HomeMy WebLinkAboutTerminal Island Water Station
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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):
MACARTHUR CAUSEWAY 20-INCH WATERMAIN AND
TERMINAL ISLAND WATER BOOSTER STATION
INVITATION TO BID NO.: 50-02103
http:\ \ www.miamibeachfl.gov
romanmartinez@miamibeachfl.gov
Telephone: 305.673.7490
Facsimile: 305.673.7851
CITY CLERK
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
1
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.mlamlbeacl1ft.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ,. ~
City Manager Oq/'"' 0
Date: February 4,2004
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO AWARD A CONTRACT TO WIDELL, INC., AS THE LOWEST
AND BEST BIDDER, PURSUANT TO THE INVITATION TO BID NO. 50-
02103, FOR THE CONSTRUCTION OF THE MACARTHUR CAUSEWAY 20-
INCH WATERMAIN AND TERMINAL ISLAND WATER BOOSTER PUMP
STATION (THE PROJECT), IN THE AMOUNT OF $2,602,500; AND,
FURTHER AFFIRMING THE DEVELOPMENT REGULATIONS,
PURSUANT TO SECTION 142-425(a) OF THE LAND DEVELOPMENT
REGULATIONS APPLICABLE TO THE TERMINAL ISLAND WATER
BOOSTER PUMP STATION PROJECT SITE; CONVEYED BY FOOT TO
THE CITY OF MIAMI BEACH FOR THE CONSTRUCTION OF A PUMP
STATION AND CONVERTED TO GOVERNMENT USE (GU) DISTRICT,
PURSUANT TO SECTION 142-425(a) OF THE CODE OF THE CITY OF
MIAMI BEACH.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AMENDMENT NO. 12 IN THE AMOUNT OF
$287,507, TO AN EXISTING AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND CAMP, DRESSER & MCKEE, INC. (COM), DATED
JULY 21,1992, TO NOW PROVIDE ARCHITECTURAL, ENGINEERING
AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE
PROJECT.
ADMINISTRATION RECOMMENDATION:
To Adopt the Resolution.
FUNDING:
Funding for this Project in the amount of $4,003,870 is available from the $59 Million
Water and Sewer Bond-Fund 423, 424, 426, and 351 as follows:
341
CommissIon IIemonJndum . 2O-1m:h WateI'lIaIn on the MacArthur Csus_ay and TermInal Island Water Booater Pump Station Awam
February 4, 2lHU
Page 2
Estimated Total Prolect Cost
Description Fund Amount
AlE Plannina, Desian & Add'tl Services & Pennittina Fees 426 $ 316,293
CIP Proiect Manaaement Fee 426 $ 190,281*
Construction Cost (Widell Bid\ 244,426 $2,602,500
Proiect Continaencv 244,426 $ 260,250
Construction Administration Services (COM' 244,426 $ 287,507
Special Inspections Testing, Pennitting & Other 244,426 $ 42,900
Proiect Costs
Additional Allowance for Project Expenses (inct 426 $ 304,139
oarkina. and site constraints"\
Total $4.003.870
From the above stated funding, a total of $323,328 has been committed and paid to
date as follows:
. $316,293, for AlE planning, design, Additional Services, and permitting
. $7,035 for CIP Project Management Fee *
In addition, in order to complete the Project, the following has been budgeted:
. $183,246 for the balance of the CIP Management Fee.
. $2,602,500 for the Construction Contract with Widell
. $260,250 for the Project Contingency
. $287,507 for the Construction Administration Services (CDM Amend. No. 12)
. $304,139 for Special Inspections, Testing & Other Project Expenses (incl. site
constraints)
ANALYSIS:
On July 8, 1992, the Mayor and City Commission adopted Resolution 92-20540,
authorizing the Mayor and City Clerk to execute an Agreement with the firm of Camp,
Dresser and McKee, Inc. (CDM), to provide architectural and engineering services for the
upgrade of the sewer and water pumping stations, and to design a new Water Booster
Pump Station, to be located south of the MacArthur Causeway. The Agreement provided
for the work to be performed in three Phases: 1- Preliminary Design, 2 - Final Design, and
3 - Services during Construction.
The proposed Pump Station, to be located at Terminal Island, South of the MacArthur
Causeway is designed to increase the water pressure to Miami Beach, remedy the less
than optimum pressure condition that exists, and meet the increasing demands for water in
the City's South District.
I n September 1993, CDM essentially completed the Preliminary Design Phase for the new
Pump Station. However, due to spatial constraints, the building footprint was relocated
eastward of the existing site. This relocation resulted in changes to the piping configuration
and Additional Services to COM to perform the additional work.
342
Commission Memorandum. 2O-Inch Wat..- Main on the MacArthur Ca_yand Temrinallsl8TId Water SoosIW Pump StatJon Awanl'
Fflbtuary 4, 20IU
""~3
On April 6, 1994, upon completion of the Preliminary Design Phase ofthe Project, the City
Commission authorized COM to provide Final Design Services for the Pump Station, in
accordance with the recom mendations stated in the T erminallsland Water Booster Station
Preliminary Design Phase Report dated 1994.
On June 6, 1995, the Pump Station Design, prepared by Zyscovich, Inc., was presented to,
and approved by the Design Review Board (ORB). The proposed facility consisted of the
installation ofthree (3) pumps within a structure, comprised of three (3) glass walls and one
(1) poured concrete wall. Following the approval by the ORB, COM proceeded with the
Design Development of the proposed Pump Station, which was essentially completed in
1996. However, the one (1) year term of the ORB approval expired on June 6, 1996. The
Pump Station construction was delayed for two reasons. First, the City's negotiations to
obtain the land rights from the Florida Department of Transportation (FOOT), the land
Owner, took longer than anticipated; and was finally granted in October 1999. Second, the
City decided not to design the extension of the 20-inch Water Main on the MacArthur
Causeway with in-house staff, which also contributed to the delays. The Pump Station
portion was bid as Alternate No.3 in the Bid awarded to Felix Equities, in February 1999,
for the Water and Wastewater Pump Stations Upgrades Project. However, the alternate
was not awarded to Felix Equities Inc., because of the land ownership issue and due to the
decision to combine the Pump Station with the associated 20-inch Water Main, (the
Project).
In 2000, the City formally re-packaged the Pump-Station into a new stand alone project
with the inclusion of approximately 2,600 linear feet of 20-inch water main from the Booster
Station to the mainland, and east to Alton Road. The revised Scope of Work for the
construction documents included the relocation ofthe Pump Station to the land granted to
the City by FOOT; the Civil, Mechanical, HVAC, Electrical, Structural, and Architectural
components of the Project; design the 20-inch water main on the north side of the
MacArthur Causeway from the T erminallsland stub-out to the 20-inch water main on West
Avenue; and had to include Geotechnical investigations and Survey. From 2000 to 2003
the project was in the design process which included several modifications as well as
adjustments to the relocation of the building and re-submittals to the ORB.
Bid Analvsis:
On July 11, 2003, the Project permits and pre-approvals were obtained. On October 3,
2003, Invitation to Bid No. 50-02/03 was issued by the City, via BidNet, for the construction
of the 20-inch Water Main on the MacArthur Causeway and Terminal Island Water Booster
Pump Station Project. A Pre-Bid Conference was held on October 21,2003. Subsequently,
four Addenda were issued to address the numerous questions from prospective bidders.
One of the Addenda also postponed the Bid-opening date to January 6, 2004. Notices
were sent to prospective bidders, resulting in the City's receipt of eight (8) responsive bids,
on January 6, 2004, as follows:
343
CommIssion IIemot8ndum - >>Inch Wet... M81n on the IllacArthurCe..-y end TlImIlnell&lend We'" Boost... Pump smtIon AW&rd
FWJtuary 4. 2O(U
PlIge 4
BID TABULATION
Company Lump Sum 1 Lump Sum 2 Lump Sum 3 Grand Total
(Terminal (20-inch Water (Site
Island Pump Main) Landscaping)
Station \
Widell, Inc. $2,013,200.00 $564,800.00 $24,500.00 ....$2,602,500.00
MCM $2,070,000.00 $634,000.00 $20,200.00 $2,733,200.00
Metro Equipment $1,516,500.00 $1,245,000.00 $5,000.00 $2,766,500.00
Service, Inc.
Intrastate $2,093,232.00 $788,883.00 $7,585.00 $2,889,700.00
Construction Corp.
The Tower Group $2,071,000.00 $812,650.00 $9,600.00 $2,893,250.00
Globetec Construction $2,216,000.00 $820,000.00 $15,000.00 $3,051,000.00
Gilbert Southern Corp. $2,216,000.00 $820,000.00 $15,000.00 $3,051,000.00
Danella Companies, $3,189,662.00 $1,603.894.00 $53,148.00 $4,846,704.00
Inc.
** Bid Amount may be reduced (by $104,000) to $2,498,500 if Widell, Inc., is issued the
two Notices-to-Proceed simultaneously on both the MacArthur Causeway 20-inch Water
Main Project, and the Waste Water Pump Stations Upgrade Project (awarded on January
14,2004).
The CIP Office, with the Procurement Division, and CDM, the City's Consultant, have
evaluated the responses to the Invitation to Bid No. 50-02103 (Attachment "A"), and
determined that Widell, Inc., is the lowest and best bidder.
Widell is also the Contractor selected to complete the Water and Waste Water Pump
Station Upgrades Project, previously undertaken and defaulted on by Felix Equities, Inc.
(FEI). Widell's ability to provide the City with a more competitive Bid price for the MacArthur
Causeway 20-inch Water Main and Terminal Island Water Booster Pump Station Project,
is evidenced in their letter submitted to the Procurement Division priorto the opening of Bid
No. 50-02/03 for the MacArthur Causeway 20-inch Water Main and Terminal Island Water
Booster Pump Station Project (Attachment "B"). The letter offers a credit of $1 04,000, to
be applied to Bid No. 50-02103, if said bid is awarded at the same time as Bid No. 10-
02/03, for the Water and Wastewater Pump Station Upgrade (replacement of FE!
Contract).
The acceptance of Widell's offer is in the City's best interest, and the credit applies
344
Commission ~dUm. 2O-Inch Watwl/laln on Ihe MacArthur Ceuseway end renn'ne"s/end Water Booster Pump SteUon Awent
FebnJery 4. 2DtU
Page 5
provided that the Notices-to-Proceed for both Projects are issued simultaneously. In letting
the Projects together, Widell has the potential to provide more competitive prices on items
such as mobilization, material storage, and off site parking for the already limited Terminal
Island Water Booster Pump Station site. Since Widell is the lowest and best bidder
regardless oftheir $104,000 credit offer, the deduct is allowable pursuantto bid terms and
provisions, Item No. 33 of the General Conditions, labeled "Value Engineering".
The Scope of Work includes the fumishing of all materials, labor, equipment, supervision,
mobilization, overhead & profit required to construct a new water booster pump station with
two (2) 250-HP vertical turbine pumps, squirrel cage induction motors, variable frequency
drives and all related fittings and appurtenances. Electrical controls with 400 KV A 3-Phase
emergency generator connections, control panels, all housed in a two-story structure with
an aluminum framed storefront window system, related HVAC system, and remote
connections through SCADA circuits to the Central Office Control Room at the Public
Works Operations Yard, located at 450 Dade Blvd. The Project also includes installation of
the associated yard piping, which consists of approximately 325 linear feet of 3D-inch pipe;
the site landscaping; and the station's associated 20-inch diameter water main, to be
suspended along the north side of the MacArthur Causeway for an approximate distance of
2,600 linear feet, where it will connect to the City's existing water distribution system at the
intersection of West Avenue.
Construction Administration Services:
The City has negotiated with COM, the fees for the Construction Administration Services.
Concurrent with the recommendation to award the construction contract to Widell, Inc., the
Administration recommends the approval of Amendment No. 12 to the existing Agreement
between the City of Miami Beach and CDM dated July 21, 1992 for Professional Services
for the Upgrade of Sewer & Water Pumping Stations and a new Water Pumping Station at
the MacArthur Causeway, to now provide the necessary Architectural, Engineering and
Construction Administration Services for the MacArthur Causeway 20-inch Water Main and
Terminal Island Water Booster Pump Station (the Project).
COM's responsibilities under the Amendment No 12, (Attachment .C") for Construction
Administration Services will include, but are not limited to, the preparation and delivery of
As-Bid Contract Documents, attending pre-construction conferences; attending weekly
construction meetings; attending on site meetings; preparing status reports; reviewing and
making recommendations regarding the contractor's request for changes to the
construction cost and/or schedule; reviewing shop drawings, samples and submittals;
performing field observation and reporting services by the design engineer; performing
project quality controVmanagement; monitoring of the construction activities by a Resident
Project Representative; reviewing quantities installed, payment applications and schedule;
coordinating equipment start-up and providing assistance; performing project close out
activities, warranty administration; and preparing record ~rawings.
The Contract Documents specify that the work shall be substantially completed within four
hundred and twenty (420) calendar days (approximately 14 months) from the issuance of
345
Commlulon ......orandum - 2O-Inch Water Main on thellacArthur CaUS8Wl1)' and Tennin/J/ Island Water Booster Pump StatIon AwarrI
February 4, 2tKU
Page 6
the second Notice to Proceed, and finally completed within sixty (60) calendar days
thereafter, for a total of approximately sixteen (16) months. COM's Construction
Administration Services Agreement with the City shall be provided concurrently with this
schedule, for up to twenty (20) months, (allowing two (2) months for the Notices to
Proceed, and an additional two (2) months contingency for potential changes to the
construction schedule). If additional services are required due to delays in the construction
they will be addressed at that time. COM's Notice to Proceed shall be contingent upon the
execution of the construction contract for the Project.
The Contractor will be required to provide a Maintenance of Traffic (MOT) Plan for the
installation of the water main, and to maintain access to the Coast Guard facility during the
construction of the pump station. The City's Fleet, Sanitation, Parking, and CIP
Departments have coordinated the use of the site during the construction. The Parking
Department will implement a decal parking program for City employees throughout the
duration of the construction.
CIP staff has held several meetings both on, and off-site, with several entities, including
Bernuth Agencies, Inc., (shipping company), Sun Terminal (shipping company), Fisher
Island Community Association, Miami Beach Transportation Management Association
(BTMA), The Bentley Group, and the US Coast Guard. These meetings were held to
develop a coordinated plan with all entities that may be affected by the construction, and to
organize the use of the site construction "work zone" and parking areas.
Affirmation of the land Development Reaulations:
The Planning Department staff reviewed the criteria for the development of the site and
made a recommendation to the ORB. Pursuant to Section 142-425(a) of the Land
Development Regulations applicable to the Terminal Island Water Booster Pump Station
Project site, as set forth in the Planning Department Memo dated March 17, 2003
(Attachment "0"), the Project was found to be in compliance with those regulations ofthe 1-
1, Light Industrial District, as they pertain to:
e Setback Requirements
. Floor Area Ratio (FAR)
. Maximum Permitted Height
. Minimum Lot Area and Width Requirements
. Parking Requirements
Since the site was conveyed by FOOT to the City of Miami Beach for the construction of
the pumping station, it was converted from the "Light Industrial District" to Government
Use (GU) District, pursuant to Section 142-425(a) ofthe City Code. On March 18,2003,
since the previous ORB approval had expired, the Project was presented for a second time
and approved by the ORB.
Based upon the abovementioned criteria, the Administration recommends the award of the
construction contract to Widell, Inc., for the construction of the MacArthur Causeway 20-
346
CommIDlon IIemot'andum - >>Inch WateI" .'n on the MacAJthur Caus8WlI)' end TsrmllllJlls/lt1ld Watw BoosI8r Pump Ststlon Awsnt
FebnJsry 4, 201U
PIJf1f'7
inch Water Main and Terminal Island Water Booster Pump Station, in the amount of
$2,602,500; the execution of Amendment No. 12, in the amount of $287,507, to the
Agreement between the City of Miami Beach and Camp Dresser McKee, Inc. dated July
21, 1992, to now provide Architectural, Engineering and Construction Administration
Services for the Project; and the affirmation of the Development Regulations applicable to
the site.
JMG/RCMrrH/GUJGG/JC/ARlCD/cd
Attachments
T:\AGENDA\2004\Feb0404\Consen~TERMINAL ISlAND AWARD MEMO.doc
347
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO AWARD A CONTRACT TO WIDELL, INC., THE
LOWEST AND BEST BIDDER, PURSUANT TO THE INVITATION TO
BID NO. 50-02/03, FOR THE CONSTRUCTION OF THE MACARTHUR
CAUSEWAY 20-INCH WATERMAlN AND TERMINAL ISLAND WATER
BOOSTER PUMP STATION (THE PROJECT), IN THE AMOUNT OF
$2,602,500; AND, FURTHER AFFIRMING THE DEVELOPMENT
REGULATIONS, PURSUANT TO SECTION 142-425(a) OF THE LAND
DEVELOPMENT REGULATIONS APPLICABLE TO THE TERMINAL
ISLAND WATER BOOSTER PUMP STATION PROJECT SITE;
CONVEYED BY FOOT TO THE CITY OF MIAMI BEACH FOR THE
CONSTRUCTION OF A PUMP STATION AND CONVERTED TO
GOVERNMENT USE (GU) DISTRICT, PURSUANT TO SECTION 142-
425(a) OF THE CODE OF THE CITY OF MIAMI BEACH; SETTING AN
EFFECTIVE DATE.
WHEREAS, funding for the Project in the amount of $4,003,870, is available
from the $59 Million Water and Sewer Bond Fund 423, 424, 426, and 351; and
WHEREAS, on July 8, 1992, the Mayor and City Commission adopted
Resolution 92-20540, authorizing the Mayor and City Clerk to execute an
Agreement with the firm of Camp, Dresser and McKee, Inc. (CDM); and
WHEREAS, the Agreement was to provide architectural, engineering
services for the upgrade of the sewer and water pumping stations, and to design a
new Water Booster Pump Station on the Mac Arthur Causeway; and
WHEREAS, the proposed Pump Station, was to increase the pressure to the
mainland, remedy the less than optimum pressure condition that existed, and meet
the increasing demands for water in the City's South District; and
WHEREAS, on April 6, 1994, upon completion of the Preliminary Design
Phase, the City Commission authorized CDM to provide Final Design Services for
the Pump Station; and
WHEREAS, the Final Design Documents were to be completed in
accordance with the recommendations stated in the Terminal Island Water Booster
Station Preliminary Design Phase Report dated 1994; and
,
348
WHEREAS, on June 6, 1995 the Pump Station Design, prepared by
Zyscovich, Inc., was approved by the Design Review Board (ORB), and COM
proceeded with the Design Development of the proposed Pump Station; and
WHEREAS, in 1996, the Pump Station design, essentially completed, was
delayed by the City's negotiations with the Florida Department of Transportation
(FOOT) to obtain the land rights, and the City's decision not to design the
associated 20-inch Water Main in-house; and
WHEREAS, the T enninallsland Pump Station Project was combined with the
associated 20-inch Water Main, to be bid as one Project at a later date; and
WHEREAS, in 2000, the City removed the Terminal Island Pump Station
from the Water and Wastewater Pump Stations Upgrades Contract with COM, to
combine it with the associated MacArthur Causeway 20-inch Water Main, and
repackage the two as one Project (the "Project) ; and
WHEREAS, COM's revised Scope of Work, for the construction documents,
was to reflect the relocation of the Pump Station to the land granted to the City by
FOOT in October 1999, and the associated 20-inch Water Main; and
WHEREAS, on July 2003, the Project permits and pre-approvals were
obtained; and
WHEREAS, on October 3, 2003, Invitation to Bid No. 50-02/03 was issued by
the City for the construction of the MacArthur Causeway 20-inch Water Main and
Terminal Island Water Booster Pump Station; and
WHEREAS, on January 6,2004, the City received eight responsive Bids, and
the City's Consultant - COM, the CIP Office, and the Procurement Division reviewed
and evaluated the responses, obtained references, and determined that Widelllnc.,
is lowest and best bidder; and
WHEREAS, Widell is also the contractor selected to complete the Water and
Wastewater Pump Stations Upgrade Project, previously undertaken and defaulted
on by Felix Equities, Inc.; and
WHEREAS, Widell's letter dated January 6, 2004, offers a $104,000 credit
for the Project, if both Notices-to Proceed for the Water and Wastewater Pump
Stations Upgrade, and the MacArthur Causeway 20-inch Water Main and Terminal
Island Water Booster Pump Station Projects are issued simultaneously; and
WHEREAS, the deduction is allowable pursuant to the tenns and conditions
of the Bid, and Widell is the lowest and best bidder regardless of the $104,000
credit offer; and
349
WHEREAS, the Planning Department staff reviewed the criteria for the
development of the site, and made a favorable recommendation to the Design
Review Board (ORB), and on March 18, 2003, the Project was approved by the
ORB.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section One. The Mayor and City Commission approve and authorize the
City Manager or his designee to award a contract to Widell, Inc., as the lowest and
best bidder, pursuant to the Invitation to Bid No. 50-02103, for the construction ofthe
20-inch Water Main on the MacArthur Causeway and Terminal Island Water
Booster Pump Station (the Project), in the amount of $2,602,500; and, further
affirming the Development regulations, pursuantto section 142-425(a) of the Land
Development Regulations applicable to the Terminal Island Water Booster Pump
Station Project site; conveyed by FOOT to the City of Miami Beach for the
construction of a Pump Station and converted to Government Use (GU) District,
pursuant to Section 142-425(a) of the Code of the City of Miami Beach.
Section Two.
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this
day of
,2004.
ATTEST:
MAYOR
CITY CLERK
T:\AGENDA\2OO3\oct.l503\ccmsc::nt\GUARDHOUSB AWAltD-ItHSO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
AJ/ JJtfl A ,#1--- 1- ut-() Y
.I~ 0818
350
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 12, IN THE AMOUNT
OF $287,507, TO AN EXISTING AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND CAMP, DRESSER & MCKEE, INC. (CDM),
DATED JULY 21, 1992, TO NOW PROVIDE ARCHITECTURAL,
ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES
FOR THE PROJECT IDENTIFIED AS THE MACARTHUR CAUSEWAY
20-INCH WATER MAIN AND TERMINAL ISLAND WATER BOOSTER
PUMP STATION; SETTING AN EFFECTIVE DATE.
WHEREAS, funding for the Project in the amount of $4,003,870, is available
from the $59 Million Water and Sewer Bond Fund 423, 424, 426, and 351; and
WHEREAS, on July 8, 1992, the Mayor and City Commission adopted
Resolution 92-20540, authorizing the Mayor and City Clerk to execute an
Agreement with the firm of Camp, Dresser and McKee, Inc. (CDM), to provide
architectural, engineering services for the upgrade of the sewer and water pumping
stations, and to design a new Water Booster Pump Station on the Mac Arthur
Causeway; and
WHEREAS, the proposed Pump Station, was designed to increase the
pressure to the mainland, remedy the less than optimum pressure condition that
existed, and meet the increasing demands for water in the City's South District; and
WHEREAS, on April 6, 1994, upon completion of the Preliminary Design
Phase, the City Commission authorized CDM to provide Final Design Services for
the Pump Station; and
WHEREAS, the Final Design Documents were to be completed in
accordance with the recommendations stated in the Terminal Island Water Booster
Station Preliminary Design Phase Report dated 1994; and
WHEREAS, in 2000, the City removed the Terminal Island Pump Station
from the Water and Wastewater Pump Stations Upgrades Contract with CDM with
the intent that it be combined with the associated MacArthur Causeway 20-inch
Water Main, repackaged, and bid as one project (the .Project"); and
WHEREAS, CDM's,revised Scope of Work, forthe Construction Documents,
was to reflect the relocation of the Pump Station to the land granted to the City by
FDOT in October 1999, and the associated 20-inch Water Main; and
351
CITY OF MIAMI BEACH
m
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\www.miamibeachf!.gov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID-NO. 50-02/03
".. ADUENDUMNO.l
November 10,2003
MACARTHUR CAUSEW A Y2(J~OOW A TERMAIN AND TERMINAL ISLAND WATER
BOOSTER ST AnON is amended as follows:
I. The Bid Opening date is changed from November 14 to November 21, 2003 at 3:00
P.M. Additionally, the last day for questions has been changed from October 31,2003
to November 13, 2003 at 5:00 P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
rm
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 50-02/03
ADDENDUM NO.2
November 18, 2003
MACARTHUR CAUSEWAY 20-INCHWATERMAIN AND TERMINAL ISLAND WATER
BOOSTER STATION is amended as follows:
I. Bid opening date has changed from November 21 to November 24, 2003 at 3:00 PM.
II. The following are questions and answers from prospective bidders.
Q. 1 At the Pre-Bid meeting held on 10/21/03, a question was raised regarding additional
"laydown" area at the Booster Pump Site, Please confirm the area the contractor will have
available.
A. The area available to the contractor to perform the work is indicated in the "survey
site plan." It includes the "CMBIFDOT Quit Claim Deed or 18947 PG. (46-49) 47'
X 51', Date 10/06/99", an area of approximately 1 0 feet surrounding the deeded
area, and the area for the yard piping installation. Contractor must secure, any
additional area required for the storage of equipment or materials, as needed.
Q.2 The Prevailing Wage Rate Ordinance (Proposal page 100) has been included in the Bid
Documents. The Ordinance specifically states, 'this Ordinance shall not apply to the
following projects: a: water". Do the Prevailing Wage Rates published apply to this water
project?
A. The Prevailing Wage Ordinance does NOT apply to this Project. Delete pages 101-
104 of the front-end documents.
Q. 3 The Applicable Law and Venue paragraph contained in the Proposal in Paragraph 6.10 on
page 49 is not totally clear. We interpret this paragraph as stating any court action is
enforceable only in Miarni- Dade COlIDty, a trail with a jmy for civil litigation is not permitted;
therefore only a trial by Judge is allowed; and this applies to all subcontractors.
