipment 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 of lines shown on the plans. Compensation for items not drawn on the plans shall comply with Change Order provision as specified in the General Conditions. B. The CONTRACTOR shall notify each utility company involved at least thirty (30) 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 for by Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 17 the CONTR3%CTOR. Ail charges by utility companies for temporary support of their utilities and permanent utility relocations to avoid conflict shall be the responsibility of the CONTRACTOR and the utility company involved. C. The CONTRACTOR shall schedule and coordinate its WORK in such a manner that it is not delayed by the utility companies relocating or supporting their utilities. No compensation will be paid to the CONTRACTOR for any loss of time or delay. D. Ail overhead, surface or underground structures and/or utilities encountered are to be carefully protected from damage or displacement. All damage to said structures and/or utilities is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy any damage by ordering outside parties to make repairs at the expense of the contractor. All repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner and shall be inspected by a representative of the utility Owner and the CITY. E. The CONTRACTOR should be aware that the CITY provides a free locating service for City-owned utilities for CONTRACTORS and excavators: Within forty-eight (48) hours before excavating, The CONTRACTOR should call the City of Miami Beach Public Works Department at (305) 673-7080, and a locator will be dispatched to the WORK location. CONTRACTOR shall responsibly notify other utility companies not included in the City location service, these include Florida Power & Light, cable, gas, etc. 1.17 LINE AND GRADE A. The CONSULTANT has provided vertical and horizontal control for layout of the WORK in the form of bench marks and reference points located adjacent to the WORK. From these controls provided, the CONTRACTOR shall develop and make all detailed surveys needed for construction and shall establish all working points, lines and elevations necessary to perform the WORK. This surveying Work shall be supervised by a Professional Land Surveyor registered in the State of Florida. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 18 1.18 PROTECTION AND RESTORATION OF SURVEY MONUMENTS A. The CONTR3tCTOR shall carefully protect from disturbance all survey monuments, stakes and bench marks, whether or not established by it, and shall not remove or destroy any surveying point until it has been properly witnessed by a representative of the CITY. All major survey monuments that have been damage by the CONTRACTOR such as section corners, ~ section corners, property corners or block control points, shall be replaced at the CONTRACTOR'S expense with markers of a size and type approved by the CONSULTANT. Their replacement shall be under the supervision of a Florida Registered Land Surveyor. The CONTRACTOR shall document survey monuments prior to construction and submit the location and type of all markers to the CITY. 1.19 EQUIPMENT A. Ail equipment necessary and required for the proper construction of all facilities shall be on the construction site, in first-class Working condition. 1.20 STORAGE SITES A. The CONTRACTOR shall furnish, at its expense, properly zoned areas suitable for field office, material storage and equipment service and storage. No material may be store in the public right of way The CONTRACTOR shall keep these areas in a clean and orderly condition so as not to cause a nuisance or sight obstruction to motorists or pedestrians. 1.21 OWNERSHIP OF EXISTING MATERIALS A. Ail materials removed or excavated from the job site shall remain the property of the CITY until released by the PROGRAM MANAGER, at which it shall become the property of the CONTRACTOR, who shall dispose of it in a manner, complying with all applicable jurisdictional requirements. 1.22 EXCESS MATERIAL A. Ail vegetation, debris, concrete or other unsuitable materials shall be disposed of off-site in approved areas provided by the CONTRACTOR. Storage of unsuitable materials on site shall not be allowed. All unsuitable materials are Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 19 to be removed from work site as they are generated. Any excess material desired to be retained by the CITY shall be delivered by the CONTRACTOR to a designated area within a 5 mile radius of the project, at no extra cost to the CITY. 1.23 ADJUSTING EXISTING VALVES, METERS, CATSH BASINS, AND MAINTENANCE ACCESS STRUCTURES (i.e. MANHOLES) A. It shall be CONTRACTOR'S responsibility to coordinate and have all adjustments made to existing water meters, valves, and structures encountered during constructions, to meet all final grades, unless otherwise instructed by the CONSULTANT or the respective utility owner. All valves and maintenance access structures shall be accessible during all phases of the WORK for emergency access. Omission of such structures from the Contract Plans does not relieve the CONTRACTOR from making such adjustments as may be deemed necessary. Cost for such work shall be inputted in the Contractor's Base Bid. 1.24 CONFLICT STRUCTURES A. The CONTRACTOR shall abide by the following criteria concerning conflicts between new drainage, water, or sewer construction, existing utilities and new building structures. 1. The CONTRACTOR shall verify the location of all utilities suspected of being potential conflicts prior to ordering drainage or sewer structures for these locations and inform the Design CONSULTANT as to its findings. 2. The Design CONSULTANT shall have full authority to direct the placement of conflict structures, the relocation of structures shown in the plans to facilitate construction, expedite completion and avoid conflicts with existing utilities. 3. Where an existing utility is to pass through a conflict structure, the CONTRACTOR shall protect the utility from damage by whatever means the utility owner and the Design CONSULTANT deem necessary. 1.25 ENVIRONMENTAL PROTECTION Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 20 A. The CONTRACTOR shall furnish all labor and equipment and perform all WORK required for the prevention of environmental pollution during and as a result of the WORK under this contract. For the purpose of this contract, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water , land and involves noise, solid wasted management and management of radiant energy and radioactive materials , as well as other pollutants B. The CONTRACTOR shall take all steps necessary to protect water quality in the connected waters around the project and shall utilize such additional measures as directed by the Design ENGINEER. Silt screens shall not be removed until the turbidity of the affected waters is equal to or lower than the ambient turbidity of undisturbed segments of adjacent surface waters. C. Ail protection requirements covered by this subsection shall be in compliance with all applicable jurisdictional agency requirements. 1.26 BASIS OF PAYMENT A. The CONTRACTOR shall not be permitted to invoice for quantities of WORK beyond those contained in the contract and all previously approved change orders. Invoice for partial payment shall not be accepted by PROGRAM MANAGER as complete without the following: 1. Release of Lien. 2. Updated Construction Schedule. 1.27 APPLICATION FOR PAYMENT FOR STORED MATERIALS A. Application for payment for stored materials shall comply with requirements set forth in the General Conditions. 1.28 VIBRATORY COMPACTION Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 21 A. The use of vibratory compaction equipment is prohibited. The CONTR3%CTOR shall be responsible for all damages/claims resulting from its compaction activities on the surrounding building area and its inhabitants. 1.29 REPORTING OF DAMAGE CLAIMS A. The CONTRACTOR shall keep the PROGRAM M~NAGER informed of any damage claims made against the CONTRACTOR during the construction period. All claims for automobile damage, property damage and/or bodily injury will be reported to the PROGRAM MANAGER within 24 hours of receipt of notice. CONTRACTOR will conduct a timely investigation of the claim and determine if they will honor claim and/or report to their insurance carrier and provide periodic updates, each quarter, until final disposition of claims. CONTRACTOR will advise the PROGRAM MANAGER in writing of its decision/referral to carrier. 1.30 PERMITS A. It shall be CONTRACTOR's responsibility to secure all permits of every description required to initiate and completed the work under this Contract, except for permits previously obtained by the CITY. B. The Design CONSULTANT will furbish signed and sealed sets of Contract Documents for permit use as required. C. The CONTRACTOR shall furnish to the PROGRAM MANAGER and Design CONSULTANT copies of all permits prior to commencement of work requiring permits. 1.31 DIMENSIONS OF EXISTING FACILITIES A. Where the dimensions and locations of existing improvements are of critical importance in the installation or connection new work, the CONTRACTOR shall verify such dimensions and locations in the field prior to the fabrication and/or installation of materials or equipment which are dependent on the correctness of such information. Jackie Gleason Theater of the Performing Arts 01010 - 22 ADA & Public Interior Design Renovation (12/03) PART 2 -PRODUCTS (Not Applicable) PART 3 -EXECUTION (Not Applicable) END OF SECTION 01010 Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01010 - 23 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART I - ~ENERAL 1.01 THE REQUIREMENT A. This section specifies the means of all submittals. Ail submittals, whether their final destination is to the OWNER, CONSULTANT, or other representatives of the OWNER, shall be directed through the PROJECT MANAGER. A general summary of types of submittals and the number of copies required is as follows: Copies to CONSULTANT 8 8 8 2 3 4* Type of Submittal Progress Schedule Schedule of Payment Items Shop Drawings Certificates of Compliance Warranties Products Samples * Unless otherwise required in the specific Section where requested. 1.02 SUBMITTAL PROCEDURES A. Transmit each submittal with an acceptance form to the PROGRAM MANAGER, clearly identifying the project CONTRACTOR, the enclosed material and other pertinent information specified in order parts of this section. Identify variations from Contract Documents and Product or system limitations, which may be detrimental to successful performance of the completed Work. B. Revise and resubmit submittals as required, identify all changes made since previous submittals. Resubmittals shall be noted as such. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 1 C. Distribute copies of review submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. D. Ail substitution Requests if any, shall be submitted as part of the submittal package required pursuant to Section 1340: 1.02: E. prior to the issuance of the Second Notice to Proceed which shall occur on or about April 5, 2004. The CITY will not consider any substitutions which increase the contract price unless there is some other benefit to the City. Critical TOPA Submittals: to be submitted to Architect by 2nd notice to proceed at the latest. - Terrazzo Tile - Toilet Partitions - Cabinets - Formglass / Fiberglass reinforced gypsum items - Plumbing Rough - Plumbing fixtures - Electrical Rough - Electrical fixtures Ail shop drawings and samples referred to in 1340: D shall be submitted and received by the Architect prior to the issuance of the Second Notice to Proceed which shall occur on or about April 5, 2004. Failure of the Contractor to comply with the above submittal requirements will be considered by the City to be a material breach of Contract and the City may exercise its option of terminating the Contract for Cause. 1.03 SUBSTITUTIONS PROCEDURES A. Ail substitution requests shall be submitted no later than the Second Notice to Proceed. B. 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 acceptability, and no substitute installed, used or initiated without Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) sole judge of will be ordered, Consultant's prior 01340- 2 written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitutions accepted by Consultant shall not result in any increase in the Contract Price or Contract time unless there is another benefit to the City. 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 substitutions, 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 saving including Consultant review fees and charges unless there is another benefit to the City. If a substitution is approved, that generates a savings, 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 substitution approved after award of the contract. 1.04 RELATED WORK SPECIFIED ELSEWHERE A. Ail applicable sections of the Specifications. B. General Conditions. C. Designate in the construction schedule, or in a separate coordinated schedule, the dates for submission and the dates that reviewed Shop Drawings, Product data and Samples will be needed. 1.05 PRODUCT DATA A. The CONTRACTOR shall prepare submittals as follows: 1. Clearly mark each copy to identify pertinent products or models. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 3 B. In the case where Manufacturer's standards schematic drawings and diagrams are submitted the CONTRACTOR shall: 1. Modify drawings and diagrams to delete information which is not applicable to the WORK. 2. Supplement standard information to provide information specifically applicable to the WORK. 1.06 SAMPLES A. Where samples are required to be submitted for review at acceptance, these shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product with integrally related part sand attachment devices. 2. Full range of color, texture and pattern. 3. Other characteristics or installation items required by the Architect. 1.07 CONTRACTOR RESPONSIBILITIES A. The CONTRACTOR shall review Shop Drawings, Product Data and Samples prior to submission. Concurrence with the contents of the submittal shall be acknowledged by the CONTRACTOR as noted in article 1.07 H. B. Determine and verify: 1. Field measurements. 2. Field construction criteria. 3. Catalog numbers and similar data. 4. Conformance with specifications. C. Coordinate each submittal with requirements of the WORK and of the Contract Documents. D. Notify the PROGRAM MANAGER in writing, at time of submission, of any deviations in the submittals from requirements of the Contract Documents. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 4 E. Begin no fabrication or work, which requires submittals until return of submittals with the CONSULTANT's acceptance. 1.08 SUBMISSION REQUIREMENTS A. CONTRACTOR shall furnish to the PROGRAM MANAGER for review, eight copies of each submittal. The term "Shop Drawing" as used herein shall be understood to include detail design calculations, shop drawings, lists, graphs, catalog sheets, data sheets, and similar items. B. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the items taken together constitute a manufacturer's ~package" or are so functionally related that expediency indicated review of the group or package as a whole. A multiple-page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the PROGRAM MANAGER. C. Except as may otherwise be indicated herein, the PROGRAM MANAGER will return prints of each submittal to the CONTRACTOR with its comments noted thereon, within twenty one (21) calendar days following their receipt by the PROGRAM MANAGER. It is considered reasonable that the CONTRACTOR MANAGER by the second submission of a submittal item. The CITY reserves the right to withhold monies due the CONTRACTOR to cover additional costs of the CONSULTANT's review beyond the second submittal. The CONSULTANT's maximum review period for each submittal, including all resubmittals, will be 21 days per submittal. In others words, for a submittal that required two resubmittals before it is complete, the maximum review period for that submittal could be 63 calendar days. D. If 3 copies of a submittal are returned to the CONTRACTOR marked ~NO EXCEPTION TAKEN" formal revision and resubmittal of said submittal will not be required. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 5 E. If 3 copies of a submittal are returned to the CONTRACTOR marked ~ Revise as Noted" formal revision and resubmittal of said submittal will not be required. F. If a submittal is returned to the CONTRACTOR marked "RESUBMIT" or "REJECTED" the CONTRACTOR shall revise and shall resubmit the required number of copies of said submittal to the PROGRAM MANAGER. G. Fabrication of an item shall be commenced only after the CONSULTANT has reviewed the pertinent submittals and the returned copies to the CONTRACTOR are marked either uNO EXEPTION TAKEN" or ~REVISED AS NOTED". Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis for changes to the contract requirements. If the CONTRACTOR chooses to proceed with fabrication and/or shipment of any item prior to receipt of requisite acceptance, it does so at its own risk. Ail CONTRACTOR shop drawing submittals shall be carefully reviewed by authorized representative of the CONTRACTOR, prior to submission to the PROGRAM MANAGER. Each submittal shall be dated, signed, and certified by the CONTRACTOR, as being correct and strict conformance with the Contract Documents. In the case of shop drawings, each sheet shall be so dated, signed, and certified. No consideration for review by the Design CONSULTANT of any CONTRACTOR submittal will be made for any items, which have not been so certified by the CONTRACTOR. All non-certified submittals will be returned to the CONTRACTOR without action taken by the PROGRAM MANAGER, and any delays caused thereby shall be the total responsibility of the CONTRACTOR. I. The Design ENGINEER's review of CONTRACTOR shop drawing submittals shall not relieve the CONTRACTOR of the entire responsibility for the correctness of details and dimensions. The CONTRACTOR shall assume all responsibility and risk for any misfits due to any errors in CONTRACT submittals. The CONTRACTOR shall be responsible for the dimensions and the design of adequate connections and details. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 6 Jo Shop Drawing Distribution: Shop drawings shall be reviewed by the Design CONSULTANT and marked either as uNO EXCEPTION TAKEN", ~REVISED AS NOTED", or ~RESUBMIT" or ~REJECTED". The distribution of processed shop drawings shall be as follows: 1. Shop drawings marked "NO EXCEPTION TAKEN" or "REVISED AS NOTED". 3 Copies returned to CONTRACTOR 2 Copies transmitted to the CITY 1 Copy to remain with the CONSULTANT 2 Copies for each PROGRAM MANAGER 2. Shop drawings marked or ~RESUBMIT" or "REJECTED" 2 Copies returned to the CONTRACTOR 2 Copies remain with the CONSULTANT 4 Copies to be discarded K. Submittals shall contain: 1. The date of submission and the dates of submissions. 2. The project title and project number. 3. Contract identification. any previous 4. The names of: a. CONTRACTOR b. Supplier c. Manufacturer 5. Identification of the product, with the specification section number and/or drawing. 6.Field dimensions, clearly identified as such. 7. Relation to adjacent or critical features of the work or materials. 8.Applicable standards, such as ASTM or Federal Specification numbers. 9.Identification of deviations from Contract Documents. 10. Identification of revisions on resubmittals. 11. An 8" x 3" blank space for CONTRACTOR and CONSULTANT's review stamps. 12. CONTRACTOR's stamp, initialed or signed certifying to review of submittal, verification of products, field Jackie Gleason Theater of the Performing Arts 01340- 7 ADA & Public Interior Design Renovation (12/03) measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and Contract Documents. 1.09 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the CONSULTANT and resubmit until approved. B. Shop Drawing and Product Data: 1. Revise initial drawings or data, and resubmit as specified for the initial submittal. 2. Indicate any changes which have been made other than those requested by the CONSULTANT. C. Samples: Submit new samples as required for initial submittal. 1.10 DISTRIBUTION A. Distribute reproduction of Shop Drawings and copies of Product Data which carry the CONSULTANT's stamp of approval to: 1. Job site file. 2. Record Documents file. 3. Other affected contractors. 4. Subcontractors. 5. Supplier OR fabricator. B. Distribute samples, which carry the CONSULTANT's stamp of approval. 1.11 CONSULTANT DUTIES A. Receive submittals from PROGRAM MANAGER B. Review submittals with reasonable promptness and in accord with schedule. Consultant shall review & approve shop drawings & submittals within 21 calendar days from the date received and in accordance with Section 44 of the General Conditions of the Contract. Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 8 C. Affix stamp and initials or signature, and indicate requirements for submittal, or acceptance of submittal. D. Return submittals to PROGRAM MANAGER for forwarding to CONTRACTOR. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION ( Not Applicable) END OF THE SECTION 01340 Jackie Gleason Theater of the Performing Arts ADA & Public Interior Design Renovation (12/03) 01340- 9 WI~TGERTER ~,smblished 1919 No. 1 August 3, 2000 City of Miami Beach c/o Giller & Cyiller, Inc. 975 Arthur Godfrey Road Miami Beach, Florida 33140 Atto: Mr. Steve Bernard Report o£Subsurface Soil Exploration and Geotechnical Engineering Evaluation of Subsurface Conditions Addition to lackie Gleason Theater of the Performing Arts 1700Washington Avenue, Miami Beach, Florida WLI Order No. 1362 Dear Mr. Bernard: We are ple~l to present this r~port of our subsurf'ace soil exploration and geotechaical engineering evaluation for the subject site. These services were performed in general accordance with the scope of services outlined in our proposal dated July 17, 2000. This report presents our evaluation and specific recommendations for the proposed construction together with the field data. We appreciate this opportunity to be of servlo~ to you during this phase of the project. If you have any questions or comments regarding the information contained in this report, please call us at (305) 944-3401. enc: Report P-79/Time Charges: l%gineering: LS Lab. No. 254 - Test Borings Respe.~fft..~!~' submitted, WINOgR1~,R l~il~R&TOlm!'__~, INC. Rafael M Plna, ~ Florida Regis,.~tion No. 50771 The ori~n~! ~his mpmt was sisned ami s~lod by fl~z abovz referenced Florida Registerzd Professional Engineer in accordance with Rule 61GI.%18.011 of the Florida Administmllv~ Code. (i) 1820 N.E. 1441h St. - P.O. BOX 611450 · North Miami, FL 33261-1450 · (30~) 944-3401 · 1-800-345-SOIL · Fax: (305) 949-8695 Broward: (954} 764-0472 · Dispatch Fax: (305) 949-1328 STEEL · CEMENT · CONCRETE · PAVEMENT/NSPECTIONS o TEST BORINGS · SPECIFICATIONS · CONSULTATIONS Florida Certificate ii F-614 REPORT OF SUBSURFACE SOIL EXPLORATION & GEOTECHNICAL ENGINEERING EVALUATION OF SUBSURFACE CONDITIONS ADDITION TO JACKIE GLEASON THEATER OF THE "PERFORMING ARTS MIAMI BEACH, FLORIDA AUGUST 2000 CITY OF MIAMI BEACH ~ GI~.!Jl~R & GILLE~ INC. MIAMI BEACH, FLORIDA WINGERTER LABORATORIES, INC. 1820 NE 144th Street North Miami, Florida 33181 TABI~ OF CONTENTS LETTER OF TRANSMITTAL TABLE OF CONTENTS · INTRODUCTION TESTING PROGRAM AND CONDITIONS REVE,~LF~D GEOTECHNICAL ENGLNEERING EVALUATION ENGINg~RING RECOMMENDATIONS 1. Site Preparation 2. Auger Cast (Cast-In-Place) Pile Foundations 3. G~oteehnieai Inspeetor INVESTIGATIVE PROCEDURES SPECIA~ REMARKS & ANNOTATIONS APPENDIX B. TE~F BORING LOCATION ~ & SKETCH Page i ii 1 1 2 2 2 2 4 6 (i~) INTRODUCTION Ve'ingerter Laboratories, Ine. ~ is pleased to present this report of our subsurface soil exploration and Seotechnical engineering evaluation for the subject site. The purpose of this investigation was to obtain specific subsu/face data in order to provide an engineerinS evaluation of the subsurface conditions includins recomme~lations for foundation design for support of the' proposed addition to the Jaclde Oleason Theater of the Perfonnins Arts at 1700 Washington Avenue, in the City of Miami Beach, Florida. Based on our convm~ation with Mr. Steve Bernard of G-iller & Oilier, Inc., it is our tmderstanding that the propos~ addition will oonsist ofenclosins the exist[nS Porte Cochere located alonE the east side of the existing theater. It is also our understanding that the proposed addition is to be supposed upon fourteen (14) inch diameter auger cast pile foundations. Our subsurface exploration consisted of a total oftwo (2) Standard Penetration Test Borings pcrfo,,,cd throughout *.he subject site as shown on Appendix A of this report. The following presents a discussion of the subsurface conditions, detailed Senteclmical engineerins recommendations and our Report of Test Boring Numbers B-1 and B-2. TESTING PROGRAM ~ CONDITIONS REVEALED Our su~ investisation consisted of a total of two (2) Standard Penetration Test Borings, conforming to the requirements of ASTM D 1586, which were performed at the site on Au~nst 1, 2000. Please see Appendix A for our Report of Test Boring Numbers B-1 and B-2 for detailed description of the materials encountered and the depth intervals at which they were encount~m~d. Thc lest boring locations are shown in Appendix B of this repo~ : The number, location and depth of the test bogugs were determined by WLL taking into consideration the requirements of the project, site accessibility and the subsurface conditions reveale& The di.~co~sion~ opinions and recommendafibns contained in this report are based upon A review of the test boring logs indicates that the site of the proposed addition is generally mantled by approximately 12 inches of compacted limerock fill, underlain by medium dense sands with some Da~.,mented rocks extending to a depth'of 4 feet. At this depth, medium dense, dark colored sands with scattered traces of or?n;c materials were encountered extending to depths varying from 5 to 6 feet, followed by medium dense, light colored sands with traces of fragi.ented shells cxtc~dlnSto a depth ofapproximately 23 feet. At this depth, avery dense l~estone fmmation was encountered extending throughout the maximum explored depth of 30 feet below the existinS ~-~,dc. Order No. 1362 I · . The ground water level at the time of our investigation was encountered at a depth of seven (7) feet below the existing land surface. Fluctuations in the ground water level should be expected duo to s~asonal climntic changes, tidal action, rainfall rarer/on, surface runoff, construction aet~wty and other site specific factors. GEOTECHNICAL ENGINI~.V. RING EVALUATION Evaluation of the subetuface data obtained from the test boring logs, usin~ accepted geotechnical enEineering criteria, indicates that the existing subsurface soil conditions are generally suitable for the planned construction. Our evaluation of the subsurface data indicates that the proposed fourteen (14) inch diameter auger cast piles, when installed with a minimum rock embedment of 5 feet, at an estimated depth of 28 feet bclow thc existing land surface, am expected to develop an allowable design compressive capacity of 35 tons. ENGINF. RRING RECOMMRNDATIONS 1. Sit* Pr~Mis'ntion 1.1. Site area shah be cleared and grubbed to remove and dispose of ali pavement, vegetation and debris. 2. Auger Cast (Cnst=In-Plaee) Pile Foundations 2.1. Recommended size: 14 inches diameter. 22l. 2.3. 2.4. Bearing capacity: 35 tons. Tension capacity: Piles may be considered to develop uplift resistance of 15 tons, presuming thnt the reinforcing design is adequate for the stated uplift. The minimmn center to center spacing of piles shall be not less than 30 inches. 2.5. Installation depth: 2.5.1. Auger shall be advanced to a depth of 28 feet referenced to existing site grade, unless refusal occurs. Refusal is. defined as one (1) foot or less penetration in two (2) minutes of drilling. Order No. 1362 2 Physical Criteria: 2.6.1. Auscred shaft shall remain plumb w~thin one'eighth °fthe '~hsft diameter' that is within 1.75 inches for a 14-inch pile. 2.6.2. Augering and pumping equipment, and technique shall be at the contractor's discretion on a performance basis by using acceptable installation procedures to deliver an integral pile. 2.6.3. The volume of grout per linear foot of pile shall exceed thc theoretical pile volume with a minimum grout factor of 1.15. 2.6.4. 2.6.5. 2.6.6. C-rout shall be a mintm~ of Portland cement, fine aggregate, and water with proportions and admixtor~ at the contractor's discretion on a performance basis. A design mix with con~rming strenlr, h test results shall be submitted to the project stru~ural ~ngineor for approval prior to in~allation ofthe piles. Thc minimum 28-day compressive strength of the grout shall be no less than 40OO psi. Grouting shall be perforated in a continuous operation. During extraction of the auger, should volume of ~out-teke markedly increase an~Vor injection pressm maxkedly d~rea~, auger shall be reinserted to a minimum five (5) feet I~low the point in question, and grouting rasumed. The proc~inre shall be repeated as frequently as nec~a~ to insure vertical continuity ofthe grout Down-shaft reinfoming detaih shall be at the discretion of the cor~actor on a porfo, iaance basis; however, reinforcing details shall be presented to the project structural engineer for'approval prior to installation ofthe piles. It is,.. however, ~commended fhat a reinforcing case consisting cfa minimum of one ( 1 ) g8 bar, grade 60 through the full length of the pile with three (3) centralizers along the full depth of pile to detect any %ecking" action be 2.6.7. Piles daall be installed in a sequen~ so that the grout in adjacent piles has had time to set such that adjacent piles are not disturbed. 2.7. Testing and inspection: 2.7.1. At the recommended capacity, a static load test is not required by Section 2405.1(0 of the South Florida Building Code (1994 Ed.). Order No. 1362 3 2.7.2. Pile installation shall be witnessed and logged by the geotechnical inspector. Geotechnical inspector shall con rum shaft plumbness, compliance with depth requirements, continuity of grouting, and reinforcing details; inspector's log shall include the preceding and all other pertinent data including pile identification. 2.7:3. Grout shall be sampled and test cylinders or cubes shall be cast for 28-day strength conil~,-.-,ation at the frequency of no less than one sampling per 50 cubic yards placed, but at least one sampling in each sustained §routin§ operation. 