A. Please refer to the Bid Documents: Contract, Paragraph 6.10, and note that all
parties, including the City, are bound to these conditions.
Q. 4 Proposal paragraph 32 on page 82 has made the contractor fmancially responsible for all cost
for other utilities including support, protection and relocation. Since the scope of this work
can not be totally defined, we request that an allowance item be added to the Proposal to
cover these unknown costs.
A. The Bid Documents remain unchanged. No Allowances are included. The Scope of
work is defined, and utilities are indicated according to the available records.
Q. 5 Specification 01030, Paragraph Ll8.B notes an allowance for reimbursement to the
Contractor for charges by FP&L to furnish and install all new electric feIVices and
transformers. We did not see the allowance on the Bid Form. Please add the allowance to
the Bid Form.
A In the Bid Documents, the following changes are in effect:
. In the Specifications, Section 01030 Special Project Procedures, paragraph
1.18, titled "POWER", delete subparagraph B in its entirety (no
replacement), and chanee paragraph C to B.
. In Section 16000 Electrical - General Provisions, paragraph 1.07 Service
and Metering, subparagraph B, delete the words "Furnish and" and "wire,"
and add the words "(provided by FPL)" after the words "connectors, etc."
. On Sheet E-2 ofthe drawings, delete the words "(SEE SHEETE-I0)", one
location, no replacement required
Q. 6 Drawing A-6 shows a break metal cover over the tube columns and beams. However we
are unable to find a specification that covers this work we believe you would want the
Storefront package to include this work so the colors would match, but this work is not
noted in Specification 08400. Please clarify this issue.
A. On Sheet" A-6" add note: The break metal covers at the storefronts should be
included in the storefront package, and the color of the break metal should match
that ofthe storefront system as well.
Q. 7 In the Bid Documents we have found several items of work for which specifications have not
been included. Please provide us with specifications for this work to avoid possible future
problems. Our list includes the following:
A) VCT flooring and vinyl cover base, drawing A-2
B) ABC fire retardant plywood backed boards, drawing A-5
E) 5/8" fire retardant plywood backer boards, drawing A-5
F) Roof Hatch, Drawing A- 7
A. Modify the Bid Documents as follows:
A) VCT Flooring to be "Essentials' Vinyl Composition Tile by Mannington
Commercial, 12" X 12", 1/8" Gauge, color 112 Pewter, or equal. Base, 1/8"
Thick, Color, 28 Medium Grey.
B) ABC Fire Extinguisher to be ABC dry chemical, commercial grade with
metal valves, 100bs. Capacity, by Larsen or equal.
C) 5/8" Type "X" Gypsum core wall board to comply with ASTM C36/C, Type
X, 5/8" thick, 4' X 8' dimension, by National Gypsum, or equal. Gypsum
wall board is to be installed in accordance with the manufacturer's
recommendations. Metal furring channels to be galvanized steel and in
compliance with ASTM C645, installed at 16" O.c. by National Gypsum, or
equal. Furring channels at walls and ceilings to be installed in accordance
with the manufacturer's recommendations.
D) Insulation inside the electric room to be rigid foam extruded polystyrene
insulation by Owens Corning, or equal.
E) Backer Boards specifications per drawings.
F) Refer to Specifications Section 05500, Article 2.08 for Roof Hatch.
Q. 8 Specification 02360, Drilled Pile, is different than the Auger Cast Piles recommended by the
Soils Report. The Drilled Pile Specification is drilled shaft (Caisson) Specification, not
Auger Cast Pile Specification. Please confirm this is the correct Specification.
A. The Drilled Pile specification is drafted for the installation of auger cast piles.
Q. 9 Specification 02360, paragraph 3 -02.B, calls for temporary casing through the length of the
pile. This is not customary for Auger Cast Pile. Is casing required?
A. In Section 2360 Drilled Piles, paragraph 3.02 B, add the words "if the hole cannot
be maintained at the spe cified diameter", before the words "the drilling operation"
Q.lO Specification 02360, paragraph 3 -02.C, calls for the holes to be flushed and the grout to be
placed with a tremie pipe. This is not normal for Auger Cast Pile. Auger Cast Pile, are not
flushed and the grout is placed through the auger. Are these installation operations required?
A It is acceptable to place the grout through the auger.
Q. 11 Specification 02360, Paragraph 3.02.D, calls for pressure grouting at 5-ft intervals as the
casing is withdrawn. Since the grout will be liquid and have a 5- ft head, is pressure grouting
required? If it is required, please explain how pressure grouting is done while the grout is
liquid.
A. Pressure grouting will not be required. In Section 02360 Drilled Piles, delete
paragraph 3.02 D in its entirety.
Q. 12 During the Pre-Bid meeting held on October 21,2003 the following clarifications were
requested by prospective bidders:
A) "Minimwn Requirements"
B) Location of the water table below grade.
C) Location of seawall tiebacks.
D) Does Liquidated Damages take into account Consultant Compensation?
A. A)
The Minimum Requirements have been amended as follows:
After the words "where the Bidder", add the words "or its
Subcontractor(s)", and add the words "or its Subcontractor(s) before the
words "must have experience in structures"
The water table location, as shown on the borings, .!!!!! approximately 7.5
feet below land surface at that time.
B)
C) The existing seawall is approximately 30 feet away from the proposed pump
station structure. Therefore, it is not anticipated that the construction ofthe
pump structure will be in conflict with, or affect, any seawall tiebacks.
Contractor should protect the existing seawall, as noted on the Piping Plan
on sheet C-l.
D) The "Liquidated Damages" that have been included in this Project take into
consideration the Consultant's additional fees (per day) for services
rendered after the scheduled substantial and final completions.
Q. 13 For the installation of the 20" water main, we would like to know if the installation could be
performed from the bridge, by closing one lane or will the installation need to be performed
with a barge on the water, and what would be the requirements. Also, we need to know the
working hours.
A. The contractor shall determine the installation method, via land or water. The
former, is subject to FOOT Permit No. 02 H 690 0180 (attached), for the latter
method, the contractor to comply with applicable permit requirements.
Q. 13 b) What class of DIP shall be used both below ground and hanging from the Causeway, I
have found in the specifications, one place calling tOr pressure CL250 and another pace
calling for pressure CL350. It has always been our impression that the City has required
class 52?
Q. 13 c) What type of joints are to be used. Civil sheets call out Mechanical Joint pipe, while the
Structural sheets call out Fast-Lok. MJ pipe is no longer available 16" and larger. As well,
we believe that the Fast-Lok is now obsolete and has been replaced by flex-ring.
Q. 13 d) Specifications call for G II 0 fittings. This is fine for flanged figs. In the Booster Station
However, it has been our experience that the City requires C-153 Mechanical Joint Fittings.
C-153 are more readily available and much more cost effective.
Q. 13 e) Please confirm the requirements for the ductile iron pipe hung from the bridge. On drawing
S- 5, Note 1 calls for an Integral Restmined Joint as Lok- Fast as manufactured by American
Ductile Iron Pipe or equal. However, Lok- Fast is not listed as a type of pipe. Specification
02600, Paragraph 2.02.C notes the pipe to be Lok-Ring by American Cast Iron Pipe.
However, Lok Ring is only made in pipe sizes 42 inches and larger. We believe you want to
specifY Flex Ring pipe. Please confirm the Pipe Specification Requirements.
Q. 13 f) Specification 02600, Pamgraph 2.01.8 states that the "Ductile-iron pipe for above ground
service or below ground concrete pits shall meet the requirements in Section 15062." This is
a flanged joint pipe specification. Please clarifY if this applies to the pipe hung on the bridge.
It conflicts with the note on Drawing S-5.
Q. 13 g) Note 1 on Drawing S- 5 calls for the pipe on the bridge to be Asphalt Coated. However,
Specification 02600 and 15062 have Division 9, Painting, listed as Related Work. Please
clarifY if the pipe is hung from the bridge is Asphalt Coated or Painted. Also clarifY the
requirements for the Asphalt Coating or Painting System to avoid confusion.
A. Section 02600, Yard Piping:
Paragraph 1.05 A, change the words "one minute" to "ten seconds per A WW A
CI51."
Paragraph 2.01C, delete the words "cast iron or"
Paragraph 2.01 C, replace the words "of 150 psi" with, "matching the pressure class
ofthe connecting pipe and meets the requirements of A WW A Cll 0."
Paragraph 2.02 A, delete the words "and above ground".
Paragraph 2.02 C, replace the words "Lok-Ring" with the words "Flex Ring"
Section 15062 Ductile Iron Pipe and Fittings:
Paragraph 1.01 A, add the \\Ords "and piping attached to the bridge structure" after
the word "piping"
Paragraph 2.01 B. 1, add the words "in the water booster pump station" after the
words "iron pipe."
Paragraph 2.01 B, add, " 7. Piping attached to the bridge structure shall be Flex-
Ring by American Cast Iron Pipe Co. or equal."
In the drawings, on sheet S-5:
Replace the words "Lok-Fast" with the words "Flex Ring."
In the material notes, delete the words "Class 50" and "asphaltic coated"
Replace Section 03500 Schedule of Suppliers with the new Section 03500 enclosed.
In Section 16370 Variable Frequency Drives, paragraph 1.03 G after the word
"Robicon" add the words "no substitution is permitted. Alternate suppliers may be
considered under the provisions in Section 01630."
Q. 14 On the Electrical Details (Sheet E- 8), the following Precast Items are indicated.
specifY the quantities for the following:
. Brooks 660 Precast Manholes (6 X 6 X 6)
. Brooks 300 Pullbox (4 X 4 X 4) w/Galv. Frame & Cover
. Conduit Stub Monuments (Brooks Duct Markers)
. Ground Rod Test Wells (Brooks 1- SP Round Boxes)
A. Refer to E Sheets for precise quantities.
Bidders are required to acknowledge this addendum on proposal page 123, "Acknowledgement of
Addenda", or the bid may be considered non-responsive.
Please
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
<:<Brst
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MCf.;JS 'l'C'
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Tc,pic No.: 710.0:20.Q01-d
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'J:iiit) Ar;t~i;t'l'\tr".l~~, ?.J'I>Q tl'lt:n .JP~;/l;;; .~11
!1:!TiOyt;l:' si:.f! be at t~ Pt;rmltt'!ro'~ lts S.?W ct."'&t sr.o e)l:p=nl~
:J!drt'{or M'I'y-Cr<C 1N'itM,r ~h-t: p,:;:rrn:F~d C'on~:mC'J(>>J ii.'l%i'!'!. thB Ul!l1:y shan ifi'.rr,etiM~l> ceas~. ~rK arT;:; nnny {f'A ;;"UC 1
anlj '1.<;'ltftl ',he PE~l'rT~E cf ..-\f~y w$pt,"f',.si(tn:y ((:'tc~tiQ(fOf \>"'10 :>err.lrt t1ntll <:nntllm:iatOl1ilS",C:;,i,t:"nl)lll 0;:\1
$:;7.. r:l(j Pl\lu:\n ArJ!r;1ll!'l.tt8~h.'~ COOl;! D.?:l:: c:reG~i:.tctt i>:t ;;1 '$i5te ~'Ji::tHeqwOr;HiCrit:')t .t(t9,.;,bio-ry :'l:1er--;t:;e:
ft")t r!SsumptJQf1 oj walk,
Utility Permit form
Page 1 of 2
j Ul-DE-C3
CZ:3SAM
~RG*~C~ffn Dres~e & M~{e!
~O;372G1C;
'[-032
P.' t'1,,"/n:-.!::
.,U;l~ "OJ"
F~27S
",..,<>.,110-020-001<1
.At":cOfrUnodHt.1on Manual
._,,,__~_.w_-"W'-'~--'-'_-'-"h""_"~'
J;lnu;;ry 199r,
______ __~. Olf~~'!!'i'.$
QJri'''l) e"!(c..";"J-t:c', cpr.;K;li;:;ns. 3r, Vi.H;)itB tSf.t:-csefl~;)lh;f'!'
('.;oPI;)l:.f' OJ~;'ed: tJ";pchlfe ,,1
;:"'it~1idrlt:o ~2~ct:-:;(~ :';;;;.401{2\
Oei."a.b--!tf'lt IT<$Y ,tti~~r-l ~~"iU.ro:tYJ;:
i"nr:;.,}e".'1: ~p ~~c-;;t '.:~' j:; ;:' -=02 ~;tJJ;~!,. \','hen <1n',~
Cf 'cCll,r Gl tl 'cr,3U.H~ tFt S1J'.:-M.; ~4~-e j~
::~m4t;1 (f) ,~ :::;{ldto:~ t,dN': Sl-.:;;t1
;:;'.-\-""!(:f ~JIl!!u t I; ;:;.<"0....:$:110(;1 ,)f s :;~~7 ,4,{''J-4
~,p ;$;>et-'-i::ii .f:'DC'l ii-n-tr'\iC'';Cr:'';:
fCi}crtt;nn tf";c !:C:flO\...it'!!,":a~{vt(ii?'E ,,'4;&. m:-,pe.::t Ie thcv O~ !;;c:Uliee: ph1t!,icai':f
a'1dj'r! iJ.tr:~1 !~f'j;;t[;'S <:1.1:> C~~r,lec f\GCC'(~s.'I) \(: aid ::on~!!l;c1m'J
"I~ fer ,j:;J~.:Jgl';< rf,':-;~Jltlf'lg {rom lhe- ~~'J)r'"i^:.e nitre ootm;cr"o
;~-:,w;:i::r~h "f !hlr.s~b5CCiCj'lOt ~l~'/ Ide- Of l'f('ii'l'r i5;;~..fed p. f;;.J\1f;fe-O ;r'!'; WlJ"";I.,a~i tt;l'~H:U
tCOCC;'if tJubidy t~v.,~j ~~ltcCtj;dClf t$ nsrr:a;::;~::1 ('If.t';1P;;)~: if! Jf'I'f "~3Y b~c:rUJ:E c:; :h~:i"i$WC;;Hicf':,
tt:~y...on-l?{ ::1 ~"1e s";~Il.;Jt t::is C>" ht;F tJ'tr.: re!;t~e t~ t,;,;ad Of 'JUDfr:iv ,-,'-\-nt...;
f3:i~ to ~a:~e :SHd! !~le HtJtf;{Yity '.6. i'l'uth;~r;z-txd to :;;0 :)n::! d1~!;e :r,e !~':)Sf t"arflo{ a{'.(k~$t \t":
~'____,.~,m__'''~__'_''''''"''H~~~''''W,_____'__'_'_~~._N'____''''_"'__"w_"~u '''_'H''~''"'~''_'_'"~__"_~.
o,_~_______^"_,_,,,__'_"'""'''''".''''~'~'''''-'-'~___'W'.''_''" --....,,----^,,--~-
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";0
vl:iL~ty;;od ::!:;:rC ~gt~e~~ that cr:r1'1",('/'ctrrent DV 1he P.:-HMrJrEE IS $Ck!;OWi€:dJroon~af'l,j :::m:;:ept)rK~ cf 1t1e t;ndlr1$ !"!otV(f: c' ~!j the abO'\t'e lili'.m:J j')ilfrti,1 corQilonr. ;;:md
'fl&tlW;.t:l(),"~
;tw O;;tfuw :.>i~r\(~ll;.,,,(:.,the P-erfiif!tc{' hefetlv f6pt.;a;:;~"!r.1S Iha1 1'\0 e~'{lJ~9~m tta3 FD(),7'!, :t,\,J!'l;.1arr! Unit)< PeITn;~ tom\, <1':$- it'C~-::f'.,HtJ tJ, n:Jen>>y~'(! into R\.ih; 14.;ij5,C;P, fOt
I etfr11 no,,- ~';D ff\JCe ;.>jr..::;t) "~ll, q~ :'{j", j \i"eV"c.;s.J{ ,:;a €!C t': (rt: ;::;:I:-1",t ~~ ,..,>< tl:.: i-D",,'";- l;']:l'J "l:elf"> !.e.:: Ie elY the:k ,YJ :h:o/9 prOpfl:z.tc box e.c'cw) -""y Cl tte-psrroo
J.}l't!...)f'l ~ Ute,", J~(",.,t t,.:!"!"Y,lo; /'!;; "!11 ~lar:9c~ ;;rt~ If'~~ NanNl im~ r:Jtcd ,1POt-DV3 of 1~Jf: FCC'; :;;:~ I'\ei"~ V7:;lIi2re nmI(;"': ;tl:rtr.1;,. , ~~.t'J9 clt:.mgE!s t:: the ~unc3,t.-l\)'n'?
.,,) . ,l!:~ fY,.s._ r",go"""~~~/.e~ -#
"~",M'1;{ E _t\jc.,~~L,. ~_ t _ SI;::t;A1UR~ ~.v.~ :;IA~. / /!'2-
, N;\'ne ~ 1.'i~ A.;t tal j' PvU t ./ /
cry-,"cn "J. Iy 't /' ' .,
...rt-R')Vr')U( --E'''?("~'i';';v''': ---'-~ ,B:;L.EW,\"" ._{~~- ,
,.,_.,."'....'~~"'..#....~ ._~......._'.....~H~.,.~.... ~ __...........,,0<<...... ~ .~~..._j/....~..,...~"'.._.......iU... .*...~"'......~.~_. __0011~",",'" .......~..... .."...._...~".......".,.,..-.~'""'...........~".."....'~.........~.,.-..><--..-~"".~-_.......'"....~n''''''''''...-- ."............"''''.".
,J'ftLPry PERMIT t'NAl.. \NSr:ECT10N CEHT1FlCA''f!ON
DATE: .'
t;-t(fE WOHK STE".ra~:D;
;Ja:n:: :Ni.:"RK G'JMP'l;:ED:
INspeCTED;3V __"..'^~'__~"~
__~_'''__ {?Bm'1iltee aIASC.n!1
K~MAJ.~KS (Brif.t ~.v"'~ry of ",p:JrV'J~d pkH'l~dllit1(;~;.):
"-"'~,~.,---------~
::HANGS >;PP~G\!EO BY.;
DA,TE
01
llre _;,w~~!;tf"iiijgni?';$ P::RM:I'TiEE en i~omh>' CER n;:y 'tlatm~ utility- COI'l'(O:rUChon -2Uflmvad DYU~'i': :.rbove ".1..im~erird p~ftr;ft wat,: impe(ted3ft11~S".aCed frl uC<:;i;Jwance- w!m r-e
nPOM;;'..Cd r:ltH1S !!\adil a p;wt of 'ili~ cel"f1)tt :ana Iril(cc<rd~'1'X w!t~ the FOOTa C'A/i1N1t J,,;lWty AC:Cm'l'\tl'OOvli~ t..'\afHJ.:tl Ail pt~n h~vr: tWCfl O;;Pf(Vllf":': r:t; tf',p ru<.:-'V:>
engH1,:er ::ind ;l<,(~ dl:leheC ~Q th;S pl~nJ1it t ,;d:::;-O c~rJ'Y :NIt !hiJ \tit)r;" {lrt;') \,",~ hE'e-!lll1dt ir; <il> $;.:lQd or ~Her ("ondltiu" 'ban W~OBH \4.-':l~ ~-gaf'
PU:.u..-ilT'-: Ee; ~
... "'.<"N';:~;ic'''&~T;t:e Of AU!f!ott"ze<j ?ettlirte~nlH"",
{Typed Ot Prin!~d LegitJYJ
c:c: Dt~!ci~::= Pcm-.lI Of[{;t:
Fe:nnilM
Sl(;UAT\JRE, _..__"'__""~_~_~~'_~'__....."
DATE:___.~
exhibit J
Utility Pennit Form
Page 2 of2
;:~-::-:3
FRC'V...:iltf1';I': C,nH,;Sdl ~ Me}:!::: I';C
2C6372S:07
f-03Z P DOd/GD5 F-27S
tB'3SAM
"
5PEC1AL PEO"nSle!"3 i'OR FSRMI':: * v
Se;::::
-:')
:~../ C '3.J I
i.:::;-:-".:=,....,'::::I.
,~ '"A ,,~. ,.,._ _
K(";z.d
C' , ~"
~ ,^, L~ "
"'., ',"-
,;,::!c.L1-'1,f
::OorCiI;;.ltc a pre construction I1ti"eting:and a lane clQSUrc request "t a minir:.wm of two (2) weeks
to beginnint work within the F DDT rldl[of.wav ''':ill ~'l:, Smart Owens 31 telephone
256.6342, a:~d notify abG\ie'lnentior:e(ffepresent~tive at fOl1)-eight bellis prior
w commen:ement of wmk.
Working hQun v.:ilhin the F .D,OT, right-of way shaH be betweca [he hO\Jrs of9'OO p.rn and 6;00
,l.m" OJ as i.it~'ected hy the deparunent representative prior to cmur:lcr:cement of work.
[Ttilitics attached to bridg\: structures sball maintain a vertical clearance at least equal to thllt
(If the stnll~turC, as specified i:1 the u'ililY accornmoc2.tlcn manuaL
AU ou:talHc portions of attachm\"tH hardware sb;lil be fabricated from 316 stainless steel or
Qtber equ;rlln:iterial as determined by tbe Stale Corrosion Engineer.
AU adhesh'e.tlOurl anchors :uld dowels shall be installed in 3cCOl'flal'lce to F.D.O.T. Standard
$Q.!.citic.~!ions fnrg~.!!!t~.lH:!<!ge (:oustr:\1~ction - SectionH6. -""".---
]'.lait\tain ;1 minimum cover or thIrty-six (36) Inches under pavement. and rhi.-ry
side"walk nnd in ;he s';veh~ area, :'is specified in the miliry 'Ir;:commodatinfl m:milaL
inches under
An dri"C",.l)'S 'will be maintained open;H aU times.
Peocs!nan central for Closure or sid.ewn.\ks s.han bc in accordanc,e \vnh the: F ,D,(J.T l'nad\vay and traffic
de',JI~n standard ,nd,;x # ObO.
" "! his permir dc.es not gpll11 apprQ\'::li for the rnst;tllatlol1, l1,odlfic3tlol1, ()l ether cmstr"\lctior: of;tny driveway
ci~,me,ljon (s) w;thm the FD,O.T right-of-way. A scparar<;:,JrivewilY conr<;:,cliofl ?e:1nit applka:ion by the
uriiity o\vncr must be ;ubmitti:d TO arid approv,-d by the dl'Pilrtlll,:nt priol to heginmng ~ny work in
ccnjunctlcr1 \vlth any prcipnsed drhi'C:'w$)' connection (,;).
Flllwable fill ,I', defined in section I of the F.D.OT, standard sJl~i::ificatlo.J;ls for rqad and bridge
([Orl.?:!!:ll"linn is to be u$l:d 0n pal/ed are1lS from one (I) f<,ot a.bove the permitted inslilllt.tlon to the hottom of
ttle base matc:a!, per F.D.()Tr'\3dvi:l::~.;tnd rrafficjgj,Li;.ll_H,Dl1dardsinde;-; 307 or :l$ directed in rhe field by
the depa~rnen:: repre;;eniat;ve. COplcs of an Flow:tbltl fill tickets must be prcvided ;0 the department
;'"presentatlve prior to hllal accept;ln,.'~ of the proposed wqrk.
11. A copy of this permit .3od !)1aus will be on (he job site at all limes during the construction of
thb facilit')
Permittee is call1iont~d that !ltililie. may be located within the construction area.
13, 'Validity of this permit is (rontiflg~llt upon permittee obtaining necessary permits from all
olhtrr agencies involved.
.; :;;.;isting pavement is dam.aged, full lane width reSloration shall be required prior ,0 final
llcceptiJJ1Ce of the Pl".>posed "'iork.
"',_.."-~~~._!,
-:,-:3
~...' 3S-\M
r: JuS/Uf5
~;(r}"'C:~rrn P~i?l'5:"r t ,
.~li1w'" !IIi. k::Kea i;C
3CS37~E ~i
,.
landsc3.pinf;, darnaged as 3,L;:S\l\t the
t1:t: dt:pz:x1.Ine':1"'c t,"p[l~sen.t)live,
,,"i.,~ It ~~/'
>>..,....... ".I,...
, .t" '
;ll tile mr-::euon
re;ttcratlon ~sha~l bf~
shall be
';Vllh the d~p?,rnn,:nt represerru,hve. All portie.n::; of Slate
vvithin thirty (30) da:,s c\)!nplerlQ!l perrnined insta1J:ltion.
If tb: improvel'llC:1\S hn:ve been completed to :}-,c i\)stallatiOll (1 f ,he work ~1pprcved
uncle:r this gennit. this pem1i1 shaH becQr;1e nun and void.
't. negiun ill;?, any work within the F .D.O:r. right-or,way associated with this perruir constitutes
;1l;ccptallce of tbese conditiuns.
:~f'Cf)tv}..~H
..-to
~
CITY OF MIAMI BEACH
to
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfLgov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 50-02/03
ADDENDUM NO.3
November 19, 2003
MACARTHUR CAUSEWAY 20-INCHWATERMAIN AND TERMINAL ISLANDW ATER
BOOSTER STATION is amended as follows:
I. Bid opening date has changed from November 24 to December 5, 2003 at 3:00 PM.
Additionally, deadline for questions has been extended until November 24,2003 at
5:00 PM.
n. Attached is Section 03500, it was called out to be replaced on Addendum 1 but the
actual documentation was never attached. Please replace Section 03500 Schedule of
Suppliers with the new Section 03500 enclosed.
Bidders are required to acknowledge this addendum on proposal page 123, "Acknowledgement of
Addenda", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
03500.