3. Geetechnical Inspector 3.1. Experience indicates that the actual subsoil conditions at a site could vary ~om those generated on the basis of test borings made at specific locations. Therefore, it is essential that a geot~hnicsl engineer be retained to provide soil engineering services duringthe site preparation, excavation and foundation phases of the proposed project. This is to observe compliance with Ibc design concepts, specifications and recommendations and to allow design changes in thc event that subsurface conditions differ fxom those anticipal~d prior to the start of conshaction. 3.2. The geotec.hnical inspector as referenced hereinbefore shall be a Registered Prof~sional En~neer licensed in the State of Florida and experienced in the practice of geotechnlcal engineering, or his desilpu~ed field agent. The results of all ins!~.'tions by the goot~lmical inspector shall be submitied on report or log forms duly signed and sealed in accordance with Rule 61G15-18.011 of the Florida Administrstive Code. 3.3. The geotechuical inspector shall !~ retained by the owner, the project architect, or the project structural engineer. Order lqo. 1362 4 INyESTIGATIVE PROCE1)URKS. · · ' Soil samples (disturbed) were Field work was peffo,~e~l u~ing standard drilling eqmpmemt, split spoon obtained in accordnnce with ASTM D-1586 utilizing a 2-foot long~ 2-inch diam~or - ' · The samoler which is advanced by successive blows of a 140 pound hammer fred-falling 30 roches. number of blows for each 6 inches ofpergtration is r~urded. Tho sum of the second and third blow counts for each 2-foot sampling interval c, onstit~tes the StanO~rd pen~ration Resistance in blows' l~r foot, which is referred to a~ the '~N" Value. The following tables may be used in interpreting the consistency of the mat~fisis based on the"N" Value: Value" Consistency 'qq Value" Comistency 'Sq Value" Consistency (blowg/t~) Designation (blows/R) Desigrmtion (blows/fi) Designation 0 to 4 Very Loose 0 to 2 Very SoR 0 to 25 Loose or SoR ~-------'----- ~ -----'----'---- Medium 5 to 10 Loose 3 to 4 Soft 26 to :50 Dense Medium $ to 8 Medium 51 to 90 Dense 1 to 30 D~ge 31 to 50 D~.-*e 9 to 15 Stiff - 50 or More Ver~ D~n-~ 16to 30 Very Stiff . - 31 or More Hard The Sta~ds~ Penetration Test, '~N" value curve shown on the boring logs indicates thc genelul variation of the "N" value throughout.the depth of the boring. This ~rve is plotted in a straight line which connects each ~ value. Hoxwver, it should not be assumed that the chnnges in the "lq" value arc a linear function. The graphical representations shown on the boring logs should not be sul~tihRed for the actual material descriptions included in the logs. Soil samples will be retained by WLI for a period of thirty (3~) days only unless specifically requested otherwise by the client. Test borings were staked in the field by WLI, using approximate methods. Borings were located by taped distances from existing recognizable landmarks. Boring locations are, therefore, generally as shown, but no degree of accuracy is stated or implied. Elevations wcrc not established for the test boring locations. Depths reported on thc logs represent depths below ground surface as they existed on the date drilled. The clicut is cautioned that if subsequent filling or excavation of the site occurs, the reported depth must be so adjusted. WLI can not.assume responsibiliOy for the accuracy of reported depths if the site is disturbed subsequent to the date drilled. Order No. 1362 5 SPECIAL REMARKS & ANNOTATIONS In dmfllng with the un~oen subsmfacz diman~ion, a prudmt test boring program acts to identify the general range, of conditions and to reduce, but not eliminate, thc risks of unknown conditions. Tberefore, WLI cannot offer a warrantee, expressed or implied, that materials or conditions other than those revealed in the test bearings will not be encountered, nor that the relative ' proportions and density of the materials will not vary from thosc reported. Furthe,iiiore, WLI assUmes no responsibility for the accuracy of the reported depths should any excavaiion, filling or alteration of tho site lgade occur, subsequent to the date of the drilling operation, without surv~yin$ th~ existin$ conditions. Also, sincc the criteria furnished to WLI constitutes our total knowledge and undemtanding of the project; inaccuracies, deviations or alteratiorm of the crit~ia may invalidate these recommendations to the extent they impact the magnitude, di~-'tribution, and elevation of applied loads, or impeot the n~ture of the conatntction. Order No. 1362 6 APPENDIX A TEsT BORING LOGS DEPTH (feetl (~eet) H.Ld:IO n TEST BORING LOG CUENT: Ci~ o~ Be~ c/o ~Eer*& ~er, /~. PROJECT: ~i;ion ro Jac~ G~on ~er of Pe~ng LOCATION: ~ s~n on ~ng ~ca~on DRILLER: J. C~r ELEVATION: - DRILL RIG: Simco DA~ STARTED: 8-]-~ DEPTH TO WA~R: 7.0' DA~ COMPLIED: D~PTH SOIL S~BOLS,' ~v~e ~o BLOWS ~R SOIL DESCRI~ION SAM~E SAMPL~ N CU~E (feet) stx INCHES NO, ~ERVAL 2 -- ~;~ · e Om m ii~t b~ si~ SAND wi~ 2.~4.0 ...... , -- ~3 ~11 ~ - [~j~F~, ...................... - ~ s .................................................. 6~ ~[~ -"~toli~tbm~s~SANDwi~ 5 6.~8.0 - ~:~:~F ~s - ~::~:: ~6 · '~: [~j~ ' IIII ~5: ~ ~ - "Li~i'i~';iii~'~'~i~'~'~ ....... 8 ~s.~w.o [ J I 16-- ~:=:::',H~O 17 '~- ~ II11 ~o=~~; -"~'~i~*~'~*~*~*fiT~'~* s ~o.o-~.o ~1 I II1 .. 25~~~--"~i~'~'~~ .......................... 10 25.0-27.0 I I I 26 ~~rl,,4 : ~ III ~0~ ~.~.~,~ ~ 30.0' I I I le20 N.E. 1,44th S~'~t. · North Miami, FL 33181 WINGERTER IN(:. (30Si 944-3401 1-800-348-S01L I.J4Duri~.un,.-o, rage ~ BORING NO.: B-2 TEST BORING LOG OHcMT. t~ of Miami Beach c/o ~llwr' & ~l~r, I~. p8OJ[GT: ~ion to Jac~e ~e~on ~e~er of Pe~nnmg LOCA~ON. ~ sho~ on ~dng loca~on s~ch I AND mO~ ~R ~ SOIL DESCRI~ION ~PLE ~ ... n ~ CO~E (e, ~ I,o ao ~o ?o 9o I 8 ~ ~:::~:: ~ 7 8 ~10.0 _ =:::.: m. - /I ~ll II II ~: s'~s~ = . : II Il l ii II II ': ~['~[~ ~ ' ~ II I}11~ II II 16 ~ ~ 8 ~ .............................................................. 9 16 ~17 0 ~': ;~o "ll~l Il I1 ~ ~::~:: ........................................ ~: ............ : ...... I II1~. III 29 ~ ~ 29 59 1820 N.E. 144th Street,* Ninth Miami. FL 33181 WINGERTER LABORATORIES, INC. Page A-3 Symbol Description Soil e'~mbols Misc. Symbols Water table at boring completion LEGEND Fragmented limestone and sand Sand wi.th some to trace limestone Sand with some to .trace organics Sand with trace shell fragments Sand with some fragmented limestone and shell fragments Fragmented Limestone Soil Samolere Standard peneiration test 1820 N.E. 144th Street ' North Miami, FL 33181 (305) 944-3401 1-800.3415-SOIL WINGERTER "~"'~"'~"'"'"""'.-~m.,ru,*.~Jn,,';~, INC. Page A-4 APPENDIX B TEST BORING LOCATION MAP & SKETCH TEST BORING LOCATION MAP PREPARED BY: [~-~ DATE:~ Drawer L. NorCh Mi&tnt. Florida 33Q61 - ! 529 TEST BORING LOCATION SKETCH FLOOR PLAN (EXISTINI~) · ~ TEST BORING LOCATION PREPARED ~TT WINGERTER Driwcr L. NorOr~ MinenL FIo~da 3'~061. J ~ City of Miami Beach Addition to Saokio/31eason Theater of the Performing 1700 Washington Avenue, Miami Beach, FL · Page: ]3-2 ASBESTOS SURVEY REPORT THE JACK~E GLEASON THEATER OF THE PERFORMING ARTS 1700 WASHINGTON AVENUE MIAMI BEACH, FLORIDA ATC PROJECT NUMBER 31.00588.0040 PREP~P, ED FOR: THE CITY OF MIAMI BEACH GENERAL SERVICES ADMINISTRATION 1700 CONVENTION CENTER DRIVE FOURTH FLOOR MIAMI BEACH, FLORIDA 33139 PREPARED B ¥: ATC ASSOCIATES INC. 9955 NORTHW~T 116TM WAY SurrE 1 MIAMI, FLORmA 33178 ATTENTION: MP~ BRUCE HENDERSON ENVIRONMENTAL SPECIALIST ASSOCIATES INC. 9955 NW 116 Way, Suite 1-5 Miami, Florida 33178 www. atc-enviro.com 305.882.8200 Fax 305.882.1200 February 2, 2002 Mr. Bruce Henderson Environmental Specialist The City of Miami Beach General Services Administration 1700 Convention Center Drive Miami Beach, Florida 33139 Re~ Asbestos Survey Report Thc Jaekie Gleason Theater of the Performing Arts 1700 Washington Avenue Miami Beach, Florida ATC Project Number 31.00588.0040 Dear Mr. Henderson: ATC Associates Inc. (ATC) conducted an asbestos survey at the above-referenced facility. Suspect materials were sampled in accordance with the project scope of services. The survey was conducted in general accordance with ATC Proposal Number 31-2001-1201469 dated December 11, 2001. The survey was conducted January 10-15, 2002 by ATC building inepeetor, Mr. Mike Jimenez. Of the seventy-six samples analyzed, none were found to be asbestos containing. All data generated as a result of this survey will remain confidential and will not be released to unauthorized person(s) without your prior consent. ATC will not, without your permission, publish or advertise, that we were contracted to provide asbestos consulting services for you on this project. ATC appreciates the opportunity to be of service to you on this project and looks forward to our continued relationship. If you have any questions regarding this information, please do not hesitate to contact us. Sincerely, ATC Associates Inc. Asbestos Busir~ss License #ZA-0000031 Steven E. Black, P.E. Florid a Registration #pE003981 (; Asbestos Consultant #EA0000082 TABLE OF CONTENTS Page Suramary of Results ............................................................................................ 1 Section 1.0 Section 2.0 Section 3.0 Sect/on 4.0 Section 5.0 Facility Description ................................................................................ ~ ..................... 3 Regulatory References .................................................................................................. 4 Sampling Limitations ................................................................................................... 6 Analytical Methodology ............................................................................................... 6 Recommendations ........................................................................................................ 7 Appendices: Appendix A: Appendix B: Appendix C: Report of Bulk Sample Analysis for Asbestos and Chain of Custody Surveyor Certification Typical Suspect Material List The City of Miami Beach Asbestos Survey Report The Jackic Gleason Theater of the Pcrfornting Arts SUMMARY OF RESULTS 1, 2 12" ~ 12" ~e~ V~yl FMor Tile & ~ 6,~ fl.~ N/A N/A Rela~d M~fic ~ S~ge ~ea 3, 4 B~ck V~yl ~ve B~ & Roland ~ 1,~ 1.~ N/A N/A Mastic ~out S~ey ~a 5, 6 2' x 4' Ceil~ Tile, B~ent ~vel ~ 12,0~ ~ N/A N/A 7, 8 ~ WalWCe~gs ~ou~out ~ 120,~ ~.z N/A N/A S~ey ~ 9, 10 ~o~t Co~ound ~u~out S~ey ~ 20,~0 l.fi N/A N/A ~a 11, 12 Bm~ HVAC ~ct Mastic ~ 8~ I.L N/A N/A ~u~out S~ 13-15 F~oofmg, ~ge ~a ~ 5~ fl.g N/A N/A 16-22 Wall Sm~o ~oughout S~ ~ 7~ fl? N/A N/A Aga 23, 24 S~ Und~coa~g, W~obe R~m ~ 8 fl.g N/A N/A & ~h~ 25, 26 Blac~ Ca~cg Mastic, 2~ & 3~ ~ 25,~ fl.~ N/A N/A FI~ 27, 28 B~ck C~g Mastic ~ ~bby ~ ~ 250 fl.~ N/A N/A 29-33 W~I Text, 2~ & 3~ Floor ~ 1,5~ ~ N/A N/A ~l~ys 34, 35 2' x 2' ~il~g Tile, 3~ Floor ~ 240 fl.~ N/A N/A 3~2 Ce~ Tcx~e ~oughout ~ey ~ 20,~ fl.g N/A N/A ~a 43~9 Li~t Blue Exterior Stucco ~ 60,~0 fl.~ N/A N/A 5~56 Wa~ & ~i~g Plast~ ~u~ut ~ 45,~ fl.~ N/A N/A S~ey ~a 57, 58 D~k Bm~ ~b~ ~ 240 ~ N/A N/A 59, 60 C~ ~obar ~ 450 ~ N/A N/A 61-63 Pi~ ~u~fi~ Jacket on ~iled ~ 5,5~ 1.fl N/A N/A Wa~ L~s ~c) ~-66 Pipe ~ula~on Jack~ 0n ~ed ~ 200 l.f. N/A N/A Wat~ L~es (El~w) 67-69 Pi~ ~ula~on Jacket on ~Hcd ~ 2~ 1.~ N/A N/A Wa~r L~es ~i~gs) 7~72 Hot Wa~ Pi~ ~u~fion ~ ~ 2,0~ 1.f. N/A N/A B~t ATC Associates Inc. I Project Number 31.00588.0040 The CRy of Miami Beach Survey Report J~kie Gleason of me Performing Arts TABLE LEGEND: QUANTITY ESTIMATE: PLM ANALYSIS: *EPA CATEGORY: * RECOMMENDATIONS: Homogenous Sampling Area (same materials) Estimated Quantity of liSA Chr. -- Chrysofile Asbestos Ams. = Amosite Asbestos ........... ND = No Asbestos Detected F = Friable NF-i = Non Friable - Category I NF-II -- Non Friable - Category II N/A = Not Applicable Refer to Recommendations - Section 5.0 ATC Associates Inc. 2 Project Number 31.00588.0040 The City of Miami Betch Aabe~ea Survey Report The .l'acklc Gleason Theater of the Performing Arts 1.0 FACILITY DESCRIPTION Fa~llty Usage: FaciEty Construction: Survey Area Identification: Survey Area Si~e: The~er Circa 1970 Interior & Exterior (Excluding Roofs) Approximately 85,000 ff.2 Survey_ Area Components Walls Foundation HVAC Roof Exterior Occupancy Acoustic Tile, Drywall & Plaster Drywall & Plaster Wood, Carpet, Vinyl & Ceramic Tile Not Assessed Central Not Assessed Stucco Occupied ATC Associates Inc. 3 Project Number 31.00588.0040 A~be~tos Survey Report The Sackie Glcason Theater oflhe Performing Arts The City of Miami Beach 2.0 REGULATORY REFERENCES Asbestos-related activities are regulated by many federal and state regulations, statutes and standards, including those of the Occupational Safety and Health Administration (OSHA),. the Env'nonmental Protection Agency (EPA) and State of Florida Statutes (F.S.). EPA RF. GI~ATIONS: National Rmin.~ion Standards for Hazardous Air Pollutants (NESHAP) [40 CFR 611 NESHAP regulates renovation and demolition activities. Sets forth the requirements for notifications and removal-and disposal of asbestos-containing materials (ACM). Included in NESHAP are requirements concerning manufacturing, spraying and fabrication of ACM. Asbestos-Containine Materials in Schools (40 CFR 763. Subpart E) The Asbestos Hazard Emergency Response Act (AHERA) delineates the requirements for identification, assessment and management of asbestos-containing materials in schools. ~sbestos S{:hool Hazard Abatement Reauthorization Act (ASHARA) [Pub. L.101-6371 The ASHARA regulation amended AHERA to extend training and accrcclitation requirements to persons performing asbestos work in public and commercial buildings. OSHA P~GULATIONS: 29 CFR 1926.58: Construction Industry_ Standard (public Sector Employees) 29 CFR 1926.1101: Construction Industry_ Standard (Private Sector Employees) The construction industry standard covers employees engaged in demolition, construction, and the re~x)me actions and preventative measures such as removal, encapsulation, alteration, repair, maintenance, insulation, allowable levels of asbestos exposure, spill/emergency clean-up, transportation, disposal and storage of ACM. 29 CFR 1910.1001: General Industry_ Standard The general industry standard applies to all occupational exposures other than for construction work, such as those personnel engaged in manufacturing and repair of asbestos-containing materials, with essentially the same areas of exposure regulations as the construction industry stand~rd. 29 CFR 1910.134: Use of Respirators The OSHA Respiratory Protection Rule defines the program and requirements, when personnel are required to wear respirators and the maintenance of respirators. ATC Associates Inc. 4 Project Number 31.00588.0040 A~bestos Survey Report The Sackic Gleason Theater of the Performing The City of Miami Beach STATE OF FLORIDA STATUTES: F.S. 255.551 - 565 - State Building Program F.S. 469,001 - 015.- Licensing of. Asbestos Consultants and Contractors The F.S. 255 portion deals with the establishment of an asbestos program applicable to all state facilities. The F.S. 469 portion deals with the licensing, l~aiuing and responsibility of consultants, contractors and Workers. F.S. 442 - Right-To-Know Law The document addresses the requirements to advise pemonnel of hazardons materials that may be in the workplace. Asbestos is covered in the refor~need list of materials. ATC Associates Inc. 5 Project Number 31.00588.0040 Asbestos Survey Report The Jacldc Oleason Theater of the Performing Aris The City of Miami Beach 3.0 SAMPLING LIMITATIONS Due to the limitations of the sampling, typically suspect materials which were not sampled should ";'--.'be. assumed to contain asbestos until sampling and analysis documents otherwise. A list of typically suspect materials can be found in Appendix "C" of this report. The results, findings and conclusions expressed in this report are based only on conditions which were observed during our survey of the accessible area of the building. ATC and this report make no representation or assumptions as to past conditions or future occurrences. Our selection of sample locations and frequency is based upon the scope of services, our observations and the assumption that like materials in the same areas are homogenous. The quantities and locations of the ACM listed in this report are approximate only. This report is prepared to assist the owner of the building, architect, construction manager, general contractors, and potential asbestos abatement contractors in locating the ACM. This report is not intended as a bidding document or as a project specification document. The limitations of the survey may not qualify this report to be adequate for EPA/NESHAP and/or OSHA applications. 4.0 ANALYTICALMETHODOLOGY Bulk samples were analyzed at ATC by polarized light microscopy utilizing dispersion staidng techniques according to the U.S. EPA Method 600/R-93/116, July 1993, incorporating visual estimates of identified material percentages. Material that contains greater than one percent of any type of asbestos fibers is considered by the EPA and OSHA (29 CFR 1926.1101) as ACM and must be handled according to regulations. Friable materials which are visually estimated to contain one percent or less of any type of asbestos fibers are required to be considered ACM by the EPA, unless the "point counting" method of analysis and quantification is used to denote the percentages. Analysis of floor tile and other resinously bound materials by EPA Method 600/R-93/116, July 1993, may yield false negative results because of method limitations in separating closely bound fibers and in detecting fibers of small length and diameter. When analysis of such materials yields negative results for the presence of asbestos, the EPA recommends utilizing alternative methods of identification, including Transmission Electron Microscopy. ATC Associates Inc. 6 Project Number 31.00588.0040 · , Asbestos Survey Report The Jackie ~lcason Theater of the Performing Arts The City of Miami Beach RECOMMENDATIONS Typical response alternatives, as referenced in the Summary of Results, and applicable at this time, are as follows: ' , .' · ~ 1. O&M Program An Operations and Maintenance (O&M) Program allows the materials to remain in place, with periodic surveillance and air monitoring. 2. Repair The repair of damaged materials to minimize potential for fiber release. 3. Encapsulation The application of a surface coating to the ACM to minimize the potential for fiber release. 4. Enclosure The construction of an air-tight barrier to isolate the ACM and to minimize the potential for fiber release. 5. Removal The removal of the ACM from the facility. The removal of ACM is required to be performed by trained and/or licensed personnel in compliance with F.S. 469.001 - .015. o Confu'mato~ Analysis Additional analysis of the ACM is conducted, utilizing PLM "Point Counting" procedures and/or Transmission Electron Microscopy (TEM) methods to confirm the absence or presence of asbestos. Immediate Removal The restriction of access of personnel to areas containing the ACM and the removal of ACM as soon as possible. Additionally, air monitoring is conducted to document the absence or presence of airborne asbestos fibers. 8. Wet Demolition The demolition of buildings with non-friable materials in place while providing constant misting of water during all disturbance activities. All work is conducted in accordance with all applicable regulations and with prior approval of the local regulatory agencies. Confirmatory Sampling To be in compliance with EPA/NESHAP, OSHA and/or other regulatory requirements, additional sampling of the suspect materials may be required to confirm the presence or absence of asbestos. The Florida Right to Know Law (F.S. 442) requires notifying employees who may be exposed to hazardous materials and/or substances (including asbestos) in the workplace. ATC recommends input from your legal counsel in matters relating to asbestos. ATC Associates Inc. 7 Project Number 31.00588.0040 ] Hy,~eia BULK SAMPLE ANAL YSIS REPORT ClientName: · ATC - Miami Batch O2-60 Project # 31.00586.0040 Task # Date Received t116/02 Project Name Jackie Gleeson- City of Miami Beach Date,4naly~ed 1116/02 :Collected By Maykel Jimenez . Analyst May/Hamel Date Collected 1/15/02 Analyst Signature ~'~.~ ~ ~GEIALABORATORIES, INC Way, Suite 1, Miami, Florida 33178, (305)852-8200, (305)882-1200 (fa;)gLAP xtccredited #200535-0 Page I of 7 ampleID/ ~ample Stereoscopic dsbestos % Fibrous 96 Non. Fibrous ab ID Oescription Description Type(s) Components Components i A1 !2" Vinyl Green Color: Grey None Detected None Detected i Carbonates ;Ioor Tile Fdabte: No i Silicates Homo: Yes Layered: No AIMastlc Vlastic Color: Black None Detected None Detected ' Silicates Friable: No I Mastic Homo: Yes Layered: No I A2 !2' Vinyl Green Color: Gray None Detected I None Detected i Carbonates Floor Tle Friable: No ! i Silicates Homo: Yes t Layered: No A2 Mastic !Mastic Color:. Black None Detected i None Detected i Silicates ' ~ Friable: No ' i Mastic ; Homo: Yes ; Layered: No i B3 IBlack Covebase Color:. Black None Detected ] None Detected ! Vinyl i Friable: No Homo: Yes i i Layered: No i B3 Mastic iMastic Color: Beige None Detected I None Detected i Maslic I Friable: No i I :Homo: Yes ] Layered: No r B4 Black Covebase Color: Black None Detected i None Detected i Vinyl Friable: No i i Homo: Yes Layered: NO ! B4 Mastic ~3astic Color: Beige None Detected I None Detected ~ Mastic Friable: No Homo: Yes I Layered: No ] i C5 ~x4 White Ceiling ~olor: Tan None Detected I Cellulose 60-65 { Perlite rile Friable: Yes Fibrous Glass 20-25 Homo: Yes Layered: No I C6 2x4 White Ceiling Color: Tan None Detected ' Cellufoss 60-65 Tile Friable: Yes Fibrous Glass 20-25 ! Silicates Homo: Yes ! Layered: No D7 Drywall Ceiling Color: Brown, Beige None Detected t Cellulose 15-20 ' Friable: Yes I Homo: Yes t Layered: Yes ! D8 Drywall Ceiling Color: Brown, Beige None Detected I Cellulose 15-20 Silicates Friable: Yes Homo: Yes Layered: Yea E9 Joint Compound Color: White None Detected Cellulose 50-55 Friable: Yes :, ...... -Iomo: Yes i Layered: Yes I [ H.vg, eia ~GEIALABORATORIES, INC ' W 11 ~n Way, Suite 1, Miami, Florida 33178, (305)882-8200, (305)882-1200 (fo/)VLAP Accredited 11200335-0 BULK SAMPLE ANALYSIS REPORT 2 o/ ClientlVame: Project 11 Project Name ~ollected By ATC - Miami 3t.00588.0040 Task fi Jackie Gleason- City of Miami Beach M~ykel Jlmenez Batch O2-6O Date Received ~/~6/02 Date Analyzed 1/16/02 Analyst Mary Hamel Date Collected !Sample ID/ Lab ID EIO 1115/02 ample escription Joint Compound Brown AC Duct Mastic ~tereoscopic Descrtptton Color:. White FriabJe: Yes Homo: Yes Layered: Yes Color:. Brow~ Friable: No Homo: Yes Layered: No Analyst Signature /37~.~ ~ ypSbestos 96 Fibrous % Non-Fibrous e(s) Components tComponents Cellulose 50-55 Silicates None Detected None Detected Cellulose ' ' 3-5 Mastic F12 Brown AC Duct Color: Brown None Detected Cellulose 3-5 Mastic Mastic Friable: No Homo: Yes Layered: No G13 Fire Proo§ng Color: Tan i None Detected Fibrous Glass 85-90 Binders Friable: Yes Homo: Yes Layered: No G14 =ire Proofing Color: Tan None Detected Fibrous Glass 85-90 Binders Friable: Yes Homo: Yes Layered: No G15 Fire Proofing Color:. Tan NoneDetected Fibrous Glass 85-90 Binders Friable: Yes Homo: Yes Layered: No H16 Interior Stucco Wall i Color: White None Detected Cellulose 3-5 Carbonates Friable: Yes Homo: Yes Layered: No H17 Interior Stucco Well Color: White None Detected Cellulose 3-5 Carbonates Friable: Yes Homo: Yes Layered: No ~ H18 Interior Stucco Wall Color: White None Detected Cellulose 3-5 Carbonales Friable: Yes Homo: Yes Layered: No H19 Intedor Stucco Wall None Detected Cellulose 3-5 Carbonates : H20 Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No ntedor Stucco Wall Interior Stucco Wall None Detected Cellulose 3-5 Interior Stucco Wall Carbonates H21 '. H22 None Detected Cellulose 3-5 Carbonates None Detected Cellulose 3-5 Carbonates · IYGEIA LABORATORIES, INC Hygeia ~955 NW 11~h Way, Suite I, Miami, Florida 33178, (305)882-8200, (305)882-1200 (fax) BULK SAMPLE ANAL YSlS REPORT NVLAP ~4ccredited #200535-0 Page 3 of 7 CiientName: ATC - Miami Batch 02-60 Project # 31.00588.0040 Task # Date Received 1/16102 Project Name Jackle Gleaso~ City of Miami Beach Date .4nalyzed 1116/02 £ollected By Maykel Jlmenez · /tnalyst Mary Hamel Oate Collected 1116/0~ Analyst Signature ,~?-'-__.. ~ ~ample ID/ Sample ~tereoscopic Asbestos % Fibrous % Yon-FibrouS ~ab ID Description Description Type(s) Components Components i 123 Sink Undercoating Color: Tan None Detected Cellulose 15-20 i Mastic ~ Friable: Yea Homo: Yes ! 124 Sink Undercoating Color. Tan None Detected Cellulose 15-20 i Mastic Friable: Yes J Homo: YesI Layered: No I J25 Black wi White Color: Brown None Detected t None Detected i Silicates Squares Friable: No ! Mastic ,;arpel/Mastic Homo: Yes Layered: No J26 Black wi White :olor: Brown ~ None Detected I None Detected , Silicates Squares Friable: NoI .. ~ Mastic Carpet/Mast c Homo: Yes ! · Layered: No ! ! K27 Black Carpet/ Color: Brown None Detected I Synthetic 5-10 ! Mastic Mast ~: Friable: No I Fibers Homo: Yes I Layered: No I K28 Black Carpet/ Color: Brown None Detected Synthetic 5-10 Mastic Mast c Homo:Friable: yesN° F bets ; Lay~ecl: No ! i 1_29 Textured Wall Friable:C°l°r:' NoWhite None Detected None Detected ~;i SilicatesCarb°nates Homo: Yes Layered: No ! · L30 Fextured Wall Color: White None Detected t None Detected i Ca~oonates Friable: No ] i Silica[es Homo: Yes Layered: No I L31 Textured Wall Color: White None Detected j None Detecled Friable: No I i Silicates Homo: Yes Layered: NoI L32 Textured Wall Coloc White None Detected j None Detected ! Carbonates Friable: No! ~ Silicates Homo: Yes I j Layered: No L33 Textured Wall Homo: Friable: Color:. Yes No White None Detected None Detected Layered: No ! M34 ~x2 White Ceiling Color: Tan None Detected~J Cellulose 60-65 rile Homo:Friable: YesYes J Fibrous Glass 15-20 ~I Perlite Layered: NoI M35 2x2 White Ceiling Color:. Tan None Detected I Cellulose 6065 Tile Friable: Yes Fibrous Glass 15-20 i Pedite ....... Homo: Yes I Layered: NoJ H~lgeia CllentName: Project # Project Name Collected By Oate Collected I.$ample ID~ gample ;Lab ID Description i N36 i'extuxed Coiling ! N38 Textured Ceiling N3g N40 N41 N42 043 044 045 046 047 048 ~GEIALABORATORIES, INC ~V 1 l ~n Way, Suite I. Miami, FIo~fda 33178, (305)882-8200. (305)882-1200 (fa/~z~lp .4ccredited #2OO33 5-O Page 4 of 7 Batch 02-60 Date Received '1116/02 Date ,4nalyzed 1116/02 ,4nalyst Mary Hemal .4nalyst$ignature ~,~.-~..( BULK S 4MPLE AN~IL YSIS REPORT ATC - Miami 31.00588.0040 Task # Jackia Gleason- City of Miami Beach Maykel Jimenez 1115/02 Textured Ceiling Textured Ceiling textured Ceiling Texlured Ceiling Light Blue Stucco Light Blue Stucco Light Blue Stucco Light Blue Stucco Light Blue Stucco Light Blue Stucco Stereoscopic ~sbestos % Fibrous % ~Von-Fibrous Description [Type(s) Components [Components Co, or:. Beige None Detected None Detected Friable: Yes Homo: Yea Layered: No Color: Beige Friable: Yes Homo: Yes Layered: No :Color: Beige Fdable: Yes Homo: Yea Layered: No Color: Beige Friable: Yes Homo: Yes Layered: No Color: Beige Friable: Yes Homo: Yes Layered: No None Detected Colon Gray, Blue Friable: No Homo: Yes Layered: No Color:. Gray, Blue Friable: No Homo: Yes Layered: No None Detected None Detected None Detected None Detected None Detected None Detected None Detected Silicates Vermiculite Silicates Vermiculite Silicates Vermiculite Silicates Vermiculite Color: Beige None Detected None Detected Silicates Friable: Yes Vermiculite Homo: Yes Layered; No Color: Beige None Detected None Detected Silicates Friable: Yes Vermiculite Homo: Yes Layered: No Color: Grey. Blue None Detected None Detected Carbonates Friable: No Silicates Homo: Yes Layered: No Paint None Detected None Detected None Detected None Detected Color:. Grey, Blue Friable: No Homo: Yes Layered: No None Detected None Detected Carbonates Silicates Paint Carbonates Silicates Paint Carbonates Silicates Paint Color: Gray, Blue None Detected None Detected Carbonates Friable: No Silicales Homo: Yes Layered: No Paint Color: White, Blue None Detected None Detected Carbonates Friable: Yes Silicates Homo: Yes .......... La__y~r?; ..... No ....... IYGEIA LABORATORIES, INC Hylgeia ~955 NW 116m Way, Suite 1, Miami, Florida 33178, (305)882-8200, (305)882-1200 (fax) NI/LAP Accredited #200335-0 BULK SAMPLE ANAL YSlS REPORT ,ge s o/z ClientName: ATC - Miami Batch 02-60 ~roject # $1.005s8.0040 Task # Date Received 1116~02 Project Name Jackie Gleason- Cily of Miami Beach Date Analyzed 1116/02 *"ollected By Maykel Jimenez ' ' Analyst Mary Hamel )ate Collected lrl5/o2 Analyst Signature ,~ ~ ;ample lD/ ~_ample ~_tereoscopic ~sbestos % Fibrous % ~on-Fibrous r, ablD eeScription ~escription [Type(s) Components IComponents 049 .ight Blue Stucco Color: White. Blue None Detected None Detected Carbonates Frfable: Yes Homo: Yee P50 P51 P52 P53 Plaster Walls/ Ceiling Plaster Walls/ Ceiling Plaster Walls/ Ceiling Plaster Walls/ P-eiling Layered: No. Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No None Dete'ct ,:i ' None Detected iNone Detected None Detected None Detected ~ None Detected None Detected None Detected Carbonates Silicates Carbonates Silicates Beige Yes Yes No Beige Yes Yes No S61 R59 .ight Cream :~yrobar R60 Light Cream Pyrobar Color: Friable: Homo: Layered: Color: Fdable: Homo: Layered: Color: Friable: Homo: Layered: Chiller Pipe Jacket, Color: White, Silver Straight Pipe Friable: No ..... Homo: Yes .......... t2ay~red: . Yes ......... Beige Yes Yes No Q57 Dark Brown Pyrobar Color: Beige None Detected Cellulose Friable: Yes Homo: Yes Layered: No ..... Q58 Dark Brown Pyrebar None Detected Cellulose Color: White Friable: Yes Homo: Yes Layered: No Color: White Friable: Yes Homo: Yes Layered: No None Detected None Detected None Detected None Detected P56 None Detected None Detected Cellulose Cellulose Cellulose '- Cadaonales ! Silicates Carbonates Silicates Carbonates Silicates Carbonates Silicates Carbonates Silicates 10-15 Silicates 10-15 Silicates 10-15 Silicates 10-15 Silicates 35-40 Aluminum Plaster Walls/ Ceiling P54 ~laster Walls/ Color: White None Detected None Detected ,3eiling Friable: Yes Homo: Yes Layered: No P55 Plaster Walls/ None Delected Ceiling ! TYGEIA LABORATORIES, INC ~955 NW 11~n Way, Suite 1, Miami, Florida 33178, (305)882-8200, (305)882-1200 (fax) BULK S 4MPLE ANALYSIS REPORT NI/LAP Accredited #200335-0 Page 6 of 7 ClientName: ATC - Miami Oroject # 31.00588.0040 Task # -Project Name Jackia Gleason- City of Miami Beach Collected By Maykel Jimenez 9ate Collected Batch 02-60 · Date Received 1116/02 Date Analy~ed lns/o2 Analyst Mary Hamel Analyst Signature ~'~.