SCHEDULE OF SUPPLIERS
The Contract Documents are based upon the equipment or products available from the Suppliers
denoted as "A", "B", etc. Provision will be made in the Contract Documents for alternate suppliers
whose equipment or product may be deemed equivalent in quality (see Section 0 1630 Substitutions
and Product Options). However, in order to be responsive the Bidder must indicate in the Bid which
supplier the Bidder intends to use for each item of equipment Listed on this form by circling one of
the listed suppliers.
If the Bidder fails to indicate which listed supplier the Bidder intends to use if an alternate is rejected,
the Bidder must use the supplier listed as "A". Also, if the Bidder circles more than one listed
supplier, the Bidder must use the first supplier circled.
PART A - SCHEDULE OF SUPPLIERS
EQUIPMENT SUPPLIER
BASE BID
ITEM ITEM OR (Circle One Item)
MATERIAL
Ductile Iron Pipe A. U.S. Pipe
(Section 15062) B. American Cast Iron Pipe
2 Vertical Twbine Pumps A. Flowserve Pwnp Division
(Section 11214) B. Fairbanks - Morse
C. Verti- Line
3 Air Release Valves A. APCO
(Section 15100) B. VaI-Matic
4 Butterfly Valves A. DeZurik
(Section 15100) B. Henry Pratt
C. Keystone
5 Gate Valves A. M&H
(Section 15100) B. Dresser
C. American Darling
6 Check Valves (Slanting Disk) A. APCO
(Section 15100) B. Val- Matic
7 480 Volt Switchgear A. CutIer- Hammer
(Section 16480) B. Square D
C. General Electric
BID NO: 50-02/03
DATE: 11/19/03 0'1';00-7
ITEM
EQUIPMENT
ITEM OR
MATERIAL
SUPPLIER
BASE BID
(Circle One Item)
8
480 Volt Motor Control
Centers (Section 16480)
A. Cutler-Hammer
B. Square D
C. General Electric
9
Variable Frequency Drives
(Section 16370)
A Robicon
10
Instrumentation System
Supplier
(Section
13300)
A. US Filter
B. CC Controls
C. Rocha Controls
D. Commerce Controls, Inc.
E. Scandia Technologies,
Inc.
Items not listed here are covered under the respective specification sections. After receipt of Bids,
CONTRACTOR may not substitute any Supplier circled above except as permitted under the
Contract Documents.
BID NO: 50-02/03
DATE: 11/19/03
03500-2
CITY OF MIAMI BEACH
tD
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 50-02/03
ADDENDUM NO.4
December 2, 2003
~ .~
.~ .,--"
MACARTHUR CAUSEWAY 20-INCH W A TERMAIN At"lD TERMINAL ISLAND WATER
BOOSTER STATION is amended as follows:
I. Please add US Pipe to the list of acceptable gate valve manufacturers (two places:
Section 03500, Section 15100,2.05, J) .
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
m
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfl.gov
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 50-02/03
ADDENDUM NO.5
December 3, 2003
MACARTHUR CAUSEWAY 20-INCH W ATERMAIN AND TERMINAL ISLAND WATER
BOOSTER STATION is amended as follows:
I. Bid opening date has changed from DecemberS to January 6, 2004 at 3:00 PM.
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
TABLE OF CONTENTS
PAGE
NOTICE FOR BIDS ..........................."...................................."..................................................6
NO BID NOTIFICATION FORM ...."."...................................................................................... 7
PLANS & SPECIFICATIONS ORDER FORM...................................................."..".."......... 10
00100.
00200.
00300.
00400.
00405.
00407.
00410.
00500.
BID NO: 50-02103
DATE: 10/03/03
GENERAL INSTRUCTIONS TO BIDDERS ................................................... 11
DEFIN ITIONS ........... ....... .......... ... ...... ... ..... ...... ....... ..... ......... ....... ................... ... 12
INSTRUCTIONS TO BIDDERS ....................................."................................ 16
1. Examination of Contract Documents and Site .................."............... 16
2. Pre-Bid Interpretations ...........................................................................16
3. Submitting Bids....................................................................................... 17
4. Printed Form of Bid ......""...................................................................... 17
5. Bid Guaranty ........................................................................................... 17
6. Acceptance or Rejection of Bids.......................................................... 17
7. Determination of Award .........................................................................18
8. Evaluation................................................................................................18
9. Contract Price ...................................".........................................."."..... 18
1 O. Postponement of Date for Presenting and Opening of Bids ........... 18
11. Qualifications of Bidders .......................................................................18
12. Addenda and Modifications ..................................................................19
13. Prevailing Wage Rates ................................."..."..................................19
14. Occupational Health and Safety..........................."............................. 19
15. Environmental Regulations ................................."................................20
16. "Or Equal" Clause ."................................................."............................20
17. Protested Solicitation and Award ....."...."............................................21
18. Financial Stability and Strength ...........................................................21
BID/TENDER FORM .............................."."....................................."............... 22
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES .....................25
SCHEDULE OF PRICES BID ................"........................................................26
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ......................................................27
SUPPLEMENT TO BIDITENDER FORM
QUESTIONNAIRE .............................................................................................29
CITY OF MIAMI BEACH
2
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BIDfTENDER FORM
NON-COLLUSION CERTIFICATE ....""......."."""......."........"............"...."".36
SUPPLEMENT TO BIDfTENDER FORM
DRUG FREE WORKPLACE CERTIFICATION.""""."......""....."".............. 37
SUPPLEMENT TO BIDfTENDER FORM
TRENCH SAFETY.ACT ....................................................................................39
RECYCLED CONTENT INFORMATION ""..............................."...".............41
CONTRACT ................................................."..."................"..."............"..."......42
FORM CERTIFICATE OF INSURANCE ........................................."............. 51
FORM OF PERFORMANCE BOND ......".............."..."."""...........................52
FORM OF PAYMENT BOND "......."............".."""............."..."................."".55
CERTIFICATE AS TO CORPORATE PRINCIPAL""."""..................."".... 58
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CRE DIT ...................................................... 59
GENERAL CONDITIONS ..............................."...".................".."..."...".......".61
1. Project Manual"""""...".........................."............"......."..."""..........". 62
2. Intention of City .""......."................"........".........".""."."".",,.................62
3. Preliminary Matters .......".""".""......"........".....".""""."...""".""..."... 62
4. Performance Bond and Payment Bond .."".""."........"""..."........"".63
5. Qualification of Surety..........."""."............"......................"................. 64
6. Indemnification.. ".. ... ...... ... ...... ....... ..."....... "..."....... .... ..... ... ......."....... ...66
7. Insurance Requirements .".......""".""...""""..............."""............."... 66
8. Labor and Materials .................."......."""................."".".."....""""...... 69
9. Royalties and Patents..."."""."."."..."....................."........................... 70
1 O. Weather ........""".".................""."""."".""".."..........""."".""".""........ 70
11. Permits, Licenses and Impact Fees ..............".................................... 70
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10/03/03 3
TABLE OF CONTENTS
(Continued)
12. Resolution of Disputes ........................................................................... 71
13. Inspection of Work ................................................................................. 72
14. Superintendence and Supervision....................................................... 72
15. City's Right to Terminate ContracL.................................................... 74
16. Contractor's Right to Stop Work or
Terminate Contract ................................................................................ 75
17. Assignment..............................................................................................75
18. Rights of Various Interests.................................................................... 76
19. Differing Site Conditions ........................................................................ 76
20. Plans and Working Drawings ............................................................... 77
21. Contractor to Check Plans,
Specifications, and Data .......................................................................77
22. Contractor's Responsibility for
Damages and Accidents ....................................................................... 77
23. Warranty .................................................................................................. 77
24. Supplementary Drawings ...................................................................... 78
25. Defective Work .......................................................................................78
26. Taxes....... .... ......... ...... .................. ...................... .......... ........ ...... .............. 79
27. Subcontracts ........................................................................................... 79
28. Separate Contracts ................................................................................79
29. Use of Completed Portions ...................................................................80
30. Lands for Work .......................................................................................81
31. Legal Restrictions and Traffic Provisions ...........................................81
32. Location and Damage to Existing
Facilities, Equipment or Utilities ...........................................................82
33. Value Engineering ..................................................................................83
34. Continuing the Work ..............................................................................83
35. Changes in the Work or Terms
of Contract Documents .......................................................................... 83
36. Field Orders and Supplemental Instructions ...................................... 84
37. Change Orders .......................................................................................84
38. Value of Change Order Work ...............................................................84
39. Notification and Claim for Change of
Contract Time or Contract Price .......................................................... 90
40. No Damages for Delay.......................................................................... 90
41. Excusable Dela y; Compensable;
Non-Compensable. ......... ... ............. ....... ......... ..... .................. ..... ....... .... 91
42. Substantial Completion ......................................................................... 92
43. No Interest ............................................................................................... 92
44. Shop Drawings ....................................................................................... 93
BID NO: 50-02/03 CITY OF MIAMI BEACH
DATE: 10/03/03 4
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
03500.
04000.
05000.
05500.
06000
BID NO: 50-02103
DATE: 10/03/03
TABLE OF CONTENTS
(Continued)
45. Assignment.... ... ...... ......... ...... ............ .................. ... ..................... ............ 94
46. Safety and Protection ............................................................................95
47. Final Bill of Materials .............................................................................. 96
48. Payment by City for Tests ..................................................................... 96
49. Project Sign ............................................................................................. 96
50. Hurricane Precautions ...........................................................................96
51. Cleaning Up; City's Right to Clean Up ................................................97
52. Removal of Equipment .......................................................................... 97
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities AcL..................................................97
54. Project Records ......................................................................................98
SUPPLEMENTARY DOCUMENTS ................................................................ 99
ADDITIONAL ARTICLES ................................................................................1 00
1. Prevailing Wage Rate Ordinance ......................................................100
2. Federal Grant Projects ........................................................................100
3. Federal Grant Projects ........................................................................101
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................105
STATEMENT OF COMPLlANC E
(DAVIS BACON ACT) .....................................................................................106
CERTIFICATE OF SUBSTANTIAL COMPLETION.................................... 1 07
FINAL CERTIFICATE OF PAYMENT...........................................................109
FORM OF FINAL RECEIPT ...........................................................................110
DRAWINGS INDEX .........................................................................................112
ADDENDA AND MODIFICATIONS ...............................................................114
TECHNICAL SPECIFICATIONS ...................................................................115
BID PROPOSAL FORM ..................................................................................119
SCHEDULE OF SUPPLIERS .........................................................................121
ACKNOWLEDGEMENT OF ADDENDA...................................................... 123
CUSTOMER REFERENCE LISTING ...........................................................124
SCHEDULE OF COST ....................................................................................129
ORDINANCES; LOBBYIST, CONE OF SILENCE, DEBARMENT, CODE
OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD .........131
CITY OF MIAMI BEACH
5
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hUp:\ \ www.miamibeachtl.gov
~
~
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 50-02/03
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on
the 14th day of November 2003 for:
MACARTHUR CAUSEWAY 20-INCH WA TERMAIN AND
TERMINAL ISLAND WATER BOOSTER STATION
Scope of Work: The work specified in this bid consists of furnishing all materials, labor,
equipment, supervision, mobilization, overhead & profit required to provide but not
limited to the following:
The work consists of a new water booster pump station on Terminal Island and
associated 20-inch diameter water main to be suspended along the north side of the
MacArthur Causeway for an approximate length of 2,600 linear feet.
Estimated Construction Budget: $2.8 Million
Minimum Requirements: Prospective Bidders must have three (3) years minimum
experience as a Prime Contractor, Prospective Bidders must have completed at least
three (3) projects within the last ten (10) years, associated with water and/or wastewater
pumping station or treatment plants and/or at least 2000 linear feet of 16-inch diameter
or larger water or wastewater main installation with a minimum total project value of
$1.5 Million each; and where the Bidder served as the Prime Contractor. Prospective
bidders must have experience in structures, including multi-story glass facades and
poured-i n-place concrete.
The Prime Contractor can either be licensed in the State of Florida as an Engineering
Utility Contractor or General Contractor. Each Bidder shall furnish a list of all projects
demonstrating experience encompassing the above referenced components. In order to
properly evaluate the bids, the City requests that each prospective Bidder submit project
references for previous projects completed within the last ten (10) years, It is further
recommended that such projects include the following information and components:
. Project Name
. Project location
. Brief description of work performed
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
6
. Names, addresses, telephone number, fax number, and contact name for
following:
- Owner or Agency
Architect or Landscape Architect, or Engineering Consultant
Prime Contractor (if work performed as a Sub Contractor)
Name of Prime Contractors' project manager and field superintendent
Awarded contract amount and final contract amount
Explanation of differences between award and final contract amounts,
if difference exceeds 10%
Original scheduled project completion date, actual final completion
date.
The Prime Contractor and/or Sub-Contractors must have Iequired licenses in order to
obtain all required permits for the completion of the project
At the time, date, and place indicated above, bids will be publicly opened, Any bids or
proposals received after time and date specified will be returned to the bidder
unopened. The responsibility for 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 Non-Mandatory Pre-Bid Conference will be held at 10:00 a.m. on October 21,
2003 at the City of Miami Beach City Hall, Fourth Floor City Manager's Large
Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL
33139.
Attendance at the Pre-Bid Conference is HIGHLY ENCOURAGED and recommended
as a source of information but it is not mandatory,
Bid Guarantv: 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 3% of the Contract Bid Amount, payable to City of Miami Beach,
Florida, and conditioned upon the successful Bidder executing the Contract and
providing the required Performance and Payment Bonds, each in the amount of one
hundred (100%) percent and evidence of required insurance within fifteen (15) calendar
days after notification of award of the Contract A PERSONAL CHECK OR A
COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID
SECURITY.
The City of Miami Beach has contracted with Bid Net 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 Bid Net, 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
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
7
should review the registration options at the following website:
http://www.govbids.com/scripts/southflorida/public/home1.asp
www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have nternet
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 paae 10 of the
Bid package must be completed and returned to T-Square Miami before prospective
Bidders will receive requested plans and specifications.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writina by mail or facsimile to the Procurement Department, 1700 Convention Center
Drive, Miami Beach, FL 33139 FAX: (305) 673-7851.
The Bid title/number shall be referenced on all correspondence. All questions must be
received no later than ten (10) calendar days prior to the scheduled Bid opening date.
All responses to questions/clarifications will be sent to all prospective Bidders in the
form of an addendum, The City of Miami Beach reserves the right to accept any
proposal or Bid deemed to be in the best interest of the City of Miami Beach, or waive
any informality in any proposal or Bid. The City of Miami Beach may reject any and all
proposals or Bids,
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE NO. 99-3378. 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.
/~;;?~<~~.,
i 1...-
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
8
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\'INww.miamibeachfl,gov
PROCUREMENT DIVISION
Bid No. 50-02/03
MACARTHUR CAUSEWAY 20-INCH WA TERMAIN AND TERMINAL
ISLAND WATER BOOSTER STATION
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 producUservice,
_ We cannot meet the specifications nor provide an alternate equal product.
______Our company is simply not interested in Bidding at this time,
Due to prior commitments, I was unable to attend pre-proposal meeting,
_______OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future Bids for this type or
product and/or service,
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a Bid or this completed form, may result in your company to
be removed from our vendors list.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
9
C.O.D Order T -SQUARE
FAX 305-324-8040
PHONE 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 50-02/03
MACARTHUR CAUSEWAY 20-INCH WATERMAIN AND TERMINAL
ISLAND WATER BOOSTER STATION
Authorized by : Roman Martinez
Fax: 305.324,8040
Plans - 24 x 36
Technical Specifications - 8.5 x 11
$
$
$
*
*Any other copies or reproductions are additional to this price
Price per SQ.FT $ .12cnts full size/ half size $ 1.00 per first copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to: _______________________________________COD T-Square Acct# 613204 Cash:______
Credit Card #
Visa: Amex:_Master:_Other:
Ex. date
In the name of:
Authorization signature______________
Ship TO:
City
State
zip code
Phone:_-_-_Fax:_ -_ -_ Contact name
Title
Received by:
shippe d by: UPS #
FEDEX #
Received by:
shipped by: UPS #
FEDEX #
Next day air _ Next day air saver _Ground _Second day air AM _Second air
Three day select Handling charge $
Order received by T -Square: Title:
ANY QUESTION AT T -SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
Jesus Luya = Production Department
Veronica Lorza = Account Manager
Carmen Elena Davila = Sales Manager
= Ext. 202
= Ext 224
= Ext 224
= Ext 230
= Ext 320
If you already have an account with T -Square please use your account
# to place the order.
Thank you for your business.
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
10
00100. GENERAL INSTRUCTIONS TO BIDDERS:
1. General: The follawing instructions and thase set farth in Sectian 00300 herein
are given far the purpase af guiding Bidders in properly preparing their Bids,
Such instructions have equal force and weight with ather partians af the Cantract
Dacuments and strict campliance is required with all the provisians cantained in
the instructians. Bidders shall nate that variaus paragraphs within these Bid
dacuments have a [ ] bax which may be checked. If the bax is checked, the
language is made a part af the Bid dacuments and campliance therewith is
required af the Bidder; if the bax is nat checked, the language is nat made a part
af the Bid dacuments.
2. Scape af Wark: The wark specified in this Bid consists af furnishing all materials,
labar, equipment, supervisian, mabilizatian, averhead & prafit required to. pravide,
but nat limited to. the fallawing:
Canstructian af a new water boaster pump statian v.ith two. (2) 250-HP vertical
turbine pumps, squirrel cage inductian matars, variable frequency drives and all
related fittings and appurtenances including, but nat limited to. isalatian valves,
slanting disc check valves, air release valves, and pressure gaLges. Electrical
cantrals with 400 KVA 3-Phase generatar cannectians, cantral panels, all haused
in a 2 stary structure with an aluminum framed starefront windaw system and its
related HVAC system, including remate cannectians through SCADA circuits to.
the Central Office Cantral Raam at the Public Warks Operations, lacated at 450
Dade Blvd., Miami Beach. Connecting yard piping, which includes appraximately
325 linear feet af 30-inch pipe, and site landscaping.
Installatian af the statian's assaciated 20-inch diameter water main, which is to.
be suspended alang the narth side af the MacArthur Causeway far an
approximate distance af 2,600 linear feet where it will cannect to. the City's
existing water distributian system at the intersectian afWest Avenue. Wark also.
includes all related fittings and appurtenances, including but nat limited to.
isalatian valves, cambinatian air vacuum valves, and water main hanger supparts
alang the bridge.
3. Lacatian af Wark: The propased Baaster Pump Station will be located an
Terminal Island and the assaciated 20-inch water main along the narth side af
the MacArthur Causeway (westbound partian), which will cannect to the City's
existing water system at the intersection of West Avenue,
4, Abbreviatians and Svmbals: The abbreviatians used thraughout the Cantract
Documents are defined hereinafter in the Technical Specifications. The symbals
used in the Plans are defined therein.
5. Bid PackaQe Submission: An original and ane capyof the camplete Bid Package
must be received by 3:00 p.m. of November 14, 2003, Bid packages will be
apened and prices read publicly. Please provide the follawing infarmation autside
of your package, the Bidder's name, address, telephone number, ITB number,
title, and due date.
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
11
00200, DEFINITIONS:
1 . Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1, Bidder: Any individual, firm, or corporation submitting a Bid for this
Project, acti ng directly or through a duly authorized representative.
1.2. Chanqe Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract is to be performed. In all respects hereunder,
City's performance is pursua nt to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manaqer: City Manager shall mean the Chief Administrative Officer
of the City.
1,6. Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
.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
Commission, the Performance Bond and Payment Bond, the Notice of
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10/03/03 12
Award, the Notice(s) to Proceed, the Purchase Order, Change Orders,
Field Orders, Supplemental Instructions, and any additional documents
the submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract
Documents.
1.11 , Contract Price: The original amount established in the Bid submittal and
award by the City, as may be amended by Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work,
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Defective Work: Within the context of this Article 25 of the General
Conditions, the word "defective" shall be/have the meaning of an
adjective which, when modifying the word Work, refers to Work that is
unsatisfactory, faulty or deficient, in that it does not conform to the
Contract Documents, or does not meet the requirements of any
inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to CONSULTANT's
recommendation of final payment (unless responsibility of the protection
thereof has been assumed by CITY at Substantial Completion in
accordance with Article 42 of the General Conditions.
1.15. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time,
1.16. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents ha ve been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1,17.: Inspector: An 11luthorized {epre!S~i-1tativeof Consultant or City assigned
to mak~ n~cessary inspectidris.of'matenals furnished by Contractor and
of the work performed by Contractor.
BID NO: 5Q-02/03 'CITY OF MIAMI BEACH
DATE: 10/03/03 13
1.18. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.19. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
1.20. Plans and/or DrawinQs: The official graphic representations of this
Project which are a part of the Project Manual.
1.21. ProQram ManaQer: N/A
1.22. Proiect: The construction project described in the Contract Documents,
including the Work described therein.
1.23. Proiect Initiation Date: The date upon which the Contract Time
commences.
1.24. Proiect Manual: The official documents setting forth Bidding information
and requirements; contract form, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the technical
specifications; and the plans and drawings of the Project.
1.25. Resident Proiect Representative: An authorized representative of
Consultant assigned to represent the Consultant on the Project.
1,26, Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Mai3rials not so worked,
1.27, Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City, A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.28. 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
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10/03/03 14
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.29. Work: The construction and services required by the Contract
Documents, whether completed or partially 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: 50-02/03 CITY OF MIAMI BEACH
DATE: 10/03/03 15
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents of which
Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
2. Pre-Bid Interpretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bidding Documents. Written questions should be received no less
than ten (10) calendar days prior to the date of the opening of Bids. There shall
be no obligation on the part of City or the City's Procurement Director to respond
to questions received less than ten (10) calendar days prior to Bid opening.
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
16
3. SubmittinQ Bids: All Bids must be received in the Procurement Division, City of
Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida
33139, before the time and date specified for Bid opening, enclosed in a sealed
envelope, legibly marked on the outside:
BID FOR: MACARTHUR CAUSEWAY 20-INCH WATERMAIN AND
TERMINAL ISLAND WATER BOOSTER STATION
BID/CONTRACT NO.: 50-02/03
4. Printed Form of Bid: All Bids must be made upon the blank BidfTender Form
included herein and must give the price in strict accordance with the instructions
thereon. The Bid must be signed and acknowledged by the Bidder in
accordance with the directions on the Bid form.
5. Bid Guaranty: All Bids shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies
as specified in Section 5, General Conditions, or by cash, money order, certified
check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (United
States), in the amount of 3% of the Contract Bid Amount, payable to City of
Miami Beach, Florida, and conditioned upon the successful Bidder executing the
Contract and providing the required Performance Bond and Payment Bond and
evidence of required insurance within fifteen (15) calendar days after notification
of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF
A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the
successful Bidder shall be forfeited to the City of Miami Beach as liquidated
damages, not as a penalty, for the cost and expense incurred should said Bidder
fail to execute the Contract, provide the required Performance Bond, The Bidder
Awarded this contract will be required to provide the Payment Bond and
Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of
the award of the Contract. The time for execution of the Contract and provision of
the Performance Bond, Payment Bond and Certificate(s) of Insurance may be
extended by the City's Procurement Director for good cause shown. Bid
Securities of the unsuccessful Bidders will be returned after award of Contract.
6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all
Bids prior to award. Reasonable efforts will be made to either award the
Contract or reject all Bids within ninety (90) calendar days after Bid opening date.
A Bidder may not withdraw its Bid unilaterally nor change the Contract Price
before the expiration of ninety (90) calendar days from the date of Bid opening.
A Bidder 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.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
17
7. Determination of Award: The City Commission shall award the contract to the
lowest and best Bidder. In determining the lowest and best Bidder, in addition to
price, there shall be considered the following:
a. The ability, capacity and skill of the Bidder to perform the Contract.
b. Whether the Bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the Bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the Bidder with laws and
ordinances relating to the Contract.
8. Evaluation: An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future Bids
with the City.
9. Contract Price: The Contract Price is to include the furnishing of all labor,
materials, equipment including tools, services, permit fees, applicable taxes,
overhead and profit for the 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 Presentinq and Openinq of Bids: The City reserves
the right to postpone the date for receipt and opening of Bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
11. Qualifications of Bidders: Bids shall be considered only from firms normally
engaged in performing the type of work specified within the Contract Documents.
Bidder must have adequate organization, facilities, equipment, and personnel to
ensure prompt and efficient service to City.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
18
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to Bid opening. All addenda and
other modifications made prior to the time and date of Bid opening shall be
issued as separate documents identified as changes to the Project Manual.
13. Prevailinq Waqe 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: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
19
14.2.2.
The known acute and chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
14.2.3.
The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
14.5. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
14.6. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
15. Environmental Reaulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right b declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or ven:lors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution is
permitted" because of form, fit, function and quality, any material, article, or
equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable
provided the materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
20
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344,
which establishes procedures for resulting protested Bids and proposed
awards. Protest not timely pursuant to the requirements of Ordinance
No. 2002-3344 shall be barred.
18. Financial Stabilitv and Strenath:
The Bidder must be able to demonstrate a good record of performance and
have sufficient financial resources to ensure that they can satisfactorily
provide the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request.
Such statements should include, as a minimum, balance sheets (statements
of financial position) and statements of profit and loss (statement of net
income). When the Bid submittal is from a Joint Venture, each
Bidder/Proposer involved in the Joint Venture must submit financial
statements as indicated above.
Any Bidder/Proposer who, at the time of Bid submission, is involved in an
ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or
dissolution proceeding, or if a trustee or receiver has been appointed over all
or a substantial portion of the property of the Bidder/Proposer under federal
bankruptcy law or any state insolvency, may be declared non-responsive.