~. ~-~ lSample ID/ Sample ~tereoscoplc ~4sbestos % Fibrous % Non-Fibrous 'Lab ID Description Oescription Type(s) Components Components ;, S62 Chiller Pipe Jacket, Color: White, Silver None Detected Cellulose 35-40 ! Aluminum Straight Pipe Friable: No Homo: Yes La~,ered: Yes S63 Chiller Pipe Jacket. Color:. White, Silver None Detected Cellulose 35-40 i Aluminum Straight Pipe Friable: No Homo: Yes Layered: Yes T64 Chiller Pipe Jacket, Color:. Black, White None Detected Fibrous Glass 20-25 i Mastic Elbow =riabia: No Woliastonite 3-5 i Foam Homo: Yes Layered: Yes T65 Chiller Pipe Jacket. Color:. Black, White None Detected i Fibrous Glass 20-25 ! Mastic Elbow Friable: No Wollastonite 3-5 i Foam Homo: Yes Layered: Yes T66 IChiller Pipe Jacket. Color: Black, White None Detected Fibrous Glass 20-25 i Mastic Elbow Friable: No Wo aston te 3-5 Homo: Yes I Layered: Yes . U67 Chiller Pipe Jacket, Color: Black. White None Detected i Fibrous Glass 20-25 Mastic Fitting Friab e: No I Wollastonite 3-5 Foam Homo: Yes Layered: Yes ! U68 Chiller Pipe Jacket, Color:. Black, White None Detected ! Fibrous Glass 20-25 i Mastic Fitting Homo:Friable; YesN° i Wollastonite 3-5 i Foam Layered: Yes ! U69 Chiller Pipe Jacket, Color: Black, White None Delected Fibrous Glass 20-25 i Mastic Fitting Friable: No Wollastonite 3-5 i Foam Homo: Yes Layered: Yes V70 Heater Pipe, Color: Yellow, Silver None Detected· Cellulose 45-50 i Silicales Straight Pipe Friable: No Fibrous Glass 30-35 i Aluminum Homo: Yes Layered: Yes V71 IHeater Pipe, Color:. White, Tan None Detected Cellulose 40-45 i Silicates ~Straight Pipe Friable: No Fibrous Glass 15-20 Homo: Yes Layered: Yes V72 Heater Pipe, Color: White, Tan None Detected I Cellulose 40-45 Straight Pipe Fdabia: No Fibrous Glass 10-15 ~i Aluminum Homo: Yes Layered: Yes , I,Hy~eia ~GEIALABORATORIES, INC ' W 11 ~h Way, Suite 1, Miami, Florida 33178, (305)882- 8200, (305)882-1200 (fa~)VL4p Accredited #200335- 0 BULK SAMPLE ANAL YSIS REPORT 7 z Client~lame: ATC - Miami Batch 02-60 =roject # 31.00588.0040 Task # Date Received 1/16/02 ~Project Name Jackia G~n- City of Miami Bea~ Date Analyzed ~11~02 ~ollected Jy Mayk~ Jimenez ~Rai~$t Ma~ Hamel 9ate Collected 1/lU02 Analyst Signature ~ ~ 'Sample ID/ ~ample ~_tereoscopie ~sbestos % ,Lab lD [Description ~escription IType(s) Comments- Analytical Methadst£PA 601VR-93/I 16, J~ly i 993 .Enclased test ~1~ ~la~$ onlp to Items t~ted. - ~hlt regoa shall n~ be rear,uteri, ~pt In full without w~ffen ap~ro~! oft~ laborata~ _ T~h re~on cannat be uzed to clalm ~roduct endo~ement by NV~P er any agtn~ of t~e ~S. Ge~rnment. · Fibrous % ~on-Fibrous ! Components JComponentsI Method ldmitations: Inolysts of resinous and b#uminons bound materials (g& floor tile, roofing, etc.) by Polurlted Light Microscopy (PLM) may yleld fol~ negatlwt results dtte to m~had Iimltntlan$. Ia these ca~s, EP,4 and Hj,gela recommend alternative methods of analysis. Layecad Samples: 'utopias that contain discreetly identifiable la),er~ will be analysed and reported separately, if any layer is found m contain asbestos. When all lajwr~ are found nat to contain ash~tos one composite analysis can be reported. In addition, sampl~ that contain individual layers that cannot be discreetly separated without compromising vomo layer; those samples nqll be analyzed as composite. ;4# Layers ,4nalyted *Net ~4nalyzed - Ist Positive Stop Series Respectfully &tbmitted, Julia Lopez Laboratory Manager oo Ill I I I # t I I I1' SAMPLE LIST OF SUSPECT ASBESTOS-CONTAINING MATERIALS * Cement Pipes * Cement Wallboard * Cement Siding * Asphalt Floor Tile * Vinyl Floor Tile * Flooring Backing * Pipe Insulation (~rrugated air-cell, block, etc) * Construction Mastics (floor tile, ceiling tile, etc.) * Heating and Electrical Ducts * Acoustical Plaster * Electrical Panel Partitions * Decorative Plaster * Electrical Cloth * Textured Paints/Coatings * Electrical Wiring Insulation * Ceiling Tiles and Lay-in Panels * Spray-Applied Insulation * Roofing Shingles * Blown-in Insulation * Roofing Felt * Fireproofing Materials * Base Flashing * Taping Compounds (thermal) * Th~iiiial Paper Products * Pacldng Materials (for wall/floor penetrations) * Fire Doors * High Temperature Gaskets * Caulking/Putties * Laboratory Hoods/Table Tops * Adhesives * Ductwork Flexible Fabric Connections * Elevator Brake Shoes * HVAC Duct Insulation * Boiler Insulation * Breeching Insulation * Chalkboards * Vinyl Sheet Flooring * Vinyl Wall Coverings * Spackling Compounds * Elevator Equipment Panels * Fire Curtains * Joint Compounds ' * Fire Blankets * Wallboard * Laboratory Gloves * Cooling Towers Note: This list does not include every product/material that may contain asbestos. It is intended as a general guide to show whiCti types of materials may contain asbestos. *USEPA Document 20 T-2003, July 1990, "Managing Asbestos in Place, A Building Owner's Guide to Operations and Maintenance Programs for Asbestos~Containing Materials." TY OF MIAMI BEACH 17C00 !ONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci, miami-beach.fi.us PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 10-03/04 ADDENDUM NO. 4 February 5, 2004 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS is amended as follows: I. The following are clarifications to Addendum #3. 1. Page 9, item no. V, please delete: "and a Unit Cost Breakdown form to be submitted as part of the bid submittal." 2. Page 6, item no. 19, please delete: "Board will again be available at next walk thru." 3. Please find attached, to this addendum: cut sheets referenced on page 3, item no. 16. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement D~rector Re: WI' e~d-,atr Lift for Jactde Gleason Theater ~ I.~,'b~ propoees to fumlmh =and k-retail ore vertical platform lift, Model 14P.,DE-60 (Indoor. modaO ~ufa~red =y Nattoi~ W'nee~O-V~r ~ the .iht=wing cornponents/~ TABLE OF CONTENTS PAGE NOTICE FOR BIDS ..................................................................................................................... 6 NO BID NOTIFICATION FORM ............................................................................................. 10 PLANS AND SPECIFICATIONS ORDER FORM ................................................................. 11 00100. GENERAL INSTRUCTIONS TO BIDDERS ................................................... 12 00200. DEFINITIONS ..................................................................................................... 14 00300. INSTRUCTIONS TO BIDDERS ....................................................................... 17 1. Examination of Contract Documents and Site ................................... 17 2. Pre-Bid Interpretations ........................................................................... 17 3. Submitting Bids ....................................................................................... 18 4. Printed Form of Bid ................................................................................ 18 5. Bid Guaranty ........................................................................................... 18 6. Acceptance o r Rejection of Bids .......................................................... 19 7. Determination of Award ......................................................................... 19 8. Evaluation ................................................................................................ 19 9. Contract Price ......................................................................................... 19 10. Postponement of Date for Presenting and Opening of Bids ........... 19 11. Qualifications of Bidders ....................................................................... 20 12. Addenda and Modifications .................................................................. 20 13. Prevailing Wage Rates .......................................................................... 20 14. Occupational Health and Safety .......................................................... 20 15. Environmental Regulations ................................................................... 21 16. "Or Equal" Clause .................................................................................. 21 17. Protested Solicitation and Award ......................................................... 22 18. Financial Stability and Strength ........................................................... 22 00400. BID/TENDER FORM ......................................................................................... 23 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ..................... 26 00407. SCHEDULE OF PRICES BID .......................................................................... 27 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ...................................................... 28 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE ............................................................................................. 30 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 2 00520. 00530. 00540. 00550. 00600. O0708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE .................................................................. 37 SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION ............................................. 38 SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT .................................................................................... 40 RECYCLED CONTENT INFORMATION ....................................................... 42 CONTRACT ........................................................................................................ 43 FORM CERTIFICATE OF INSURANCE ........................................................ 53 FORM OF PERFORMANCE BOND ............................................................... 54 FORM OF PAYMENT BOND ........................................................................... 57 CERTIFICATE AS TO CORPORATE PRINCIPAL .......................................60 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ...................................................... 61 GENERAL CONDITIONS ................................................................................. 63 1. Project Manual ........................................................................................ 63 2. Intention of City ....................................................................................... 63 3. Preliminary Matters ................................................................................ 63 4. Performance Bond and Payment Bond .............................................. 65 5. Qualification of Surety ........................................................................... 66 6. Indemnification ........................................................................................ 68 7. Insurance Requirements ....................................................................... 68 8. Labor and Materials ............................................................................... 71 9. Royalties and Patents ............................................................................ 72 10. Weather .................................................................................................... 72 11. Permits, Licenses and Impact Fees .................................................... 72 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 3 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes ........................................................................... 73 13. Inspection of Work ................................................................................. 74 14. Superintendence and Supervision ....................................................... 74 15. City's Right to Terminate Contract ....................................................... 76 16. Contractor's Right to Stop Work or Terminate Contract ................................................................................ 77 17. Assignment .............................................................................................. 77 18. Rights of Various Interests .................................................................... 78 19. Differing Site Conditions ........................................................................ 78 20. Plans and Working Drawings ............................................................... 79 21. Contractor to Check Plans, Specifications, and Data ....................................................................... 79 22. Contractor's Responsibility for Damages and Accidents ....................................................................... 79 23. Warranty .................................................................................................. 79 24. Supplementary Drawings ...................................................................... 80 25. Defective Work ....................................................................................... 80 26. Taxes ........................................................................................................ 81 27. Subcontracts ........................................................................................... 81 28. Separate Contracts ................................................................................ 81 29. Use of Completed Portions ................................................................... 82 30. Lands for Work ....................................................................................... 83 31. Legal Restrictions and Traffic Provisions ........................................... 83 32. Location and Damage to Existing Facilities, Equipment or Utilities ........................................................... 84 33. Value Engineering .................................................................................. 85 34. Continuing the Work .............................................................................. 85 35. Changes in the Work or Terms of Contract Documents .......................................................................... 85 36. Field Orders and Supplemental Instructions ...................................... 86 37. Change Orders ....................................................................................... 86 38. Value of Change Order Work ............................................................... 87 39. Notification and Claim for Change of Contract Time or Contract Price .......................................................... 92 40. No Damages for Delay .......................................................................... 92 41. Excusable Delay; Compensable; Non-Compensable ................................................................................. 93 42. Substantial Completion ......................................................................... 94 43. No Interest ............................................................................................... 94 44. Shop Drawings ....................................................................................... 95 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 4 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000. 07000 TABLE OF CONTENTS (Continued) 45. Assignment .............................................................................................. 96 46. Safety and Protection ............................................................................ 97 47. Final Bill of Materials .............................................................................. 98 48. Payment by City for Tests ..................................................................... 98 49. Project Sign ............................................................................................. 98 50. Hurricane Precautions ........................................................................... 98 51. Cleaning Up; City's Right to Clean Up ................................................ 99 52. Removal of Equipment .......................................................................... 99 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act ..................................................... 99 54. Project Records .................................................................................... 100 SUPPLEMENTARY EXHIBITS/SPECIFICATIONS ................................... 101 ADDITIONAL ARTICLES ................................................................................ 103 1. Prevailing Wage Rate Ordinance ...................................................... 103 2. Federal Grant Projects ........................................................................ 103 WAGE RATES .............................................................................. 104 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................ 108 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ..................................................................................... 109 CERTIFICATE OF SUBSTANTIAL COMPLETION .................................... 110 FINAL CERTIFICATE OF PAYMENT ........................................................... 112 FORM OF FINAL RECEIPT ........................................................................... 113 DRAWINGS INDEX ......................................................................................... 115 ADDENDA AND MODIFICATIONS ............................................................... 124 TECHNICAL SPECIFICATIONS ................................................................... 125 BID PROPOSAL FORM .................................................................................. 129 DIVISIONAL PRICES ............................................................................ 131 ACKNOWLEDGEMENT OF ADDENDA ...................................................... 133 CUSTOMER REFERENCE LISTING ........................................................... 134 SUB-CONTRACTOR LISTING INFORMATION ......................................... 139 ORDINANCES; LOBBYISTS, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD, LOBBYIST FEE DISCLOSURE .................................................................... 140 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 5 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 ht_~ :\\miamibeachfl.~ov PROCUREMENT DIVISION INVITATION TO BID NO. 10-03/04 NOTICE TO CONTRACTORS Telephone (305) 673-7490 Facsimile (305) 673-7851 Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 30th day of January, 2004 for: ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS Scope of Work: Work to be performed under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for fulfillment of the contract in strict accordance with the Contract Documents. The Scope of the work is to provide all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: 1. Renovation of 24 restrooms broken down as follows: - 8 women & 8 men public restrooms - 1 women & 1 men employee restrooms - 6 Dressing Room restrooms The restrooms will be reconfigured, re-plumbed as required and be prodded with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Removal of existing doors as noted on plan & Replacement of doors, frames & door Hardware, with improved ADA-compliant hardware. 3. Replacements of Handicap lift with New Motorized ADA lift. 4. Demolition of existing Exterior Ramp and creation of a New exterior ADA Ramp with railings and associated structural work. See attached Soil Report from Wingerter Lab. 5. Lower the ticket window of the box offices to be ADA- compliant. 6. Dressing Rooms & Dressing room bathroom improvements. 7. Renovation of Main Lobby Galleries, and entranceways including wall coverings, ceilings, and lighting. 8. New and renovated bars: - 5 New Bars - First Floor - 3 Renovated bars - First Floor - 4 New Bars - Second Floor BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 6 - 2 New Bars - Third Floor 9. New Concierge Desk. 10. New Merchandise Counter. 11. Founders room renovations including: a. New storefront doors. b. New NC package unit & associated roofing. c. Renovated Bar. d. New Ceilings. 12. Box Office renovations including: a. New media desk. b. New Brochure Rack c. New posters displays. d. Wall & Ceiling treatments. e. New Interior Storefront doom. 13. Replace existing with new hand Railings at Lobby & Gallery ramps. 14. New decorative lobby Curtains. 15. Electrical & lighting improvements. 16. New Plumbing to provide hot water to certain Bar & Bathroom locations. 17. Patrons Lounge remodeling. 18. New NC units & ductwork & associated roofing for the Patrons Lounge & Founders room. 19. Replacement of existing restrooms rooftop exhaust fans and associated electrical & roofing work. 20. Initial testing of e~sting exhaust fans and test & balance upon completion of work. All testing to be by a certified & approved Test & Balance company. The work above includes but is not limited to Demolition, Concrete work, Concrete patching, Masonry, Stucco Steel Doors & Frames, Access Doors, Plumbing, Waterless Urinals Toilet fixtures, Bathroom Accessories, European Toilet compartments, Terrazzo Tile, Granite, carpet, Paint, Mirror, Marble work, Gypsum wall board, Metal work, Metal stud framing, Metal ceiling, Acoustical ceiling tile, Decorative Wall Finishes: Duroplex - textured acrylic coating, Metallic Paint, Heating, Ventilation & Air conditioning Ductwork replacement and rerouting, Fire Sprinkler Systems, Electrical Systems, Lighting, Life Safety & Fire Alarm features, Exhaust Fans, Roofing. Estimated Budget: $1,800,000.00 Minimum Requirements: Prospective Bidders (General Contractor/Sub-Contractors) must have 5 years minimum experience renovating restrooms and interiors requiring high-quality specialty finishes such as duroplex, metallic paint, pre-cast columns and ceilings, casework and cabinetry & terrazzo tile. Prospective Bidder (General Contractor/Sub-Contractors) to provide a minimum of (4) completed projects of $500,000 or more comprising of the high quality specialty finishes aforementioned. 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 NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 7 Bid Guaranty: A 5% Bid Guaranty is required, however the successful Bidder executing the Contract will be required to provide the Performance and Payment Bonds in the amount of one-hundred percent (100%) of the contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. 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 OFA BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid/Site Visit Conference will be held at 11:00 a.m. on January 13, 2004 at the City of Miami Beach Jackie Gleason Theater of the Performing Arts, Main Lobby, located at 1700 Washington Avenue, Miami Beach, FL 33139. Additionally, a second site visit has been scheduled for January 15, 2004 at 11:00 a.m. at the same place as above. Attendance at the Pro-bid Conference is highly encouraged and recommended as a source of information but 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 system 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:llwww.govbids.comlscriptslsouthfloridalpubliclhomel.asp. If you do not 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 11 of the Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested plans and specifications. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writinR by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 8 All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 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. CITY OF MIAMI BEACH t. Gus Lopez, CPPO Procurement Director BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 9 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov PROCUREMENT DMSION Telephone (305) 673-7490 Facsimile (305) 673-7851 Bid No. 10-03/04 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS 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 being removed from our vendors list. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 10 C.O.D Order T-SQUARE FAX 305-;~24-8040 PHONE 306-3241234 EX. 320 CITY OF MIAMI BEACH BID # 10-03/04 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS Authorized by: Roman Martinez Plans - 24x36 Fax: 305.324.8040 Technical Specifications - 8.5 x 11 Price per SQ.FT $ .12cnts full size/ half size $1.00 per first copy &.45 second copy (MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER) COMPANY NAME: ORDER BY: Bill to: ....................................... COD T-~quare Acer# Credit Card # In the name of: Ship TO: Phone: Received by: Received by: Next day air __ Three day select Fax: shipped by: UPS # _shipped by: UPS # Next day air saver Ground __ Handling charge $ *Any other copies or reproductions are additional to this price Total Visa:_ Amex: Master: Other: Authorization signature City. State Contact name 613204 Cash: ...... Ex. date Second day air AM __ zip code Title FEDEX # FEDEX # Second air 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 11 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. Genera~ The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: Work to be performed under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for fulfillment of the contract in strict accordance with the Contract Documents. The Scope of the work is to provide all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide but not limited to the following: 1. Renovation of 24 restrooms broken down as follows: - 8 women & 8 men public restrooms - 1 women & 1 men employee restrooms - 6 Dressing Room restrooms The restrooms will be reconfigured, re-plumbed as required and be provided with new fixtures and new finishes resulting in improved ADA compliant toilet facilities. 2. Removal of existing doors as noted on plan & Replacement of doors, frames & door Hardware, with improved ADA-compliant hardware. 3. Replacements of Handicap lift with New Motorized ADA lift. 4. Demolition of existing Exterior Ramp and creation of a New exterior ADA Ramp with railings and associated structural work. See attached Soil Report from Wingerter Lab. 5. Lower the ticket window of the box offices to be ADA- compliant. 6. Dressing Rooms & Dressing room bathroom improvements. 7. Renovation of Main Lobby Galleries, and entranceways including wall coverings, ceilings, and lighting. 8. New and renovated bars: - 5 New Bars - First Floor - 3 Renovated bars- First Floor - 4 New Bars - Second Floor - 2 New Bars - Third Floor 9. New Concierge Desk. 10. New Merchandise Counter. 11. Founders room renovations including: a. New storefront doors. b. New NC package unit & associated roofing. c. Renovated Bar. d. New Ceilings. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 12 12. Box Office renovations including: a. New media desk. b. New Brochure Rack c. New posters displays. d. Wall & Ceiling treatments. e. New Interior Storefront doore. 13. Replace existing with new hand Railings at Lobby & Gallery ramps. 14. New decorative lobby Curtains. 15. Electrical & lighting improvements. 16. New Plumbing to provide hot water to certain Bar & Bathroom locations. 17. Patrons Lounge remodeling. 18.New NC units & ductwork & associated roofing for the Patrons Lounge & Founders room. 19.Replacement of existing restrooms rooftop exhaust fans and associated electrical & roofing work. 20.Initial testing of existing exhaust fans and test & balance upon completion of work. All testing to be by a ce~ifled & approved Test & Balance company. The work above includes but is not limited to Demolition, Concrete work, Concrete patching, Masonry, Stucco Steel Doors & Frames, Access Doors, Plumbing, Waterless Urinals Toilet fixtures, Bathroom Accessories, European Toilet compartments, Terrazzo Tile, Granite, carpet, Paint, Mirror, Marble work, Gypsum wall board, Metal work, Metal stud framing, Metal ceiling, Acoustical ceiling tile, Decorative Wall Finishes: Duroplex - textured acrylic coating, Metallic Paint, Heating, Ventilation & Air conditioning Ductwork replacement and rerouting, Fire Sprinkler Systems, Electrical Systems, Lighting, Life Safety & Fire Alarm features, Exhaust Fans, Roofing. Location of Work: 1700 Washington Avenue-Miami Beach, Florida - 33139. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 13 00200. DEFINITIONS: Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Bidder: Any individual, firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.2. Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work of Watermain and Hangers. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. 1,5. City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1,6, Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. 1.7. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8. Contract Documents Clarification: (Not Applicable) 1,9. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. 1.10. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 14 1.11. 1.12. 1.13. 1.14. 1.15. 1.16. 1.17. 1.18. 1.19. Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. Contract Price: The odginal amount established in the bid submittal and award by the City, as may be amended by Change Order. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 15 1.20. 1.21. 1.22. 1.2:3. 1.24. 1.25. 1.26. .27. 1.28. Program Manager: URS Corporation - Southern 7650 Corporate Center Dr. Suite 401~ Miami~ FL 33126-1220 Project: The construction project described in the Contract Documents, including the Work described therein. Project Initiation Date: The date upon which the Contract Time commences. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. Substantial Completion: The date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 16 00300. INSTRUCTIONS TO BIDDERS: Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1,5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 17 Submittin.q Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BiD FOR: ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS BID/CONTRACT NO.: 10-03/04 Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. Bid 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 bid amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required one-hundred percent (100%) Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A 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, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for e~ecution 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. A Bid Guaranty is not required, however the successful Bidder executing the Contract will be required to provide the Performance Bond and Payment Bond in the amount of one-hundred percent (100%)of the contract amount, and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 18 Acceptance or Reiection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 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: ac The ability, capacity and skill of the bidder to perform the Contract. Whether the bidder can perform the Contract within the time specified, without delay or interference. The character, integrity, reputation, judgement, experience and efficiency of the bidder. The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. Evaluatior~ An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postponement of Date for Presenting and Opening of Bids: The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 19 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manua I. 13. Prevailing Wa.qe Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 20 15. 16. 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential h~alth risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. Environmental Requlations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed bythe words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 21 17. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No, 2002-3344 shall be barred. 18. Financial Stability and Stren,qth: 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 al 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 22 00400. BIDrrENDER FORM: Submitted: {~"E'J~_ I~., ~ Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undemigned, 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 freud. The Bidder further declares that it has examined the site Of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto fumished 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 submiff, ed voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or tails 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 ara 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: 10-03104 CITY OF MIAMI BEACH DATE: 12119/03 23 "' Acknowledgment is hereby made of the following addenda (identif'~J by number) received since issuance of the Project Manual: Attached is a Bid Bond ~, Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of ,~ °/~o Dollars ! ($_ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: ~ I/~l'¥J ~11(~?L~ ~t~% .'-~(3P--~(5'~ ~."'-Jr'P · City/State/Zip: '-~O,_.,~ t,~-., I."'~.d"3 Jr~ ~}'~ Telephone No.: ~'"'~- qq' c{ G q Lo Social Security No. or Federal I.D.No.: ~z:~ ~ Dun and Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: BID NO: 10-03104 CITY OF MIAMI BEACH DATE: 12/I 9/03 24 (Sign below if not incorporated) WITNESSES: (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) (Sign below if incorporated) ATTEST: Secretary (Type or Print Name ~f CorporatiOn) (CORPORATE SEAL) (Type or Print Name Signed Above) Incorporated under the laws of the State of: ~"~?~ ~ ~, BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19103 25 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 mit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: "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. Parmlls for dumpsters, Job trailers} ara not waived" "Licenses, permit and fees which may be required by Mlami-Dade County, the State of Florida, or other governmental entitles are not Included in the above list" Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the contractor is a State of Florida Certified Contractor the following will be required: t) Copy of State Contractors Certification 2) Place of Buslnass Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dads County Licensed Contractor: 1) Dads 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: pi ;=~,SE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO: 10-03/04 CITY OF MIAMI BI~ACH DATE: 12/19/03 26 00407. SCHEDULE OF PRICES BID: Consideration for Indemnification of CITY ~25.00 Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 38, Section 00540, to be considered responsive.] BID NO: 1005/04 CITY OF MIAMI BEACH DATE: 12/19/05 27 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of issue Issuing Bank's No. Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Applicant: Amount: Expiring: (Date) Bid/Contract Number in United States Funds We hereby authorize you to draw on at of (branch address) (Bank, Issuer name) by order of and for the account (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in 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: 10-03/04 DATE: 12/19/03 CITY OF MIAMI BEACH 28 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 deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, an~l 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 Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 29 00500. SUPPLEMENT TO BID/TENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth, and accuracy of all statements and the answers contained herein.. , ~ 1. How many years has your organization been in business while possessing one of the licenses, certifications, or reg,istrations specified in Section 00405? LicenselCertiflcation~Reg._~tratlon# # Years lA. What business are you in? What is the last project of this nature that you have completed? I Have you ever failed to complete any work awarded to you?. If so, where and 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. ~,,,,~ (,,.~ ~ BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 13/19/03 30 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: (name) (address) ,~ (phone ~) (name) (address) (phone #) (name) : '(address) (phone 5. List the following information conceming all contracts in progress as of the date of submission of this bid. (In case Of co-venture, list the information for all co-venturers.) TO~AL ' DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE ~. VALUE PER CONTRACT TO DATE (Continue list on insert shear, if necossa~j · 6. Has a representative of the Bidder completely inspected the prolx~Sed project and does the Bidder have a completa plan for its performanco? Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be by each such subcontractor(s). Include the name of the ~bcontractor(s) and the approximate percentage of work. CITY OF MIAMI BEACH BID NO: 10-03104 DATE: 12119103 31 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator. whose approval shall not be unreasonably withheld. What equipment do you own that is available for the work? What equipment will you purchasg for the proposed work? 10. What equipment will you rent for the proposed work? eSg'C- c,e. --1-va, I,, ,,-' 11. BID NO: 10-03104 k.~ITY OF MIAMI BEACH DATE: 12119103 32 State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. 12. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name ofthe Bidder is ~{ III~L~ ~-'~l[,nF_, ~ _~.~7. (~£~. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corpo___rafl. on). I 12.3 12.4 The address of principal place of business is The names of the corporate officers, or partners, or individuals doing business under a trade name, ara as follows: 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12119/03 33 12.6. List and describe all bank~'uptcy 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 peri§on. 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. BID NO: 10-03/04 DATE: 12/19/05 CITY OF MIAMI BEACH 34 12.9. List and describe all criminal proceedings or hearings conceming business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. 12.10. Has the Bidder, its principals, officers or predecessor'organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. 12.11. Under what conditions does the Bidder request Change Orders. 12.12 You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "conlrolling 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 natu.ral person. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/0;3 .35 12.13 Individuals or entities (including our .~'Consultants) with a controlling financial interest: have V' 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 By: General Partner Print Name of Firm Address Print Name sy. Si~nat~e Print Name Address By: ~~r PreSiden~''- C_~~ '~. IF CORPORATION: Print Name Of ~por~ti~'~ (CORPORATE SEAL) Attest: ~ Secretary BID NO: 10-03/04 CiTY OF MIAMI BEACH DATE: 12119103 36 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this_[~day of ~-~ ~,~ ~ .2004. (\ The undersigned, as Bidder. declares that the o~o~nly 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: B~ SIGNA'T~i~E ~ .i C PRINTED NAME TITLE (IF CORPORATION) BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12119/03 37 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE VVORKPLACE 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) (2) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the olferor's workplace, and specifying the actions that will be. taken against employees for violations of such prohibition; Establishing a continuing drug-free awareness program to inform its employees about: (3) (4) (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation,, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 38 (6) (7) 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 STATE OF F i~Ll~-~ ~ Making a good faith effort to maintain a drug-free workplace p[ogram through implementation of subparagraphs(I) through (6). ' . (Bidder Signature) (Print Vendor ~.~me) COUNTY OF ~'~1 The foregoing instrument was acknowledged before me this c'~O~'' d_a.y pf _ ' (name of co. ration/company) k~g.~/.L~ to me to be the person described herein, or who produced as identification, and who did/died no[take an oath. NOTARY PUBLIC: ~/{Sign~l~re) ~)' (Print'Name)[ My commission expires: BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12119/03 39 00540. SUPPLEMENT TO BIDfTENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors· The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. · BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identitied the costs and r~ethods summarized below: C [~antity Unit Description Unit ~rice Price Extended Method Total $ BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 40 IN ORDER TO BE' CONSIDERED RESPONSIVE~ THE BIDDER MUST COMPLETE* THIS FORMr SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. Name Author'i~ed Slghe~m of Bidder *COMPLETION REC~UIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE . HEADINGS~ i.e. DESCRIPTIONr UNIT, (~UAN i !l',Y PRICEr UNIT PRICEr EXTENDED. AND METHOD. BID NO: 10-03104 CITY OF MIAMI BEACH DATE: 12/19/03 41 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: 10-03/04 CITY OF MIAMI BI~ACH DATE: 12/19/03 42 ' 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. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 43 2.2 2.3 2.4 2.5 2.6 Time is of the essence throughout this Contract. This project shall be substantially completed within one-hundred-fifty (150) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of One-Thousand Dollars ($1000.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of One- Thousand Dollars ($1000.00) 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 cbtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. SAVINGS - City and Contractor recognize that both parties will benefit financially should the Project be completed prior to the contract time specified in Paragraph 2.2 of the Contract (Agreement). Accordingly, for each calendar day that the contract work is accepted by the City prior to the contract time specified for BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 44 Substantial Completion in Paragraph 2.2 of the Contract (90 calendar days) the Contractor shall receive as liquidated savings for early completion, the amount of One-Thousand Dollars ($1,000) per day. The total liquidated savings payment shall not exceed $10,000. Such payment will be made after final acceptance in accordance with Section Article 5. The liquidated savings payment amount represents a reasonable estimate of the City's savings for inspection, engineering services and administrative costs realized from early completion. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 45 ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X ] This is a Lump Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 46 4.2 4.3 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. Ten pement (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 he 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. CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. BID NO: 10-03/04 DATE: 12/19/03 CITY OF MIAMI BEACH 47 5.1 5.2 5.3 5.4 6.1 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsetlled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 10-03/04 DATE: 12/19/03 CITY OF MIAMI BEACH 48 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries 6.6 Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 49 The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Miami Skyline Construction Corp. 705 NE 130m Street North Miami, Florida 33161 Attn: Claudio S. Rodriquez 6.7 Assignment 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 50 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 Agreements 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 51 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 'par~ ~,hav~ set their hands and seals the day and year first above written, t / /,/~ / /,~1 /~ ATTEST: ,, .~~MIAMI BEACH . CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] (Corporate Seal) CONTRACTOR (Name off~orporation) By: ---~8~ --~- ) .... ..... (Print Name and Title) {-"r'~t~o-T ~g~' day of __~Jl_~_g.C_..~ .... 20~_. ~!f noti-~_COrporated sign below.] WITNESSES: CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) APPROVED A,.R TO .... day of ___, 20___ ~~'~R (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. & FOR EXECUTION RID NO:A0-0~/04 CITY OF MIAMI BEACH Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Miami Skyline Construction Corp. 705 NE 130th Street, North Miami, FL 33161 as Principal, hereinafter called the Principal, and Carolina Casualty Insurance Company 2202 N. Westshore Blvd. 0200, Tampa, FL 33607 a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for ADA & Public Interior Design Enhancement Renovations for Miami Beach Jackie Gleason Theater of the Performnnce Arts, Bid No. 10- 03/04 NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligce in accordance with the terms of such bid, and give such bond or bonds ns 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 shall pay to the Obllgce the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obllgee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed February 10, 2004. Witnesses: tion Corp. (Seal) By:Car°l~- asualt~/~-~--- ~Insurance Company Shn~wn A. Burton~--Attoruey-ln-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, hny losses caused by certified acts of terrorism, as defip~d.,¢~ ~,~..w. ould 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 (Md Bond) and to become a part of the bond. c/o Monitor Surety Manager, s, Inc. 383 Main Street, Chath~rnj NJ 07928 POWER 'OF AT~'ORNEY No. 285 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 Ft. 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 hind 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 Attumey-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and fiuther, 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 ~f 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 Md 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 WrFNESS 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 13~'~ day of blaroh 2003 . By: I Z/_~b:f:~ffffff[~'~,,~-~ Betty ~l['~therland- Vice President and Secretary Carolina/C. jasua]ty Insurance Company . /z..--~ b._./~ ~ ~y: r- Amain W. Blumberg President and Chief Executive Officer~.,~ WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) $8 COUNTY OF DUVAL) On this '13~h day of blo. r~h, 2003, before me personally came Betty ~. 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.instrnment; and that:l~/she knows the seal of said Corporation; that the sea] affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that}l]eJshe signed his/her name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the day and year herein first abgye written. · N L 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; ~hai 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 lOth dayof Febraue_v POO4 . B e~y ~S u~he}lan d,'S'~c~etary 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 53 ACORD,. INSURANCE BINDER TH~ BINDL-R IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS DATE 03/08/2004 SHOWN ON THE REVERSE SIDE OF THIS FORM. E PRODUCER ~O, Extl: (305)822-7800 FAX Collinsworth, Alter, Fowler, Dowling & French P. 0. Box 9315 Miami Lakes, FL 33014-9315 CODE: I SUB CODE: AGENCY 00000"~ = ~ CUSTOM ER ID. ~ a 7 INSURED City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 I COVERAGES COMPANY Amerisure Tnsurance Co DATE I TIME 03/05/2004 12: 01 EXPIRATION DATE ~_~ TIME 03/23/2004 ~2:o~ AM I I HOON THIS BINDER IS ISSUED TO EXTEND COVERAGE THE ABOVE NAMED PER EXPIRING POLICY #: COMPANy DE&C~#, i iON OF OPERATIONBIVEHICLES/PROPERTY (Including Location) )wners Contractors Protective =roject: 3ackie Gleason Theater [901 Convention Center Orive Hami Beach, F1 33139 LIMIT.~ TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS GENERAL LIABILITY ers & Contractors AUTOMOBILE LIABILITY IANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS AUTO PHYSICAL _n~._u..a. GE DEDUCTISLE COLUSION: OTHER THAN COL: GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY RETRO DATE FOR CLAIMS MADE: IALL VEHICLES RETRO DATE FOR CLAIMS MADE: OTHER COVERAGES NAME & ADDRESS General Contractor Miami Skyline Construction Corp. 705 N E 130th Street North Miami, F1 33139 .~MORTGAGEE LOSS PAYEE SCHEDULED VEHICLES EACH OCCURRENCE $ 1,000 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/DP AGG $ COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ MEDICALPAYMENTS $ PERSONALINJURYPROT UNINSURED MOTORIST $ EACH ACCIDENT LOAN # AUTHO~eU REPRESENTATIVE Bill Bodenhamer/GCM ACTUAL CASH VALUE AGGREGATE EACH OCCURRENCE AGGREGATE SELF-INSURED RETENTION JWC STATUTORY LIMIT E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT FEES TAXES ESTIMATED TOTAL PREMIUM ADDITIONAL INSURED 2,000,000 ACORD 75-S (1198) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 199 CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(les) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75-S (1198) ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MAI I1:1~ OF INFORMATION Col 1 i nsworth, A1 ter, Fowl er, Oowl i ng & 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 POLICIES BELOW. Miami Lakes, FL 33014-9315 Sher~ y Mi randa INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Amerisure Mutual Tns Co Miami Skyline Construction Corp. ~NSURERS: Amerisure Tnsurance Co 09088 705 NE 130 Street INSURERC: North Miami, FL 33161 ~NSURERD: INSURER E: ~;UV~I~.~I=~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER~OD INDICATED NOTWITHSTANDtN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR e~DD'L TYPE OF INSURANCE POLICY NUMBER DATE IMM/DD/YYI DATE IMMIDD/YYI LTR NSRD GENERALLIABIUTY GL2008538000000 03/23/2003 03/23/2004 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 50,000 I CLAIMS MADE [~ OCCUR MED EXP {Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/DP AGG $ 2 ~ 000 ~ 000 I POLICY ~] JECT ~LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (La accident) (Per person) SCHEDULED^UTOS 0RIGi!')AL / (Per accidenl) ,- (Per accident) GARAGE LIABILITY /,'~//!/ I' ~,~, AUTO ONLY' EA ACCIDENT $ I :: ANY AUTO : ' : ' ~ f. ~ ? AuToOTHERoNLy:THAN EA AGGACC $$ I OCCUR [~ CLAIMS MADE AGGREGATE $ $ I DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ~/C200853900 03/23/2003 03/23/2004 X I TORY"UITS I lOEWEH' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 100,00(~ B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFiCER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $ 100,00~ If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500 ~ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT ! SPECIAL PROVISIONS le: ADA & Public Tnterior Design Enhancement Renovations for Miami Beach 3ackie Gleason Theater )f the Performing Arts Project No. 10-03-04 :~ty of Miami Beach is named as additional insured on the general liability insurance. CERTIFICATE HOLDER City of Miam~ Beach 1700 Convention Center Drive Miami, FL 33139 ACORD 25 (2001108) (~ANCEL~ ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF~ THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WR/TrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Bill Bodenhamer/S3M ©ACORD CORPORATION 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 conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer 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 issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (200'1108) CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING t0 DAYS PRIOR wRrrrEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POUCY DESCRIBED BELOW. This certifies that: [] STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or [] STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: / Named Insured MIAMI SKYLINE CONSTRUCTION CORPORATION - Address of Named Insured 705 NE 130TH STREET NORTH MIAMI, FL 33161-7526 POLICY NUMBER 035-1109-D05-59 1626482-E15-59 EFFECTIVE DATE OF 10-05-03 TO 4-5-04 f1-15-03--5-15-04 POLICY 2002 FORD F150 PICKUP 2003 DODGE RAM 1500 DESCRIPTION OF VIN: 1FTRF17202NB28408 tDTHU18N53S125880 VEHICLE LIABILITY COVERAGE [~]YES r-lNO [~YES r-INO ['"~YE S [-']NO ~-"J YE S [-]NO LIMITS OF LIABILITY a. Bodily Injury Each Person a. Bodily Injury Each Accident b. Property Damage c. Bodily Injury & Property Damage $t,000,000.00 $1,000,000.00 Single Limit Each Accident PHYSICAL DAMAGE []YES [-']NO []YES ['"]NO r-lYES [--INO I-lYES ['-INO COVERAGES ~;500.00 Deductible ~;500.00 Deductible __ Deductible __ Deductible a. Comprehensive ~;;~YES [--INO []YES r"lNO r-]YES ['-1NO I--lYES [-1NO b. Collision ~;500.00 Deductible ~;500.00 Deductible __ Deductible __ Deductible EMPLOYER'S NON-OWNERSHIP [-lYES E~NO [--]YES [--~NO I-lYES [--INO I--lYES r-]NO COVERAGE HIRED CAR COVERAGE .E~]~ YES ./ r'-INO F-lYES F'INO r-]YES r-lNO I--lYES [--INO Signature of Authorized Representative Name and Address of Certificate Holder [ 11 I ADDITIONAL INSD CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 I I I AGENT 2220 10/20/03 Title Agent's Code Number Date Name and Address of Agent STEVEN N ENFIELD, STATE FARM INS. 8040 PETERS ROAD STE. H-108 PLANTATION, FLORIDA 33324 PHONE (954) 370-2345 DADE (305) 945-2345 Check if a permanent Certificate of Insurance for liability coverage is needed: [] Check if the Certificate Holder should be added as an Additional Insured: [] Remarks: ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS. 158-4430.2 Rev. 9-94 Printed in U.S.A. The Inland Marine Declarations and INLAND MARINE DECLARATIONS Endorsement, if any, issued to form a part thereof, completes the Commercial Insurance Policy numbered as follows: BR 48667746 [] New Policy [] Renewal of [] Rewrite of In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. THIS IS A COINSURANCE CONTRACT. Please read your polic~. , - 1. Named Insured and Mailing Address: Miami Skyline Construction Corporation 705 NE 130th Street North Miami, FL 33161 3, Policy Period - From Effective Date Of.' 03 / 05 / 2004 to (check one): [] Continuous Reporting [] One Year From Effective Date 12:01 a.m. Standard Time at your mailing address above. ZURICH ASSURANCE COMPANY OF AMERICA NEW YORK, NEW YORK 10038 A Stock Company 2. Producer Information (complete A-E) A) Name: Collinsworth,alter, Nielson, Fowler & Dowling, I nc 5979 NW 151 St Miami Lakes, FL 33141 B) Telephone #: 3058227800 C) Fax #: 3058218212 D) Zurich Producer #: 19076033 E) Field Office Name: SOUTHEAST FLORIDA F) Field Office Code: SD 4. Form of Business: [] Individual [] Partnership [] Corporation [] Joint Venture [] Other 5. Limits of Insurance {select either One-Shot or Reportin Form option below) [] Reporting Form (continuous policy) [] Annual Rate [] Monthly Rate (HBIS-4) [] Including Existing Building or Structure (HB15-37) [] One-Shot (non-reporting form/single structure policy) HBIS-1 [] 1-12 Family Dwelling [] Commemial Structure [] Including Existing Building or Structure (HBIS-37) Property Location 1901 Convention Center Drive A) Any one structure* $ 500,000 B) Property temporarily at any other premises $ 10,000 C) Property in transit $ 25,000 D) All covered property at all locations $ 5,000,000 E) Development/Subdivision Fences/Walls or Signs F) Rate G) Premium H) Tax (applicable in KY only) I) Total Fully Earned Policy Premium * Subject to underwriting guidelines Per Report Per Report Per Report Per Report Per Report Miami Beach, FL 33139 A) Any one structure $ 1.975.000 B) Property temporarily at any other premises $ 10,000 C) Property in transit $ 25,000 D) All covered property at all locations (same as A unless otherwise noted) $ 1,975,000 E) Development/Subdivision Fences/Wails or Signs $ 0 F) Rate $ 0.293 G) Premium $ 5,787.00 H) Tax (applicable in KY only) $ 0.00 I) Total Fully Earned Policy Premium $ 5,787.00 (minimum premium applicable) 6. Deductible (minimum $500 unless otherwise indicated): [] 7. Forms Applicable To All Coverage Parts: [] 40471 [] 47681 [] CM0001 [] IL0017 [] HBIS-58 [] 9H0003 [] HBIS-35 [] HBIS-37 Builders Risk Coverage Form Comm. Inland Marine Coverage Part Comm. Inland Marine Conditions Common Policy Conditions (IL0146 in WA) Development/Subdivision Walls/Fences/Signs Florida Builders Risk Declarations Windstorm or Hail Exclusion Existing Building(s) or Structure(s) Countersigned: FM 170001 Rev. 07/00 Date $1,000 []$2,500 []$5,000 []Other 2.500 r~ HBIS-42 Florida Fraud Statement [] HBIS-43 Windstorm Percentage Deductible [] HBIS-44 New York Fraud Statement Other Forms: (list other applicable state and/or HBIS forms; all required state forms applicable) HRIR -4R~ ~MCH ~)1. II i317R; II i3?RR. ~Mrll IR. HBI~47: HBIS65. U-GU-630-A By: INSURED COPY MORTGAGEES COPY AGENT COPY BUILDERS RISK PLAN COPY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE BR 48667746 03/05/2004 Assurance Company of America NAMED INSURED AUTHORIZED REPRESENTATIVE Miami Skyline Construction Corporation 19076033 Collinsworth,alter, Nielson, Fowler COVERAGE PARTS AFFECTED CHANGES Additional Insured: City of Miami Beach Additional Insured Address: 1700 Convention Center Drive, Miami Beach, FL 33139 Authorized Representative Signature IL 12 01 11 85 ~ Copyright, Insurance Servi.c~.s~Office, In,c., 19.8~ L, opyrlght, ISO Commercial RiSK ~ervices, inc., 1~83 FLORIDA HOME BUILDERS INSURANCE SERVICES, INC. BUILDERS RISK DECLARATIONS POLICY # BR48667746 PREMIUM FOR THIS COVERAGE FORM $ 5,787.00 LIMITS OF INSURANCE EFFECTIVE DATE 03 / 05 / 2004 LIMITS OF INSURANCE A. ANY ONE STRUCTURE $1,975,000.C B. PROPERTY TEMPORARILY AT ANY OTHER PREMISES $10,000 C. PROPERTY IN TRANSIT $25,000 D. ALL COVERED PROPERTY AT ALL LOCATIONS $1,97§,000.1 DEDUCTIBLE A. MINIMUM DEDUCTIBLE $500 UNLESS OTHERWISE INDICATED $ SPECIAL PROVISIONS - IF ANY: DEDUCTIBLE PROVISION: The following is added to Section D. DEDUCTIBLE: The deductible applies separately to each building, if two or more buildings are covered. 9H0003 Ed. 04-94 (One-Shot) (May Be Reproduced) WINDSTORM PERCENTAGE DEDUCTIBLE This form changes the Builder's Risk Coverage Form, Please read it carefully. Windstorm Deductible Percentage (enter la~ For loss caused by Windstorm SECTION D. DEDUCTIBLE is replaced by the following: The Windstorm Deductible applies to loss to Covered Property caused directly or indirectly by Windstorm, regardless of any other cause or event that contributes concurrently or in any sequence to the loss. If loss from a covered weather condition other than Windstorm occurs, and that loss would not have occurred but for Windstorm, such loss shall be considered to be caused by Windstorm and therefore part of the Windstorm occurrence. With respect to Covered Property, no other deductible applies to Windstorm. The Windstorm Deductible applies whenever there is an occurrence of Windstorm. WINDSTORM DEDUCTIBLE CLAUSE Ao Non Reporting Form In determining the amount, if any, that we will pay for loss, we will deduct an amount equal to 1% or 2% (as shown above) of the Limit(s) of Insurance applicable to the property described in the Declarations that has sustained loss. This Deductible is calculated separately for, and applies separately to each location described in the Declarations, if the location(s) sustain loss. We will not pay for loss to Covered Property until the amount of loss exceeds the applicable Deductible. We will then pay the amount of loss in excess of that Deductible, up to the total estimated completed value of the Limit of Insurance for that Covered Property. Reporting Form 1. In determining the amount, if any, that we will pay for loss, we will deduct an amount equal to 1% or 2% (as shown above) of the total estimated completed value of the location reported to us that has sustained loss. This Deductible is calculated separately for, and applies separately to each location reported to us, if two or more location(s) sustain loss. Page 1 of 2 HBIS-43 Includes copyrighted material of Insurance Services Office, Inc., with its permission Rev 01-2000 Copyright, Insurance Services Office, Inc 1995 We will not pay for loss to Covered Property until the amount of loss exceeds the applicable Deductible. We will then pay the amount of loss in excess of that Deductible, up to the total estimated completed value reported to us for that Covered Property. Page 2 of 2 HBIS-43 Includes copyrighted matedal of Insurance Services Office, Inc,, with its permission Rev 01-2000 Copyright, Insurance Services Office, Inc 1995 FLORIDA NOTICE TO POLICYHOLDERS Section 627.4131 of the Florida Insurance Code requires that we furnish you the following telephone number for you to present inquiries or obtain information about coverage and to provide assistance in resolving complaints. When calling ask for the Builders Risk Plan Supervisor. 