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
21
00400. BIDfTENDER FORM:
Submitted:
January 6. 2004
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this Bid
as principal are named herein and that no person other than t'erein mentioned has any
interest in this Bid or in the Contract to be entered into; that this Bid is made without
connection with any other person, firm, or parties making a Bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the
opening of the Bids, as acknowledged below; and that it has satisfied itself about the
Work to be performed; and that it has submitted the required Bid Guaranty; and all other
required information with the Bid; and that this Bid is submitted voluntarily and willingly.
The Bidder agrees, if this Bid is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the Contract
Documents and to 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 Paymeht Bond or
alternative form of security, if permitted by the City, each for not less than the total Bid
price plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the Bid guaranty accompanying the Bid shall be
forfeited if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bond and Payment Bond or fails to-furnish the required Certificate(s) of
Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price Bid in
figures and the price bid in words, the price in words shall govern. Bidder agrees that
any unit price listed in the Bid is to be multiplied by the stated quantity requirements in
order to arrive at the total.
BID NO: 50-02103
DATE: to/03/03
CITY OF MIAMI BEACH
22
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Project Manual:
1, 2, 3
Attached is a Bid Bond [d, Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ].
Treasurer's Check [ ], Bank Draft [ ],-Cashier's Check [ ]. or Certified Check [ J
No. Bank of nja for
the sum of _ Thr:.~~Icent_of...Qi!LamourLL____ Dollars
($ 3% ).
The Bidder shall acknowledge this Bid by signing and completing the spaces provided
below.
Name of Bidder:
Widell, Inc.
City/State/Zip: _ 5 3[L 5t i r 1 i nJLBoa d
Telephone No.:
_---Et. Lauderdal~~FL 33314
(954) 587-0520
Social Security
No. or Federal
!.D.No.: 65-0499959
Dun and
Bradstreet No.:
(if applicable)
If a partnership, names and addresses of partners:
nja
---------------------------------------
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
23
(Siqn below if incorporated)
ATTEST:
4~/;1~k/-
Ro(!?f: ~ftefury
(CORPORATE SEAL)
(Type or Print Name
(Type or Print Name Si ned Above)
Widell, Inc.
(Type or Print Name of Corporation)
Keith A. Pickle
--
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: -,=,-~or i da _____
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
24
00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the City before or during construction or the percentage method or unit
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. PERMITS FOR DUMPSTERS, JOB
TRAILERS) ARE NOT WAIVED"
"LICENSES, PERMIT AND FEES WHICH MAY BE REQUIRED, BY MIAMI-DADE
COUNTY, THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE
NOT INCLUDED IN THE ABOVE LIST.
Licenses Permits and Fees which may be required by Miami-Dade County, the State of Florida or
other governmental agencies may include but are not limited to: Florida Department of
Transportation (FOOT) permit, Department of Health Permit and Department of Environmental
Resources Management Permit".
The prospective Bidder must comply with all applicable Professional Licensing
requirements, including but not limited, to those required by General Contractors.
1. Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065 Rorida
Statutes.
NOTE: a} If the contractor is a State of Florida Certified Contractor the followina will
be reauired:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City of
Miami Beach
4) Workers compensation or the exemption
b} If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance Certificate made to City of
Miami Beach
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND
CORPORATE CERTIFICATES WITH YOUR BID RESPONSE
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
25
00407. SCHEDULE OF PRICES BID: (Please refer to page 117 of this Bid package)
Consideration for Indemnification of CITY
$25.00
[X] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
Please see Page 39 of the Bid/Tender Form.
-----------
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 41, Section 00540, to be considered
responsive.]
IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE*
THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
*COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE,
EXTENDED, AND METHOD.
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
26
(Bank, Issuer name)
at ____________by order of and for the account
(branch add ss)
of____________
(contr tor, applicant, customer)
up to an aggregate amount, in Uni d States Funds, of
available by your drafts at sight, acc panied by:
00410. BID GUARANTY FORM
UNCONDITIONAL LETTE
Beneficiary:
City of Miami Beach
1700 Convention Center
Miami Beach, Florida 331
We hereby authorize you to d awon
1.
Date of Issue
Issuing Bank's No.
Applicant:
, Amount:
in United States Funds
Expiring:
(Date)
Bid/Contract Number
A signed statement from the Cit
authorized representative, that th
obligations on the part of
Manager of the City of Miami Beach, or his
drawing is due to default in performance of
agreed upon by and
(contractor. applicant, cust
between City of Miami Beach. Florid
er)
and
(contractor, applicant, customer)
for
pursuant to the Bid/Contract No. _
--------------
(name of project)
Drafts must be drawn and negotiated not I ter than
Drafts must bear the clause: "Drawn u
of _______________
(Bank name)
BID NO: SO-OZ/03
DATE: 10/03/03
(expiration date)
der Letter of Credit No.
dated________
CITY OF MIAMI BEACH
27
This Letter of Credit sets forth in full erms of our undertaking, and such undertaking
shall not in any way be modified, am nded, or amplified by reference to any documents,
instrument, or agreement referred t herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and a y such reference shall not be deemed to incorporate
herein by reference any documen , instrument, or agreement.
We hereby agree with the drawe
under and in compliance with th
duly honored upon presentation t
, endorsers, and bona fide holders of all drafts drawn
terms of this Letter of Credit that such drafts will be
the drawee.
The execution of the Contract an
Payment Guaranty and Insurance
the submission of the required Performance and
rtificate by the ___________~-_
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the"
Credits," International Chamber of Com
to the provisions of Florida law. If a confli
for Documentary Credits and Florida law
conflict between the law of another state or
law shall prevail.
iform Customs and Practice for Documentary
rce (1993 revision), Publication No. 500 and
between the Uniform Customs and Practice
hould arise, Florida law shall prevail. If a
untry and Florida law should arise, Florida
Authorized Signature
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
28
00500. SUPPLEMENT TO BIDfTENDER FORM:
(To be executed bv Contractor/Sub-Contractor)
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
License/Certification/Reg istration
State of Florida CG-CA09173
----------
# Years
9
1 A What busiress are you in? ~Q!lS trl!.cti on_-=-_ Gener!L~on!ractor
2. What is the last project of this nature that you have completed?
Please see attached listing of projects.
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
no; nfa
3A. Give owner names, addresses and telephore numbers, and surety and project
names, for all projects for which you have performed work, where your surety
has inter\ened to assist in completion of the project, whether or not a claim was
made.
-BLa
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
29
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
4.1. Please see attached listinQ of projects -
(name) (address) (phone #)
4.2.
(name) (address) (phone #)
4.3. ----------
(name) (address) (phone #)
5. List the following information concerning 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.)
NAME OF
PROJECT
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTRACT
%OF
COMPLETION
TO DATE
___-.Pl ea s L~~U t f:llc he~.Q!:Q.i ec t 1 is t.
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
____ yes____
7. Will you subcontract any part of this work? If so, give details including a list of
each subcontractor(s) that will perform work in excess of ten percent (10%) of the
contract amount, the approximate percentage, and the work that will be performed
by each such subcontractor(s). Include the name of the subcontractor(s) and the
approximate percentage of work.
Edwards Electric Corp. ~ % Electrical
-------------------------------------
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
30
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
8. What equipment do you own that is available for the work?
Please see attached equipment list.
--------------------------------
--------------------
----------.
9. What equipment will you purchase for the proposed work?
___--1Ii d~ 11, I nf..!-QYll1..?_ or _~~lL!:.~flt..~n dl or -1 ea se 211______
____~qui pmen~req~i.!e~..!~.:~mp 1 ete ~hi ~roJec~..:___
10. What equipment will you rent for the proposed work?
----JLj~ll...-ln.c..L_~_.JJL~lJ~lLr:enL~.rlQLor 1 ease all
equipment required to complete this project.
11. State the name of your proposed project ma!}ager and superintendent and give
details of his or her qualifications and experience in managing similar work.
Please see attached resumes.
-----------------------------
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
31
12. State the true, exact, correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation, state the name of the president and secretary. If a
partnership, state the names of all partners. If a trade name, state the names of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is __ Wi Q.~LLI nc .______.
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
___.forgQ~~ti~________________________.
12.3 The address of principal place of business is
5365 Stirling Road, Ft. Lauderdale, FL 33314
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
Keith A. Pickle, Director/President
------------------
_WilJiam~~_tl~~~vi~~Director/Treasurer
----------------------------------"
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
Widell Associates, Inc.
-------------------------------"
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
32
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the disposition of each such petition.
___nfa___
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).
nfa
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.
nfa
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
33
12.13 Individuals or entities (including our sub-consultants) with a controlling
financial interest: ____have 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.
n/a
WITNESS:
Address
Signature
Print Name
\
~~~eraIPa~rr-----------------
j
- --;/------------------
Print Name
WITNESS:
IF CORPORATION:
~_.Q.e.lQ.'lL_____________
Signature
__!/idML. Inc.
Print Name of Corporation
5365 Stirling Road
Ft. Lauderdale, FL 33314
Keith A. Pickle
---------------
Print Name Address
By.~~
President Keith A. Pi ckl e
(CORPORATE SEAL)
Attest: /i/~~LJ~
-r!-$i~~tr-T--J
Secretary
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
35
00520.
SUPPLEMENT TO BIDfTENDER FORM
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this __~ day of __~an~~LL~Jlj_________, JOOOO(
The undersigned, as Bidder, declares that the only persons interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states that this Bid is based upon the documents identified by the following
number: Bid No. 50-02/03.
~--;;,~
SIGNATURE
Kei th A. Pi ckl e
PRINTED NAME
Director/President
---- ------------
TITLE (IF CORPORATION)
81D NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI8EACH
36
00530. SUPPLEMENT TO BIDfTENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug-free workplace
program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
37
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee. up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1) through (6).
Widell, In~~
(B~gnature)
STATEOF Florida
Keith A. Pickle, Director/Presfdent
(Print Bidder's Name)
COUNTYOF Br~ard_____
The foregoing instrument was acknowledged before me this ML day of
_.J1UuJJJ.~y , 204, by Ke ith A. Pi c k 1 e as
(name of person whose signature is being notarized)
Director/President __ (title) of ____JUd.aH... Inc.
(name of corporation/compcInY)
known to me to be the person described herein, or who produced~.v.s OotlIY~II()lJ{) as
identification, and who did/did not lake an oath.
NOTARY PUBLIC:
_~ J/@JJfa____
(~trU
Jane L. Guenther
(Print Name)
1. L. Guenther
Notary Public - State of Florida
My Commission Expires July 31,2007
My commission expires:____ Commi~~on No. DD232209
81D NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
38
00540. SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID
TO BE DEEMED RESPONSIVE.
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
Trench Shield _U......s....._ L.Q.Q!L_ __1Q._ _10 .0JlJl____ ____
~lE.E..!..'lL._____ 500 1f 500 5 2,500
------ ------ ----- ---------
Total $_1f....50~
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
39
IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE"
THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
Authorized Signature of Bidder .
Keith A. Pickle, Director/Presldent
"COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS, I.e.. DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE.
EXTENDED, AND METHOD.
BID NO: 50-02/03
DA TE: 10/03/03
CITY OF MIAMI BEACH
40
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their Bid, any information available regarding recycled material content in the
products Bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
N/A
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
41 .
00600. CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and
Widell, Inc. , hereinafter referred to as
CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to fumish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within fifteen (15) calendar days of the issuance of the first
Notice to Proceed.
BID NO: 52-02/03 CITY OF MIAMI BEACH
DATE: 07111103 42
2.2 Time is of the essence throughout this Contract. The Work shall be substantially
completed within four-hundred-twenty (420) calendar days from the issuance of
the second Notice to Proceed (14 Months), and completed and ready for final
payment in accordance with Article 5 within sixty (60) calendar days from the
date certified by CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of nine-hundred-fifty dollars ($950.00) 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 four-
hundred-fifty dollars ($450.00) for each calendar day after the time specified in
Section 2.2 above, plus any approved extensions, for completion and readiness
for final payment. These amounts are not penalties but are liquidated damages
to CITY for its inability to obtain full beneficial occupancy and/or use of the
Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion d
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
43
ARTICLE 3
THE CONTRACT SUM
[] This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices Bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[ X ] This is a Lump Sum 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: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
44
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in quadruplicate to CONSULTANT for approval.
CITY shall make payment to CONTRACTOR within thirty (30) days after
approval by CONSULTANT of CONTRACTOR's Application for Payment and
submission of an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all 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: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
45
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
46
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entitv Crimes
I n accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services to the CITY,
may not submit a Bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit Bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Partv Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving rotice shall remain the same as set
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
47
forth herein until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
For CITY:
Procurement Division
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Gus Lopez. Procurement Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Widell. Inc.
5365 Stirlina Road
Ft. Lauderdale. FI 33314
Attn: Keith A. Pickle. Director/President
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a 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: 52-02/03
DATE: 07/11/03
CITY OF MIAMI BEACH
48
6.8 Materialitv and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 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 Aareements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
49
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
A~K2Qv'-_~
City Clerk
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
Widell, Inc.
-----------------
(Name of Cor
(Signature)
-4r~4z-
(Se~W-=L
Robert E. Hodges
By:
(Corporate Seal)
Keith A. Pickle, Vice President
(Print Name and Title)
____ day of _____________, 20____.
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
____ day of _____________.20___.
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOIJ.BPmmEmtlSJrO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
50
~o'i: J7'-Y6y
City y ~ Date
BID NO: 50-02/03
DATE: 10/03/03
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
51
,.,.>.v.,'
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MARSH
>3',..:::';,".....P'.."";:'i:!<::F -"""in,::':",',
NUMBER
LOS-000407867-01
THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE ODES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
PRODUCER
Marsh Risk & Insurance Services
4695 MacArthur Court, Suite 700
(949) 399-5800
License #0437153
Newport Beach, CA 92660
COMPANIES AFFORDING COVERAGE
Widell, Inc.
5365 Stirlin9 Road
Ft. Lauderdale, FL 33314
COMPANY
A Zurich-American Insurance Company
COMPANY
B National Union Fire Insurance Company of PA
COMPANY
C N/A
20346-11-11-2003
INSURED
COMPANY
o
'C' ""'._'A>....'" ".. .. ,. ;C"'. Hi;' '1.",;,,, ""...."'lr=..0~lii,,:&;;:::li.....' ;).,1.....,"""'.~, "llI. ..l\;;l[,L. '''j;,.'' . ;i~~;';.:i.....~~~, " ",",,::,:,,~ "~..;..." _.'"" ...ii, '" ,,,. , " .',' "1"" 'o' .. i
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THIS IS TO CERnFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERnFICATE MAY BE IssueD OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. CONDlnONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MMIOOIYY) DATE (MM/OO/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 4,000,000
A COMMERCIAL GENERAL LlA8ILIlY GL03676089-02 02/28/04 02/28/05 PRODUCTS - COMPIOP AGG $ 2,000.000
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT $ 1,000,000
$ N/A
$ N/A
COMBINED SINGLE LIMIT $ 2,000,000
A BAP3676090-02 02/28/04 02/28/05
ALL OWNED AUTOS eOOIL Y INJURY $
(Per pelllon)
BODILY INJURY $
NON..()WNED AUTOS (Per accident)
hysical Damage PROPERTY DAMAGE $
1,000 Comp I Collision
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE 25,000,000
B BE5683740 02128/04 02128/05 AGGREGATE 25,000,000
OTHER niAN UMBRELLA FORM 10,000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
INCl El DISEASE-POliCY LIMIT
EXCL EL OISEASE.EACH EMPLOYEE
DESCRIPTION OF OPERATlONSILOCATlONSNEHICLES/SPECIAL ITEMS
Re: Water and Wastewater Pump Station Upgrade. ProjectlTB No. 10-02/03. The certificate holder is named as Additional Insured as respects work
perfonned by the Named Insured for the referenced project.
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, FL 33139
SHOULD Am OF THE POlICIES DESCRIBED HEREIN BE. CANCEUED BEFORE THE EXPIRATION DATE THEREOf,
TIE INSURER AFFORDING COVERAGE WLL ENDEAVOR TO MAIL __-30. DAYS WRlnEN NOTICE TO THE
CERTlFICATE HOLDeR NAMED I'EREIN, BUT FAILURE TO MAil SUCH NOTlCE SHALL IMPOSE NO OBLIGATlON OR
LIABILITY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTAnVES, OR THE
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Stephen Flynn
.l,t- +
,., 'Ii ALio. A{()F:tO:i/17/04
;..t1r^;;L:'~:.i~$;J:;~lj1-;:i+;(~J;~;~~',~\:;::',.;"S:;270
w;.~?
d.
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ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
R9V-02SD 12/12/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SRM Insurance Brokerage LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
40 Wantage Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Branchville, NJ 07890 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAtC#
INSURED INSURERA: Selective Ino Ca af Southeaat
Selective HR Solution.. Inc. Selective Ins Co of America
L/C/' Widell, Inc. INSURER 8:
6920 Prof...ional Parkway B..t INSURER C:
Saraaota, PI. 34240
941 75$-4634 ext 191 fax 941-756-4724 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR r..~~'i TYP. n. 'u, ." POUCY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER LIMITS
..!!!',NERAL UABIUTY EACH OCCURRENCE $
COMMERCIAL GENERAL. LIABILITY I ~=~~~~E~~.:i~l $
l CLAIMS MAOE 0 OCCUR MED EXP(Anyone person) S
I---- PERSONAL & AnV INJURY $
f-- GENERAL AGGREGATE $
rl'LAGG:En LIMIT APrlPER PRODUCTS - COMPIOP AGG S
POLICY ~~RT lOC
~TOMOBILE UABrLJTY COMBINED SINGLE LIMIT $
ANY AUTO (Ea 8[:Cjdent)
I----
I---- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULEDAlJTOS (Per person)
I----
f-- HIRED AUTOS BODilY INJURY
(Per accident) $
I---- NON-OWNED AlJTOS
f-- PROPERTY DAMAGE $
(Per aa:ident)
ROE UABIUTY AUTO ONLY - EA ACCIDENT S
ANY AUTO OTHER THAN EAACC S
AUTO ONLY: AGG $
:JESSlUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTl8LE $
RETENTION S $
A WORKERS COMPENSATION AND WC7920573 01/01/2004 01/01/2005 X I T~~T~1'4;, I IOJ~-
B EMPLOYERS'LIA8IUTY WC792 0572 E.L. EACH ACCIDENT $ 1,000.000
ANYPROPRETO~ARTNE~XECUTNE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 1,000,000
~~~~~~~r:'O~I~~N5 below E.L DISEASE - POLICY L1"'tT S 1,000.000
OTHER
DESCRIPnON OF OPERATIONS' LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SH~ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, .THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ OA YS WRITTEN
NOTICE TO THE CERTlFICATI: HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO osuea TION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Wielell, Inc. AUTHORIZED REPRESENTATIVE eb/l;b tJ{I.~LI#.
5365 Stirling Road.
.t. Lauelerel.le 'L 33314
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
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THIS IS' ~P!NCsTt-iAT "'~SURAACiA510ENTII'"IEO eaow HAS BI!!EN ISSUeD, IS IN FORCE, AND CONVEYS All 'THE
RIGHTS AND PI'lVllEGeS AFFORDED UNDER THE pOlICV. ..... _.n -----.-" ,,~-
:a~Cf~f -;~Ut.hW~InJl~;J.'a:4.~ 554':3'Ho._ :;~ specialty InS\l!:,ance Company
. 1 \-.. W t c/o Swett &. Crawford
6'71 Protess10na ParAway es LS167 US Hwv. 19 N., Suite 330
Suite 101 ~8
Saraso~a, FL 34~40 Cle~rwater. FL 33764
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W1r:1ell. Inc.
5365 Stirling Road
Ft. Lauderdale, FL 33314
LONlIllllIllll~II~' ~CY_ --.. ..----. ..
32ESP3676:5.00
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Inetallation Floater
COV6A_l!!!I"I!IlI~
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Wind, flood and earthquake are excluded perils.
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lt1E POLICV IS SUBJiCT TO THE PREMIUMS, FOAMS. AND '[:IUlSS IN efFB:f I'OA eACH POLlCV PERIOD. SHCUW THE
POLICY BE TERMlNA1l:D, THE COMPANY WIll. GIVE THE ADDmoNAL INTEA~"I' lDeNTIFIED'SElOW 40 DAve
WAITTEN NonOE, ANO WIll SEND NOTIFIOA"ON OF, ANY CHANGeS "1'0 THI!. POUCY THAT WOUW AFFECT "THAT
I EST IN ACCORDANCE WITH e POLICy PflOVlS10NS OR AS A tAr;O BY v. .
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~MUNIUODIIIII!I . . ~T~iIf . I~ A~~ITIONA ~'Vf"~
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1100 Con~ention Center D~1ve ~.
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Public Work
F.S. Chapter 255.05 (l)(a)
Cover Page
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME, NOTICE AND OTHER LIMITATIONS
OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE
INCORPORATED HEREIN BY REFERENCE.
Executed in 5 Counterparts
BOND NO.:
24017643
CONTRACTOR NAME:
Widell, Inc.
CONTRACTOR ADDRESS:
5365 Stirling Road
Fort Lauderdale FL 33314
CONTRACTOR PHONE NO.:
(954) 587-0520
SURETY COMPANY:
Liberty Mutual Insurance Company
175 Berkeley St.
Boston MA 02117 (617) 357-9500
OWNER NAME:
City of Miami Beach FL
OWNER ADDRESS:
1700 Convention Center Drive
Miami Beach FL 33139
OWNER PHONE NO.:
(305) 673-7493
OBLIGEE NAME: (IfconlTaCting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
$2,602,500.00/$2,602,500.00
CONTRACT NO.: (If applicable)
Bid No. 50-02/03
DESCRIPTION OF WORK:
MacArthur Causeway 20 inch Watermain and
Terminal Island Water Booster Station
PROJECT LOCATION:
City of Miami Beach FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
THE ATTACHED COVER PAGE AND TERRORISM RIDER FORM AND BECOME A PART OF THIS BOND.
BOND NO. 24017643
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We
Widell, Inc.
, as
Principal, hereinafter called CONTRACTOR, and
Liberty Mutual Insurance Company , as Surety, are bound to the City of Miami
Beach, Florida, as Obligee. hereinafter called CITY, in the amount of
Two Million, Six Hundred Two
Thousand, Five Hundred and 00/100 Dollars ($2,602,500.00 ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: 50-02103 awarded the 4t-h day of
FEBRUARY , 20-O..L, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
MacArthur Causeway 20 inch watermain and Terminallsland* , the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and *Water Booster Station
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
BID NO: 50-02/03
DATE: 10103/03
CITY OF MIAMI BEACH
52
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a Bid or Bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this ___ day of
_____, 20__.
BID NO: 50-02/03
DATE: 10103/03
CITY OF MIAMI BEACH
53
FORM OF PERFORMANCE BOND
(Continued)
WITNESSES:
-~~~7/-
~;cretary
Robert E. Hodges
(CORPORATE SEAL)
By:
Widell, Inc.
~ -<~me=--
(Signature)
l$ei t!LllJi ckl eLVi cELPresj dent
(Print Name and Title)
IN THE PRESENCE OF:
INSURANCE COMPANY:
L:il:Erty M.Ib.Bl Im..Iran::E ~
_~()-~l.c:b~
---~-~-----
__~_)1I/:-__DxI.~~~-/
By: ~~1~=~~: >
Address: Fkr:id3. an:t:y B::rrl;, In::.
417 ~~ Mte 1701
.AI..I...:aJ...lp ~rg:: FL "lno~_______
(City/State/Zip Code)
Telephone No.: J407J 786-mo
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
54
THE ATTACHED COVER PAGE AND TERRORISM RIDER FORM AND BECOME A PART OF THIS BOND.
BOND NO. 24017643
00720. FORM OF PAYMENT BOND
BY THIS BOND, We Widell, Inc.
, as
Principal, hereinafter called CONTRACTOR, and
Liberty Mutual Insurance Company , as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Two Million, Six Hundred Two
Thousand, Five Hundred and 00/100 Dollars ($~2.500.00 for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: 50-02/03 awarded the ___ day of
, 20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
Bro NO: 50.02103 CITY OF MIAMI BEACH
DATE: 10103/03 55
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this ______ day of _____________________, 20____.
CONTRACTOR
ATTEST:
_~f~~d tf-
(Secreta~
Robert E. Hod es
By:
Widell, Inc.
(Name of Corporal"
~ -=::: -----------
(Signature)
(Corporate Seal)
_Keith A._Pickl~ Vic~~re?ide~t
(Print Name and Title)
l~ day of __@L}[f.L..f+_, 20Jft.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
56
IN THE PRESENCE OF:
INSURANCE COMPANY:
Liberty Mutual Insurance Company
~~;~~~1tt~n~~~
nCla . aug er
Address: Florida Surety Bonds, Inc.
417 CenterPoin(i~lt~~, Suite 1701
Altamonte Springs FL 32701
(City/State/Zip Code)
By:
Telephone No.: .!407l!~6-777~_
81D NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
57
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, ____Ro~rt~_=_ Ho<19..~_________________, 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
!eith A0ickl~__________, who signed the Bond(s) on behalf of the Principal, was
then Vi ce Pres i dtlnt 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.
sbf<qt~ (SEAL)
_ Wid.!!J.L Inc.
Corporation
STATE OF FLORIDA )
BROWARD ) SS
COUNTY OF MQ>>.1MXmmlE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared ___Robert E. Hodgg.L____________ to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
r--: I Subscribed and Sworn
__D..1JL!EfLLj-_____, 20.P...!L.
to
before
me
this
-0f-iJ
day
of
My commission expires:
___~/JI/P7
, ,
by-Wf.51u-'l.5vnJyu_
Bonded J. L. Guenther .
Notary Public - St;ate of Flonda 007
My Commi~si~n ExpIreS J~~i69 2
CommlSsiOn No. DD
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
58
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that Is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by anyone or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
[.