1-800-800-3907 HBIS 48 ED 5-97 Commercial Inland Marine Coverage Part Quick Reference READ YOUR POLICY CAREFULLY DECLARATIONS PAGE Names Insured and Mailing Address Policy Period Description of Business and Location Coverages and Limits of Insurance COVERAGE FORM(S) A. COVERAGE 1) Covered Property 2) Property Not Covered 3) Covered Causes of Loss 4) Additional Coverage -- Collapse 5) Coverage Extensions (if applicable) C. LIMITS OF INSURANCE D. DEDUCTIBLE (if applicable) E. ADDITIONAL CONDITIONS F. DEFINITIONS B. EXCLUSIONS Earthquake (if applicable) Governmental Action Nuclear Hazard War and Military Action Water (if applicable) Other Exclusions ENDORSEMENTS (if applicable) COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS A. Abandonment B. Appraisal C. Duties in the Event of Loss D. Insurance Under Two or More Coverages E. Loss Payment F. Other Insurance G. Pair, Sets or Parts H. Privilege to Adjust With Owner I. Recoveries J. Reinstatement of Limit After Loss K. Transfer of Rights of Recovery Against Others to Us GENERAL CONDITIONS A. Concealment, Misrepresentation or Fraud B. Legal Action Against Us C. No Benefit to Bailee D. Policy Period E. Valuation COMMON POMCY CONDITIONS A. Cancellation B. Changes C. Examination of Your Books and Records D. Inspection and Surveys E. Premiums F. Transfer of Your Rights and Duties Under This Policy Copyright, Insurance Services Office, Inc., 1982, 1984 47681 Rev. 9-93 FLORIDA FRAUD STATEMENT ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER, FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. HBIP-42 NON REPORTING ENDORSEMENT This endorsement changes the Builder's Risk Coverage Form. Please read it carefully. E, ADDITIONAL CONDITIONS 3. WHEN COVERAGE BEGINS AND ENDS, paragraph e. is replaced by the following: e. Upon expiration of the policy. E, ADDITIONAL CONDITIONS 4. REPORTING PROVISIONS is replaced by the following: 4. REPORTING PROVISIONS a. The premium charged is fully earned and no refund is due you when coverage ends. b. You will keep accurate construction records regarding property we cover under this policy. This includes the total estimated completed value (labor, overhead and materials and when included profit) of the property and a record of all contracts of sale dealing with the property. E, ADDITIONAL CONDITIONS 8. COINSURANCE is replaced by the following: 8. COINSURANCE If the limit of insurance is less than the total estimated completed value of the property insured, you will bear a portion of any loss. The amount we will pay is determined by the following steps: a. Divide the limit of insurance by the total estimated completed value of the Covered Property; b. Multiply the total amount of the covered loss, before the application of any deductible, by the percentage determined in step "a"; c. Subtract the deductible from the figure determined in "b". E. ADDITIONAL CONDITIONS 9. CANCELLATION Paragraph a. is deleted. All other terms and conditions of this policy remain unchanged. HBIS - 1 Rev. 11-2002 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Decla- rations may cancel this policy by mailing or delivering to us advance written notice of can- cellation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of can- cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to be charged. We do not make safety inspec- tions. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Ara safe or healthful; or 2. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organi- zation which makes insurance inspections, surveys, reports or recommendations. E. PREMIUMS The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premi- ums; and 2. Will be the payee for any return premiums we pay. Page I of 2 IL 00 17 11 85 c.,,~,~,,,,~,~.s~=,o~,.~,c.,,,82,,,8~ TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary cus- tody of your property will have your rights and duties but only with respect to that property. Page 2 of 2 IL O0 17 11 85 co,~,., .... s~...or~.c,~.~., ,~,2. ,9~ COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - WARRANTIES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART Wherever the words "warrants", ''warranties", "warranted" or '`warranty" appear in this Coverage Part, you and we agree that they are representations. CM 01 01 11 85 Copyright, Insurance Services Office, Inc., 1984 G THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - LEGAL ACTION AGAINST US This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART The following replaces the second paragraph of the LEGAL ACTION AGAINST US Condition: LEGAL ACTION AGAINST US Legal action against us involving direct physical loss or damage to property must be brought within 5 years from the date the loss occurs. Copyright, Insucance Services Office, Inc., 1993 IL 01 75 09 93 co~,~9~t, ISO CO ..... iai Risk Services, Inc., 1993 FLORIDA HOME BUILDERS INSURANCE SERVICES, INC. BUILDERS RISK DECLARATIONS POLICY # PREMIUM FOR THIS COVERAGE FORM LIMITS OF INSURANCE EFFECTIVE DATE B. C. D. ANY ONE STRUCTURE PROPERTY TEMPORARILY AT ANY OTHER PREMISES PROPERTY IN TRANSIT ALL COVERED PROPERTY AT ALL LOCATIONS DEDUCTIBLE LIMITS OF INSURANCE $10,000 $25,000 A. MINIMUM DEDUCTIBLE $500 UNLESS OTHERWISE INDICATED $. SPECIAL PROVISIONS - IF ANY: DEDUCTIBLE PROVISION: The following is added to Section D. DEDUCTIBLE: The deductible applies separately to each building, if two or more buildings are covered. 9H0003 Ed. 04-94 (One-Shot) (May Be Reproduced) COMMERCIAL INLAND MARINE CM 00 01 06 95 COMMERCIAL INLAND MARINE CONDITIONS The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: LOSS CONDITIONS A. ABANDONMENT There can be no abandonment of any property to us. Bo APPRAISAL If we and you disagree on the value of the property or the amount of "loss," either may make written demand for an appraisal of the "loss." In the event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree, either may request that selection be made by a judge ora court having jurisdiction. The appraisers will state separately the value of the property and amount of "loss." If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. DUTIES IN THE EVENT OF LOSS You must see that the following are done in the event of "loss" to Covered Property: 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the "loss." Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the "loss" occurred. 4. Take all reasonable steps to protect the Covered Property from further damage and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent "loss" resulting from a cause of loss that is not a Covered Cause of Loss. Also if feasible, set the damaged property aside and in the best possible order for examination. 5. Make no statement that will assume any obligation or admit any liability, for any "loss" for which we may be liable, without our consent 6. Permit us to inspect the property and records proving "loss." 7. If requested, permit us to question you under oath, at such times as may be reasonably required, about any matter relating to this insurance or your claim, including your books and records. In such event, your answers must be signed. 8. Send us a signed, sworn statement of"loss" containing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Promptly send us any legal papers or notices received conceming the "loss." 10. Cooperate with us in the investigation or settlement of the claim. D. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy's coverages apply to the same "loss," we will not pay more than the actual amount of the "loss." E. LOSS PAYMENT We will pay or make good any "loss" covered under this Coverage Part within 30 days after: 1. We reach agreement with you; 2. The entry of final judgement; or 3. The filing of an appraisal award. We will not be liable for any part ora "loss" that has been paid or made good by others. Fo OTHER INSURANCE If you have other insurance covering the same "loss" as the insurance under this Coverage Part, we will pay only the excess over what you should have received from the other insurance. We will pay the excsss whether you can collect on the other insurance or not. Copyright, Insurance Services Office, Inc., 1994 CM 00 01 06 95 Page 1 of 2 G. PAIR, SETS OR PARTS 1. Pair or Set. In case of"loss" to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the "loss;" or b. Pay the difference between the value of the pair or set before and after the "loss." 2. Parts. In case of"loss" to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. PRIVILEGE TO ADJUST WITH OWNER In the event of "loss" involving property of others in your care, custody or control, we have the right to: 1. Settle the "loss" with the owners of the property. A receipt for payment from the owners of that property will satisfy any claim of yours. 2. Provide a defense for legal proceedings brought against you. Ifprnvided, the expense of this defense will be at our cost and will not reduce the applicable Limit of Insurance under this insurance. RECOVERIES Any recovery or salvage on a "loss" will accrue entirely to our benefit until the sum paid by us has been made up. REINSTATEMENT OF LIMIT AFTER LOSS The Limit of Insurance will not be reduced by the payment of any claim, except for total "loss" of a scheduled item, in which event we will refund the unearned premium on that item. Ko TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this insurance has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after "loss" to impair them. GENERAL CONDITIONS A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud, intentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. Bo LEGAL ACTION AGAINST US No one may bring legal action against us under this Coverage Part unless: 1. There has been full compliance with all the terms of this Coverage Part; and 2. The action is brought within two years after you first have knowledge of the "loss." NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property, will benefit from this insurance. Do POLICY PERIOD We cover "loss" commencing during the policy period shown in the Declarations. VALUATION The value of property will be the least of the following amounts: 1. The actual cash value of that property; 2. The cost of reasonably restoring that property to its condition immediately before "loss;" or 3. The cost of replacing that property with substantially identical property. In the event of"loss," the value of the property will be determined as of the time of "loss." Copyright, Insurance Services Office, Inc., 1994 CM 00 01 06 95 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSlNESSOWNERS POLICY COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART- FARM PROPERTY COVERAGE FORM FARM COVERAGE PART - LIVESTOCK COVERAGE FORM FARM COVERAGE PART- MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. Cancellation For Policies In Effect 90 Days Or Less a. If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, accompanied by the specific reasons for cancellation, at least: (1) 10 days before the effective date of can- cellation if we cancel for nonpayment of premium; or (2) 20 days before the effective date of can- cellation if we cancel for any other rea- son, except we may cancel immediately if there has been: (a) A material misstatement or misrep- resentation; or (b) A failure to comply with underwriting requirements established by the in- surer. b. We may not cancel: (1) On the basis of property insurance claims that are the result of an act of God, unless we can demonstrate, by claims frequency or otherwise, that you have failed to take action reasonably neces- sary as requested by us to prevent recur- rence of damage to the insured property; or Bo (2) On the basis of filing of claims for partial loss caused by sinkhole damage, regard- less of whether this policy has been the subject of a sinkhole claim, or on the ba- sis of the risk associated with the occur- rence of such a claim. However, we may cancel this policy if: (a) The total of such property insurance claim payments for this policy ex- ceeds the current policy limits of cov- erage for property damage; or (b) You have failed to repair the struc- ture in accordance with the engineer- ing recommendations upon which any loss payment or policy proceeds were based. The following is added to the Cancellation Common Policy Condition: 7. Cancellation For Policies In Effect For More Than 90 Days a. If this policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the following reasons: (1) Nonpayment of premium; (2) The policy was obtained by a material misstatement; (3) There has been a failure to comply with underwriting requirements established bythe insurerwithin 90 days of the effec- tive date of coverage; (4) There has been a substantial change in the risk covered by the policy; Page I of 2 IL 02 55 03 98 cop~O,,~,~-, ~i~or~,,~., ~v (5) The cancellation is for all insureds under such policies for a given class of in- sureds; (6) On the basis of property insurances claims that are the result of an act of God, if we can demonstrate, by claim fre- quency orotherwise, that you have failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; or (7) On the basis of filing ofclaims for partial loss caused by sinkhole damage, or on the basis of the risk associated with the occurrence of such a claim, if: (a) The total ofsuch property insurance claim payments for this policy ex- ceeds the current policy limits of cov- erage for property damage; or (b) You have failed to repair the struc- ture in accordance with the engi- neering recommendations upon which any loss payment or policy proceeds were based. b. If we cancel this policy for any of these rea- sons, we will mail or deliver to the first Named Insured written notice of cancellation, accom- panied by the specific reasons for cancella- tion, at least: (1) 10 days before the effective date of can- cellation if cancellation is for nonpayment of premium; or (2) 45 days before the effective date of can- cellation if: (a) Cancellation is for one or more ofthe reasons stated in 7,a.(2) through 7.a.(7) above; and (b) This policy does not cover a residen- rial structure or its contents; or (3) 90 days before the effective date of can- cellation if: (a) Cancellation is for one or more ofthe reasons stated in 7.a.(2) through 7.a.(7) above; and (b) This policy covers a residential struc- ture or its contents. The following is added: NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured written no- tice of nonrenewal, accompanied by the specific reason for nonrenewal, at least: a. 90 days prior to the expiration of the policy if this policy covers a residential structure or its contents; or b. 45 days prior to the expiration of the policy for all other policies. Any notice of nonrenewal will be mailed or deliv- ered to the first Named Insured's last mailing address known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. We may not refuse to renew this policy: a. On the basis of propertyinsurance claims that a re the result of an act of God, unless we can demonstrate, by claims frequency or otherwise, that you have failed to take action reasonably necessary as requested by us to prevent recurrence of damage to the insured property; or b. On the basis of filing of claims for partial loss caused by sinkhole damage, regardless of whether this policy has been the subject of a sinkhole claim, or on the basis of the risk associated with the occurrence of such a claim. However, we may refuse to renew this policy if: (1) The total of such property insurance claim payments for this policy exceeds the current policy limits of coverage for property damage; or (2) You have failed to repair the structure in accordance with the engineering recom- mendations upon which any loss pay- ment or policy proceeds were based. Page 2 of 2 IL 02 55 03 98 Copyright. I ...... ce Services Office. Inc.. 1997 WINDSTORM OR HAIL EXCLUSION THIS ENDORSEMENT CHANGES THE BUILDER'S RISK COVERAGE FORM. PLEASE READ IT CAREFULLY. SECTION A COVERAGE, paragraph 4, ADDITIONAL COVERAGE, a. (1) is replaced by the following: (1) Fire; lightning; explosion; smoke; aircraft; vehicles; riot; civil commotion; vandalism; breakage of glass; falling objects; weight of snow, ice or sleet; water damage; but only if the causes of loss otherwise are covered in this Coverage Form; SECTION B. EXCLUSIONS, paragraph 3 is amended to add the following: e. Windstorm or Hail HBIS 35 Rev. 11-2002 COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES - LOSS PAYMENT This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART Commercial Inland Marine Loss Condition E. Loss Payment is replaced by the following: We will pay or make good any "loss" covered under this Coverage Part: 1. Within 20 days after we reach written agreement with you; or 2. Within 30 days after: a. The entry of final judgement; or b. The filing of an appraisal award. We will not be liable for a "loss" that has been paid or made good by others. The above condition does not apply to the Mail Coverage Form. CM 01 16 04 89 Copyright, Insurance Services Office, Inc., 1988 O FLORIDA AMENDATORY ENDORSEMENT THIS ENDORSEMENT CHANGES THE INLAND MARINE DECLARATIONS PAGE. PLEASE READ IT CAREFULLY. SECTION 5. LIMITS OF INSURANCE, Reporting Form and One-Shot, item I) is amended to read Total Policy Premium. HBIS - 47 Ed. 12/2001 FLORIDA AMENDATORY ENDORSEMENT THIS ENDORSEMENT CHANGES THE INLAND MARINE DECLARATIONS PAGE. PLEASE READ IT CAREFULLY. THIS IS A COINSURANCE CONTRACT: The rate charged in this policy is based upon the use of the coinsurance clause attached to this policy, with the consent of the insured. HBIS - 65 Ed. 12/2001 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR POLICY We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this policy is $ waived This amount is reflected in the total premium for this policy. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after an insur- ance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance compa- nies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance in- dustry or United States government participation in terrorism losses that exceed $100 billion in any one calen- dar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or for- eign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your policy or affect your rights under the policy. U-GU-6:10-A (11/02) BUILDER'S RISK COVERAGE FORM This form is subject to the information in the Declarations and the Policy Conditions, Schedules and Endorsements. Throughout this policy, the words you and your refer to the Named Insured shown in the Declarations. The words we, us and our refer to the Company providing this insurance. Words and phrases that appear in italics have special meaning. Refer to Section F. DEFINITIONS. A. COVERAGE We will pay for direct physical loss to Covered Property from any Covered Cause of Loss described in this Coverage Form. 1. COVERED PROPERTY, as used in the Coverage form means: a. Property which has been installed, or is to be installed in any commercial structure and/or any single family dwelling, private garage, or other structures that will be used to service the single family dwelling at the location which you have reported to us. This includes: (1) Your property; (2) Property of others for which you are legally responsible; (3) Paving, curbing, fences and outdoor fixtures; (4) Trees, shrubs, plants and lawns installed by you or on your behalf; (5) Completed single family dwelling(s) which is being used as a Model Home when reported to us as such on monthly reports with an amount shown; and (6) Foundations of buildings and foundations of structures in the course of construction. 2. PROPERTY NOT COVERED Covered Property does not include: a. Existing building or structure to which an addition, alteration, improvement, or repair is being made, unless specifically endorsed; b. Plans, blueprints, designs or specifications, except as provided in Additional Coverage section of this Coverage Form; 40471 Includes copy~igh{ed material of Insurance Services Office, inc., with its permission Rev. 11-2002 Copyrighl, lns~.~'anceServicesOffir, e, lnc19.95 Page ] of 18 Land and water; Existing Inventory, unless specifically endorsed; Contractors tools and equipment. 3 COVERED CAUSE OFLOSS Covered Cause of Loss means risk of direct physical loss to Covered Property, except those causes of loss listed in the Exclusions. 4. ADDITIONALCOVERAGE a. Collapse We will pay for direct physical loss to Covered Property, caused by collapse of all or part of a building or structure insured under this Coverage Form, if the collapse is caused by one of more of the following: Fire; lightning; windstorm; hail; explosion; smoke; aircraft; vehicles; riots; civil commotion; vandalism; breakage of glass; falling objects; weight of snow, ice or sleet; water damage; but only if the causes of loss are otherwise covered in this coverage Form; (2) Hidden decay; (3) Hidden insect or vermin damage; (4) Weight of people or personal property; (5) Weight of rain that collects on a roof; (6) Use of defective materials or methods in construction, remodeling or renovation if the collapse occurs during the course of the construction, remodeling or renovation. This Additional Coverage does not increase the Limits of Insurance provided in this Coverage Form. Scaffolding, Construction Forms and Temporary Structures We will pay for direct physical loss which is caused by or results from a Covered Cause of Loss, to scaffolding, construction forms and temporary structures (including office and tool trailers), but only while they are at a construction site you have reported to us. The most we will pay for loss to scaffolding, construction forms and temporary structures 40471 Includes c~p~righted material of Insurance Services Office, 1nc., with its permission. Rev. 11-2002 Copyright, Insuramce Services Office, InC 1995 Page 2 of t 8 is $20,000. 40471 Rev. 11-2002 (2) We will also pay for the cost of re-erection of the scaffold if the loss of the scaffolding is caused by or results from a Covered Cause of Loss. However, the most we will pay for the re-erection of scaffolding is $10,000. No deductible applies to this Additional Coverage. Debris Removal We will pay your expenses to remove debris of Covered Property. This debris must result from a loss that we cover under this Coverage Form. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss. If the sum of the loss and debris removal expenses exceeds the limit of insurance applicable to the property, we will pay an additional amount of debris removal expenses you incur in excess of the limit of insurance applicable to the property up to, but not exceeding $20,000. This Additional Coverage does not apply to costs to: (1) Extract pollutants from land or water; or (2) Remove, restore or replace polluted land or water. No deductible applies to this Additional Coverage. Back-up or overflow of Sewers, Drains or Sumps We will pay for loss to Covered Property caused by water that backs up or overflows from a sewer, drain or sump from within the reported location. The most we will pay for loss caused by water that backs up or overflows from a sewer, drain or sump is $5,000. No deductible applies to this Additional Coverage. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $10,000 for your liability for fire department service charges which are: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. Copyright, Insurance Services Office, Inc 1995 Page 3 of ! $ No deductible applies to this Additional Coverage. Valuable Papers and Records We will pay for loss to which is caused by or results from a Covered Cause of Loss that applies to your costs to Valuable Papers and Records meaning inscribed, printed or written documents, records including deeds, drawings, maps, mortgages and includes those which exist on electronic or magnetic media. We will pay the cost of blank materials for reproducing and labor to transcribe or copy when there is a duplicate. We will pay your cost to research, replace or restore the lost information on lost or damaged valuable papers or records for which duplicates do not exist. The most we will pay under this Additional Coverage is $20,000. No deductible applies to this Additional Coverage. Pollutant Clean-up and Removal We will pay your expense to extract pollutants from land or water at locations reported to us if the discharge, dispersal, seepage, migration, release or escape of the pollutants is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for, monitor, or assess the existence, concentration or effects of pollutants. But, we will pay for testing which is performed in the course of extracting the pollutants from land or water. The most we will pay under this Additional Coverage is $15,000 for the sum of all expenses which are incurred as a result of all Covered Causes of Loss during each separate 12 month period from the effective date of the policy. No deductible applies to this Additional Coverage. Ordinance or Law - Direct Damage 1. Coverage for Loss to Undamaged Portion of the Building or Structure (a) If a Covered Cause of Loss occurs to Covered Property at the construction site reported to us, we will pay for loss to the 40471 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Rev. 11-2002 Copyright, Insul'ance Services Office, [nc 1995 Page 4 of ] 8 o undamaged portion of the property as a consequence of enforcement of any ordinance or law that: (2) Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss; Regulates the construction or repair of property, or establishes zoning or land use requirements at the construction site; and (b) (3) Is in force at the time of loss. Coverage for loss to the undamaged portion of the structure is included within the applicable limit of insurance for that location at the construction site. This only applies when the ordinance or law went into effect after the start of the construction of the structure or dwelling. Demolition Cost Coverage (a) If a Covered Cause of Loss occurs to Covered Property at the construction site reported to us, we will pay the cost to demolish and clear the construction site of undamaged parts of the property, caused by enforcement of building, zoning or land use ordinance or law. Increased Cost of Construction Coverage (a) (b) If a Covered Cause of Loss occurs to Covered Property at the construction site reported to us, we will pay for the increased cost necessary to repair or reconstruct the damaged portions of that Covered Property when the increased cost is a consequence of enforcement of building, zoning or land use ordinance or law. If the Covered Property is repaired or rebuilt, it must be intended for the same occupancy as the property prior to the loss, unless otherwise required by zoning or land use ordinance or law. If the ordinance or law requires relocation to another site, we will pay the increased cost of construction at the new site as set forth below in h. 4. The most we will pay for Demolition Cost Coverage and Increased Cost of Construction Coverage is the lesser of the following; (a) the amount of the loss; 40471 Includes copyrighted material of Insurance Sen/ices Office, In¢, with its permission. Rev. 11-2002 Copyright, Insurance Service$ Office, Inc 1995 Page $ of 18 (b) the applicable limit of insurance; or (c) $1,000,000 in any one loss. We will not pay under this Coverage for Loss to the Undamaged Portion of the Building or Structure, Demolition Cost Coverage, or Increased Cost of Construction Coverage for costs associated with the enforcement of any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants. In the event that this policy is endorsed to provide coverage for existing building(s) or structure(s), or the policy covers renovation, remodeling or other work being done on such building(s) or structure(s), this Additional Coverage shall not apply to such building(s) or structure(s). i. Preservation of Property If it is necessary to move Covered Property from the location reported to us or described on the Declarations Page, to preserve it from loss by a Covered Cause of Loss, we will pay for any direct physical loss to that property: While it is being moved or while temporarily stored at another location; and 2 Only if the loss occurs within 30 days after the property is first moved. This Additional Coverage is part of, and not in addition to, the Limit of Insurance applicable to the Covered Property. EXCLUSIONS We will not pay for a loss caused directly or indirectly by any of the following. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Governmental Action Seizure or destruction of property by order of any governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if that fire would be covered under this Coverage Form. b. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. 40471 IncJudes copyrighted material of Insurance Services Office, Inc,, with its permission. Rev. 11-2002 Copyright, Insurance Services Office, Inc 1995 Page 6 of ! 8 40471 Rev. 11-2002 But if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the loss caused by that fire. War and Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action hindering or defending against an actual or expected attack by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by government authority in hindering or defending against any of these. Earth Movement Any earth movement (other than sinkhole collapse), such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting. But if earth movement results in fire or explosion, we will pay for the loss caused by that fire or explosion. (2) Volcanic Action Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or Volcanic Action, we will pay for the loss caused by that fire, building glass breakage or Volcanic Action. Volcanic Action means direct loss resulting from the eruption of a volcano when the loss is caused by: (a) Airborne volcanic blast or airborne shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. All volcanic eruptions that occur within any 168 hour period will constitute a single occurrence. Volcanic Action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss to the described property. This exclusion does not apply to Covered Property while in transit. Water Page 7 of !8 (2) Flood, surface water, waves, tides, tidal waves, overflow of any body of water or their spray, all whether driven by wind or not; The interior of any building or structure caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (a) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (b) The loss is caused by or results from thawing of snow, sleet or ice on the building or structure. (3) Mudslide or mudflow; (4) Water that backs up or overflows from a sewer, drain or sump, except as provided in the Additional Coverages section in this Coverage Form; (5) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; or (c) Doors, windows or other openings. But if water, as described in e.(1) through e.(5) above, results in fire, explosion or sprinkler leakage, we will pay for the loss caused by that fire, explosion or sprinkler leakage. We will not pay for a loss caused by or resulting from any of the following: a. Delay, loss of use, or loss of market. This does not include profit if reported in compliance with the Reporting Provision section of this Coverage Form; b. Dishonest or criminal act by you, any of your partners, employees or leased employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose. This exclusion applies: (1) while acting alone or in collusion with others; or (2) whether or not occurring during the hours of employment. 40471 Includes copyrighted material of Insurance Services Office, Inc., with ils permission. Rev. 11-2002 Copydghl, Insurance Services Office, Inc 1995 Page 8 of ] $ This exclusion does not apply to acts of destruction by your employees or leased employees; but theft by employees or leased employees is not covered. This exclusion does not apply to Covered Property while it is entrusted to others who are carriers for hire. Unexplained or mysterious disappearance except for property in custody of a carrier for hire. Shortage of property found on taking inventory. Penalties for noncompliance with contract conditions. Collapse, except as provided in the Additional Coverage section in this Coverage Form. (2) (3) (4) (5) Wear and tear; Any quality in the property itself that causes it to damage or destroy itself; or that causes gradual deterioration; Insects, vermin, rodents; Corrosion, rust, fungus, mold, mildew, rot; Dampness, changes in or extremes of temperatures, freezing; However, we will cover freezing loss to property in the building reported to us, if you have shut off the water supply and drained the plumbing systems and appliances or made a reasonable effort to maintain heat in the building. (6) Settling, cracking, shrinking, or expansion to any Covered Property. Rain, snow, sleet, sand, dust if Covered Property is in the open. This does not apply to Covered Property in the custody of a carrier for hire. Artificially generated electrical current; mechanical breakdown; rupturing or bursting caused by centrifugal force. We will not pay for a loss caused by or resulting from any of the following. But if loss by a Covered Cause of Loss results, we will pay for the resulting loss caused by that Covered Cause of Loss. Weather conditions which contribute in any way to a cause or event excluded in paragraph 1. above to produce the loss. 40471 Includes copyrighted material of Insurance Services Office, Inc, with its permission. Rev. 11-2002 Copyright, Insurance Se~ices Office, Inc 1995 Page 9 of ! 8 Acts or decisions, including the failure to act or decide, of any person, group, or organization representing a governmental, regulatory or controlling body. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of all or part of any Covered Property wherever located. The discharge, dispersal, seepage, migration, release or escape of pollutants, except as provided under Additional Coverages. Em LIMITS OF INSURANCE The most we will pay for loss to any one building or structure is the lesser of the Limit of Insurance shown in the Declarations for that one building or structure or the total estimated completed value that was reported to us for that one building or structure. The most we will pay for loss in any one occurrence is the limit shown in the Inland Marine Declarations for all Covered Property at all locations. DEDUCTIBLE We will not pay for loss in any one occurrence until the amount of covered loss exceeds the Deductible shown in the Declarations. We will then pay the amount of covered loss which exceeds the Deductible, up to the applicable Limit of Insurance. ADDITIONAL CONDITIONS The following conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions: 1. COVERAGE TERRITORY The coverage territory is United States of America (including its territories and possessions) and Canada 2. WHERE COVERAGE APPLIES This coverage applies to Covered Property While within the Coverage Territory while: 40471 Includes copyrighted material of Insurance Sel-/ices Office, inc., with its permission. Rev. 11-2002 Copydghl, Insurance Services Office, Inc 1995 Page ] 0 of ! 8 At any construction site you have reported; Temporarily at other premises, if the property has been designated to be installed at a location you have reported to us; or In transit except imports or expods while ocean marine coverage applies. 3. WHEN COVERAGE BEGINS AND ENDS We will cover risk of loss from the time when you are legally responsible for the Covered Property on or after the effective date of this policy if all other conditions are met. Coverage will end at the earliest of the following: Once your interest in the Covered Property ceases; Ninety days after initial occupancy of the Covered Property unless: (2) (3) When that building is being used as a Model Home; that building is being remodeled and is a single family dwelling; or that building is being used as a Model Home Leaseback. the Covered Property is leased to or rented to others (1) for a single family dwelling, when the building is leased or rented to others; (2) for a multiple family dwelling, when 50% or more of the units in the structure are leased to or rented to others; or (3) for a commercial structure, when 75% or more of the square footage space is leased to or rented to others); This does not apply to pre-leases established prior to construction. When you abandon the reported location with no intention to complete it; At the end of 12 months from the month when you first reported the location to us unless you report the location again and pay an additional premium. If the location is reported again and the additional premium is paid, coverage will end at the end of 12 months from the month when you re-reported the location to us as described in the reporting provision below. You have the option to report the same location a third time at the end of the second 12 month period, provided the required additional premium is paid. Coverage for this third 12 40471 Includes copyrighl®d material of Insurance Selvices Office, Inc., with ils permission. Rev, 11-2002 Copyright, Insurance Services Office, Inc 1995 Page ] ] of 18 month term will end at the end of 12 months from the month you re-repoded the location for a third term; Coverage for Existing Buildings or Structures that are being or have been remodeled: At the end of 12 months from the month when you first reported the location to us unless you report the location again and pay an additional premium. If the location is reported again and the additional premium is paid, coverage will end at the end of 12 months from the month when you re-reported the location to us as described in the reporting provision below. There is no option to report a third year. f. When permanent property insurance applies; or g. Once the Covered Property is accepted by the owner or buyer. 4. REPORTING PROVISIONS Each month you must report to us the total estimated completed values of all Covered Property for each location staked during the previous month. This report must be made on the form we provide. For the purpose of these reports, a location is started when you first put any building materials (including the foundation) on the construction site. If your policy is endorsed to provide coverage for existing structures that you are renovating and/or adding onto and for which you seek coverage, a location is started on the earlier of the following: when you first put any building materials (which includes any new, altered or expanded foundation) on the site; or (2) when you acquire title to the existing structure. You must pay premiums based on the total estimated completed value of the Covered Property using the rate we furnish. You must send your premium payment with the report for the reported locations to be covered. We must receive your report and the accompanying premium payments at the address designated in our form by the last business day of the month in which the report is due, or the report is late. If a report is received late, coverage begins on the day the report is received, and there is no coverage for any loss that occurred before that report was received. Our acceptance of a report of values and premium payment does not waive or change any part of this policy nor stop us from asserting any right we have under the terms of this policy. 40471 includes copyrighted material of insurance Services Office, Inc, wilh its permission Rev. 11-2002 Copyright, Insurance Services Office, Inc 1995 Page ]2 of ] 8 The premium charged is fully earned and no refund is due you when coverage ends. A dwelling being used as a Model Home must be reported and should be identified as a Model Home. You will keep accurate construction records regarding property we cover under this policy. This includes the total estimated completed value of the Covered Property and a record of all contracts of sale dealing with the Covered Property. If at the end of 12 months from the time you first reported a start to us, you still have that location in your inventory, you may report that location to us a second time. If at the end of the second 12 months from the time you first reported a start to us and you still have that location in your inventory, you may report that location to us a third time. Coverage for Existing Buildings or Structures that are being or have been remodeled: If at the end of 12 months from the time you first reported a start to us, you still have that location in your inventory, you may report that location to us a second time. There is no option to report a third time (year). 5. MORTGAGE HOLDERS CLAUSE a. The term mortgage holder includes trustees. We will pay for covered loss to buildings or structures to each mortgage holder shown on a Certificate of Insurance issued by the current Agent of Record. The mortgage holder has the right to receive loss payment even if the mortgage holder has started foreclosure or similar action on the building or structure. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part, the mortgage holder will still have the right to receive loss payment if the mortgage holder: (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; 40471 Rev. 11-2002 (2) Submits a signed, sworn proof of loss within 60 days after receiving notice from us of your failure to do so; (3) Has notified us of any change in ownership, occupancy or substantial Copyright, lnsuranceSe~'icesO~ce, lnc1995 Page ]3 of 18 change in risk known to the mortgage holder. All of the terms of this Coverage Part will then apply directly to the mortgage holder. If we pay the mortgage holder for any loss and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part: (1) The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgage holder's rights to recover the full amount of the mortgage holder's claim will not be impaired. At our option, we may pay to the mortgage holder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. If we cancel this policy, we will endeavor to give written notice to the mortgage holder at least: (1) 10 days before the effective date of cancellation if we cancel for your non-payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. We will not notify the mortgage holder if: (1) You cancel this policy, or (2) Coverage ends for any reason other than if we cancel the policy. o 40471 Rev. 11-2002 VALUATION General Conditions E. Valuation in the Commercial Inland Marine Conditions is replaced by the following: In the event of loss, the value of the properly will be determined as of the time of the loss. a. The value of the property will not be more than the amount necessary to replace the structure or repair the structure, whichever is less, to the same point of completion that had been achieved immediately before the loss. If the loss involves building materials which have not been installed, the value Ccpyrighl, Insurance Services Office, Inc 1995 Page ]4of ]8 of the property will not be more than the amount necessary to replace the materials with comparable type or quality. WAIVER OF COINSURANCE If there is a loss to Covered Property and the cost to repair or replace such property is less than or equal to $25,000 we will adjust the loss without regard to SECTION E. ADDITIONAL CONDITIONS 8. COINSURANCE o COINSURANCE If the reported value is less than the total estimated completed value, you will bear a portion of any loss. The amount we will pay is determined by the following steps: a. Divide the reported value by the total estimated completed value of the Covered Property; b. Multiply the total amount of the covered loss before the application of any deductible by the percentage determined in step "a"; c. Subtract the deductible from the figure determined in step "b". Example No, 1 (This example assumes there is no penalty for underinsurance.) Deductible Reported Value Total Completed Estimated Value Amount of loss $1000 $100,000 $100,000 $60,000 A. Reported Value/Total Estimated Completed Value $100,000/$100,000 = 1.00 B. Amount of Loss x Percentage in A $60,000 x 1.00 = $60,000 C. Deductible Amount Subtracted from results of B $60,000 - $1,000 = $59,000 Total Amount of Loss Payable = $59,000 Example No. 2 40471 incJudes copyrighted material Of Insurance Sereices Office, Inc., wi63 ils permission, Rev. 11-2002 Copy,S, Insurance se~ices Office, In¢ 1995 Page 15 of ] $ (This example assumes there is a penalty for underinsurance) Deductible Reported Value Total Estimated Completed Value Amount of Loss $1000 $100,000 $120,000 $60,00O A. Reported Value/Total Estimated Completed Value $100,000/$120,000 = .833 B. Amount of Loss x Percentage in A $60,000 x.833 = $49,980 C. Deductible Amount Subtracted from results of B $49,980- $1,000 = $48,980 Total Amount of Loss Payable = $48,980 9 CANCELLATION ao The following is added to the Cancellation Condition in the Common Policy Conditions and applies only to the coverage provided in this Coverage Form: Cancellation of this policy will not affect the insurance in force on any location which you have reported to us or on any location which started before the effective date of the cancellation notice if that location is reported on the report due and premium payment is made. However, you cannot report any location currently in your inventory a second time after the effective date of cancellation. However, coverage may be canceled on any location if notice is given in writing in accordance with the cancellation provision in the Common Policy Conditions, or state amendatory endorsements. Common Policy Conditions IL0017 Section A Cancellation Paragraph 5 is replaced by the following: The premium for this coverage is fully earned and no refund is due when the policy is canceled. 10. LIBERALIZATION CLAUSE If we adopt any revision, which would broaden the coverage under this Coverage Form without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. 40471 Includes copyrighted material of Insurance Services Office, I~c., with its ~:;ermissian. Rev. 11-2002 Copyright, Insurance Services Office, Inc 1995 Page ! 6 of 1 $ 11. INTEREST Of SUBCONTRACTORS, SUB-SUBCONTRACTORS, SUPPLIERS We cover the interest, which your subcontractors, your sub-subcontractors and your suppliers have in the Covered Property, but only while such property is situated at construction sites you have reported to us. This condition does not impair any right of subrogation we would otherwise have. 12. TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: Prior to loss to your Covered Property. After a loss to your Covered Property only if, at time of loss, that party is one of the following: 1. Someone insured by this insurance; 2. A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your failure to disclose all hazards existing as of the inception date of the policy shall not affect the coverage afforded by this policy, provided such failure to disclose all hazards is not intentional and the hazard is reported to us as soon as practicable after you learn about it. 14. REWARD At our discretion, we may pay up to $10,000 as a reward for information which leads to a conviction in connection with a covered loss. The Named Insured and their employees are not eligible for this reward. Any reward payment we make should not affect the Limits of Insurance. DEFINITIONS Existing Inventory means buildings or structures where construction was started or completed prior to the inception date of this policy. 40471 Includes copyrighted materiel of Insurance Services Office, Inc, with its permission. Rev. 11-2002 Copyright, lnsuranceSe~vice$Office, lnc1995 Page ~,7of 18 Loss means accidental loss and accidental damage. Model Home Leaseback means a dwelling purchased from the Insured and is then leased back to the Insured, by the purchaser, to be used by the Insured as a Model Home until the purchaser occupies the dwelling as a residence. Overhead means those business expenses, other than materials and labor, incurred either directly or indirectly due to the construction of a dwelling or structure including soft costs. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant. This includes, but is not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemical and waste. Waste includes, but is not limited to, materials to be recycled, reconditioned or reclaimed. Profit means the difference between the selling price of the land and completed structure and your cost of the land and the completed structure. If you do not have a signed contract for the sale of the completed structure and land, the allowance for profit will not exceed 20%. Total Estimated Completed Value means all costs associated with the building and designing of the Covered Property including labor, overhead and materials and if included, profit. Water Damage means accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of any part of a system or appliance (other than a sump system including its related equipment and parts) containing water or steam. 40471 Includes copyl'i~tsd material of Insurance Se~'ices Office, inc., with its permission. Rev. 11-2002 C(~pyright, Insurance Se~ices Office, Inc 1995 Page 18 of 18 328 Crandon Blvd., Suite 226 Key Blsc~.,,me, Flmtda 33149 Law Of~ces Telephone (306) 365-0002 Facsimile (306) 365.9'/60 E-mail liz~c~lvo~.com September $, 2003 Re: Recommendation letter for Miami Skyline Construction To Whom it May Concern, 'Miami Skyline Construction has worke~ on a varict~ o£ptojeets for us, W'e have been very pleased with their work and their consistency on every project, we highly rcconuncnd them for your construction needs. Miami Skyline Construction has always completed the projects nccordlng to schedule and within thc specified budget. Their proJ~ssionatism makes it a pleasure to work with, ~id V,'¢ hope to continue working with them for all our construction nexis in the future. If you have any questions please do not hesitate to con,tot me at the above number. ALLEN & ~S$O(:lKfE$, P.A. (TO5) 66 ] ~ fi 74 5 September 2003 To: pfc-qualification Review Committee Miami Dade Counly Public Schools RE: Miami Skyline Construction Company, Inc. This letter is provided to addn~ss ll~e character and capabilities of the firm mentioned above, wilh regard to Ihcir Construction and Administrative Compelenee. For the past year and a half, my firm ha.~ co:;ducled Construction Admini~ration Services on a large Dade Counly Park Contract in which 'Hfis l'irn~ is the General Contractor. The finn has demonstrated a keen degree of' knowledge and compelence in producing the work involved in the projecL As owner of this firm, I am pleased Io recommend Ibis tim! I'or future work with Miami Dad¢ County as well as Miami Dado County Public Schools. I feel they will perform in a manner that will satisfi/the School Distri~s' standards Should you have fi~rther questions, you may contact me at the above address and number. Architect President/CEO cc File .... Atchi~ectt, re · Urban ["A.-.~ign · Planning MIAMI-I)ADE COUNTY, FLORIDA PARK & RECREATION DEPARTMENT PROJECT MANAGEMENT DtVISION 2?5 N. W. 2~ ,St. 4~ Floor, Miami. Florida 33128 TELEPHONE: (305) 765-?g.2I I FAX: (305) 766-7995 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) tn the delivered facilities. If you have any questions or need additional information, please feel free to contact me at (305) 755- 7921. PrOJect Management Division Xc: Joel Arango, Construction Section Head MIAMI SKYLINE CONSTRUCTION CORP. ORGANIZATION CHART I)aniel Rodriguez Superintendent Ivan Poveda For¢lllan Claudio Rodriguez Project 1~ anager Renato Rodriguez Superintendent ignacio Fernandez Foreman Edgar Vazquez Financial Controler Maria Rodriguez Assistant Project Manager Purchasing Agent New Busines Adriel Pcna ~ Estimator Compulcr Analyst Development ~ Brcan Estimator Project Manager Maylin dadrid O l'fice Manager Personnel i Silvina Rodriguez Administrative Assistant 315851-6 N IffiI~I~R~[I3rgBILL-DONOTII~IEWAL ....... BU~I*,~I~ASK~u..Cg:NBOtONST CORP 705 NE 130 ST 33161 NORTH HIAH! PERMIT HO. 231 $29569-8 ~.#CBC057075 owM~HI SKYLINE CONST CORP secll~(.~MB.~E~IJERAL BLDG CONTACTOR cou.~cro,~08 / 16/2003 00280000335 000065, O0 ~ORKERS 6 CLAUDIO S RODRIGUEZ PRES 7O5 NE 130 ST NDRTIt MIAMI FL 33161 H I1'1 H m tate r artmrut ?f tatr I ce~i~ from the reco~s of t~ls office that M~AMI s~INE CONS~UCTION CORP., is a co~omtlon o~anized unde~ the laWs of the S~te o} Florida, filed on~. June 1, 1995, The document number of this corporation Is P95000042708. I further certify that said corporation has paid all fees due this office through December31,1999, that its most recent annual report was filed on Mamh 25, 1999, and its status Is active, . " . I further certify that said corporation has not filed Articles of Dissolution.' CR2EO22 Given under my hand and the Great Seal of the State of Florida Tat Tall_aha.s. se.e, th.e.C, apitol, this the wenty-founn oay oT May, 1999 ~,~ecretnrl~ of~tnte M [i .MI S_KYLINi CONSTRUCTION CORP. STATE CERTIFIED BUILDING CONTRACI'OR ./ CLAUDIO RODRIGUEZ PRESIDENT/OWNER OBJECTIVE: EDUCATION: To continue to reach new heights within the Construction Industry, by committing professional service and quality Workmanship to all projects awarded. 1991 Bachelor of Science in Finance from Barueh College, City University 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 consh-uction finn to Florida State Licensed General Contractor. Daily operation of construction fi-ri. 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. · 'restaent/Owner. .............. :' ..... . ..... . i. - Licensed N~w. York State Contractor Ol~a'ate~ construction ~m. Projects indndext botkcomm~'~ial and r~id~ntial. 1982-1987 Rodriguez e Hijos. - San Jnan. Argentina Family operated Construction Company. Foreman. - Responsibilities included overseeing large gov~rnmont projoots awarded. - planning, scheduling, ordering materials, and managing labor force. M iAMI SKYLINi CONSTRUCTION CORP. STATE CERTIFIED BUILDING CONTRACTOR EDUCATION: 1984-1986 1982-1984 EXPERIENCE: 1993 - 2003 MARIA RODRIGUEZ VICE PRESIDENT FASHION INSTITUTE OF TECHNOLOGY, N.Y., N.Y. Bachelors of Science in Marketing. FASHION INSTITUTE OF TECHNOLOGY, N.Y., N.Y. Associate Degree in Management. Miami Skyline Construction Corp. - Miami, FL Marketing and Sales Administrator. - Responsible for prospecting new projects. - Acts as a liaison between clients and contractors. Involved in the daily management of the business. Responsible for contacting new clients, drawing up agreements, purchasing materials, and supervising financial operations. '?t}5 N.[:. I III" 5;I'RI~IiT · N~)I¥1'II MIAMI, FL 33161 · PIIONE: (305) 754-2700 · FAX: (305) 899-8840 CONSTRUCTION CORP. STATE CERTIFIED BUILDING CONTRACTOR DANIEL RODRIGUEZ EDUCATION: 1980- 1986 Universidad Catolica de Cuyo, Argentina Bachelor of Science in Finance EXPERIENCE: 2001- 2003 1995 - 2001 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 financial 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, FI. :? :,:,MIAM!$KYUNE CONSTRUCTION.CORP' FINANCIAL STATEMENTS DECEMBER 31, 2002 .... ederico Gonzalez, C.P.A. FI. 33166 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 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 Liabilities and Stockholders' Equity Current Liabilities Accounts payable Current maturities of long -term debt Accrued expenses Billings in excess of costs and estimated earnings on uncompleted contracts Total current liabilities I.onq - term debt Loan payable - Stockholder Stockholders' Equity common stock, $1 par value; 100 shares authorized, issued and outstanding Relained earnings total Stockholders' Equity $ 189,098 732,325 208,271 77,350 1,207,044 89,109 22,460 1,578 $ 1~320f191 $ 665,734 8,501 6,316 113,724 794,275 21,580 100,000 100 404,236 404,336 $ lf320~191, The accompanying notes are an integral part of these statements. Federico Gonzalez, C.P.A. Certified Public Accountant ,..,,-,4 ~ ~^~ Av~. 1701 S.W. 98 Ave. Miami, Florida 33165 Tel. (305) 206-4245 ,,iNDEPENDENT ACCOUNTANT'S REVIEW REPORT" To the stockholders Miami Skyline Construction Corp. Miami, Florida I have reviewed the accompanying balance sheet of Miami Skyline Construction Corp. as of December 31, 2002 and the related income statement and retained earnings, and cash flows for the year ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accounlants. All information included in these financial statements is the representation of the management of Miami Skyline Construction Corp. A review consists principally of inquires of company personnel and analytical procedures applied to financial data. It its substantially less in scope than exami[~ation in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such an opinion. Based on my review, I am not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with accounting principles generally accepted. My review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with accounting principles generally accepted. The il~formation contained on the schedules is presented only for the supplementary ar~alysis purposes. Such information has been subjected to the same inquiry and a~alylical procedures applied in the review of the basic financial statements and I a~ not aware of any material modifications that should be made to it. April 30, 2[~/~'" Miami, Florida MIAMI SKYLINE CONSTRUCT/ON CORP. STATEMENT OF RETAINED EARNINGS For the year ended December 31, 2002 (Read accountant's review report) Retained earnings at the beginning of the year Net Income Distributions Retained earnings at the end of the year 195,373 242~863 438,236 (34,000)., 404~236 The accompanying notes.are an integral part of these statements. MIAMI SKYLINE CONSTRUCTION CORP. INCOME STATEMENT For the year ended December 31, 2002 (Read accountant's review report) Contracts revenues earned Cost of revenues earned Gross Profit 3,346,092 2,825,004 521.088 General and Administrative expenses Net Income 278,225 242~863 The accompanying notes are an integral part of these statements. 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 conlracts receivable Increase in costs and estimated earnings in excess of billings on uncompleted con' Increase in deposits on jobs Increase in other assets Increase in accounts payable Increase in accrued expenses Increase in billings in excess of costs an estimated earnings on uncompleted contracts 99~ 113 Cash flows provided by operating activities Cash flows used in investments activities Purchase of transportation equipment (605,224) (1e4,48e) (77,350) (578) 616,744 3,236 Cash flows from (used in) financing activities Proceeds from noles payable Repayments of notes payable Distributions to stockholders 35,200 (5,119) ¢4,000) Net increase in cash Cash at the beginning of the year Cash al the end of the year .~_upplementary disclosure of cash flow information Cash paid for interest $ 242,863 (118,710)_ 124,153 (48,118) (3~919) 72,116 116,982 $ 189~098,,, $ 54O The 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. Al projects are located in the South Florida area. Use of Estimates Management uses estimates and assumptions in preparing lhese financial 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 eslimates that were used. Revenue and cost recognition /;onl~aCt revenue is recognfzea using the percentage-or-completion metnoc~. Under this method, the percentage of contract revenue to be recognized currently is computed as that percentage of estimated total revenue that incurred costs to dale bear to total estimates costs, after giving effect to the most recent estimates or costs to complete. It is reasonably possible that changes in estimates may occur in the near term. Revisions in cost and revenue estimates are reflected in lhe period in which the facts which require the revision become known. When the revised cost estimates indicate a toss on an individual contract, the total estimated loss is provided for currently in its entirety without regard to the Dercentage-of -completion. Contract costs include all direct material and labor and those indirect costs ~elated to contract performance, such as indirect labor,' supplies, equipment ret]Iai, repairs and subcontractor cost. Selling, general, and administrative e,,'penses are charged to operations as incurred. asset, "costs and estimated earnings in excess of billings of billings on u~completed contracts", represents revenues recognized in excess of the amoar~ls billed. The liability, "billings in excess of costs and estimated earnings tJr~completed contracts", represents billings in exbess of revenues recognized. 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 of the Internal revenue Code and state laws. Under these provisions, the Company does not pay federal or state corporate income taxes on their respective shares of the Company's income or loss. MIAMI SKYLINE CONSTRUCTION CORP. NOTES TO THE FINANCIAL STATEMENTS As of and for the year ended December 31, 2002 NOTE 2- CONTRACTS RECEIVABLE Contracts receivable are as follows: Due $ 469,038 263~287 Retention $ 7327325 Costs incurred on uncompleted contracts Estimated earnings NOTE 3 - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS $ 2,609,274 433,025 3,042,299 2,947,752 Less: billing to date $ 94,547 Costs and estimated earnings in excess of billings on uncompleted contracts Billings iii excess of costs and estimated earnings on uncompleted contracts $ 208,271 113,724 $ 94,547 NOTE 4 - PROPERTY AND EQUIPMENT Property and equipment as of December 31, 2002 were: Construction equipment Transportation equipment Furnitures & fixtures Less accumulated depreciation Depreciation expense for the year ended was $9,837. Depreciation based on 10 yrs S/L. 41,863 80,038 7,871 129,772 $ 89,109 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 repre.senting signed contracts in existence at December 31,202. Balance, Janua~ 1, 2002 New contracts and adjustments Less: Contract revenues earned Balance, December 31, 2002 $ 528,219 4~235,572 4,763,791 3,346,092 $ 1,417,699 NOTE 6 - NOTE PAYABLE CREDIT LINE 'the Company has a credit line with a bank for $200,000. As of December 31, 2002 no outstanding balance as of December 31, 2002. MIAMI SKYLINE CONSTRUCTION CORP. Earnings From Contracts December 31, 2002 (Read accountant's review report) Conlracls completed during lhe year Conlracts in progress al Ihe end of the year For the year ended December 31r 2002 Cost of Revenues Revenues Gross Earned Earned Profit $ 335,757 $ 241,403 $ 94,354 3,010,335 2,583,601 426~734 12/3112001 Profit $ 57,325 6,291 $ 3,346,092 $ 2,825,004 $ 521,088 $ 63,616 MIAMI SKYLINE CONSTRUC31ON GENERAL AND ADMINISTRATIVE EXPENSES For the si.x months period ended June 30, 2002 (READ ACCOUNTANT'S REVIEW REPORT) Accounting & legal Advertising expenses . Auto & truck expenses Salaries - Officers Salaries - Administration Depreciation expense Miscellaneous Office expense Payroll taxes expenses Rent expense Telephone expense Travel & entertainment Utilities expense Total $ 2,427 11,036 21,114 11,200 61,354 75O 3,123 10,472 6,831 3,703 6,366 2,180 1,722 $ 142,278.. 