, THIS POWER OF ATTORNEY IS NOT VAUD UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
1325459
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
JEFFREY W. REICH, SUSAN 1.. REICH, TERESA L. ROBINSON, KIM E. NIV,LESLIE M.[)ONAHUE, PATRICIA L. SLAUGHTER,
JOHN GREGORY MACKENZIE, ALL OFTHE CITY OF ALTAMQNTE SPRINGS, STATE OF FLORIDA ............................................
.......................................................................................................................................................i1......................................................................
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, each individually if there be more than one nlimed, its true and lawful attorney-in-fact lQ make, execute, seal, acknowledge and deliver, for and on its
behalf liS surety and as its act ancldeed, an~,and all undertakings, bonds, recognizances and othe,rsu, r,ety oblill?tiOOllinthe penal sum not exceeding
TWENTY FIVE MILLION ANDOO/100'.........,', ...DOLLARS($ 25,000,000.00........ ) each, and the
execution of such undertakings, bonds, recognizances and other surety objigations, inilursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the presidentand attested by the secretary of the Complinyin their own prOper persons.
That this power is made and executed purs~ant to and by authority ofthef()JjoWing By-laW and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Compiir\y to make,
execute, seal. acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein lQ appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-In-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed therelQ in Plymouth Meeting, Pennsylvania this 25th day of June
2003
LIBERTY MUTUAL INSURANCE COMPANY
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COMMONWEAlTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
By(2. -* 6./~ ~.
Gamet W. Elliott, Assistant Secretary
On this ~ day of June , ..2QQa, before me, a Notary Public, personally came Gamet W Elliott. to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH P. ~ unto subscribed my name andaffi.x. ed my notarial seal at Plymo. uth Meeting, Pennsylvania, on the day and year
first above written. ~ ~O"W4'of. <-(
~ ~ (~ .. :,'~~if~g;;;~l~!;~s . By ~... ~
~_ _~~ Membef)J~~i1t'l::;y!VlmfaA$sociation ol-J{6mrlUs Terbsa f3astella. Notary PUbltc
~~\.'l\>l..~
":VJ;q~ ~
I, the undersigned, Assistan retaryofqberty Mutual Insurance CompanY, do herebycertity thattheoriginal powero! attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that tile officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman OJ the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
CERTIFICATE
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
~~
Davi M. Carey,ASS' .. Secretary
day of
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No. ________________
Beneficiarv:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on __________________________
(Bank, Issuer name)
at
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of ______________ available
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
__________________ (contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and _____________ (contractor),
pursuant to the ______________ (applicant, customer) Bid/Contract No.
_____ for ________________ (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
59
Drafts must bear the clause: "Drawn under Letter of Credit No.________________
(Number), of _____________________ (Bank name) dated ______________.
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the ______________________________________.
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
60
00800. GENERAL CONDITIONS:
1 . Proiect Manua I:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1 .3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of Bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
61
3. Preliminary Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ 1 Bar Chart
[ 1 Modified CPM
[l CPM
[Xl 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.
[ 1 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: 50-02103 CITY OF MIAMI BEACH
DATE: 10103/03 62
utility relocation, prO\,;ded, however, neither CONSULTANT nor
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of
Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
63
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
64
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the Bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond RatinQs Cateaorv
500,001 to 1 ,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to Bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of aLthority
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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
65
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification:
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY. The parties agree that the specific consideration for this
indemnification is given pursuant to section 00407 of the Contract
Documents.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
BID NO: 50-02103 CITY OF MIAMI BEACH
DA TE: 10103/03 66
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of One
Million Dollars ($1,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[X 1 7.1.2.1. Premises and/or Operations.
[X 1 7.1.2.2. Independent Contractors.
[X 1 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 1 7.1.2.4. Explosion, Collapse and Underground Coverages.
[Xl 7.1.2.5. Broad Form Property Damage.
[X 1 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ 1 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 1 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: 50-02/03 CITY OF MIAMI BEACH
DATE: 10/03/03 67
7.1.3. Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restricti ve endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1.
7.1.3.2.
7.1.3.3.
Owned Vehicles.
Hired and Non-Owned Vehicles.
Employers' Non-Ownership. (Not Applicable to this Bid)
[X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures 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.
[ ] 7.1.4.2.
Waiver of Occupancy Clause or Warranty.-Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[ ] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
68
7.1.5.1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance-When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction-- The policy(ies) must be
endorsed to provide CITY and the CONSULTANT with at least thirty (30)
days notice of cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
69
9. Rovalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Impact Fees:
11.1. Except as otherwise provided within the Supplementary Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
70
12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must rotify 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 lIIA1ich 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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
71
13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring a nd testing.
13.1.1.
13.1.2.
Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any fa\Or by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of the CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSUL TANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
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15. CITY's Riaht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such, delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
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15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process. Compensation
shall be withheld until all documents are provided to the City pursuant to
this article.
16. CONTRACTOR's Rioht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all \I\Ork executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assionment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
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18. Riohts 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. Differino 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
CONSUL TANT, the conditions do materially differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of Final Completion.
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20. Plans and Workinq Drawinos:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans, Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT in writing of all errors, omissions and discrepancies found therein
within three (3) calendar days of discovery. CONTRACTOR will not be allowed
to take advantage of any error, omission or discrepancy, as full instructions will
be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibility for Damaqes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warrantv.
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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24. Supplementary DrawinQs:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
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25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes:
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documerts shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[X] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than (twentv-five) 25% percent of the Contract
Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
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28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Comoleted Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
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29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. LeQal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
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close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and DamaQe to ExistinQ Facilities, Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
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.
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33. Value Enoineerino:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of.
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuino the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. ChanQes 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, exe,~uted by the parties hereto, with the same
formality and of equal dignity prior to'the initiation of any work reflecting
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such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of thelContract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
I.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. ChanQe Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
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method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of ChanQe Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
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the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive Bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such Bids to CITY who will then determine, with the advice of
CONSULTANT, which Bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: 50-02/03 CITY OF MIAMI BEACH
DATE: 10/03/03 86
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10103/03 87
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10103/03 88
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
38.4.2.3.
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
89
39. Notification and Claim for Chanoe of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a ylaim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaoes for 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: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
90
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delay; Compensable; Non-Compensable:
41.1 Excusable Delay. Delay which extends the rompletion 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 Dela y. 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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
91
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be ----:2:.- per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the cortrol 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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
92
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. ShOD DrawinQs:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, insta lIation 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 thirty (30)
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
reliev.~ CONTRACTOR from responsibility for errors or omissions of any
sort on the Shop Drawings. .
BID NO: 50-02/03 CITY OF MiAMI BEACH
DATE: 10/03/03 93
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and the n 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 shpll submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Lavout of the Work and Record DrawinQs:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices Bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Oders 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: 50-02/03 CITY OF MIAMI BEACH
DATE: 10/03/03 94
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to preve nt damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body hal.1ng jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10103/03 95
[X] 47.Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each Bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit oosts established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Pavment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CONTRACTOR and
performed by a testing firm chosen by CONSULTANT. For road construction
projects the procedure for making tests required by CONSULTANT will be in
conformance with the most recent edition of the State of Florida, Department of
Transportation Standard Specifications for Road and Bridge Construction. The
cost of any required test which CONTRACTOR fails shall be paid for by
CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
BID NO: 50-02/03 CITY OF MIAMI BEACH
DATE: 10/03/03 96
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. CleaninQ Up: City's Rioht to Clean Up:
CONTRACTOR shall at all times keep the premises free tom 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
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Equal Employment Opportunity. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
97
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project. CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
98
00900. SUPPLEMENTARY DOCUMENTS:
A report of Subsurface Soil Exploration and Geotechnical Engineering Evaluation of
Subsurface Conditions is available, it is attached with the bid plans and specifications at
T-Square Miami (305) 324-1234.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
99
00920. ADDITIONAL ARTICLES: N/A
[X] 1.
PrevailinQ Waqe Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects:
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10103/03 100
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
o
Publication Date
06/13/2003
COUNTY (ies) :
DADE
ASBE0060A 09/01/2002
Rates
Fringes
ASBESTOS WORKERS/HEAT AND FROST
INSULATORS
26.13
6.86
ELEC0349A 06/01/2002
Rates
Fringes
ELECTRICIANS (Including Fire Alarm
Installation) :
Electrical contracts including
materials that are less than
$2,000,000
20.50
4.30 + 8%
Electrical contracts including
materials that are over
$2,000,000
22.96
4.30 + 8%
ELEV0071A 11/01/2001
ELEVATOR MECHANICS
Rates
25.285
Fringes
7.455+A
FOOTNOTE FOR ELEVATOR CONSTRUCTORS:
A: Employer contributes 8% basic hourly rate for 5 years
or more of service or 6% basic hourly rate for 6 months
to 5 years of service as Vacation Pay Credit; Paid
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
101
Holidays: New Year's Day; Memorial Day; Independence
Day; Thanksgiving Day; Christmas Day, plus the Friday
after Thanksgiving.
ENGI0487A 10/01/2001
Rates
Fringes
POWER EQUIPMENT OPERATORS:
Boom Truck Operator
Crane (Including Truck Crane)
Crane Oiler (Including Truck Crane)
Piledrivers
19.23
22.40
16.15
19.25
3.40
3.40
3.40
3.00
IRON0272B 04/01/2003
Rates
Fringes
IRONWORKERS:
Ornamental
Reinforcing
Structural
19.75
19.75
19.75
4.70
4.70
4.70
PLUM0519A 03/16/2003
PLUMBERS
Rates
22.27
Fringes
5.68
PLUM0725A 07/16/2002
PIPEFITTERS (Including HVAC)
Rates
23.95
Fringes
6.50
SFFL0821A 01/01/2003
SPRINKLER FITTERS
Rates
22.40
Fringes
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 Batt Installation)
CARPET LAYERS
CEMENT MASONS/CONCRETE FINISHERS
DRYWALL FINISHERS
GLAZIERS
LABORERS:
Unskilled (Including Mason Tending)
Rates
10.00
15.36
Fringes
0.62
12.90
14.25
14.50
12.50
13.05
2.40
3.15
2.42
8.70
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
102
Pipe layers
Plasterer Tenders
PAINTERS, BRUSH
PLASTERERS
POWER EQUIPMENT OPERATORS:
Backhoe
Bulldozer
Grader
Loader
Concrete Pump Operator
Roller
ROOFERS
TILE SETTER
TRUCK DRIVERS
13.81
10.09
9.61
15.05
15.71
14.58
15.93
15.04
14.78
12.84
9.99
12.50
10.95
2.85
2.85
2.85
2.85
2.85
0.87
1. 83
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (ii)) .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
103
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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
104
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960)
Contract No.
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___
(Contractor)
By:
By:
(Signature)
(Print Name a nd Title)
COUNTY OF
)
) SS
)
STATE OF
The foregoing instrument was acknowledged before me this ______ day of
________, 20__, by who is
personally known to me or who has produced ______________ as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ______ day of ___________, 20__.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
105
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
ProjectTitle
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated ________, 20___
Contractor
By:
By:
(Signature)
(Print Name and Title)
STATE OF
COUNTY OF
)
) SS
)
The foregoing instrument was acknowledged before me this ________ day of
____________, 20__, by _____________________________ who is
personally known to me or who has produced ____________________ as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ______ day of ___________, 20__.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
106
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be 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
use by CITY. A Certificate of Occupancy must be issued for
Substantial Completion to be achieved, however, the
issuance of a Certificate of O::cupancy or the date thereof
are not to be determinative of the achievement or date of
Substantial Completion.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
107
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date offinal 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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
108
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies hat 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.
------------------- ------------------- --------
CONSUL TANT 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: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
109
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this _____ day of , 20___, from City
of Miami Beach, Florida, the sum of ______________________ Dollars
($__________) as full and final payment to CONTRACTOR for all work and materials
for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Secretary)
(Signature)
(Corporate Seal)
(Print Name and Title)
__ day of
,20__.
F:IA TTOIAGURlAGREEMNl\fronlendlstdfrm.frtend.fnl.doc
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
110
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
____ day of ___________, 20___.
F:IA TTOIAGU RlAGREEMNT\froritend\stdfnn.frtend. fnl.doc
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
111
[X] 00950. DRAWINGS INDEX:
BID NO. 50-02/03
MACARTHUR CAUSEWAY 20-INCH WATERMAIN AND
TERMINAL ISLAND WATER BOOSTER STATION
* NOTE: Plans/Drawings are available for this Bid but must be ordered
through T-Square Miami (305) 324-1234. The attached order form on page 11 of
this Bid package must be completed and returned to T-Square Miami before
prospective Bidders will receive requested plans and specifications. Following is
a list of Drawings of the Bid set.
INDEX OF DRAWINGS
SHEET NO. TITLE
GENERAL
GO COVER
G1 INDEX AND LEGEND
G2 ABBREVIATIONS
CIVIL
C-1 TERMINAL ISLAND BOOSTER PUMP STATION -
SITE/BORINGS/PIPING PLANS
C-2 MacARHTUR CAUSEWAY - PLAN ST A. 218+00 TO ST A. 224+00
C-3 MacARHTUR CAUSEWAY - PLAN ST A. 224+00 TO ST A. 230+00
C-4 MacARHTUR CAUSEWAY - PLAN ST A. 230+00 TO ST A. 236+00
C-5 MacARHTUR CAUSEWAY - PLAN ST A. 236+00 TO ST A. 243+00
CD-1 MISCELLANEOUS CIVIL DETAILS
CD-2 MISCELLANEOUS CIVIL DETAILS
ARCHITECTURAL
A-I SITE PLAN
A-2 GROUND & 2ND. FLOOR PLANS
A-3 ELEVATIONS
A-4 BUILDING SECTION
A-5 WALL SECTIONS
A-6 DETAILS
A-7 DETAILS
A-8 WINDOW TYPES
STRUCTURAL
S-I TERMINAL ISLAND BOOSTER PUMP STATION PLANS AND SECTIONS
S-2 TERMINAL ISLAND BOOSTER PUMP STATION PLANS
S-3 TERMINAL ISLAND BOOSTER PUMP STATION ELEVATIONS,
SECTIONS AND DETAILS
S-4 TERMINAL ISLAND BOOSTER PUMP STATION SECTIONS
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
112
S-5 TYPICAL PIPE SUPPORT DETAILS
SD-I STANDARD STRUCTURAL DETAILS
MECHANICAL
M-l BOOSTER PUMP STATION - PLANS AND SECfIONS
MD-l MISCELLANEOUS MECHANICAL DETAIlS
HVAC
H-l HV AC SYMBOlS AND ABBREVIATIONS
H-2 TERMINAL ISLAND WATER BOOSTER PUMP STATION HV AC
PLANS
H-3 HV AC SCHEDULES AND DETAIlS
ELECTRICAL
E-I ELECTRICAL SYMBOLS AND ABBREVIATIONS
E-2 TERMINAL ISLAND WATER BOOSTER PUMP STATION ELECTRICAL
SITE PLAN
E-3 TERMINAL ISLAND WATER BOOSTER PUMP STATION SINGLE LINE
POWER DIAGRAM
& FRONT VIEW
E-4 TERMINAL ISLAND WATER BOOSTER PUMP STATION POWER PLANS
E-5 TERMINAL ISLAND WATER BOOSTER PUMP STATION LIGHTING
PLANS
E-6 TERMINAL ISLAND WATER BOOSTER PUMP STATION ELEMENTARY
CONTROL DIAGRAMS
E-7 LIGHTING FIXTURE AND PANEL SCHEDULES
E-8 ELECTRICAL DETAILS
INSTRUMENTATION
I-I INSTRUMENTATION LEGEND SHEET
1-2 BLOCK DIAGRAM
1-3 P&ID AND INSTRUMENTATION LOOP DIAGRAMS
1-4 INSTRUMENTATION LOOP DIAGRAMS
1-5 INSTRUMENTATION DETAILS
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
113
1000. ADDENDAAND MODIFICATIONS:
All addenda and other modifications made prior to the time and date of Bid
opening shall be issued as separate documents identified as Addendums to the
Bid Document and Design Criteria Package. (Please see page 123)
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
114
02000. TECHNICAL SPECIFICATIONS:
BID NO. 50.{)2103
MACARTHUR CAUSEWAY 20-INCH WA TERMAIN AND
TERMINAL ISLAND WATER BOOSTER STATION
* NOTE: Specifications are available for this Bid but must be ordered through T-Square
Miami (305) 324-1234. The attached order form on page 10 of this Bid package
must be completed and returned to T-Square Miami before prospective Bidders
will receive requested specifications or plans.
TABLE OF CONTENTS
GENERAL REQUIREMENTS
DIVISION 1 - GENERAL REQUIREMENTS
01010
01030
01045
01046
01050
01090
01150
01152
01200
01300
01310
01370
01380
01410
01505
01510
01520
01550
01580
01590
01600
01630
01700
01710
01720
01730
01740
Summary of Work
Special Project Procedures
Cutting and Patching
Modifications to Existing Piping and Equipment
Field Engineering
Reference Stardards and Abbreviations
Measurements and Payment
Applications for Payment
Project Meetings
Submittals
Construction Scheduling
Schedule of Values
Construction Photographs
Testing and Testing Laboratory Services
Control of Work
Temporary Utilities
Construction Aids
Site Access and Storage
Project Identification and Signs
Field Offices
Materials and Equipment
Substitutions and Product Options
Contract Closeout
Cleaning
Project Record Documents
Operating and Maintenance Data
Warranties and Bonds
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
115
DIVISION 2 - SITEWORK
02050
02100
02200
02220
02221
02223
02270
02356
02360
02513
02515
02600
02900
02930
02932
Demolition and Renovation
Site Preparation
Earthwork
Structural Excavation, Backfill & Compaction
Trenching, Bedding, and Backfill for Pipe
Excavation Below Normal Grade and Gravel Refill
Temporary Erosion and Sedimentation Control
Pile Load Tests
Drilled Piles
Asphaltic Concrete Paving
Walkways
Yard Piping
Landscaping
Shrub and Tree Transplanting
Sodding
DIVISION 3 - CONCRETE
03100
03200
03250
03300
03350
03600
03740
03800
Concrete Form Work
Concrete Reinforcement
Concrete Joints and Joint Accessories
Cast-in-Place Concrete
Concrete Finishes
Grout
Modifications and Repair to Concrete
Concrete Electrical Raceway Encasement
DIVISION 4 - MASONRY (NOT USED)
DIVISION 5 - METALS
05120
05500
05520
Structural Steel
Miscellaneous Metal
Metal Handrails and Guardrails
DIVISION 6 - WOOD AND PLASTICS
06100 Rough Carpentry
06200 Finish Carpentry
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07133 Sheet Membrane Waterproofing
07552 Fully-Adhered Thermoplastic Membrane Roofing
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
116
07600 Flashing and Sheet Metal
07900 Joint Sealers
07920 Caulking
DIVISION 8 - DOORS, WINDOWS, AND GLASS
08110
08400
08710
08800
Metal Doors and Frames
Store Front
Finish Hardware
Glazing
DIVISION 9 - FINISHES
09220
09240
09831
09901
09902
09903
Portland Cement Plaster (Stucco)
Acrylic Plaster Finish Systems (EIFS)
Waterproof Coating
Surface Preparation and Shop Prime Painting
Painting
Architectural Painting
DIVISION 10- SPECIALTIES
10210
10400
10520
Stationary Louvers
Signage
Fire Protection Specialties
DIVISION 11 - EQUIPMENT
11214 Vertical Turbine Pumps
11303 Submersible Sump Pumps
DIVISION 12 - FURNISHINGS (NOT USED)
DIVISION 13 - SPECIAL CONSTRUCTION
13300
13315
13325
13350
Process Instrumentation and Controls - General Provisions
Process Instrumentation and Controls - Products
Control Panels and Panel Mounted Equipment
Programmable Logic Controller (PLC)
DIVISION 14 - CONVEYING SYSTEMS (NOT USED)
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
117
DIVISION 15 - MECHANICAL
15051
15062
15063
15064
15094
15100
15120
15500
Piping - General Requirements
Ductile Iron Pipe and Fittings
Copper Pipe and Tubing
Polyvinyl Chloride (PVC) Pipe and Fittings
Pipe Hangers and Supports
Valves
Piping Specialties
Heating, Ventilating, and Air Conditioning (HVAC)-General Provisions
DIVISION 16 - ELECTRICAL
16000
16110
16120
16150
16191
16370
16470
16480
16500
16600
16660
Electrical - General Provisions
Raceways, Boxes, Fitti ngs and Supports
Wires and Cables
Motors
Miscellaneous Equipment
Variable Frequency Drives
Panelboards
480 Volt Motor Control Centers
Lighting System
Underground System
Grounding Systems
Appendix A Supplemental Information.
BID NO: 50-02103
DATE: 10103/03
CITY OF MIAMI BEACH
118
03000. BID PROPOSAL FORM (PaQe 10f2)
BID NO. 50-02/03
MACARTHUR CAUSEWAY 20-INCH WATERMAIN AND
TERMINAL ISLAND WATER BOOSTER STATION BID FORM
Our LUMP SUM BID includes the total cost for the work specified in this Bid, consisting
of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit
required for a new water booster pump station on Terminal Island and associated 20-
inch diameter water main to be suspended along the north side of the MacArthur
Causeway for an approximate length of 2,600 linear feet in accordance with the Scope
of Work and Specificationsl Drawings.
1. For furnishing and installing all necessary materials, equipment, supplies and all associated
work including labor, excavation, installation, demolition, salvaging, taxes, insurance, general
bonds and administration, testing, start-up, and all other miscellaneous costs, overhead
warranties and profit for the new water booster pump station on Terminal Island, including but
not limited to yard piping, site restorat~"s~~~ te~nbod warranty of all eqUiPm~
Lump Sum: $ ~4& ~i::T_ ~-=--- ./ V
2. For furnishing and installing all necessary materials, equipment, supplies and all associated
work including labor, excavation, installation, demolition, salvaging, taxes, insurance, general
bonds and administration, testing, start-up, and all other miscellaneous costs, overhead
warranties and profit for the new 20-inch diameter water main to be suspended along the
north side of the MacArthur Causeway including all appurtenances and connections to the
City's existing water system on both the East and West end of the causeway.
Lump Sum: $____~~~1~_<!_=______
3. For furnishing and installing all landscaping work at the new pump station site on Terminal
Island, including labor, excavation, installation, demolition, salvaging, taxes, insurance,
general bonds and administration, and all other miscellaneous cost, overhead, warranties
and profit.
Lump Sum: $_____~~_'2"~_~___=_____
~
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
119
Page 2 of 2
Keith A. Pickle, Director/President
TITLE/PRINTED NAME:
ADDRESS: 5365 Stirling Road, Ft. Lauderdale, FL 33314
FAX: 954-587-6653
TELEPHONE NUMBER: 954-587 -0520
8ID NO: 50-02103
DA TE: 10/03/03
CITY OF MIAMI 8EACH
120
03500.
SCHEDULE OF SUPPLIERS
The Contract Docwnents are based upon the equipment or products available from the Suppliers
denoted as "A", "B", etc. Provision will be made in the Contract Docwnents for alternate suppliers
whose equipment or product may be deemed equivalent in quality (see Section 01630 Substitutions
and Product Options). However, in order to be responsive the Bidder must indicate in the Bid which
supplier the Bidder intends to use for each item of equipment Listed on this form by circling one of
the listed suppliers.
If the Bidder fails to indicate which listed supplier the Bidder intends to use if an alternate is rejected,
the Bidder must use the supplier listed as "A". Also, if the Bidder circles more than one listed
supplier, the Bidder must use the first supplier circled.
PART A - SCHEDULE OF SUPPLIERS
EQUIPMENT SUPPLIER
BASE BID
ITEM ITEM OR (Circle One Item)
MATERIAL
Ductile Iron Pipe @ U.S. Pipe
(Section 15062) B. American Cast Iron Pipe
2 Vertical Turbine Pumps @ Flowserve Pump Division
(Section 11214) B. Fairbanks - Morse
C. Verti- Line
3 Air Release Valves (!;; APeO
(Section 15100) B. VaI- Matic
4 Butterfly Valves A. DeZurik
(Section 15100) @ Henry Pratt
C. Keystone
5 Gate Valves ([) M&H
(Section 15100) B. Dresser
C. American Darling
D. V.S. P,'tE
6 Check Valves (Slanting Disk) @ APeO
(Section 15100) B. Val-Matic
7 480 Volt Switchgear ~CUtler-Hammer
(Section 16480) . Square D
C. General Electric
BID NO: 50-02/03
DATE: 11/19/03 OV;OO-2
ITEM
EQUIPMENT
ITEM OR
MATERIAL
SUPPLIER
BASE BID
(Circle One Item)
8
480 Volt Motor Control
Centers (Section 16480)
('A) Cutler-Hammer
Y Square D
C. General Electric
9
Variable Frequency Drives
(Section 16370)
o Robicon
10
-Instrumentation System
Supplier
(Section
13300)
A. US Filter
B. CC Controls
(S) Rocha Controls
D. Commerce Controls, Inc.
E. Scandia Technologies,
Inc.
Items not listed here are covered under the respective specification sections. After receipt of Bids,
CONTRACTOR may not substitute any Supplier circled above except as pennitted under the
Contract Documents.
BID NO: 50-02/03
DATE: 11/]9103
03500-2
04000. ACKNOWLEDGEMENT OF ADDENDA
BID NO. 50-02/03
MACARTHUR CAUSEWAY 20-INCH WA TERMAIN AND TERMINAL
ISLAND WATER BOOSTER STATION
Directions: Complete Part lor 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 _____J-J-11.91.9L__________
Addendum No.2, Dated _____J-1L181.QL__________
Addendum No.3, Dated ______lljJ~lilL__________
Addendum No.4, Dated _____Jl1021.Q1___________
Addendum No.5, Dated _____Jl1illl.QL__________
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff Date
Bidders- Name
Date
Signature
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
123
05000.
CUSTOMER REFERENCE LISTING
BID NO. 50-02/03
MACARTHUR CAUSEWAY 20-INCH WATERMAINAND TERMINAL
ISLAND WATER BOOSTER STATION
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum
of 3 firms or government organizations for which the Contractor has provided
services encompassing past work that meets the Minimum Requirements which states:
Minimum Requirements: Prospective Bidders must have three (3) years minimum
experience as a Prime Contractor. Prospective Bidders must have completed at least
three (3) projects within the last ten (10) years, associated with water and/or wastewater
l<JI~~ 7- ,C' pumping station or treatment plants and/or at least 2000 linear feet of 16-inch diameter
""'" tl' \ S j or larger water or wastewater main install~ti9n with a minimum total project value of $1.5
Million each; and where the Bidder~~ert~cr~s1~grPrime Contractor. Prospective bidders Qr
.h , lib r~,d'Y;1,~[.; must have experience in structures, including rrulti-story glass facades and poured-in-
place concrete.
The Prime Contractor can either be licensed in the State of Florida as an Engineering
Utility Contractor or General Contractor. Each Bidder shall furnish a list of all projects
demonstrating experience encompassing the above referenced components. In order to
properly evaluate the bids, the City requests that each prospective Bidder submit project
references for previous projects completed within the last ten (10) years.
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
124
Please furnish the following information pertinent to past projects completed that
will provide a reference in meeting the Minimum Requirement for this project.
1. Pr~ectName___el~as~~JL~JJ~fb~Q~~~_Q~~G!j~Jjon_________________
Project location____________________________________________________
Brief description of work performed_________________________________
Contact Name:________________________
Address: ________________________
Phone:_______________________________
Fax No. _____________________________
Owner or Agency_______________________________________________ ___
Architect or Landscape Architect, or Engineering Consultant:
General Contractor (if work performed as a Sub Contractor)
Name of General Contractors' project manager and field superintendent
Awarded contract amount and final contract amount
Explanation of differences between award and final contract amounts, if difference
exceeds 10%
Original scheduled project completion date, actual final completion date.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI 8EACH
125
2. Pr~ectName__El~~i~_~~_~~~~~ed_~QQ_Qes~CULti~n__________________
Project location___________________________________________
Brief description of work performed____________________________________
Contact Name:________________________
Address: ________________________
Phone:_______________________________
Fax No.
Owner or Agency_______________________________________________ ___
Architect or Landscape Architect, or Engineering Consultant:
General Contractor (if work performed as a Sub Contractor)
Name of General Contractors' project manager and field superintendent
Awarded contract amount and final contract amount
Explanation of differences between award and final contract amounts, if difference
exceeds 10%
Original scheduled project completion date, actual final completion date.
BID NO: 50-02/03
DATE: 1ll/03/03
CITY OF MIAMI BEACH
126
3. Project Name~~~a..:;~_~~~_~!!~~~ed _~~-p!~~~jE.!.:!.~!!_________________
Project location____________________________________________________
Brief description of work performed
Contact Name:____________________
Address: ________________________
Phone:_______________________________
Fax No.
Owner or Agency_________________________________________________ _
Architect or Landscape Architect, or Engineering Consultant:
General Contractor (if work performed as a Sub Contractor)
Name of General Contractors' project manager and field superintendent
Awarded contract amount and final contract amount
Explanation of differences between award and final contract amounts, if difference
exceeds 10%
Original scheduled project completion date, actual final completion date.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
127
4. Project Name___~L~a se_j;,g,g_1!j;j;.i!.~he..!LJ.o.b... De s c r j,oti..oIL______________
Project location_______________________________________________
Brief description of work performed___________________________________
Contact Name:________________________
Address: ________________________
Phone:_______________________________
Fax No._____________________________
Owner or Agency_________________________________________________
Architect or Landscape Architect, or Engineering Consultant:
General Contractor (if work performed as a Sub Contractor)
Name of General Contractors' project manager and field superintendent
Awarded contract amount and final contract amount
Explanation of differences between award and final contract amounts, if difference
exceeds 10%
Original scheduled project completion date, actual final completion date.
BID NO: SO-02/ll3
DATE: lO/ll3/03
CITY OF MIAMI BEACH
128
THE AMERICAN INStITUTE OF ARCHITECTS
=
~li~r\f~
...:;"';:~"."'I~"':~""
_ ... _ r'. J\"J-;--
~~~
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we WIDELL. INC.
5365 STIRLING ROAD FT. LAUDERDALE, FL 33314
(Here insert full name ,and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and HARTFORD ACCIDENT AND INDEMNITY COMPANY
HARTFORD PLAZA HARTFORD, CT 06115
a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the Surety, are held and
firmly bound unto CITY OF MIAMI BEACH. FLORIDA
PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139
(Here insert full name ,and address or legal title or Owner)
as Obligee, hereinafter called the Obligee, in the sum of ---3% of Amount Bid--- (--3% of Bid--)
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 Principal has submitted a bid for
MACARTHUR CAUSEWAY 20-INCH WATERMAIN AND TERMINAL ISLAND WATER BOOSTER
STATION, BID/CONTRACT NO. 50-02/03.
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shan accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid and give such bond or bonds as may be specifIed in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shan pay to the Obligee the difference not to exceed the penalty hereof between the amount specifIed in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this
obligation shan be nun and void, otherwise to remain in full force and effect.
Signed and sealed this 14th day of November. 2003.
(Seal)
Director/President
~~n~
(Witness) (Title) ANT
and
AlA DOCUMENT A310 BID BOND AlA@ FEBRUARY 1970 ED THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W. WASHINGTON, D.C. 20006
T. A , JR., Attorney-in-Fact
Licensed Florida A2ent
I
HRH of Sarasota
6771 Professional Parkway West
Sarasota, Fl34240
941.554.3140
POWER OF ATfORNEY
THE HARTFORD
HARTFORD PLAZA
HARTFORD, CONNECTICUT 06115
Twin City Fire Insurance Company D
Hartford Insurance Company of Illinois D
Hartford Insurance Company of the Midwest D
Hartford Insurance Company of the Southeast D
[TI
[TI
IT]
D
Hartford Fire Insurance Company
Hartford Casualty Insurance Company
Hartford Accident and Indemnity Company
Hartford Underwriters Insurance Company
KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity
Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford
Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company,
Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the
State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having 1heir home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and
appoint, up to the amount of unlimited:
Anthony T. Papa, Jr., Carol A Martini
of
Sarasota, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)
only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written
instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings
allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000,
the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly
attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby
unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney.
~
.
f~O Oi.. ~
/I'bf~
Paul A. Bergenholtz. Assistant Secretary
John P. Hyland, Assistant Vice President
STATE OF CONNECTICUT}
5S. Hartford
COUNTY OF HARTFORD
On this 191h day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did
depose and say: that he resides in the County of Hartford, Stale of Connecticut; that he is the Assistant Vice President of the Companies,
the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals
affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors'of said corporations
and that he signed his name thereto by like authority.
?~/ ~::~
Nolary Public
My Commission Expires June 30, 2004
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and
correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 14. 2003.
Signed and sealed at 1he City of Hartford.
~~
Colleen Mastroianni, Assistant Vice President
Ac#05 E?~62 0
STATE OF FLORIDA
OEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION. . .'. .
. CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L02090.0167~
~9~:;~uM~1~::~:;::':~~':::::::,7~' '. ,~.,"~:".
:rhe G~NE;~ CQNT,R.ACTOR
.:t(a\1nea Rel'cnfi,3:f;;CERTIFIED ,(!"'.
U"nder >the p'rovisions of Chapt.e*,;.4.~9 1"8.
Expiration date: AUG 31, 2004 ~< q
.J
PICKLE, KEITH ALAN
W!I)ELLINC
943 S BENEVA RD
PO.BOX 4297
SARASOTA FL 34230-4297
g~~E~~1
.,- J.
DISPLAY AS REQUIRED BY LAW
KIM BINKL2Y - SEYER,' .
SECRE'l'ARY
c __ - -__. __- -._ ~_ -- ---- --__._ -._ _._ ~--_ ~__ .n. --- - -.,-__ _~___.__._ ___ ___ ________ __ ___ ___.. ___ _~___ .'_.__ __
r (l3 TI\()NI;W';:t~ t 1'*0 :;!():'iO
FORM NO.
40HBO/AC 25.061
Board of County Commi$sion.r$, Broward County Florida
BROWARO COUNTY OCCUPAtiONAL LICENSE tAX
FOR PERIOD OCTOBER 1,2003 THRU SEPTEMBER 30, 2004
0<)',<:26
d<RENEWAL
o NEW
q TRANSFER
SEC #
tlil ;' t~O
()(-1/:'~.'V91
TAX
BACI( TAX
PENA~ TV
T.C.FEE
TRANsFER
~ I.Ot
RENEW ON OR BEFORE
SEPTEMBER 3D, 20()3
PENAlTIES IF PAID
QCT, - 100/. I. NOV.. 15%
· DEC. - 2cW. I' AfI~t DEC. 31 - 250;'
" PILl~T~'Colleciion Fee of up to $25.00
Based on Cost of license if Paid
On or After_Nov.m~' 30 2003
I. ACCOUNT :aER
. "-I}().- _ () 4'.~ '7()
DATE BUSINESS OPENED
STATE OR COUNTY CERT/REG' t:f>>t::. '>0, 'l. 7'.':1
Business Location Address:
~.;. ~.!>:") S'j' 'CRt.. (Nt; t<J)
F" 1..AUI)..:r<I)AI.l': .~. J.:H.-\
T.1l1:1INe:B: I Pl-\IlNl::: (0.)'.)) :,:,17 -O;';'-'lO
TQTA~
'2.I,O(
r
THIS LICENSE MUST BE CONSPICUOVSLY DISPLAYE!)
TO PVBlIC VIEW I\T THE LOCATION ADaRESS ABOVE.
\oJ:r Dt!:1 .I. t: Nt;:
I< f: r I'll At.f.>N .~ {I';/( LI~
~~~ ~f~R~(Nl. RD
F[)fH '-t'lI.IPEf':I)(\l.,~. r-I~ ;$3;,~1.4
B~,ARD L TYPE
R- COUNTY ~E:Ne:'(AI
_:iiil._._'____._ .i
OF LICENSE TAX PAID
I::"N rt~AC ft If"(
I.JN( nil
6ROWARD COUNTY ReVENUe COLLECTOR
115 S. Andrews Avenue, Governmental Center Annex
FORT LAUOERDALE, FL 33301
2003 '" 2004
PAYMENT RECIOIV~D AS VAlIDATlOo ABOVE
'SEE INSTRUCTIONS ON BACI( OF LASt COpy
PA (I) ()R/1.9;"),~ ?()().5.$74.c)OO1.
:;l"'.0<>
IIT~N
D..ME
..
OCCUPATIONAL LICENSE
NAME AND LOCATION OF LICENSe.
WIDEll INC
5365 STIRLING RD
DAVIE FL 33314
PASAT STD
u.s. POSTAGE
PAID
MANASOTA, Fl
PERMIT #710
P.O. BOX 5917
DAVIE, FL 33310.5917
CONTROL NO. LICENSE TYPE BEGINNING .... . . Eli/DING oN . pHONe NUMBER
0007365 kEGULAi< 10/0112003 9/30/2004 954-587-0520
LICENSE if I CODe. I ' . .' '. .' tlESCRIPTLON .' .
0..-08422 05800 CJ'HRACT OR: G EN. R:: 5. Bl DG
,
Reference: ,.,,",' ..... MAlllNG,'AOORESs ,."
TO,
KEITH A P I cn E ..HOELL I'IC
5365 STIi\llNG RD ,
DA V I E FL 33314
i"II,"l1ll!lI11,,1 ,11111 II ,111111,,1111111,1,1111,1,1 !I,11l ]
---.......
'-.1.~t::1J.\..- . ..LVU...L..... -- -----
ACDEID.. CERTIFICATE OF LIABILITY INSURANCE I DATE lMMlDOIYY}
12/30/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH of Sarasota ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6771 Professional Parkway West HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
suite 101
sarasota, FL 34240 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Valley Forqe Ins. Co. (CNA Ins)
Widell , Inc. INSURERB: Continental Casualty (CNC)
5365 Stirling Rd. INSURERC: Transportatin Insurance (CNA)
Ft. Lauderdale, FL 33314 INSURER 0:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN~
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUC~
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~f~ ; TYPE OF INSURANCE POLICY NUMBER Pg~.fEY,~J;5~~~~ P%~Vl.~l~l~lJ~ LIMITS
A f,u,un C2026227348 01/01/04 01/01/05 EACH OCCURRENCE s1 000 000
X COMMERCIAL GENERAL L1AB ILlTY FIRE DAMAGE (Anyone fire) s100 000
CLAIMS MAOE ~ OCCUR MEO EXP (Anyone perSon) $5 000
PERSONAL & ADV INJURY 51. 000.000
GENERAL AGGREGATE 52 . 00 0 . 0 0 0
n" AGGREFiELlMIT APnS PER: PRODUCTS .COMP/DP AGG 52 . 000 . 000
i POLICY P,t'g. LOC
B ~TDMOBllE LIABILITY C2026227351 01/01/04 01/01/05 COMBINED SINGLE LIMIT sl,OOO,OOO
Lx IWY AUTO (Ea accident)
, ALL OWNEO AUTOS
f--- BOOIL Y INJURY
IPIN' person) 5
f--- SCHEDULEO AUTOS
~ HIRED AUTOS BOOIL Y INJURY
(Per acclcSenl) $
~ NON.OWNEO AUTOS
PROPERTY DAMAGE $
I (Per accidenl)
I AUTO ONLY. EA ACCIDENT Is
RAGE L1ABILln'
ANY AUTO OTHER THAN EA ACC $
i AUTO ONLY: AGG $
C ~6'~.un CUP2068425478 01/01/04 01/01/05 EACH OCCURRENCE $5 . 000 000
X OCCUR 0 CLAIMS MAOE AGGREGATE $5.000.000
. $
~ DEDUCTIBLE $
X RETENTION $10000 $
WORKERS COMPENSATION AND IT'1.~~r~,.lli.. I IOJ~'
EMPLOYERS' LIABILITY E.L EACH ACCIQENT $
E.L. DISEASE. EA EMPLOYEE $
E.L DISEASE. POLICY LIMIT $
A OTHER Contractor's C2026227348 01/01/04 01/01/05 Limit $250,000 ACV
Equipment Deductible $2500
DESCRIPTION OF OPERA TlONSlLOCATlONSlVEHICLESlEXCLUSIONS AOOED BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER I ~ ADOmONAlINSURED ~INSURER LETTER: CANCELLATION
SHOULD ANYOFTHE ABOVE OESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WilL ENDEAVOR TOMAILlD-DAYSWRlTTEN
NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BlITFAlLURE TO DO SO SHAlL
1M POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTH~~R~nvE I
ACO eJ' ~. , (9 ACORD CORPORATION 19
RD 25 S (7/97) 1 of 2
#S44051/M44004
BJM
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY}
GQROLHQF 12/30/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SRM Insurance Brokerage LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
40 Wantage Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Branchville. NJ 07890 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Selective Ins Co of Southeast
Selective HR Solutions, Inc. Selective Ins Co of America
L/C/P Widell, Inc. INSURER B:
6920 Professional Parkway East INSURER C:
Sarasota, FL 34240
941 755-4634 ext 191 fax 94}-756-4124 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ ~~~ ~.., POLICY NUMBER POLICY EFFECTIVE P~~!f.r EXPIRA liON LIMITS
~MERAL LIABILITY EACH OCCURRENCE $
- O"MERCIALGENERAL LIABILITY l PRe~;S~~IE~~~~~rA\ $
- CLAIMS MADE D OCCUR "EO EXP (Anyone po"",,) $
- PERSONAL & AOV INJURY S
- GENERAL AGGREGATE S
~H'LAGG~EnE LIMIT APPlS PER: PRODUCTS. COMP/OP AGG S
POLICY ~~8T LOC
~TOMOBILE UAatuTY COMBINED SINGLE LIMIT $
N4VAUTO (Ea lIecident)
-
t- AlL OWNED AUTOS BODILY INJURY
(PlIfperson) S
t- SCHEDULED AUTOS
t- HIRED AUTOS BOOIL Y INJURY
$
NON-oWNEO AUTOS (PlJtllCCidenl)
t-
t- PROPERTY DAMAGE $
{Per accident}
RARAGE L1ABlLllY AUTO ONLY. EAACC10ENT S
ANVAUTO OTHER THAN EAACC S
AUTO ONLY; AGG $
t=jESSlUMBRELLA LlA8IL1TY EACH OCCURRENCE S
OCCUR D CLAIMS MADE AGGREGATE S
S
~ ~EOUCTlBlE $
RETENTION S S
A WORKERS COMPENSATION AND WC7920573 01/01/2004 01/01/2005 X I T~~~T~J,~~ I 10J~'
B EMPLOYERS'L1ABllIlY WC7920572 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE e,L. EACH ACCIDENT S
OFF1CERlMEMBER EXCLUDED? E.L. DISEASE. EA EMPlOYEE S 1,000,000
~~Et~tpiR~~:mQ'NS below E.L. DISEASE. POLICY LIMIT S 1,000,000
OTHER
-
DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR lIABllIlY OF ANY KtND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
"To Whom It May Concern" AUTHOR~DREPRESENTATWE ~u.~'
5365 Stirling Road
Fort Lauderdale FL 33314
ACORD 2S (2001/08)
@ ACORD CORPORATION 1988
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WIDELL INC.
Equipment Inventorv
Equipment Job Date Description Serial Purchase
Number Number Purchased Number Price
BcBEEPERS
I B104 659 Motorola Beeoer 954-223-8234
B106 I 659 Motorola Beeper 954-223-8236
D-DRILL & HAMMER
0117 659 3/4" Magnetic Drill 2218
0119 664 3/8 Close Quaters drill Milo375-1
0134 659 Diamond Core Ria 76701243
0140 656 Milwaukee 1/2 Hammer Drill 90622
0141 656 Milwaukee 1/2 Hammer Drill 452536
0142 656 Milwaukee 1/2 Hammer Drill 79845521921
0143 664 Milwaukee11/2Rotarv Hammer
0145 664 Dewalt ScrewQun 973039915E
0146 664 1/2" Imoact Wrench 142171
0147 659 Matabo 1/2 Drill 710751
0153 656 Hitachi AnQle Drill 470123
0154 656 Milwaukee Hole Shooter WI Anale 5.3285E+12
0155 656 Dewalt 1/2 Impact Wrench 156254
0156 656 Makita 1/2 Hammer Drill 27049
0157 659 Dewalt 1/2 Impact Wrench 152874
0158 659 Bosch 1/2 Hammer Drill 9101241
0159 659 Dewalt 3/8 Drill 75469 .
0160 659 Dewalt 1/2 Hammer Drill 987832200115E
0161 659 Bosch 1/2 Hammer Drill 76701243
0162 659 Bosch 1-1/2 Rotary Hammer 3714584
0163 659 Bosch 1-1/2 Rotary Hammer 9690070
0164 659 1/2 Milwaukee Hammer Drill 897C701261257
0165 659 Makita 1/2 Drill 155264
0166 664 Bosch 11/2 Rotary Hammer 922000227
0167 664 Bosch 1/2" hammer drill 190171887 .
0168 664 Bosch 1/2" hammer drill 88306021
0169 659 Bosch 1/2" hammer drill 1669
0170 659 Black & Decker 1/2 electric imoact 11479
0171 666 Bosch 1/2" hammer drill 185231822
DL-DOZER LOADER .
DL 101 659 Ford 555B Backhoe K286888
DL 102 656 Ford 555CBackhoe A400538 --
DL 103 659 Ford 555 Backhoe (1983) 706619
DL 104 666 2/10/1996 1990 Ford 4X4 Backhoe A411716
DL 105 664 1989 Ford 4X4 Backhoe A407443
DL 1 08 656 Forks
DL 109 664 H.D. Forks
DL 110 664 Forks
DL 111 659 Forks
DL 112 659 Forks
G-GRINDER
G115 659 Dewalt 7" Grinder 30556
G117 656 Bosch 41/2" Grinder 9655007
G118 659 Dewalt 7" Grinder 931909
Page 1 of 4
WIDELL INC.
Equipment Inventory
Equipment Job Date Description Serial Purchase
Number Number Purchased Number Price
G124 656 Milwaukee 7" grinder 817B400390195
G125 659 Makita 41/2 Grinder 157116
G126 659 Makita 41/2 Grinder 157114
G127 664 Dewalt 41/2 Grinder 68949
G128 664 Dewalt 41/2 Grinder 448648
G129 664 Milwaukee 7" grinder 4717
GB-GANG BOX
GB101 659 Knack gang box #89
I GB102 664 Knack gang box #89
M-MISCELLANEOUS-Ladders, Electric Motors, Impact Wrenches
M108 664 90#Jack hammer
M110 664 Homelite gas blower HP2420628
M112 664 24' aluminum extension ladder
M113 659 Interpac 15 Ton Porta Power
M118 659 Wachs travel cutter wlwork box
M123 664 Honda 5.5HP plate compactor 1568281
M125 659 32' Extension Ladder
M141 656 Gas 4000 Watt Generator
M143 664 Heavy duty rollers
M145 659 Reversible Plate Compator BPU-33 640818151
M146 659 3HP Air Compo 2150449
M147 664 Scaffold
M149 656 4HP Air Compressor 3101 .
M150 656 Milwaukee Shop Vac 8955
M151 656 Porta Cable 71/4" saw 156629
M152 656 Porta Cable 71/4" saw A8923
M155 664 Porta Air compressor H632289
M166 659 3HP Air Compressor 514
M167 659 Bosch Nail Gun 3-1/2
M168 659 Wacker Revs Plate Compactor 7272017
M173 664 20" Fan
M169 659 1 HPShop Vac 50 OX
M174 664 20" Fan
M170 659 Water Cooler Avanti 10600704 .
M171 664 Pressure Washer 158248
M172 664 John Deere Weed Eater MC2411120
P-PUMPS
P101 659 Multiquip daiphram pump 3" P93431
P102 664 Gorman Rump 2" pump 949026
P104 656 2"Submersible Pump
P108 659 Thompson 4" Pump Diesel 4M119
P110 659 Hydro Test Pump 334
P111 656 3/4/2002 Pump, Self-Priminq, 1/2 hp 2P390A0901 $ 200.00
P112 656 3/4/2002 Pump, Self-Priming, 1/2 hp 2P390A 1001 $ 200.00
PE-PIPE EQUIPMENT
PE111 664 Riqid Pipe cutter #4 2"to 4" .
PE112 659 Rigid Pipe cutter #4 2"to 4"
PE113 659 Rigid Oil Pan
Page 2 of 4
WIDELL INC.
Equipment Inventory
Equipment Job Date Description Serial Purchase
Number Number Purchased Number Price
PE114 659 Oster Threadino Machine
PE115 656 Fiberolass Pipe Remover
PE119 656 21/2" to 4" Diehead
PE121 656 Rioid Powerhead EE63293A98
PE123 659 Rigid Threader 300 ED61891DOO
PE124 659 Rigid Threader 700 EE46940E96
PE125 656 Tripod Pipe vise
PE126 664 Tripod Pipe vise
PE127 656 Rigid Oil Pan
PE128 659 Stihl TS400 152994360
PS-PIPE SAW
PS114 659 Stihl TS400 152140616
PS115 664 Stihl TS400 1009
PS116 663 Stihl TS400 52140103 $ 800.00
SV-STORAGE VAN
SV101 659 1973 Black Dry Storaoe Trailer 92303
SV107 664 Frur 74 storage van AS433160
SV109 659 45' Storaoe Van 2R4524DH007361
SV112 664 45' Fruehauf 5R04526
T-TRUCKS
T102 659 2/28/1998 1991Ford F350 Pickup Truck 2FDJF37GOMCA41648
TFC-TELEPHONE, FAX, COPIER
TFC102 659 Brother Intellfax 635 G51476761
TFC103 659 GE Answering Machine . 20385
TFC104 659 GE Telephone 50024864
TFC109 664 GE Answerino Machine 19096656
TFC120 664 GE Phone Answering Machine 161256
TFC142 656 Xerox Copier 439510
TFC143 656 Intellifax 770 U56348MBK451 075
TFC145 664 Canon Copier C5201199
TFC146 656 Computech Computer
TFC147 656 Sony Cordless Answerino Machine 1381846
TFC148 659 Panasonic Fax 1 EBRA110921
TFC149 659 V-Tech Cordless Phone H31 0601 000896002
TFC150 659 Sharp E70 Copier 76214440
TFC151 659 Sunix Computer Pent.90 with Printer
TFC152 659 Panasonic Phone Answering Machine FGXA34541
TFC153 659 Intellifax 775 U56583G 1 K 195031
TFC154 659 Computer with printer
TFC155 666 Intellifax 775 K544959
TL-TRIPOD LEVEL
TL102 659 Level Tripod
TL108 664 Wild Auto Level 539954
TL 1 09 664 Level Tripod
TL 113 664 Level Tripod
TL114 664 Deitzgen Transit . 594296
TL 116 659 David White Transit A 148490
TL117 659 David White Transit A178139
Page 3 of 4
WIDELL INC.