00710. FORM OF PERFORMANCE BOND Bond No. 090505 BY THIS BOND, We MIAMI SKYLINE 'CONSTRUCTION CORP___~_. _ _, as Principal, hereinafter called CONTRACTOR, and CAROLINA CASUALTY INSURANCE COMP, ANa~a Surety, are bound to the City of Miami Beach, Florida, a,s Obliaee, h,ereLnafter called CITY, in the amount of *One Million Nine ilunQre~' Seventy rive Thousand and _00/100'********* Dollars ($1_~_,975,000.0)0for 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.: 10-03/04 _, awarded the 25th day of ~eb~-uaz-y ___, 20 04 , with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: Performs the Contract between CONTRACTOR and CITY for construction of c e son Theater ADA & Public Interior Desi,qn Enhancement for Miam,i~ ~ak~ b~lr~}of the made a part of this Bond by reference, at the times and in the manner prescribedPerformi ng in the Contract; and Arts. 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 54 FORM OF PERFORMANCE BOND (Continued) Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CiTY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3,1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3,2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No dght 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. BID NO: I0-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 55 FORM OF PERFORMANCE BOND (Continued) Secre~ry (CORPORATE SEAL) MIAMI SKYLINE CONSTRUCTION CORP. ~~..rati°n) (Pdn[ Name and Titl~)) IN THE PRESENCE OF: INSURANCE COMPANY: CAROLINA CASUALTY INSURANCE COMPANY Agent and Attorney-in-Fact ;Shawn A. Burton Address: 4211 W. Boy Scout Blvd., #150 (Street) T_amp a,,_L_3.3607 (City/State/Zip Code) Telephone No.: 813-870-2977 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 56 00720. FORM OF PAYMENT BOND Bond No. 090505 BY THIS BOND, We MIAMI SKYLINE CONSTRUCTION CORP.. __, as Principal, hereinafter called CONTRACTOR, and CAROLINA CASUALTY INSURANCE COMP,AN~s Surety, are bound to the City of Miami Beach. Florida. as Obligee, hereinafter *One Rillion Nine Hundred Seventy Five Thousand and 00/100'********** Dollars whereof CONTRACTOR and Surety bind called CITY, in the amount of ($1,9_7_5_,000.00~) for the payment themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 10-03/04 ___, awarded the 25th day of February 20 04 with CITY which Contract Documents are by reference incorporated herein and made a pad hereofl 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 BONO is that if CONTRACTOR: Pays CITY all losses, liquidated damages, expenses, costs and attomey's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the. Contract;- .... THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: A claimant, except a laborer, who is not in pdvity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BUD NO: 10-03/04 DATE: 12/19/03 CrTY OF MIAMI BEACH 57 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 Docwnents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. ATTEST: (Sec~-'~ry) (Corporate Seal) By: CONTRACTOR MIAMI SKYLINE CONSTRUCTION CORP. BID NO: 10-03/04 CITY OF MIAMI 8EACH DATE: 12119/03 58 ............ IN THE PRESENCE OF: INSURANCE COMPANY: CAROLINA CASUALTY INSURANCE COMPANY By: _.~ ~ Agent and Attorney-in-Fac't': Shawn A. Burton Address: 4211 W, Boy Scout Blvd,, #150 .(Street) Tampa, FL 33607 (City/State/Zip Code) Telephone No.: 813-870-2077__ BID NO: 10-03104 CITY OF MIAMI BEACH DA TE: 12/19~03 59 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 Shawn A. Burton__ to me well known, who being by me first duly sworn upon oath says that he/s~Yeq 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 March ,20 04. My commission expires: February 27, 2008 by Western Surety Company to before me this I st day of Notary Public, State of Flor~Fa .:~;,~,~,,,,, cAESARE D. SANCHEZ Bonded ~."~,argr,:'~ · Notary Public, State o! FLorida ,'~.,,.; Commission Exp. February 27, 2008~ ~,o. ,~-~-.-': No. DO 281507 ';&~';~"%" Bonded Thru Western Surety Co. BID NO: 10.4)3/04 CITY OF MIAMI BEACH DATE: IZ/19/0~ 60 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. of Ft. 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 , 200~3. O Attest:~.n//]~.. ~ Carolin~/~asu~alty Insurance Company By: t~,~t/.~.~ By: ~ {"~ ~ ~ Betty q~therland~ Armin W. Blumberg ~ ~ Vice President and Secretary President and Chief Executive Officer"~ WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this 13Lh day of ~Ch , 2003, before me personally came Betty 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 tbat:l~l~she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and thatflledshe signed his/her name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the day_and year herei_n first abg~e~written. CERTIFICATE ~' D21,~51~3~,,~ i 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 BeVy ~&3 u~he[land,'S~c~e t ary 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 We hereby authorize you to draw on at Applicant: Amount: in United States Funds Expiry: (Date) Bid/Contract Number (Bank, Issuer name) by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of by your drafts at sight, accompanied by: available A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. ..... for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 61 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 cor~lict 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 62 00800. GENERAL CONDITIONS: 1. Proiect Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR sh'all 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 63 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. [X] Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 64 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. 3.3. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 65 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2, Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3, Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security. In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same condi§ons 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 66 5.2. company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury 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 Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 67 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. Indemnificatior~ 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 68 7.1.2. 7.1.1.1. Employers' Liability with a limit of ~;~ ~) ~i1~ ~$) 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. Comprehensive General Liability with minimum limits of ~ ~!li!~ ~la~ !~(~0~ ~} per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [X ] 7.1.2.2. Independent Contractors. [X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [X] 7.1.2.5. Broad Form Property Damage. IX] 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 69 7.1.3. Business Automobile Liability with minimum limits of ~ ~i~ibhl i:)Ol!a~;~t 00~ per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-Owned Vehicles. 7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) IX] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. []7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. B1D NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 70 7.2. 7.3, 7.4, 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. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. Notice of Cancellation and/or Restriction-The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is 1he City of Miami Beach, Florida. This official title shall be used in all insurance documentation. Labor and Materials: 8.1. 8.2. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shal not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 71 9. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions ara justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in'. (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits, Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 72 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 73 13. Inspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2, Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall not BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 74 14.2. 14.3. 14.4. 14.5. be changed except with the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of, CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 75 15. CITY's Right to Terminate Contract:. 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 76 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Right to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or i~ 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. Assignment 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 77 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 78 20. Plans and Working Drawings: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans, Specifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and kno~/ingly failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibility for Damages and Accidents: 23. 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, .except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. Warranty. CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 79 24. Supplementary Drawings: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CiTY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 80 25.4. 26. Taxes: 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. 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: [x] 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to pay or to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than (ten) 10% percent of the Contract Price. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 81 and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 82 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. Legal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 83 close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existinq Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the 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 by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 84 33. Value En,qineerin,q: 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. Continuing the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Changes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 85 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. Change Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 86 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 Change 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 87 38.2.2. 38.2.3. 38.2.4. the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance ~th the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 88 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 89 38.4. contracting agents, expediters, timekeepers, clerks and other personnel employ'ed by' CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically' included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by' CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 90 38.5. 38.6. 38.7. 38.8. 38.9. 38.4.2.3. one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. 38.8.2. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 91 39. Notification and Claim for Change of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 92 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay; Compensable; Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 93 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be .... N/A _ per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 94 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within twenty- one (21) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 95 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the R'oject site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 96 46. 45.3. Safety 46.1. 46.2. 46.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. and Protection: CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 10--03/04 CITY OF MIAMI BEACH DATE: 12/19/03 97 [ X ] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment by CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CITY and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sign: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 98 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaning Up; City's Right to Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: 53. In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any par[ or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. Nondiscrimination, Equal Employment Oppor[unity, and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 99 CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 100 00900. SUPPLEMENTARY SPECIFICATIONS BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 101 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 102 00920. ADDITIONAL ARTICLES: [ X] 1. Preva n.q Wa.qe Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: water, except water treatment facilities and lift stations; sewer, except sewage treatment facilities and lift stations; storm drainage; road construction, except bridges or structures requiring pilings; and beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [ ] 2. Federal Grant Proiects: (N/A) 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through .... federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 103 WAGE RATES GENERAL DECISION: FL20030001 FL1 Date: June 13, 2003 General Decision Number: FL20030001 Superseded General Decision No. FL020001 State: Florida Construction Type: BUILDING County (ies) : DADE BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories) Modification Number 0 Publication Date 06/13/2003 COUNTY(les): DADE ASBE0060A 09/01/2002 Rates Fringes ASBESTOS WORKERS/HEAT AND FROST INSULATORS 26.13 6.86 ELEC0349A 06/01/2002 ELECTRICIANS (Including Fire Alarm Installation): Electrical contracts including materials that are less than $2,000,000 Rates Fringes 20.50 4.30 + 8% Electrical contracts including materials that are over $2,000,000 22.96 4.30 + 8% ELEV0071A 11/01/2001 Rates Fringes ELEVATOR MECHANICS 25.285 7.455+A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; Paid Holidays: New Year's Day; Memorial Day; Independence BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 104 Day; Thanksgiving Day; Christmas Day, plus the Friday after Thanksgiving. ENGI0487A 10/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: Boom Truck Operator 19.23 3.40 Crane (Including Truck Crane) 22.40 3.40 Crane Oiler (Including Truck Crane) 16.15 3.40 Piledrivers 19.25 3.00 IRON0272B 04/01/2003 Rates Fringes IRONWORKERS: Ornamental 19.75 4.70 Reinforcing 19.75 4.70 Structural 19.75 4.70 PLUM0519A 03/16/2003 Rates Fringes PLUMBERS 22.27 5.68 ................................................................ PLUM0725A 07/16/2002 Rates Fringes PIPEFITTERS (Including HVAC) 23.95 6.50 SFFL0821A 01/01/2003 Rates Fringes SPRINKLER FITTERS 22.40 6.27 SHEE0032C 03/03/2002 Rates Fringes SHEET METAL WORKERS (Including HVAC duct work) 22.40 6.36 SUFL1027A 03/04/1999 ACOUSTICAL TILE INSTALLER BRICKLAYERS/BLOCKLAYERS CARPENTERS (Including Drywall Hanging and Bart Installation) 12.90 CARPET LAYERS 14.25 CEMENT MASONS/CONCRETE FINISHERS 14.50 DRYWALL FINISHERS 12.50 GLAZIERS 13.05 LABORERS: Unskilled (Including Mason Tending) 8.70 Pipelayers 13.81 Rates Fringes 10.00 0.62 15.36 2.40 3.15 2.42 BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 105 Plasterer Tenders PAINTERS, BRUSH PLASTERERS POWER EQUIPMENT OPERATORS: Backhoe Bulldozer Grader Loader Concrete Pump Operator Roller ROOFERS TILE SETTER TRUCK DRIVERS 10.09 9.61 15.05 15.71 2.85 14.58 2.85 15 93 2.85 15 04 2.85 14 78 12 84 2.85 9 99 12 50 0.87 10 95 1.83 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 106 Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 107 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) NO. Contract No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated ....... 20 STATE OF ) ) SS COUNTY OF ) By: (Contractor) (Signature) (Print Name and Title) By: The foregoing instrument was acknowledged before me this ......... 20__, by personally known to me or who has produced identification and who did/did not take an oath. day of who is as WITNESS my hand and official seal, this day of ........... 20__. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 108 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) NO. Contract No. ProjectTitle The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated ............... 20 STATE OF ) ) ss COUNTY OF ) Contractor (Signature) (Print Name and Title) By: The foregoing instrument was acknowledged before me this 20__, by personally ~r~owr~' to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this ....... day of day of who is as (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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 109 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: TO (CITY): BID/CONTRACT NUMBER: CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 110 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 111 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACTFOR: NOTICE TO PROCEED DATE: DATE OFISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete, and will assume full possession thereof at (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 112 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 of Miami Beach, Florida, the sum of ...... 20 ...... from City Dollars ($_ .) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation) (Signature) By: (Secretary) (Corporate Seal) F:~ATTO~AG U RV~G REEMNT~fro nt en d\stdfrm.fdend,fnl,doc (Print Name and Title) .... day of BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 113 [If not incorporated sign below.] WITNESSES: CONTRACTOR By: (Name of Firm) (Signature) (Print Name and Title) ___ day of ......... 20___ F:~A'FrO~AG U RV~,G REEMNT~fro nten d~std frm.frtend.fnl.doc BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 114 [X] 00950. DRAWINGS INDEX: Specifications/Drawings for the PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS has been prepared by: · SKLARchitecture, Architects, Interior Design, Urban Renovation · ARBAB ENGINEERING, INC., Structural Engineers · BE DESIGNS, Architectural Lighting Design and Distribution · COVENANT ENGINEERING, M/E/P Engineering * 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 12 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. DRAWING INDEX CMB2-TOPA INTERIORS ARCHITECTURAL ARCH[TECTURA£ P£ANS DA TED 02-03-03 T-I T-2 A-0.1 A-I.0 A-I.I.0 A-I.I.1 A-I.I.2 A-1.L3 A-I.I.4A A-I.I.4AI A-I.1.4B A-l.l.5 A-l.I.6 A-I.1.7A A-I. 1.7B A-I.1.8 A-l.l.9 A-1.2.0 A-1.2.1 A-1.2.2 COVER SHEET MATERIALS LEGEND & SYMBOLS SITE PLAN/DUMPSTER LOCATION GENERAL FLOOR PLAN EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS ELEVATIONS WITH ALTERNATES ELEVATIONS NOT USED NOT USED BAR 'C' BAR 'C' DETAILS CONCIERGE DESK 'D' MERCHANDISE COUNTER 'E' EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP FIRST FLOOR LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY FOUNDERS ROOM FOUNDERS ROOM FOUNDERS ROOM BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 115 A-I.2.3A A-1.2.3B A-1.2.4 A-I.2.5A A-1.2.5B A-I.3.0 A-1.3.1 A-1.3.2 A-1.3.3A A-1.3.3B A-1.3.4 A-1.3.5 A-1.3.6 A-1.4.0 A-1.4.1 A-1.4.2 A-1.4.3 A-1.4.4 A-1.4.5 A-1.4.6 A-1.5.0 A-1.5.1 A-1.5.2 A-1.5.3 A-1.5.4 A-1.5.5 A-1.5.6 A-1.6.0 A-1.6.1 A-1.6.2 A-1.6.3 A-1.6.4 A-1.7.0 A-1.7.1 A-1.7.2 A-1.7.3 A-1.7.4 A-2.0 A-2.1.0 A-2.1.1A A-2.1.1B A-2.1.2 A-2.1.3A A-2.1.3B A-2.1.4 A-2.1.5A A-2.1.5B A-2.1.6A A-2.1.6B A-2.2.0 A-2.2. 1 A-2.2.2 A-2.2.3 A-2.2.4 NEW RCP & ROOF PLAN NEW RCP DIMENSIONED ELEVATIONS BAR 'F BAR 'F' DETAILS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP 1st FLOOR- BOX OFFICE NEW DIMENSIONED RCP ELEVATIONS MEDIA DESK BROCHURE RACK EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS BAR 'G' BAR 'H' EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS BAR 'I' BAR 'J' EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS GENERAL FLOOR PLAN EXISTING & DEMO PLAN NEW FLOOR PLAN NEW FLOOR PLAN W/ALTERNATES EXISTING & DEMO RCP NEW RCP NEW RCP W/ALTERNATES ELEVATIONS BAR 'K' BAR 'K' DETAILS ALTERNATE BAR 'L' ALTERNATE BAR 'L' DETAILS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS FOUNDERS ROOM FOUNDERS ROOM FOUNDERS ROOM FOUNDERS ROOM FOUNDERS ROOM BOX OFFICE BOX OFFICE BOX OFFICE BOX OFFICE BOX OFFICE BOX OFFICE BOX OFFICE BOX OFFICE NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION NORTH GA LLERY NORTH GALLERY NORTH GALLERY NORTH GALLERY NORTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SECOND FLOOR LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY LOBBY NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION NORTH CONCESSION BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 116 A-2.2.5A A-2.2.5B A-2.3.0 A-2.3.1 A-2.3.2 A-2.3.3 A-2.3.4 A-2.3.5A A-2.3.5B A-2.3.6 A-2.4.0 A-2.4. 1 A-2.4.2 A-2.4.3 A-2.4.4 A-2.5.0 A-2.5.1 A-2.5.2 A-2.5.3 A -2.5.4 A-3.0 A-3.1.0 A-3.1.1 A-3.1.2 A-3.1.3 A -3.1.4A A-3.1.4B A-3.2.0 A-3.2. 1 A-3.2.2 A-3.2.3 A-3.2.4 A-3.2.5A A-3.2.5B A-3.3.0 A-3.3.1 A-3.3.2 A-3.3.3 A-3.3.4 A-3.4.0 A-3.4. 1 A-3.4.2 A-3.4.3 A-3.4.4 A-3.4.5A A-3.4.5B A-3.5.0 A-3.5.1 A-3.5.2 A-3.5.3 A -3.5.4A A-3.5.4B A-4.0A A-4.0B BAR 'M' BAR 'M' DETAILS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS BAR BAR 'N' DETAILS BAR 'N' DETAILS EXISTING & DEMO PLAN- N. GALLERY NEW FLOOR PLAN NORTH CONCESSION NORTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION NORTH GALLERY NORTH GALLERY EXISTING & DEMO 2~D FLOOR- N. GALLERY RCP - NORTH GALLERY NEW RCP ELEVATIONS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS NORTH GALLERY NORTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY GENERAL FLOOR PLAN EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS ELEVATIONS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS BAR 'O' BAR 'O' DETAILS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS BAR 'P' BAR 'P DETAILS EXISTING & DEMO PLAN NEW FLOOR PLAN EXISTING & DEMO RCP NEW RCP ELEVATIONS ELEVATIONS GENERAL SECTIONS GENERAL SECTIONS WITH ALTERNATES THIRD FLOOR NORTH GALLERY NORTH GALLERY NORTH GALLERY NORTH GALLERY NORTH GALLERY NORTH GALLERY NORTH LOBBY NORTH LOBBY NORTH LOBBY NORTH LOBBY NORTH LOBBY NORTH LOBBY NORTH LOBBY CENTER LOBBY CENTER LOBBY CENTER LOBBY CENTER LOBBY CENTER LOBBY SOUTH LOBBY SOUTH LOBBY SOUTH LOBBY SOUTH LOBBY SOUTH LOBBY SOUTH LOBBY SOUTH LOBBY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY SOUTH GALLERY BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 117 A-4.1A A-4.1B A-4.2 A-5.0 A-5.1 A-5.2 A-5.3 A-5.4 A-5.5 A-6.0 GENERAL SECTIONS GENERAL SECTIONS WITH ALTERNATES GENERAL SECTIONS GENERAL DETAILS GENERAL DETAILS GENERAL DETAILS GENERAL DETAILS NOT USED GENERAL DETAILS SCHEDULES INTERIOR DESIGN ID-1.0 FLOORING PLAN 113-2.0 FLOORING PLAN I])-3.0 FLOORING PLAN IsT FLOOR 2ND FLOOR 3v'° FLOOR STRUCTURAL STRUCTURAL PLANS DA TED 02-03-03 S-I S-2 S-3 BALCONY EXTENSION NOTES & DETAILS A/C ROOF TOP UNIT ELECTRICAL ELECTRICAL PLANS DA TED 02-03-03 E-1.0 E-I.I.1 E-1.2.1 E-1.3.1 E-1.4.1 E-1.5.1 E-1.6.1 E-1.7.1 ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN E-2.0 E-2.1.1 E-2.1.1A E-2.2.1 E-2.3.1 E-2.4.1 E-2.5.1 ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN W/ALT E-3.0 E-3.1.1 E-3.2.1 E-3.3.1 E-3.4.1 E-3.5.1 E4.0 E4.1 E4.2 E-4.3 E-5.0 ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN ELECTRICAL PLAN NOTES & SCHEDULES ELECTRICAL PANELS SCHEDULES ELECTRICAL PANELS SCHEDULES ELECTRICAL PANELS SCHEDULES ELECTRICAL ON LINE DIAGRAM LOBBY LOBBY FOUNDERS ROOM FIRST FLOOR LOBBY FOUNDERS ROOM BOX OFFICE NORTH CONCESSION SOUTH CONCESSION NORTH GALLERY SOUTH GALLERY SECOND FLOOR LOBBY LOBBY NORTH CONCESSION SOUTH CONCESSION NORTH GALLERY SOUTH GALLERY THIRD FLOOR NORTH GALLERY NORTH LOBBY CENTER LOBBY SOUTH LOBBY SOUTH GALLERY BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 118 PLUMBING PLUMBING PLANS DA TED 02-03-03 P-1.0 PLUMBING PLAN P- 1.1.5 NOT USED P- 1.1.6 NOT USED P- 1.1.7 PLUMBING PLAN BAR 'C' P- 1.2.5 PLUMBING PLAN BAR 'F' P- 1.4.5 BAR 'G' P- 1.4.6 PLUMBING PLAN BAR 'H' P- 1.5.5 PLUMBING PLAN BAR T P- 1.5.6 PLUMBING PLAN BAR 'J' P4.0 P-2.1.5 P-2.1.6 P-2.2.5 P-2.3.5 GENERAL FLOOR PLAN PLUMBING PLAN BAR 'K' PLUMBING PLAN ALT. BAR 'U PLUMBING PLAN BAR ' M' PLUMBING PLAN BAR 'N' P-3.0 P-3.2.5 P-3.4.5 P4.0 GENERAL FLOOR PLAN PLUMBING PLAN BAR 'O' PLUMBING PLAN BAR 'P' PLUMBING DETAILS & SCHEDULES IR PR FIRE PROTECTIONPLANS DA TED 02-03-03 FP -1.0 FP-I.I.1 FP- 1.2.1 FP- 1.3.1 FP -2.0 FP-2.1.1 GENERAL FIRE PROTEC. PLAN NOT USED FIRE PROTECTION PLAN FIRE PROTECTION PLAN GENERAL FIRE PROTEC. PLAN FIRE PROTECTION PLAN FIRST FLOOR LOBBY FOUNDERS ROOM NORTH CONCESSION NORTH CONCESSION SOUTH CONCESSION SOUTH CONCESSION SECOND FLOOR LOBBY LOBBY NORTH CONCESSION SOUTH CONCESSION THIRD FLOOR NORTH LOBBY SOUTH LOBBY FIRST FLOOR FOUNDERS ROOM BOX OFFICE SECOND FLOOR LOBBY FIRE ALARM FIRE ALARM PLANS DA TED 02-03-03 FA-1.0 FA-I.I.1 FA-1.2.1 FA-I.3.1 FIRE ALARM PLAN FIRE ALARM PLAN FIRE ALARM PLAN FIRE ALARM PLAN FIRST FLOOR LOBBY FOUNDERS ROOM BOX OFFICE MECHANICAL MECHANICAL PLANS DA TED 02-03-03 AC-I.2.! AC-3.4.1 AC-3.5.1 MECHANICAL PLAN MECHANICAL PLAN MECHANICAL PLAN FOUNDERS ROOM NORTH GALLERY SOUTH GALLERY BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 119 II. Specifications/Drawings for the ADA RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS has been prepared by: · SKLARchitecture, Architects, Interior Design, Urban Renovation · LYUBKIN ENGINEERING, Structural Engineers · STEVEN FELLER, P.E., INC. Mechanical, Plumbing & Electrical Engineers DRAWING INDEX CMB1-TOPA ADA AR(?HITECTURAL ARCHITECTURAL PLANS DA TED 02-03-03 T-1 T-2 A-0.I A -0.2 A-0.3 A-I.0 A-IA A-1.2 A-1.3 A-2.0 A-2.1 A-2.2 A-2.3 A-3.0 A-3.1 A-3.2 A-3.3 A-4.0 A4.1 A4.2 A4.3 A-5.0 A-5.1 A-5.2 A-5.3 A-6.0 A-6.1 A-6.2 A-6.3 A-7.0 A-7.1 A-7.2 A-7.3 A-8.0 A-8.1 COVER SHEET MATERIALS LEGEND & SYMBOLS KEY PLAN - BASEMENT, STAGE & ENTRY LEVEL KEY PLAN - MEZZANINE & BACKSTAGE SECOND LEVEL KEY PLAN o LOWER BALCONY LEVEL DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN FLOOR FINISH PLAN RCP ELEVATIONS DEMO & NEW PLAN NOT USED FOUNDERS ROOM FOUNDERS ROOM FOUNDERS ROOM FOUNDERS ROOM FRONT LOBBY CENTER FRONT LOBBY CENTER FRONT LOBBY CENTER FRONT LOBBY CENTER ENTRY LEVEL-NW & SW ENTRY LEVEL-NW & SW ENTRY LEVEL-NW & SW ENTRY LEVEL-NW & SW MEZZANINE - LOBBY NE & SE MEZZANINE - LOBBY NE & SE MEZZANINE o LOBBY NE & SE MEZZANINE - LOBBY NE & SEA-5.0 MEZZANINE - NW & SW MEZZANINE - NW & SW MEZZANINE - NW & SW MEZZANINE - NW & SW BALCONY - NE & SE BALCONY - NE & SE BALCONY - NE & SE BALCONY - NE & SE BALCONY - NE & SE BALCONY - NW & SW BALCONY - NW & SW BALCONY - NW & SW BACKSTAGE TOILET ROOMS BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 120 A-8.2 RCP A-8.3 ELEVATIONS A-9.0 DEMO & NEW PLAN A-9.1 ENLARGED PLANS A-9.2 RCP A-9.3 ELEVATIONS A-10.0 DEMO & NEW PLAN A-10.1 ENLARGED PLANS A - 10.2 RCP A-10.3 ELEVATIONS A-Il.0 DEMO & NEW PLAN A-11.1 NOT USED A-11.2 RCP A-I 1.3 ELEVATIONS A-12.0 DEMO & NEW PLAN A-12.1 NOT USED A-12.2 NOT USED A-12.3 ELEVATIONS A-13.0 DEMO & NEW PLAN A-13.1 NOT USED A-13.2 NOT USED A-13.3 ELEVATIONS A-14.0 INTERIOR RAMPS A-15.0 DETAILS A-15.1 DETAILS A-15.2 DETAILS A-15.3 DETAILS A-15.4 DETAILS A-16.0 SCHEDULES BACKSTAGE TOILET ROOMS BACKSTAGE TOILET ROOMS STAR DRESSING ROOMS STAR DRESSING ROOMS STAR DRESSING ROOMS STAR DRESSING ROOMS DRESSING ROOMS DRESSING ROOMS DRESSING ROOMS DRESSING ROOMS PATRON'S LOUNGE PATRON'S LOUNGE PATRON'S LOUNGE BOX OFFICE BOX OFFICE RAMP & HC LIFT RAMP & HC LIFT STRUCTURAL STRUCTURAL PLANS DA TED 02-03 -03 S-I S-2 STRUCTURAL PLANS & DETAILS OF NEW RAMP STRUCTURAL NOTES & DETAILS MECHANICAL MECHANICAL PLANS DATED 10-26-01 M-I.1 M-2.1 M-3. l M4.1 M5.1 M6.1 M7.! M8.1 M9.1 M10.1 MIl.1 M12.1 M13.1 M14.1 MF-I FOUNDERS ROOM FRONT LOBBY CENTER LOBBY NW & SW LOBBY NE & SE MEZZANINE - NW & SW LOWER BALCONY LOWER BALCONY BASEMENT LEVEL BACKSTAGE AREA STAGE LEVEL SECOND LEVEL PLAN SECOND LEVEL PLAN BOX OFFICE RAMP PLAN ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL MEZZANINE LEVEL LOBBY NE & SE LOBBY NW & SW BACK STAGE STAGE LEVEL BACKSTAGE AREA ENTRY LEVEL BACKSTAGE AREA SCHEDULES, NOTES, LEGENDS, DETAILS FLOOR PLAN FAN REPLACEMENT BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 121 MF-2 MF-3 FLOOR PLAN FAN REPLACEMENT NOTES & DETAILS FAN REPLACEMENT ELECTRICAL ELECTRICAL PLANS DA TED 10-26-01 E-lA E-1.2 E-2.1 E-3.1 E-3.2 E-4.1 E4.2 E-5.1 E-5.2 E-6.1 E-6.2 E-7.1 E-7.2 E-8.1 E-8.2 E-9.1 E-9.2 E-10.1 E-10.2 E-11.1 E-11.2 E-12.1 E-13.1 E-14.1 FOUNDERS ROOM FOUNDERS ROOM FRONT LOBBY CENTER LOBBY NW & SW LOBBY NW & SW LOBBY NE & SE LOBBY NE & SE MEZZANINE - NW & SW MEZZANINE - NW & SW LOWER BALCONY LOWER BALCONY LOWER BALCONY LOWER BALCONY BASEMENT LEVEL BACK STAGE BASEMENT LEVEL BACK STAGE STAGE LEVEL BACKSTAGE AREA STAGE LEVEL BACKSTAGE AREA SECOND LEVEL PLAN SECOND LEVEL PLAN SECOND LEVEL PLAN SECOND LEVEL PLAN BOX OFFICE RAMP PLAN LEGEND & SYMBOLS ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL MEZZANINE LEVEL MEZZANINE LEVEL LOBBY NE & SE LOBBY NE & SE LOBBY NW & SW LOBBY NW & SW ENTRY LEVEL BACKSTAGEAREA PLUMBING PLUMBING PLANS DATED 10-26-01 P-I.1 P-I.2 P-2.1 P-2.2 P-3.1 P-3.2 P-4.1 P-4.2 P-5.1 P-5.2 P-6.1 P-6.2 P-7.1 P-7.2 P-8.1 P-8.2 P-9.1 P-9.2 P-10.1 P-10.2 P-11.1 FOUNDERS ROOM FOUNDERS ROOM FRONT LOBBY CENTER FRONT LOBBY CENTER LOBBY NW & SW LOBBY NW & SW LOBBY NE & SE LOBBY NE & SE MEZZANINE - NW & SW MEZZANINE - NW & SW LOWER BALCONY LOWER BALCONY LOWER BALCONY LOWER BALCONY BASEMENT LEVEL BACK STAEE BASEMENT LEVEL BACK STAGE STAGE LEVEL BACKSTAGE AREA STAGE LEVEL BACKSTAGE AREA SECOND LEVEL PLAN SECOND LEVEL PLAN SECOND LEVEL PLAN ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL MEZZANINE LEVEL MEZZANINE LEVEL LOBBY NE& SE LOBBY NE & SE LOBBY NW & SW LOBBY NW & SW BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 122 P-Il.2 P-12.1 SECOND LEVEL PLAN DETAILS & NOTES FIRE PROTECTION FIRE PROTECTION PLANS DATED 10-26-01 FS-I.1 FS-2.! FS-3.1 FS-4.1 FS-5.1 FS-6.1 FS-7.1 FS-8.1 FS-9.1 FOUNDERS ROOM FRONT LOBBY CENTER LOBBY NW & SW LOBBY NE & SE MEZZANINE - NW & SW LOWER BALCONY LOWER BALCONY BASEMENT LEVEL BACK STAGE STAGE LEVEL BACKSTAGE AREA FS-10.! SECOND LEVEL PLAN FS-I 1.1 SECOND LEVEL PLAN ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL ENTRY LEVEL MEZZANINE LEVEL LOBBY NE & SE LOBBY NW & SW BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 123 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as