Equipment Inventorv
Equipment Job Dale Description Serial Purchase
Number Number Purchased Number Price
TL118 659 Level Tripod
TL119 659 David White Transit A 198952
TL 120 666 David White Transit A198971
TT-TRAVEL TRAILER
I TT105 I 659 I Travel Trailer 94 Hvline 19BAOLPXRA945746
TT106 664 Travel Trailer 98 Salem 4X4TSMG24WAOO3048
UT-UTILlTY TRAILER
I UT101 I 664 Biq Tex 16' Pipe Trailer 16VPX1623RIES68736
V-VIBRATOR
V104 659 Concrete Vibrator 494331
V105 656 Concrete Vibrator P0130
V106 656 Concrete Vibrator
VT-TORCH SET
VT103 659 11/1/1996 Smith Torch Set
VT104 664 Smith Torch Set
VT105 656 Victor Torches JG33190
WS-WORM DRIVE SAW
WS 102 659 Milwaukee Sawzall 859A395270073
WS103 659 Skil 71/4 Worm Drive Saw ME1906601
WS109 664 10" Miter Box Delta 9823
WS112 659 10/24/1995 Milwaukee Sawzall 808B39521033
WS123 659 Milwaukee Sawzall 917C398060903
WS128 659 Saw Kat saw 71/4" 3109
WS130 656 Milwaukee Bandsaw . 457C499420579
WS131 656 Porta Cable 71/4" saw A8954
WS132 664 Milwaukee Bandsaw 127
WS134 659 Milwaukee Bandsaw 0499042272
WS142 664 Porta Cable 71/4" saw A8961
WS136 659 Ski! Jig Saw 8772342
WS137 659 Milwaukee Bandsaw 457C400450222
WS138 664 Dewalt Sawzall DW308
WS139 664 Bosch Jigsaw R188009097
WS140 666 Makita saw 71/4" 0033408k
WS141 666 Bosch Jiqsaw 12449
Page 4 of 4
WIDELL, INC.
(954) 567-0520 ~FAX 567-6653
~inee'(Lnr c? CJn.3hucticwz
Stale Certified No. CG CA09173
Sewage Treatment Works
Water Treatment Works
Substructure Construction
OWNER:
DIRECTOR:
Born:
High School:
College:
Keith A. Pickle
5365 STIRLING ROAD
FT. LAUDERDALE, FL 33314
WIDELL, INC.
Personnel
1951 in Sarasota, Florida
Graduated Hollywood, Florida
University of Florida; Gainesville, Florida - Bachelors in Business Administration, 1973
Masters in Construction, 1975
Certified Florida General Contractor - #CG-CA09173
Certified Florida Mechanical Contractor - #CM-C035424
Certified Florida Plumbing Contractor - #CF-C050575
Certified South Carolina General Contractor
Experience:
OWNER:
DIRECTOR:
Born:
High School:
College:
1975-77
1977-78
1978-80
1981-85
1985-Present
1994- Present
Field Engineer, Pullman Kellogg, Inc.; Houston, TX & Donaldsonville, LA
Superintendent, Trademark Homes; Louisiana
Field Engineer and Assistant Project Manager, Bay Con General; Longwood, Florida
Project Manager and Construction Manager, Gulf Constructors, Inc.; Sarasota, Florida.
Director and Treasurer, Project ManagerlEstimator, Cardinal Contractors, Inc.; Sarasota, Florida
Director and Treasurer, Widell, Inc.; Fort Lauderdale, Florida
William J. McDevitt
1947 in Chicago, Illinois
Loyola Academy, Willmette, Illinois
Regis College; Denver, Colorado - Bachelor of Science, 1970
Licensed Florida General Contractor
Licensed Pollutant Storage Systems Contractor
Licensed Underground Utility & Excavation Contractor
Licensed Roofing Contractor
Experience:
C::A~~TV PlI.VC:.
1971-73
1974-77
1978-81
1981-83
1983-84
1984-86
I 986-Present
1994-Present
Engineering Technician, Colorado Air National Guard
Project Manager, George D. Hardin, Inc.; Forest Park, Illinois
Vice President/General Manager, George D. Hardin, Inc.; Forest Park, llIinois.
Environmental Construction Manager, Gulf Constructors, Inc.; Sarasota, Florida
Division Manager, Gulf Constructors, Inc.; Tampa, Florida
Vice President of Operations, Gulf Constructors, Inc.; Tampa, Florida
Director and Secretary, Project Manager, Cardinal Contractors, Inc.; Sarasota, Florida
Director and Secretary, Widell, Inc.; Fort Lauderdale, Florida
Page I of4
PROJECT MANAGER:
Born:
High School:
College:
Experience:
WIDELL, INC.
Personnel
Louis J. Beck
1949 in Pittsburgh, Pennsylvania
North Allegany High
University of Dayton, Ohio; BSIE, 1971
1971- 73
1973-81
1981-82
1982-86
1986-89
1989-91
1991-95
1995-98
I 998-Present
PROJECT MANAGER:.
Born:
High School:
College:
Experience:
Draftsman, Advertisers Assoc., Inc.; Pittsburgh, PA
Project Manager, Intercounty Construction Corp.; Fort Lauderdale, FL
Project Manager, M&H Utilities Engineering; Pompano Beach, FL
Project Manager, Intercounty Construction Corp.; Fort Lauderdale, FL
Project Manager, SEU Construction, Inc.; Cape Coral, FL
Project Manager, Widell Associates, Inc.; Fort Lauderdale, FL
Project Manager, Larry Wilson; Pompano Beach, FL
Project Manager, Southland Painting Corp.; Sunrise, FL
Project Manager, Widell, Inc.; Fort Lauderdale, FL
Robert E. Hodges
1956 in Ft. Benning, Georgia
Arlington, Virginia
University of Florida; BS in Civil Engineering, 1980
1980-83
1983-86
1986-94
1994- Present
SUPERINTENDENT:
Born:
High School:
Experience:
Project Engineer, Widell Associates, Inc.; Fort Lauderdale, FL
Project Manager, Intercounty Construction Corp.; Fort Lauderdale, FL
Project Manager, Widell Associates, Inc.; Fort Lauderdale, FL
Project Manager, Widell, Inc.; Fort Lauderdale, Florida
Oscar Diaz
1959 in Havana, Cuba
Miramar High School
1980-93
1993-94
1994-95
I 995-Present
Laborer, Operator, Mechanical Foreman, Carpenter Foreman, General Foreman;
Widell Associates, Inc.; Fort Lauderdale, FL
Superintendent; Global Atlantic; Boca Raton, FL
Superintendent; Solo Construction; North Miami Beach, FL
Superintendent, Widell, Inc.; Fort Lauderdale, Florida
Page 2 of 4
SUPERINTENDENT:
Born:
High School:
Experience:
WIDELL, INC.
Personnel
David W. Dorsch
1948 in Chicago, Illinois
Calumet High School; Chicago, Illinois
1978-85
1985-86
1986-88
1988-90
1990-92
1993-94
1994-96
1996- Present
SUPERINTENDENT:
Born:
High School:
Experience:
Carpenter/General Foreman; Intercounty Construction; Wilton Manors, Florida
Carpenter; Harry Pepper & Associates; Jacksonville, Florida
Foreman/Assistant Manager; Riverbend Marine; Fort Lauderdale, Florida
Foreman; Project Integration; North Palm Beach, Florida
Foreman; Widell Associates, Inc.; Fort Lauderdale, Florida
Foreman; Elkins Constructors; Jacksonville, Florida
Superintendent; Myers Construction Group; Miami, Florida
Superintendent; Widell, Inc.; Fqrt Lauderdale, Florida
James Scott Lucius
1964 in Melbourne, Florida
Farragut High School; Farragut, Tennessee
1985-86
1986-86
1986-87
1987-89
1989-89
1989-95
I 995-Present
SUPERINTENDENT:
Born:
High School:
Experience:
Pipelayer; Christopher Construction; Columbus, Ohio
Pipelayer; Widell Associates, Inc.; Davie, Florida
Trainee; Cram Corporation; Gainesville, Florida
Pipe Foreman; Cardinal Contractors, Inc.; Sarasota, Florida
Foreman; Widell Associates, Inc.; Davie, Florida .
Foreman; Cardinal Contractors, Inc.; Sarasota, Florida
Foreman, Superintendent; Widell, Inc.; Fort Lauderdale, Florida
Jimmie E. Lucius
1942 in Dunnelcon, Florida
Fletcher High School; Jackso~e Beach, Florida
1963-65
1965-71
1971-74
1974-75
1975-76
1976-80
1980-86
1986-93
1993-97
I 997-Present
Plumber; Robbins Plumbing; Melbourne, Florida
Captain; United States Army
Superintendent; Bowen Mech. Cont.; EI Paso, Texas
Superintendent; Samples Plumbing; Greensboro, N.C.
Superintendent; Lonas Plumbing; Knoxville, TN
Superintendent; Vol Construction; Knoxville, TN
Self-employed; Fort Myers, Florida
Superintendent; Cardinal Contractors, Inc.; Sarasota, Florida
Self-employed; Fort Myers, Florida
Superintendent; Widell, Inc.; Fort Lauderdale, Florida
Page 3 of4
SUPERINTENDENT:
Born:
High School:
College:
Experience:
WIDELL, INC.
Personnel
Chuck R. Terrell
1946 in Kalamazoo, Michigan
Vicksburg High School; Vicksburg, Michigan
Western Michigan University; Kalamazoo, Michigan
1972-75
1976-81
1982-85
1986-98
1998-0 I
2002-Present
Area Superintendent; I.W. Associates; Pompano Beach, Florida
Superintendent; Intercounty Construction; Fort Lauderdale, Florida
Superintendent; Boyle Construction; Orlando, Florida
Project Resident; Camp Dresser & McKee; Fort Lauderdale, Florida
Sl!jLerintendent; United Engineering Corp.; Miami, Florida
Superintendent; Widell, Inc.; Fort Lauderdale, Florida
Page 4 of 4
WIDELL, INC.
Sewage Treatment Works
Water Trealment Works
Substructure Construction
(954' 587.0520 ~ FAX 587-6653
Er.rineet!nj c? onJhuctiCJn
State Certified No. CG CA09173
5365 STIRLING ROAD
FT. LAUDERDALE. FL 33314
Widell, Inc. Job No. 658
Project: South Central Regional
Wastewater Treatment Plant
Sludge Dewatering Facilities
Location: 1801 North Congress Avenue
Delray Beach, FL 33445
Owner: South Central Regional
Wastewater Treatment and Disposal Board
1801 North Congress A venue
Delray Beach, Florida 33445
(561) 272-7061
Contact: Mr. Robert Hagel
Engineer: Hazen & Sawyer, P.C.
Role of the Proposer:
Personnel:
General Contractor
Keith Pickle, Project Manager
Charles Terrell, Project Superintendent
ContractAmounts:
Original- $1,805,000.00/ Final - $1,364,075.00
Contract Dates:
Scheduled - 10/30/02 / Actual - 09/30/02
Description:
Construction consisted of furnishing and installing new
centrifuge, conveyor, power system, tankage, instrumenta-
tion and controls, concrete, electrical, structural work, piping
and equipment.
Explanation of 10% difference:
and Owner to develop the means,
substantial Change Orders.
Widell worked closely with the Engineer
methods and cost estimates for several
SAFETV PAYS
WIDELL, INC.
Slate Certified No CG CA09173
(954)587-0520 ~FAX567_665'
~inee'tLnr c?0n3ftuction
Sewage Trealment Works
Water Treatment Works
Substruclure Construction
5365 STIRLING ROAD
FT. LAUDERDALE. FL33314
Widell, Inc. Job No. 659
Project: Southern Regional WWTP Injection Well Pumping System,
City Project 95-9713B, WI Job 659
Location: 1621 North 14th Avenue
Hollywood, FL 33022
Owner: City of Hollywood, Florida
2600 Hollywood Boulevard
Hollywood, FL 33020
(954) 921-3930
Contact: Patricia Hart
Engineer: Hazen & Sawyer, P.C.
Role of the Proposer:
Personnel:
General Contractor
Louis Beck, Project Manager
Jimmie Lucius, Project Superintendent
Contract Amounts:
Original $5,187,400.00/ Final $5,206,610.00
Contract Dates:
Scheduled - 7/31/03 / Actual - 12/31/03
Description:
The project consisted of civil, mechanical, structural,
HV AC, instrumentation, electrical and architectural work
associated with the construction of the Injection Well Pump
Station and associated yard piping for secondary wastewater
disposal. The Pump Station includes three (3) 800 H.P.
Pumps.
SAFETY PAYS
WIDELL, INC.
State Certified No. CG CA09173
(954) 587-0520 ~ FAX 587-6653
l!n.t;in.eet:in.r c? C1n3tt:uct iem
Sewage Treatment Works
Waler Treatment Works
Substructure Construction
5365 STIRLING ROAD
FT. LAUDERDALE, FL 33314
Widell, Inc. Job No. 661
Project: S-26B Pump Station
Miami-Dade County, Florida
Location: N W 36th Street & N. W. North River Drive
Miami Beach, FL 33445
Owner: South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
(561) 686-8800
Contact: Raul E. Pellegrino, P.E.
Engineer: South Florida Water Management District
Role of Proposer:
Personnel:
Construction Manager
Robert Hodges, Project Manager
J. Scott Lucius, Project Superintendent
Contract Amount:
Original $3,495,000 / Final $3,532,219.63
Contract Dates:
Scheduled - 3/15/03 / Actual - 05/14/03
Description:
The project involved the construction of a new pump station
(S-26B) at the S-26 water control structure. The work
consisted of reinforced concrete intake with (3) 200cfs
electric submersible pumps, trash racks with motorized trash
rakes, generator/control building with (4) standby generators
and other miscellaneous site, mechanical and electrical
appurtenances.
SAFETY PAYS
06000. ORDINANCES
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory personnel means the members of those city boards and agencies whose sole
or primary responsibility is to recommend legislation or give advice to the City
commissioners.
Autonomous personnel includes but is not limited to the members of the housing
authority, personnel board, pension boards, and such other autonomous or
semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day
policy setting, operation and management of certain defined functions or areas of
responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all
department heads, the City attorney, chief deputy City attorney and all assistant City
attorneys; however, all departmental personnel when acting in connection with
administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal
who seeks to encourage the passage, defeat or modification of any ordinance,
resolution, action or decision of any commissioner; any action, decision,
recommendation of any City board or committee; or any action, decision or
recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the City commission, or
a City board or committee. The term specifically includes the principal as well as any
agent, attorney, officer or employee of a principal, regardless of whether such lobbying
activities fall within the normal scope of employment of such agent, attorney, officer or
employee.
Quasi-judicial personnel means the members of the planning board, the board of
adjustment and such other boards and agencies of the City that perform such
quasi-judicial functions. The nuisance abatement board, special master hearings and
administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, 99 1,2,3-4-92; Ord. No. 92-2785,99 1,2,6-17-92)
Cross reference(s)--Definitions generally, 9 1-2.
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CITY OF MIAMI BEACH
131
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the
City clerk. Every person required to register shall register on forms prepared by
the clerk, pay a registration fee as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has
employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City
commissioner or personnel who are also sought to be lobbied shall require that
the lobbyist file an amendment b the registration forms, although no additional
fee shall be required for such amendment. The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period for which the
lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer,
partner or beneficiary shall also be identified. Without limiting the foregoing, the
lobbyist shall also identify all persons holding, directly or indirectly, a five percent
or more ownership interest in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each
specific issue. Such issue shall be described with as much detail as is practical,
including but not limited to a specific description where applicable of a pending
request for a proposal, invitation to Bid, or public hearing number. The City clerk
shall reject any registration statement not providing a description of the specific
issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial or professional relationship, or
other relationship giving rise to an appearance of an impropriety, with any current
City commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
(h) The registration ees required by subsections (a) and (f) of this section shall be
deposited by the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions of this division. There
shall be no fee required for filing a notice of withdrawal, and the City manager
shall waive the registration fee upon a finding of financial hardship, based upon a
sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union), without special compensation
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10/03/03 132
or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item, shall not be required to register with
the clerk as required by this section. Copies of registration forms shall be
furnished to each commissioner or other personnel named on the forms.
(Ord. No. 92-2777,!l 3,3-4-92; Ord. No. 92-2785,!l 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 aval1able 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, !l!l!l4, 5, 3-4-92; Ord. No. 92-2785, H 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,!l 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
BID NO: 50-02103 CITY OF MIAMI BEACH
DATE: 10/03/03 133
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, 9 6,3-4-92; Ord. No. 92-2785,9 7,6-17-92)
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
134
Cone of Silence
ORDINANCE NO. 2002-3378
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VII'
THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION
4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486. ENTITLED
"CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE
PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND
INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL
VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT;
PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL
COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 29, 2002, the Miami-Dade County Commission approved
Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dade County Code, the
County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and
WHEREAS, Miami-Dade County's approved amendments extended the prohibition
on oral communications regarding a particular RFP, RFO, and bid for the solicitation of
goods and services to those between a potential vendor, service provider, bidder, lobbyist
or consultant, and the Mayor. County Commissioners and their respective staffs; and
WHEREAS. Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or
bid for the solicitation of goods and services between any person and the procurement
director or hislher designated staff responsible for administering the procurement process
for such RFP, RFQ or bid, and between a member of the respective selection committee,
provided the communication be limited strictly to matters of process or procedure already
contained in the corresponding solicitation document; and
WHEREAS, Miami-Dade County's approved amendments 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 after the committee has submitted a recommendation to the
Manager and provided that, should any change occur in the committee recommendation,
the content of the communication and of the corresponding change shall be described in
writing and filed by the Manager with the Clerk of the County and be included in any
recommendation memorandum submitted by the Manager to the County Commission;
WHEREAS. Miami-Dade County's approved amendments added additional
exemptions to the prohibition on oral communications pertaining to emergency
procurements.
WHEREAS, said Miami-Dade County amendments are applicable to the Mayor and
City Commissioners of the City of Miami Beach, the City Manager. and their respective
staffs; and in order to extend said amendments and their applicability to potential vendors.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
135
service providers, bidders, lobbyists. and consultants doing business in the City of Miami
Beach, the Administration and the City Attomey's Office herein recommends that the
Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami BGach
City Code is hereby amended to read as follows:
Article VII. Standards of Conduct
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projecls~ ~
than audit ooRtraat6.
(1) Definition. MCone of silence" is hereby defined to mean a prohibition on:
(a) any communication regarding a particular request for proposal ("RFP"),
request for qualifications ("RFQ"). Feqys&t fer lettsF6 Gf iRtSFe6t ("RFU").
or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and the city's administrative staff including, but not limited to,
the city manager and his or her staff;
(b) any communication regarding a particular RFP, RFQ, ~ or bid
between the mayor, city commissioners, or their respective staffs, and
any member of the city's administrative staff including, but not limited to,
the city manager and his or her staff;
(c) any communication regarding a particular RFP. RFQ, RRd; or bid
between a potential vendor. service provider, bidder, lobbyist. or
consultant and any member of a city evaluation and/or selection
committee therefor; &A4
(d) any communication regarding a particular RFP, RFO, RRd; or bid
between the mayor. city commissioners...or their respective staffs...and
SAy !!,member of a city evaluation and/or selection committee therefor;
(e) any communication reaardina a particular RFP. RFO. or bid between the
maYOr. city commissioners. or their respective staffs and a ootential
vendor. service orovider. bidder, iobbvist. or consultant. NetwitAstaRdiAg
the furegeiRg, t~e GaRB af eilenGe shall not apply 19 oompetitj'/e
pFege6S9S fur ~e awaFEl af C9BG. ~OME, S~IP aRd SllIAax rlllRGfl
administeredey tho sity anise of oommunity development, aAd
OOmmlllRiGatiaAs witl:l the Gity attGmey aAd his or !:ler staff.
BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
136
(2) Procedure.
a. A The cone of silence shall be imposed upon each RFP, RFQ, RR:J;
aRBor bid after the advertisement of said RFP, RFQ, RFtJ.. or bid. At
the time of imposition of the cone of silence.. the city manager or his
or her designee shall provide for public notice of the cone of silence.
The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate~
a}illat the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RR:J; or
bid to the city commission, and said RFP, RFQ, RRJ.; or bid is
awarded; provided, however, that following the Mmanager making his
or her written recommendation, the cone of silence shall be lifted as
relates to communications between the M-mayor and M-members of
the G-<:ommission and the G-Qity M-manager; providing further if the
city commission refers the manager's recommendation back to the
city manager or staff for further review. the cone of silence shall
continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ, ~ or bid is
awarded~
~ llilin the event of contracts for less than $25,000, when the city
manager executes the contract.
(3) Exceptions. The provieieAe Qft~i6 oFdiFlQAG9 cone of silence shall not apply
to:
(a) comoetitive processes for the award of COBG. HOME. SHIP and Surtax
Funds administered bv the city office of community development; l3nd
(b) communications with the citY attomev and his or her staff.
(a) !m.oral communications at pre.bid conferences;
{b} !Ql.oral presentations before evaluation and/or selection committees;
~!!1contract discussions during any duly noticed public meeting;
E4HD public presentations made to the city commissioners during any duly
noticed public meeting;
~!s.l contract negotiations with city staff following the award of an RFP,
RFQ, RRJ.; or bid by the city commission;
(f) !hl communications in writing at any time with any city employee, official
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ. ~ or bid documents; OF
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
137
~ city commission meeting agenda review meetings between the city
manager and the mayor and individual city commissioners where such
matters are scheduled for consideration at the next G-Qammission meeting.
W-<D communications reaardina a oarticular RFP. RFQ or bid between the
procurement director. or hislher administrative staff resoonslble for
administerina the procurement process for such RFP. RFQ or bid and a
member of the evall,lation/selection committee therefor, orovided the
communication is limited stricti v to matters of process or procedure already
contained in the corresoondino solicitation document:
!Is} duly noticed site visits to determine the comoetencv of bidders reaardina
a particular bid dunna the time period between the openina of bids and the
time the city manaaer makes his or her written recommendation:
ill any emeraency procurement of coods or services;
(m) communications reaardina a oarticular RFP, RFQ. or bid between any
person, and the Drocurement director, or his/her administrative staff
resoonsible for administenna the procurement process for such RFP, RFQ.
or bid, provided the communication is limited strictly to matters of orocess Qr
orocedure alreadv contained In the corresDondina solicitation document.
IDl. The bidder, proposer, vendor. service provider, lobbyist. or consultant
shall file a copy of any written communications with the city clerk. The city
clerk shall make copies available to any person upon request.
(b) :\wEtit eeRtFaGts,
(1) "CeRe af SileFlGe" 16 hereby EtefiFlsd te meaR a pFG!:IibltiaR aA: (a) sAY
rommwAiGalieA& reflsFEling a paFti6wlar RFP. RFQ, RFlI, or tlia betweeR a
potential ",aRdor. service providor, tlidasr, lebtlyist. or conslAltant and the
mayor, sit)' oommissioAeFS Elr their rnspeGtive &taffe, aRd SRY memBer ef tt:le
Gity's admiRi&trati','e &taff iRGludiR!i). byt Rot limited to the ci~' m8R8ger and hia
or her staff, SAd (ill aRY oral oomml:lRiGatiaR ragaraiAg a JilaFtisl:Ilar RFP,
RFO, RFU, or bid beh'JeSR tRo mayer, sit'{ GeR'lmissioReFS or ttJeir f9SPe6tive
Gt3ffG ana SAY memtler of '!:Ie SKY'S 3dmiRi&trati>;o staff iFlSll:ldiAij. tll:lt not
limited 19, tho oity manager 3nd his or l:Ier&taff; sna (s) SRY sommblRisatioR
rn€lareing a pal'tiS\llar RFP. RFO, RFll, or big tletweeR a petential \'eFldar,
sel'Vioe pm','idor, biaaar. lotltlyist, or OOR61111aRt aRa SAY memeer sf a sit'{
e\'BIOIaUen BRa/or salastioA oommittea; sAa (a) SRY eemmYRisation f9gaRiiR!iJ
a partisular RFP. RFQ or bid tlet\'.<eaA ttJe Mayer, City Cemmi66ioFlOFS er
t!:leir reepoGtive s&affe aAd BRY member at a Gity o'J.3lwatioll 8Rdter 6eleGtioR
committee. Now.'ithstBnding the foregoiFlg, the oone af 6i1eAse 61:1all Rat apply
to semmllniootioR6 ,Nltl:l t!:le city atterney and l:Ii6 or Rer 6taff.
(2) !:)(sept a6 pm'Aded iA 6wb69stiaR6 (tl)(3) aRa (b)(<t) !:Iereef, a 6ElRa at sileRse
shall be impasea YpOFl eash RFP, RFQ. RFU. or bia fer await 6e"....1006 after
the ad\'eFti6ement of 6aiEl RFP. RFQ, RFU. or bia. At tRe time of the
imposition (If the GOFle of 6iloMe, tRe sity mSA8ger or his or her ElesifjFl98
BID NO: 50-02103
DATE: 10/03/03
CITY OF MIAMI BEACH
138
shall pR:lvidg fer tAg "'l:Ihlit neticg at tAe SEIne of silenGe. The cone of silence
shall teFminate a) at ttle time if.le Gily maRafjer makes his ElF her wfitten
FeGeFRmenElat/on as to !lElle~ion of a paFtisl;llar RFP, RFQ, RFLI, or BiEl te the
city Gommi&!lion, BRd !laid RFP, RFQ, RFU, or Bid is awardee; pFOvlElElG,
hawo'/or, that fallawiRg the Manager making tlis or her \'Jfitten
FecommanGation, the Gono of silence sRall De lifted as relates to
GElmml:lnisalions Dew/een tl:1e Mayor and MemboF6 of tRe Commission and
tAe City Manager; "'F9\~diRg fl:lFtl:1er if Ihe Gity Gemmissi9n refeFS the
manager's Fecommem::lation baGk to the Gity manager or staff fer NFthor
review., the sene of silence shall oontinue until 61:1ch time as the maRagor
makes a Sl:IDSeElbl8Rt wRtteR FeSamm8RE!alioR, aRE! the partiGular RFP, RFO,
RFlI, ar big is a',wlFdeE! sr b) in tho eveRt at eontraGt& for le66 than $26,000
whan tl:le Gity maRagor e)(e61:110s tAe GeAtraGt.
(a) Nott:ling oonta;Rea heFeiR shall prehibit any bigGer, f)FepElseF, \/9REleF, 6ePA6e
proviger, lobbyist, er GeRtl:llbnt (I) from making pl:lBlia preseAtations at dl:lly
notieei:l pre biE! Gonferenc8s or before duly RotiGeg e'.'all:lation Gommittee
meetiAfjS; (ii) from 9RfjagiRg in oontroot dissus&ions dUriRg any gwly notised
pl:l9liQ meetiAg; (iil) fFem engagiAg in ElSAtrast negotiations wit'" ally &taft
fellowlng the award ef an RFP, RFO. RFU, or !:lid fer auElit by If:le sity
commission; or (1'1) frem oomml:lRiaatiR!) in 'NFitlAfj witt-! any eity empleyee Elr
official for pUrpOS8S of seekiAg GlarifiGati9A or 3aclitional infol11'latioA ff:em the
oity or responEling to tho city's Feql:l86t for clarifieation or aElElitional
infeFmatleR, 6libjest to the flFe'listens of tf:le applissele RFP, RFO, RFLI, or
Bid EleSl:ImeRts. Tile bidEler or pFeposer etc. sRall file a copy of BAY writtOA
semmuniGatiGn with tl:1e eity elel'k. The aity sleFk shall make Geples availablo
te the geR8ral puelia I:IpOO r8ql:lest.
(i) Nothing eontaioed f:leFein shall pFel\ieit any lobbyist, BIElEler._pFeposer,
'JonElor, GeNiee pFeviEler, GOA6ultant, or ott:ler peFS9R or eAtity fmm ploIbliGly
adSFe66iRl} the Gity Gommis6ioneFfl sl:Iring aAY 9Yly nGlieed pl:lblie meetin!)
regarding aotioA OR any Bl:Idit OOFltraet. The oity manager shall im:ll:IEle in any
pl:lelie BoliQitation for 3l:laiting 6ervices a statement disclosing the
reql:liFemoAts Elf tAie Elivisien.
{G}{Q} Violationslpenalties and procedures. A violation of this section by a particular
bidder, proposer, vendor, s8rvice provider, lobbyist, or consultant shall subjed said
bidder, 9f proposer, vendor, service provider, lobbyist, or consultant to the same
procedures set forth in Division 5, entitled :Dabarment of Contractors: from City
Work; shall render any RFP award, RFQ award, RFlI 8':/arEl, or bid award 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, RRJ or bid for a contract for the provision of
goods or services for a period of one year. Any person who violates a provision of
this division shall be prohibited from serving on a city evaluation andlor selection
committee. tn addition to any other penalty provided by law. violation of any
provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the
city attomey's office or state attomey's office.... and/or may file a complaint with the
county ethics commission.
(Ord. No. 99-3164, ~ 1,1-6-99: Ord. No. 2001-3295, ~ 1,3-14-01)
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SECTION 2. CODIFICATION.
It Is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The 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 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.,
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion ofthis Ordinance is, for any
reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutionality
of the remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 10th
is 10 days after adoption.
day of August
,2002, Which
PASSED and ADOPTED this
31st
,2002,
ATTEST:
City Clet1t
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
F:\ATTO\OLIJ\RES-ORD\CONEOFSILENCE.FNL.DOC
APPROVED AS 10
FORM & LANGUAGE
& fOR CUTlON
,.
~2-o~
Dat.e
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CITY OF MIAMI BEACH
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OFFICE OF THE CITY ATTORNEY
~ efJ/(lomJ 71-
,
L
o
R
D
A
MURRAY H. DUB BIN
City Attorney
Telephone:
Telec:opy:
(305) 673-7470
(305) 673-7002
CONLV:DSSIONMEMORANDUM
DATE: JULY 31,2002
TO: MAYOR DAVID DERMER
MEMBERS OF THE CITY COMMISS
FROM:
MURRAY DUBBIN
CITY A TIORNEYm
JORGE M. GONZALEZ
CITY MANAGER
SECOND READING
PUBLIC HEARING
SUBJECT: AMENDMENT TO CITY'S "CONE OF SILENCE" ORDINA..'lfCE
On January 29, 2002, the Miami-Dade County Commission approved an amendment to the
County's "Cone of Silence" Ordinance, with an effective date of February 8, 2002. Tbe approved
amendments to the County's Ordinance, which the City Manager and the City Attorney's Office
herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordinance,
are as follows:
(1) Extending the prohibition on oral communications regarding a particular RFP, RFQ,
and bid for the solicitation of goods and services to those between a potential vendor,
service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and
their respective staffs;
(2) Extending the prohibition on oral communications regarding a particular RFP, RFQ,
or bid between any administrative staff member, and any member of an evaluation
andlor selection committee therefor;
(3) Notwithstanding the prohibition in subsection (2) .above, providing an exemption
allowing the Manager and the chairperson of the evaluation andlor selection
committee to communicate upon a particular evaluation and/or selection committee
Agenda Item I/SC
1700 Convention Center Drive- Fourth F1oor- Miami Bead Date 7-3/-()~
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RESOLUTION NO. 2000-23879
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT
A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A
CONTRACT WITH THE CITY OF MIAMI BEACH
WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a
Model Code of Business Ethics (the "Model Code''); and
WHEREAS, the City of Miami Beach is a member of the GMCC; and
WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of
principles to help guide decisions and actions bascd on rcspect for thc importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section I. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
The Code of Business shall, at a minimum, require the contractor to comply with all
applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provisions of the City Code.
Section 2. The Commission urges the Greater Miami Chamber of Commerce
to require that all of its members adopt the Model Code of Business Ethics.
Section 3.
adoption.
This resolution shall become effective immediately upon its
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PASSED and ADOPTED this 12th day of April 2000
ATIEST:
__t{Lv~~ rcit(~~
CITY CLERK
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1{YOR
APPfiOVED AS TO
FCRM & LANGUAF,c
& FOR EXECVTIOr.,
CITY OF MIAMI BEACH
143
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 relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed at an business locations and may be incorpolaled into
marketing materials. The GMCC believes thai its members should use this Code as a model for the
development of their organizations' business codes of ethics,
This Model Code is a slalement of principles \0 help guide decisions end ections besed on respect lor Ihe
importeece of elhlcal busine 5S steederds in the community. ,he GMCC believes the acloplton 01 a meamngful code
01 elhics is Ihe responsIbIlity of every business end prolesslOMI organlzo'lon
Compliance with Government Rules & ReQulations
We will properly maintain an records and post allliconses and certificates
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with all applicable rules and regulations and in the open;
We win 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 & Compensation of Vendors and Suppliers
We will avoid conflicts of interest and disclose such conflicts when identified;
Gifts which compromise the integrity 01 a business transaction are unacceptabie;
we will not kick back any portion of a contract payment to employees of the other
contracting party or accept such a kickback .
Business AccountinQ
All our financial transactions will be properly and fairly recorded in appropriate
books of account. and there will be no "off the books" transactions or secret
accounls.
Promotion and Sales of Products and Services
Our products will comply with ail applicable safety and quality standards;
We WIll promote and advertIse our business and Its products or services in a
manner which is net misleading and does not faisely disparage our competitors;
DoinQ Business with the Government
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We will conduct business with govemment agenckls and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will be competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contrac~s awarded will have a substantive basis and not be
pursued merely because we are the unsuccessful bidder;
We will, to the best of our ability, perform 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 Indirectly, offer to give a bribe or otherwise channel
kickbacks from contracts awarded, to govemnwnt officials, their family members
or business associates.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
Public Life and Political Campaians
We encourage all employees to participate in community life, public service and
the political process;
We encourage all employees to recruit, support and elect ethical and qualified
public officials and engage them in dialogue and debate about business and
community issues;
Our contributions to political parties, committees or individuals will only be made
in accordance with applicable law and will comply with all requirements for public
disclosure. All contributions made on behalf of the business must be reported to
senior company 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.
Corporate Officer
Company Name
Date
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING
FOR DEBARMENT OF CONTRACTORS FROM CITY WORK;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procuremert", 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 concems. 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 IT 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 simila r management, ownership,
or principal employees as the contractor that was debarred or suspended.
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(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is
awarded" or reasonably may be expected to submit offers or be awarded
a City contract, including, but not limited to vendors, suppliers, providers,
Bidders, Proposers, consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business.
with the City as an agent" representative or subcontractor of another
contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony
or misdemeanor, by any court of competent jurisdiction. whether entered upon a
verdict or a plea. and includes a conviction entered upon a plea of nolo
contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a
contractor (and. in limited instances specified in this ordinance. a Bidder or
Proposer from City contracting and City approved subcontracting for a
reasonable, specified period as provided in subsection U) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
by competent authority charging a criminal offense shall be given the same effect
as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party
or any criminal proceeding. The term includes appeals from such proceedings.
U) 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:
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(1) Compile and maintain a current. consolidated list (List) of all contractors
debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary, to all departments. to the Office of the City Manager and to the
Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical
order;
(2) The name of the department that recommends initiation of the debarment
action;
(3) The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when
applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating
to each debarment;
(2) Establish procedures to provide for the effective use of the List, including
internal distribution thereof to ensure that departments do not solicit offers
from, award contracts to, or consent to subcontracts with contractors on
the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such
responses with the department that recommended the action,
Section 2-400.
Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments
shall not solicit offers from award contracts to, or consent to subcontracts with
these contractors unless the City Manager determines that an emergency exists
justifying such action. and obtains approval from the Mayor and City
Commission, which approval shall be given by 5/7ths vote of the City
Commission at a regularly scheduled City Commission meeting. Debarred
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contractors are also excluded from condu::ting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(d) Debarred contractors are excluded from acting as individual sureties.
Section 2-401.
Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts.
as well as Request for Proposals (RFP). Request for Qualifications (RFO).
Requests for Letters of Interest (RFLI). or Bids issued be the City. shall
incorporate this ordinance and specify that debarment may constitute grounds for
termination of the contract as well as disqualification from consideration on any
RFP, RFO. RFLI. orBid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 5/7ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contract or consent to subcontracts with debarred contractors, unless the City
Manager determines that an emergency exists justifying the renewal or extension
or for an approved extension due to delay or time extension for reasons beyond
the contractor's control and such action is approved by 5/7ths vote of the Mayor
and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless lhe City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 5/7ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to Bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or Bid.
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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
and any mitigating factors should be considered in making any debarment
decision.
(b) Debarment constitutes debarment of all officers, directors, shareholders owning
or controlling twenty-five (25) percent of the stock, partners, divisions or other
organizational elements of the debarred contractor, unless the debarred decision
is limited by its terms to specific divisions, organizational elements or
commodities. The Debarment Committee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written
notice of the proposed debarment and an opportunity to respond. Future affiliates
of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil
judgment,
(1) For commission of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in whole
or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission
of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
(4) Which makes the City the prevailing party in a legal proceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or
subcontract funded in whole or in part by City funds such as failure to
perform in accordance with the terms of one (1) or more contracts as
certified by the City department administering the contract; or the failure to
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perform or unsatisfactorily perform in accordance with the terms of one (1)
or more contracts, as certified by an independent registered architect
engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment
as a potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or
subcontractor in performing City work.
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Section 2-405.
Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City
Department or by a citizen-at large and shall be made in writing to the Office of
the City Manager. Upon receipt of a request for debarment, the City Manager
shall transmit the request to the Mayor and City Commission at a regularly
scheduled meeting. The Mayor and City Commission shall transmit the request
to a person or persons who shall be charged by the City Commission with the
duty of promptly investigating and preparing a written report(s) concerning the
proposed debarment, including the cause and grounds for debarment as set
forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall
forward said report to the Debarment Committee. The City's Procurement Office
shall act as staff to the Debarment Committee and, with the assistance of the
City department person or persons which prepared the report present evidence
and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment
Committee having received the request for debarment and written report, the
City's Procurement Office, on behalf of the Debarment Committee shall issue a
notice of proposed debarment advising the contractor and any specifically
named affiliates, by certified mail. return receipt requested, or personal service
containing the following information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
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(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or
judgment, or in which there is no genuine dispute over material facts, the
Debarment Committee shall make a decision on the basis of all the undisputed
material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on
disputed evidence, the Debarment Committee shall decide what weight to attach
to evidence of record, judge the credibility of witnesses, and base its decision on
the prepondenance greater weight of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's decision shall be
made within ten (10) working days after CDnclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's
factual findings, the principal causes of debarment as enumerated in this
ordinance, identification of the contractor and all named affiliate: affected by the
decision, and the specific term, including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt requested, or hand delivery,
within ten (10) working days of the decision, specifying the reasons for
debarment and including a copy of the Comrnittee's written decision:
stating the period of debarment, including effective dates; and advising
that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor
and any named affiliates involved ,by certified mail. return receipt
requested. or personal service, within ten (10) working days of the
decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is signed by the City Manager. Decisions of the Debarment
Committee are subject to review by the Appellate Division of the Circuit Court. A
debarred contractor may seek a stay of the debarment decision in accordance
with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
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(a) The period of debarment imposed shall be within the sole discretion of the
Debarment Committee. Debarment shall be for a period commensurate with the
seriousness of the cause(s), and where applicable, within the guidelines set
forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where
mitigating or aggravating circumstances justify deviation:
(1 )
(2)
(3)
(4)
(5)
For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(c) The 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 managemert;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons
for requesting a reduction in the debarment period, The City's Procurement
Office, with the assistance of the affected department shall have thirty (30) days
from receipt of such request to submit written response thereto. The decision of
the Debarment Committee regarding a request made under this subsection is
final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
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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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
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ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING
PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR
PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS
(RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND
PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION";
BY AMENDING ARTICLE VI THEREOF ENTITLED
"PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, in accordance with the public Bidding procedures set
forth in Florida law and the Code of the City of Miami Beach (the "City Code");
and
WHEREAS, such process may lead to protested Bids and proposed
awards; and
WHEREAS, it is the intent of the Mayor and City Commission that
procedural and technical issues related to Invitations for Bids, Requests for
Proposals, Requests for Qualifications, Requests for Letters of Interest, and
purchase orders based on written or oral quotations, be decided by the City
Manager and the City Attorney, and that their determinations with respect to
said procedural and technical issues shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code
a new Section 2-371, which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed
Awards.
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(a) Right to Protest. Any actual Bidder, qualified proposer, or interested
parties (hereinafter collectively referred to as the "Bidder") who has a
substantial interest in, and is aggrieved in connection with the solicitation or
proposed award of, a request for proposals CRFP"), request for qualifications
("RFQ'), request for letters of interest ("RFLI') or invitation for Bid for goods
and/or services ("hereinafter, collectively referred to as the Bid") may protest to
the City Manager or his or her designee. Protests arising from the decisions
and votes of any evaluation or selection committee shall be limited to protests
based upon alleged deviation(s) from established purchasing procedures 93t
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 b 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 tme. Such protest shall be made in writing and state the
particular grounds on which it is based and shall include all pertinent
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documents and evidence. No Bid protest shall be accepted unless it
complies with the requirements of this section.
(c) The City may request reasonable reimbursement for expenses incurred in
processing any protest hereunder, which expenses shall include, but not
be limited to, staff time, legal fees and expenses (including expert witness
fees), reproduction of documents and other out-of-pocket expenses.
(d) Authority to Resolve Protests. The City Manager or his or her designee
shall have the authority to settle and resolve a protest concerning the
solicitation or award of a Bid.
(e) Responsiveness. Prior to any decision being rerdered under this
Ordinance with respect to a Sid 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. +As
detormination of tho City Manager and the City Attornoy with reg:lrd to all
proceduF31 and tochnical matters shall be fin3!.
(f) Decision and Appeal Procedures. If the Bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may appeal said decision by filing an original action in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County,
Florida, in accordance with the applicable court rules. Any action not
brought in good faith shall be subject to sanctions including damages
suffered by the City and attorney's fees incurred by the City in defense of
such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the
protestor.
(h) Stay of Procurements During Protests. In the event of a timely protest
under this section, the City shall not proceed further with the solicitation or
with the award pursuant to such Bid unless a written determination is
made by the City Manager, that the award pursuant to such Bid must be
made without delay in order to protect a substantial interest of the City.
(i) The institution and filing of a protest under this Code is an administrative
remedy that shall be employed prior to the institution and filing of any civil
action against the City concerning the subject matter of the protest.
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(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
and City Commission of any legal issues relative to any Bid protest filed in
connection with the Bid in question.
(I) The determination of the City Manaoer and the City Attorney with reQard to
all procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of Januarv. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
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BID NO: 50-02/03
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ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485
THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE
DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING
DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division
3 entitled "Lobbyist", Section 2-485 thereof is hereby amended to read as follows:
Sec. 2-485. List of expenditures; fee disclosure; reporting requirements.
a. On October 1 of each year, lobbyist subject to lobbyist registration
requirements shall submit to the city clerk a signed statement under oath as provided
herein listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting
period. The statement shall list in detail each expenditure by category, including food
and beverage, entertainment, research, communication, media advertising,
publications, travel, lodging and special events.
b.
. If no com ensation has or will be aid
concerninQ the subiect lobby services. a statement shall nonetheless be filed reflectinQ
as such.
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c.
f9).LQl 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.
tG) i!U 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.
taj ill. A lobbyist (or principal) may appeal a fine and may request a hearing
before the Miami-Dade Commission on Ethics and Public Trust. A request for a
hearing on the fine must be filed with the Miami-Dade Commission on Ethics and
Public Trust within 15 calendar days of receipt of the notification of the failure to file the
required disclosure form. The Miami-Dade Commission on Ethics and Public Trust
shall have the authority to waive the fine, in whole or in part. based on good cause
shown.
SECTION 2.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
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SECTION 3.
SEVERABILITY
If section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect 18th day of ~2002.
PASSED and ADOPTED on Second Reading this 8th day of Mav ,2002.
AlTEST:
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CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
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BID NO: 50-02103
DATE: 10103/03
APPROVED /oS 10
FORM & LANGUAGE
& FOR EXEcUTION
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CITY OF MIAMI BEACH
162
ORDINANCE NO.
2003-3389
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5
THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", AND
FURTHER AMENDING CITY CODE SECTION 38-6 ENTITLED
"PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" AND
CITY CODE CHAPTER 2 BY TRANSFERRING SAID SECTION FROM
CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2, ARTICLE
VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE
SECTION 2.487; AMENDING SAME BY MANDATING THAT THE CITY
PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE,
ESTABLISHING RESPONSIBILITY OF CANDIDATES FOR ELECTED
OFFICE TO DETERMINE STATUS OF POTENTIAL DONOR AS
VENDOR, CLARIFYING AND CREATING DEFINITIONS, CREATING
ADDITIONAL WAIVER PROVISION WHEN TERMINATION OF
EXISTING CONTRACT WOULD BE ECONOMICALLY ADVERSE TO
CITY'S BEST INTERESTS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the
creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by
transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City
Code Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section
38-6 to Section 2-487, to read as follows:
DIVISION 5. CAMPAIGN FINANCE REFORM
* * *
Sec. ~ 2-487. Prohibited Campaign Contributions by Vendors
WA. General.
(1) li!l No pilfSSR vlhs is a vendor ts the sit)' shall give a campaign contribution
directly,or threl:lgh a member sf the fler-ssR's iffilReEliate family, sr thrsugh a
pslitieal BetisR esmmittee, sr through !mY other flerS8R, indirectly to a candidate,
or to the campaign committee of a candidate, for the offices of mayor or
commissioner. Commencing on the effective date of this ordinance. all proposed
city contracts, as well as requests for proposals (RFP). requests for qualifications
(RFQ), requests for letters of interest (RFLI), or Bids issued by the City, shall
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incorporate this Ordinance so as to notify potential vendors of the proscription
embodied herein.
ill No candidate, or campaign committee of a amdidate for the offices of
mayor or commissioner, shall sslieit er reeeiye deposit into such candidate's
campaign account any campaign contribution directly or indirectly from a perseH
whe is a vendor ts the eity, er threagh a member sf the perseH's immediate
family, er throagh a pslitisal astisH semRlittee, er thrsagh aIfj' ether pemeH eH
behalf ef the perseR This prehibitieH af)plies te Hamral perseRs aHa te perseHS
vme hela a eeFltrelliHg fiHlH1eial iaterest iH basiHess emities. Candidates (or
those acting on their behalf) shall ensure compliance with this code section by
confirming with the Procurement Division's City records (including City of
Miami Beach website) to verify the vendor status of any potential donor.
(2) A fine of up to $500.00 shall be imposed on every person who violates this
prehibitieH section Each act of solieitatieR, giving or reeei'liHg depositing a
contribution in violation of this pafagraph section shall constitute a separate
violation. All contributions reseivea deposited by a candidate in violation of this
pafagraf)h section shall be forfeited to the city's general revenue fund.
(3) A person or entity who directly or threagR a member ef the perseR's iRllReaiate
family, er thml:lgh a pelitisal astioR eemmittee, er threagh aHY ether perseR
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 traHsaetiag ImsiRess serving
as a vendor with the city. This prehibitieH eH tfaHsastiHg basiHess with the eit)'
may be waiyea eRly in the m81lfter preyiaed hereiHbelew iH suaseetieH (8).
(4) As used in this section:
(a) 1.:. A "vendor" is a person and/or entity who trallsasts basiftess with the
sit)', er has been 8ppre'/ed by the sit)' semmissieR te trliftSaet bl:lsiaess
with the eity, er is listed eH the sity maHager's af)prevea veHaer list.
selected by the City as the successful Bidder on a present or pending Bid
for goods. equipment or services. or Ins been approved by the City on a
present or pending award for goods. equipment or services. prior to or
upon execution of a contract. purchase order or standing order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling [mancial interest in a vendor entity. The term "controlling
financial interest" shall mean the ownership. directly or indirectly. of
10% or more of the outstanding capital stock in any corporation or a
direct or indirect interest of 10% or more in a firm. The term "firm" shall
mean a corporation. partnership. business trust or any legal entity other
than a natural person
J., For purposes of this ordinance. "vendor" status shall terminate upon
completion of the agreement for the provision of goods. equipment or
servIces.
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..ill For purposes of this section, the term "services" shall mean the rendering by a vendor
through competitive Bidding or otherwise, of labor, professional and/or consulting services to
the City of Miami Beach.
W .\ "eeRtribHtiElR" is:
h .^. gift, sHbseri13tiElR, eElRveyaRee, deposit, leaR, 13aymeRt, or
distributioR ef meRey Elr aRythiRg Elf val He, iRelHdiRg
eElfltribHtiElRS iR kiRa ha'/iRg aR attribHtable mElRetary 'lalHe.
~ ,A. traRsfer ef fHRas betweeR 13elitieal eemmittees, betweeR
cemmittees of cSRtiHHEll:ls eKisteHce, Elr betweeH a political
eemmittee aHa a cElmmittee ef eeHtiHl:Iel:ls existeRce.
;h The 13aymeFlt, by aRY person other thaH a caRaiaate or pelitical
eElmmittee, Elf eomf'leRsatieH fer the persoRal serviees ef aRether
13eFGeH VlHieh are reRdered tEl a eaRaiaate sr politieal eemmittee
without eharge tEl the caRaidate or eommittee fer Sl:ICH services.
+. The traRsfer Elf fuR as by a eampaign treasl:lrer Elr aefll:lty cam13aigR
tream:ifer between a 13rimary ae13Elsitery aRd a seflarate
iFlter-est beariRg accouRt or certifieate Elf aepesit, aRd the term
iRcludes aRY iRterest earnea eH sl:lcn accouRt Elr eertificate.
{fl The term contribution shall have the meaning ascribed to such term in
Chapter 106. Florida Statutes. as amended and supplemented (copies
available in City Clerks office).
W B. Conditions for waiver of prohibition. The requirements of this section may be waived Qy
a 517th vote for a particular transaction by city commission vote after public hearing
upon finding that:
(I) :\H e13eH tEl all sealea eElmpetitive lli!LQr 13repElsal Has beeR sHbmittea ana the
eity sffieialideHee has iR Re way participatea iR the determiRatioR sf the Bid
specificatiElRs Elr Bid a'Nard;
R1ill The 13reperty goods. equipment or services to be involved in the proposed
transaction are unique and the city cannot avail itself of such property goods.
equipment or services without entering into a transaction which would violate
this section but for waiver of its requirements; or
~ill The business entity involved in the proposed transaction is the sole source of
supply withiH tHe city as determined by the City's Procurement Director in
accordance with procedures established in section 2-367(c) of the Miami Beach
City Code; or
+Bill An emergency contract (as authorized by the City Manager pursuant to section 2-
396 of the Miami Beach City Code) must be made in order to protect the health,
safety or welfare of the citizens of the city, as determined by a five-sevenths vote
of the city commission-~
ill.
e t or services exists whic if
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CITY OF MIAMI BEACH
165
Any grant of waiver by the city commission must be supported with a fulI disclosure of the
subject campaign contribution.
fe1c. Applicability. This section shall be applicable only to prospective transactions, and the
city commission may in no case ratifY a transaction entered into in violation of this
section.
SECTION 2. REPEALER
AII ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section", "article," or other appropriate word.
SECTION S. EFFECTIVE DATE
PASSED and ADOPTED this ~ day of _Jan
2003.
This Ordinance shall take effect the
ATTEST:
~~
(Requested by Commissioner Jose Smith, and approved by Commwlity Affairs Committee)
(Passed on 1st Reading on December 11, 2002)
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BID NO: 50-02/03
DATE: 10/03/03
CITY OF MIAMI BEACH
166