Addendums to the Contract Documents. (Please see page 133) BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 124 02000. TECHNICAL SPECIFICATIONS: BID NO. 10-03/04 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS * NOTE: Specifications are available for this bid but must be ordered through T-Square Miami (305) 324-1234. The attached order form on page 12 of this Bid package must be completed and returned to T-Square Miami before prospective bidders will receive requested specifications or plans. SPECIFICATIONS LEGEND TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 01025 01031 01045 01050 01060 01070 01090 01152 01200 01311 01340 01380 01400 01410 01505 01510 01520 01530 01550 01560 01570 01580 01590 01600 01660 01700 01710 01720 Summary of Work Schedule of Values General Project Procedures Cutting and Patching Field Engineering Regulatory Requirements and Permits Abbreviations Reference Standards Application for Payment Project Meetings Schedules and Reports Shop Drawings, Product Data, Samples & Substitutions Construction Photography Quality Control Testing Laboratory Services Mobilization, Site Preparation and Demobilization Temporary Utilities Construction Aids Protection Of Existing Facilities Site Access and Storage Temporary Controls Traffic Regulations Project Identification Signs Contractor's Field Office Material and Equipment Equipment Testing and Startup Contract Close Out Cleaning Project Record Documents BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 125 01730 Operating and Maintenance Data 01740 Guarantees and Bonds DIVISION 2 - SITE WORK 02050 02221 02230 02260 02300 02930 Demolition and Salvage Building Demoition Site Cleaning Excavation Earth work Lawns & Grasses DIVISION 3 - CONCRETE 03300 Casts-in-Place Concrete DIVISION 4 - MASONRY 04200 Unit Masonry DIVISION 5 - METALS 05500 05520 05720 Metal Fabrications Railings and Handrails Ornamental Railing System DIVISION 6 - WOOD AND PLASTICS 06100 06200 06400 06650 Rough Carpentry Finish Carpentry Cabinets and Casework Solid Polymer Fabrications DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07100 Waterproofing 07250 Fimstopping 07531 Roofing 07720 Roofing Accessories 07900 Sealants and Caulking DIVISION 8 - DOORS AND WINDOWS 08110 08200 08305 08330 08400 Metal Doors and Frames Wood Doors Access Doors Overhead Coiling ,Doors Aluminum Entrances and Storefront Construction BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 126 08710A 08710B 08800 08820 Finish Hardware - ADA Finish Hardware- INTERIORS Glazing Specialty Glazing DIVISION 9 - FINISHES 09100 09220 09250 09310 0951O 09547 09660 09800 09900 Lath and Plaster Stucco Gypsum Wallboard Systems Ceramic Tile, Terrazzo tile, Marble and Granite Acoustical Ceilings Metal Ceiling Resilient Flooring and Bases Textured Acrylic Coatings Painting DIVISION 10 - SPECIALTIES 10150 1067O 10671 10810 10820 Toilet Compartment Systems and screens Storage Shelving Shelving & Closet Hardware Toilet and Bath Accessories Baby Changing Stations DIVISION 11 11062 11400 Curtains and tracks Decorative Curtains Food Service Equipment DIVISION 12 NOT USED DIVISION 13 NOT USED DIVISION 14 14425 ADA Lifts DIVISION 15- MECHANICAL 15010 15042 15180 15400 Mechanical General Provisions Tests Insulation Plumbing BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 127 15600 Heating, Ventilation and Air Conditioning DIVISION 16010 16110 16111 16120 16140 16180 16190 16450 16500 16800 16- ELECTRICAL Electrical General Provisions Exterior Electrical Work Underground Raceways and Boxes Conductors Switches and Receptacles Safety Switches, Circuit brakes and Fuses Supporting Devices Grounding Lighting Electrical utilization Equipment BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 128 03000. BID PROPOSAL FORM BID NO. t0-03104 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR THE MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS BID FORM (Page t of 2) Our BASE BID AND ALTERNATES includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization: overhead & profit required for ADA and Public Interior Design enhancement Renovations for the Miami Beach Jackie Gleason Theater of the Perfo.rming Ads in accordance with the Scope of Work and Specifications/Drawinge. Base Bid: $ 'j :c~,~O, Ct'-t?. ~, Writtsn Amount NOTE: Determination of award of this Contract will be based on the lowest and best bidder's LUMP SUM BID PLUS THE SUM OF THE ALTERNATES, however, Alternates will be selected by the City based on budget constraints. Alternates: (Add~uct to,rom me Lump Sum Bid) 1. Alternate # 1 Add Balcony Extension including concrete, railings lighting and finish work per drawings A-f.f.O, A-f.t.2, A. 1. f.3, A.f.f.4.Af, A.2. f.O, A-2. f. IB, A-2. f.3B, A.2.1.4, S-f, S-2. Add Alternate #1: $ ~;~ ~; ,,~ ~"~ . Written Amount Alternate # 2 Add New Bar "L". Provide New Bar "L" including all Cabinetry, plumbing, electrical, lighting & finish work per drawings A.2. l. f B, A.2.f.3B, A.2.1.4, A-2.'/.6A, A.2.1.6B. BID NO: 10-03/04 DATE: 12119103 Add Altsmats #2: $ Written Amount CITY OF MIAMI aEACH BID FORM (Page 2 of 2) GRAND TOTAL I BASE BID PLUS ALTERNATES: $ Written Amount FIRM'S NAME (Print or Type): ~/~(~ SIGNATURE: TITL~RINTED NAME:~ ~ ADDRESS: ~ ~ i~ TELEPHONE NUMBER: ~- ~q-qGq~ ~: ~- BID NO: 10-03/04 CITY OIr MIAMI BEACH DATE: 12119103 130 DIVISIONAL PRICES (Page 1 of 2) Division prices are for informational purposes. Please include this form with your bid response. Prior to the 2nd Notice to Proceed the awarded contractor shall be required to submit a detailed schedule of values acceptable to the City. The City shall provide a sample format for the schedule of values. Division I Work- General Conditions Dollars Division 2 Work- Demolition Sub-total: - Landscaping / Site work Dollars Dollars Division 3 Work- Concrete Work Dollars Division 4 Work- Masonry Work Dollars Division 5 Work- Metals Sub-totals: - Interior Railings - Exterior Railings - Metal ceilings Dollars Dollars Dollars Dollars Division 6 Work- Wood & Plastics Sub-totals: Mouldings - Bar Casework Division 7 Work - Thermal & Moisture protection Dollars Dollars Dollars Dollars Division 8 Work- Doors & Windows Sub-totals: - Doors/Frames/Hardware - Box Office Glazing Dollars Dollars Dollars BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 131 DIVISIONAL PRICES (Page 1 of 2) Division 9 Work- Finishes Dollars Sub-totals: - Paint - Metallic Paint - Acoustical Ceiling - Drywall Work - Terrazzo Tile Flooring, - Terrazzo Tile Counter Tops - Duroplex Work - Granite Tops - Carpeting Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Division 10 Work - Specialties Sub-totals: - Toilet Partitions - Toilet Accessories - Lobby Curtains / Draperies Division 11 Work - Equipment Division 12 Work- Furnishings Dollars Dollars Dollars Division 13 Work - Special Construction Division 14 Work - Conveying Systems Sub-totah - ADA Lift Dollars Division 15 Work - Mechanical Sub-totals: - Plumbing work - A/C - Fire Sprinkler System Division 16 Work - Electrical Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Dollars Sub-totals: - Fiber Optics - Lighting Fixtures - Alarm System - New Panel Run - Large Custom Sconces Dollars Dollars Dollars Dollars Dollars BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 132 04000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 10-03/04 Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part I1: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Date ers Name Signature Date BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/! 9/03 133 05000. CUSTOMER REFERENCE LISTING BID NO. 10-03/04 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of 4 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 (General Contractor/Sub-Contractors) must have 5 years minimum experience renovating restrooms and interiors requiring high-quality specialty finishes such as duroplex, metallic paint, pro-cast columns and ceilings, casework and cabinetry & terrazzo tile. Prospective Bidder (General Contractor/Sub-Contractors) to provide a minimum of (4) completed projects of $500,000 or more comprising of the high quality specialty finishes aforementioned. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 134 Please furnish the following Information pertinent to past projects completed that will provide a reference in meeting the Minimum Requirement for this project. 1. Project Name ~l~'~.. Project location ¥{~_~ ~:~)~.~-~2~"~ Brief description of work performed Contact Name: [,l~'j Address: -I-IA ~l~,-~v~A~.o Phone: ~.~- .~G~-d_~O,~Q ,.3 Fax No./E.Mall ('$b_~ ~,$- Owner or Agency [:1~. ~ L/~"~ Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Co~ractors' project manager and field superint'endent / Awarded contract amount an~,~d final contract amount Explanation of differen~s be~een award and final ~ntra~ amounts, if di~ren~ exceeds 10% Original scheduled project completion date, actual final ~mpletion date. BID NO: 10-03104 CITY OF MIAMI BEACH DATE: 12/19103 135 Project location Brief de~ption Conta~ Name: Fax No~-~il Owner or Agen~ Architect or Landscape Archite~, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) 6 , 'fi Ids '' ndent Name of General Contractors project mgnager aha. e~ s~jpenn~ / Awarded contract amount ~nd final contract amount / I, Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project cTpletion date, actual final completion date. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 136 Project Name Project location (nx.IZ_~[ Brief description of work performed Contact Name: ~-'~. ,~,~-~-O~, k~-L~ Address: 145L'% ~- ~ ~ ~-~ ~ Phone: ~- ~- (n~ ~ Fax No~II 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 fina~t~ontract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. BID NO: 10..03/04 CITY OF MIAMI BEACH DATE: 12/I 9/03 1;37 Project Name G'~.~ eL ~ Project location o'~O,-,~ '"~.~ O, Brief description of work performed ~_ t~r'~ ~r Address: ,~-.[~d'-~ P~L'-,p~,,r~o Phone: ~ - '~,~/"/- ~ ~ Fax No~ll ~ -'~ ~ ~ - ~ , Owner or Agency ~ e ~ Archite~ or ~nds~ Amhite~, or~Engin~ring Consultant: General Con,actor (if wo~ peoo~ed as a Sub contractor) ~ ' ' na er and field su-erinte~ent Name of General Contractom project ma g [ Awarded contract amount agd final ~ntract amount Explanation of diffemn~s be~een award and final contra~ amounts, if differen~ ex~eds I0% Od~s~ so~e~u~e~ ~roject ~om~et~os ~te, ~ct~ ~s~ ~efios ~te. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12119103 138 06000. SUB-CONTRACTOR LISTING INFORMATION,. BID NO. t0-03104 ADA & PUBLIC INTERIOR DESIGN ENHANCEMENT RENOVATIONS FOR MIAMI BEACH JACKIE GLEASON THEATER OF THE PERFORMING ARTS SUB4~ONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor (Telephone and fax no.) N a m e ..--T'~,~ ~ ,~""~ Fax:;~'~ -(,-~'~ N a m e :'~"~_~~ ?~z:::~l Tel: Fax: Name: Tel: ct q- Fax: qSq- .q~-h~4~ Tel:~-~ N~me:~ F~x:~- Work to be performed % of Work to be performed BID NO: 10-03104 CITY OF MIAMI BEACH DATE: 12119103 139 DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the City commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the City commission. Departmental personnel means the City manager, all assistant City managers, all department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, §§ 1,2, 3-4-92; Ord. No. 92-2785, §§ 1,2, 6-17-92) Cross reference(s)--Definitions generally, § 1-2. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 140 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. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ?11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel CITY OF MIAMI BEACH 142 BID NO: 10-03/04 DATE: 12/19/03 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. 92-2765, § 7, 6-17-92) BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 143 Cone of Silence ORDINANCE NO. 2oo2-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CiTY OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII* THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION 4, ENTITLED 'PROCUREMENT', BY AMENDING SECTION 2..4~6, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTFVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATNE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE. ~B4ERE. AS, on January 29, 2002, the Mtaml-Dacle 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 communlcatlor~ regarding a particular RFP, RFQ, and bid for the soticPatfion of goods and services to those between a po~ntial 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 his/her 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 lim'~iKI strictly to m. stters of processor procedure already contained In the correspor~ing solicitation document; and WHEREAS, Mlami-Dade County's approved amendments added 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 alter 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 Count)' Commission; WHEREAS, Miami-Dede County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency WHEREA~. 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 exte~tcl said amendments and their applicability to potential vendors, BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 144 eawice prov~ere, bidders, lobbyists, end coftsult~nts do~g business in the City of Miami Beach, the Administration and the City Attorney's Office herein recommends that the Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly. NOW, THEREFORE, BE IT ORDAJNED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Mleml Beach Code is hereby amended to mad as follows: ArtlcJe VIL 8~=,mdar~s of Ccmdu~ DIVISION 4. PROCUREMENT Sec. 2-486. Cone of .Hence. (a) Contracts for the provision of goods, services, and construction projects, (t) Definition. 'Cone of silence' is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP'), request for qualifications r,nc~% ,--...--, ,--- ,-~-..-- --, --,------., ,-Be, I-~ or bid between a potent~l vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, ~ or bid between the mayor, cry cornmissioners, or ~ir respective staffs, and any member of the city's administrative staff Including, but not limited to, the city manager and his or her staff; *(o) any communication regarding a particular RFP, RI=Q, ~ or bid between a potential vendor, service provider, bidder, Iol0byisL or consultant and any member of a city evaluation end/or selection committee therefor, and (d) any communtcaUon regarding a pa~lar RFP, RFQ, RI~ or bid between the mayor, city commissioners,.or their ~peotive staffs.and aa,/amember of a city evaluation Pnd/or selection commlttss therefor, (e) any commu nlcatlon regardinct a oarticuler RFP. RFQ. or bid between the mayor. ~ commissioners.' or t~h~Ir reaoective staffs and a ootential Velldor~ ~rvice orovider, bidder, lobbyist, or consultant. ti:.: ' ~, ~ .... '~'": .................... rr'~ ..... ,' ..... BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 145 (2) A Th~ cone of silence shall be Imposed upon eech RFP, RFQ, ~ --=_~ orbid after the advertisement of said RFP, RFQ, RFL-~ or bid. At the time of imposition of tyro cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city fflar,,ager shall Include in any public solicitation for goods and services a statement disclosing the requirements of this division. The cone of silence si'mil terminate; a-)0.tat the time the city manager makes his or her ~n recommendation as to selection of a pa~lar RFP, RFQ, ~ or bid to the city commission, and said RFP, RFQ, RR=b or bid is awarded; provided, however, that following the Ml~ar~er making his or her written mcommendaticn, tim cone of silence shall be lifted as relates to communications between the M-i~yor and M-l~embers of the C-~:ommission and ~e ~ M-j~nager; pmV~ing further if the city commission refers t~e manager's recommendation ba~ to, the city manager er-eta~ for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recomntendation, and the particular RFP, RFQ, RR=I~ or bid is c; b) ~i} in the event of contracts for less than $25,000,when the city manager executes the contract_ (3) ~ptions. The ;.-=-~:~.-.= ~ ~: c~:.-.'~'~ ~J~!:~~l not apply to: (a) comm~e o~ for the award of CDBG. HOME. SHIP and Su~ax Funds administerS, bv the <;~tY office of community devefoo~; and (b) communications with the city attomev and his or her staff. (a,) (c) oral communications at pre-bid ~; 9) dJ.~.oml presenta~.~s before evaluation and/o.r selection committees: {~t-L~co~-~'~act discussions during any duly noticed public meeting; /.4~,., ~/~ ,----.-n~ ihlln, presentations made to the city commissioners during any duly noticed public meeting; (e) ~g} contract negotiations with city staff following the award of an RFP, RFQ, RFL-h, or bid by the city commission; (4) (h) communications in wrffing at any time wt~ any city ~, official or member of the city commission, unless specifically pmhibif~d by the applicable RFP, RFQ, ~ or bid documents; e, BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 146 :~,,~ ./il city commission meeting agenda review meetings between the city manager and. the mayor and individual city commissioners where such matters are scheduled for consideraticm at the next C.=,~3mm~ion meeting. ~ oommunl~ re~ardln~ a particular RFP. RFQ or bid ~ the prc~__jrement director, or his/her administrative staff responsible for ~;l.rnlnlsterir~3 the orocurement orocess for such RFP, RFQ or bid and a member of the evaiuation/$el~ <x)mmittee therefor, provided the ~;0mmuntcation is limited strictly to matters of~ss or Dmceclure already contained in the corres~x)ndinc~ solicitation document: ~kl duly noticed site visits tO determine the com~etancv of blddom maerdlna a oart~ubr bid durino the time oeriod between the ooenino of bids and the time the city rr~nacor make~ his or her wfltten recommendation: any emergency procurement of aood$ or services: (m) communications reaardina a particular RFP. RFQ. or bid be~.~men any person, and...., the procurement director, or his/her admtnl~ staff r~sponsible for adrninisterina the m'ocumment orocess for such RFP. RFQ. or bid, pr<;w~lad the commPrlication is limlt~ strictly to matters of mocess or pr~ure already contained in the corresoondin~ soli<:itaflon dOCument. (n) The bldder,.proposer, vendor, ser¢loe provider, lobbyist, or consultant shall file a copy of any vaffien communications with the city clerk. The city clerk shall make copies available to any perscn upon request. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 147 (O~d. IA.x Violations/panalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subjec~ said bidder, e; proposer, vendor, service provider, lobbyist, er consultant to the same procedures set fo~lh in Division 5, entitled *_Deha~mnt of Cont~rs_" from City Work; shall render any RFP award, RFQ award, ~. or bid awmd to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant voidable; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for any RFP, RFQ, ~ or bid for a contract for the provision of goods or services for a period of one year. Any parson who violates a provisk:m:of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and inctudir<] distal. 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. No. 9g-3164, § 1, 1-6-99; ~. No. 2001-3295, § 1, 3-14.01) BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 148 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 ordb~ance 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 mlettered 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 am heret~y repealed.. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordirmnce is, forsny mason, held invalid or unconstitutional, such podJon shall be deemed a separate, distinct and independent provision and such ho]ding shall not affect the validity or consflb.rl~nality of the remaining Ix~ons of this Ordinance. SECTION 5. EFFE~IVE DATE. Thls Ordinance shall take effect on the ;.0ch ...... is 10 days alter adoption. PASSED and ADOPTED this ATTEST: dayof ~;,.=t /' YM~or .2002. Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbem that am underlined am additions to existing ordinance. F?~ATTO~OLU~RES-ORD~CONEOFSlt. ENCE.FNL,DOC BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 149 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, thc City of Miami Beach is a member of thc 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 thc importance of ethical busincss standards in the community; and WI-IEREAS, 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 CounV] 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 1. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable govemrnental rules and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 150 PASSED and ADOPTED this ATTEST: CITY CLERK 12th day of April 2000 '' /vL~YOR N'PROVED~I'O FC'RM & LAI~K~,'~ & FOR EXEOUI'IOa BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 151 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of CommerCe ("GMCC') seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their raiationship~ with customers, clients and suppliers, This Model Code can and should be prominently displayed ~ ali business locations and may be incorporated into marketing materials. The GMCC believes thai its members should use this Code as a model for the development cf their organizations' business codes of ethics, Th s Mode Code is · slstement olpdnciples lo help ¢juide decisions and actions besed on respect lot the Jmpmtence of ethicel business standards in {he community. -I'he GMCC be eves the edoplion al a meaningful code o! elhics is the responsibility ol every business end prolessio n~l Compliance with Qoverr~ment Rules & Regulations · We will properly maintain all records and post all licenses and certificates in prominent places essily seen by our employees and customers; In dealing with government agencies and employees, we will conduct busiP, ess 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 authorities. Recruitment, Selection & Comeensation of Vendors and Suppliers We will avoid conflicts of interest and disclose such conflicts when identified; Gilts which compromise the integrity oi a business transaction are unacceplable; we will not kick bac~( any portion of s contract payment to employees of th.e other contracting party or accept such a kickbadk, Business Accountinq A~I our financial transactions will be properly and fairly recorded in appropriate books ct' account, and there will be no ~of~ the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with afl applicable safety and quality standards; We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Doing Business with the Government BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 152 , We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curt/ political favoritism are unacceptable; · Our bids Will be competitive, appropriate to the bid documents and arrived at independently; Any challenges to contracts awarded wilt have a substantive basis and not be pursued merely because we are the unsuccessful bidder;, · We will, to the best of our ability, p&rform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations~ · We will not, directly or indirect[y, offer to give a bribe or otherwise channel kickbackS from contracts awarded, to government olficials, their fami[y members or business associates. We will not seek or expect preferential treatment or~ bids based on our participation in poEical campaigns. pubti¢ Life ';nd political Campaigns 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 aplflicab~e law and will comply with all requirements for public disclosure. Afl contributions made on behalf of the business must be reported to senior company management; We will not contribute to the campaigns, of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. · We will not knowingly disseminate false campaign information or support those who do. Company Name Corporate O~ficer BID NO: 10-03104 CITY OF MIAMI BEACH DATE: 12/19/03 153 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection, and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398. Definitions. (a) Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 154 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate), submits offers for is awarded,, or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent,, representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance, a Bidder or Proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (g) (h) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose debarment, Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (J) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. List of debarred contractors means a list compiled, maintained and distributed by the 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: (1) Compile and maintain a current, consolidated list (List) of all contractors BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 155 debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments, to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred, in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein, or other statutory or regulatory authority; (4) The effect of the debarment action; (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable; (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) (1) (2) The City's Procurement Office shall: (3) In accordance with internal retention procedures maintain records relating to each debarment; Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (d) Debarred contractors are excluded from acting as individual sureties. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 156 Section 2-401. Continuation of current contracts. (a) (b) (c) (d) Commencing on the effective date of this ordinance, all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below, except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. No further work shall be awarded to a debarred contractor in connection with a continuing contract where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contract. Section 2-402. Restrictions on subcontracting. (a) (b) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision by 5/7ths vote at a regularly scheduled meeting. The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid. Section 2-403. Debarment. (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12119/03 157 (b) and any mitigating factors should be considered in making any debarment decision. Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect engineer or general contractor; (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 158 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) (c) 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 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: (d) (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. No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. (e) BID NO: 10-03/04 DATE: 12119103 Hearsay evidence shall be admissible at the hearing but shall not form the sole CITY OF MIAMI BEACH 159 (f) (g) 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. 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. The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (i) (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested, or personal service, within ten (10) working days of the decision. All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the gJidelines set BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 160 (b) (c) (d) forth below, but in no event shall exceed five (5) years. The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 161 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 162 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 163 substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"), request for qualifications CRFQ'), request for letters of interest CRFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any bid. (1) Any protest concerning the bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. All actual bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b) Any bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not CITY OF MIAMI BEACH 164 (c) BID NO: 10-03/04 DATE: 12/19/03 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. ~ (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 protester 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 protester. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. (J) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's written recommendation for award of a bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor BID NO-' 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 165 and City Commission of any legal issues relative to any bid protest filed in connection with the bid in question. The determination of the City ManaRer and the City Attorney with regard to all procedural and technical matters shall be final. Section 2. Section 3. Section 4. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. 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: BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 166 ORDINANCE NO. 2002-3363 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: CITY SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. b. Each lobbyist ~ shall, before en.qaginR in any lobbying activities, submit to the City Clerk a ~ sit, ned statement under oath disclosinR the terms and amounts of compensation (to be) paid by each principal to the lobbyist with .qard to the specific issue on which the Iobb~ ~~b_~ ~ .... ~- ................. If no compensation has or will be paid concerning the subject lobby services, a statement shall nonetheless be filed reflecting as such. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 167 c. Any change to information originally filed shall require that the lobbyist )rincipal under subsection (b) above) The lobbyist principal) a continuing duty to supply accurate information and amend said reports when so needed. (b) (d) The city clerk shall notify any lobbyist (or principal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided is section 2- 485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. (-c=) (e) The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced above and or pay the assessed fines after notification. /,~/f~ A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ebhics 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: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 168 SECTION 3. SEVERABILITY If section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that he provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of May, 2002. PASSED and ADOPTED on Second Reading this 8th day of May, 2002. ATTEST: (Requested by Commissioner Matti Bower and Co-sponsored by Corn missioner Simon Cruz, Jose Smith and Richard Steinberg) ~ reflects changes between first and second reading. JKO\kw ~OV~D ~ ~"O F:A~'O\OLIJ\RES-ORD\2'48§.ORD.DOC r.~O~ & ~ BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 169