Bid 10-02/03
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CITY OF ~AMI BEACH, FLORIDA
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1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
CONSTRUCTION CONTRACT DOCUMENTS
PROJECT MANUAL FOR THE FOLLOWING PROJECT(S):
WATER AND WASTEWATER
PUMP STATION UPGRADE
INVITATION TO BID NO.: 10-02/03
http:\ \ www.miamibeachfl.gov Telephone: 305.673.7490
Facsimile: 305.673.7851
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 1
~
RESOLUTION NO. 2004-25465
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
THE AWARD OF A CONTRACT TO THE FIRM OF WIDELL,
INC., IN THE AMOUNT OF $17,352,615, FOR COMPLETION
OF THE WATER AND WASTE WATER PUMP STATION
UPGRADES PROJECT (BID NO. 99-97/98), PURSUANT TO
THE ACTlON(S} DELEGATED BY THE CITY COMMISSION
TO THE CITY MANAGER AND/OR HIS DESIGNEE
PURSUANT TO RESOLUTION NO. 2002-24924j AND
FURTHER RATIFYING RESOLUTION NO. 2002-24924 AND
HEREIN RE-AFFIRMING THE ACTIONS TAKEN BY THE
CITY MANAGER AND/OR HIS DESIGNEE, PURSUANT
THERETO, AS PROPERLY WITHIN THE CITY MANAGER'S
AUTHORITY, AS DELEGATED TO HIM BY THE CITY
COMMISSION PURSUANT TO SAID RESOLUTION,
INCLUDING, BUT NOT LIMITED TO SUBSEQUENT
ACTIONS TAKEN REGARDING THE CITY'S CONTRACT
WITH FEI, INCLUDING BUT NOT LIMITED TO ANY AND
ALL ACTIONS RELATED TO FEI'S DEFAULT UNDER THE
CONTRACTj INVOKING THE PERFORMANCE BOND
UNDER THE CONTRACTj ANY AND ALL RELATED
DISCUSSIONS WITH THE SURETY, UNITED STATES
FIDELITY AND GUARANTY COMPANY FOR PURPOSES OF
ENFORCEMENT OF THE TERMS AND CONDITIONS OF
THE BONDj SELECTION OF THE REPLACEMENT
CONTRACTOR, WIDELL, INC.j AND ANY OTHER SIMILAR
OR RELATED ACTIONS.
WHEREAS, on February 1999, Resolution No. 99-23061 awarded a contract to
Felix Equiti~s, Inc. (FEI or Contractor) in the amount of $17,692,568.00, pursuant to Bid
No. 99-97/98 for the Water and Waste Water Pump Station Upgrades in the City of Miami
Beach (Project) (the Contract); and
WHEREAS, since the commencement of construction ofthe Project, several delays
related to coordination of unforeseen conditions, omissions and deletions occurred; and
WHEREAS, even though the above noted delays affected timing for some activities
on the Project, FEI began having difficulty maintaining enough cash flow on the Project to
pay its sub-contractors and suppliers within eight (8) months of Project commencement,
despite full and timely payment by the City for work completed; and
WHEREAS, on May 21, 2001, FEI submitted a Request for Equitable Adjustment
(1st REA) to the City's consulting engineer, Camp Dresser & McKee, Inc. (COM), for
approximately $1.7 million, representing increased costs FEI attributed to delays
associated with the issues referenced above; and
WHEREAS, repeated City requests for FEI to submit specific documentation to
support the 1st REA were not provided to allow an analysis by COM or City staff and,
without this information, the City could not evaluate the Contractor's 1S1 REA; and
WHEREAS, COM and City staff actively addressed altematives to enable FEI to
proceed with construction without further delays, including discussions to set out a plan to
resolve outstanding issues, and to persuade FEI to immediately bring the major
subcontractors back to work; produce a realistic recovery schedule to advance the
Project's critical path; and to provide sufficient skilled labor and equipment to prosecute the
work in a timely manner; and
WHEREAS, the City's Capital Improvement Projects Office Director (Director),
acting as the City Manager's designee on behalf of the City, as a measure of good faith,
did offer additional time and money to FEI to resolve the 1s1 REA for those areas that the
City staff believed were supported by the information submitted by FEI, unfortunately,
these discussions did not yield positive results; and
WHEREAS, for several months, FEI continued to fall seriously behind schedule and
did not appear to have a plan of action to correct the situation, and the ever-dwindling level
of manpower assigned to the Project by FEI mirrored the lack of progress; and
WHEREAS, several of FEI's subcontractors on the Project notified the City of FEl's
failure to pay them, and that they had therefore stopped work and/or refused to provide FEI
with release of liens; and
WHEREAS, FEl's surety, United States Fidelity and Guaranty Company (USF&G)
also refused to provide the consent of surety to pay FEI so it could pay certain sub-
contractors; USF&G also refused to pay the sub-contractors in accordance with its
payment bond, which further exacerbated the situation; and
WHEREAS, the critical path ran through the electrical and mechanical
subcontractors, and the electrical subcontractor for several months severely reduced the
number of its employees on site to welf below what was needed to make effective
progress, and the mechanical contractor apparently left the Project entirely; and
WHEREAS, both the electrical and mechanical subcontractors indicated that their
lack of responsiveness on the Project was due to non-payment by FEI; and
WHEREAS, because of the lack of progress by the electrical and mechanical
subcontractors, the critical path of the Project did not advance for nearly four months, and
at the reduced manpower levels, extensive additional delays were anticipated which
contributed to inexcusable delays in the time to complete the Contract; and
.._________.. ........ .....-.. _-......_____-..-.....~...............,. "--..I........,.........,.._-II'7lL.................~."., r....---_-' ,.. .,.-
WHEREAS, after the Bankruptcy Filing, FE! and USF&G, requested a meeting with
the City to discuss potential settlement options. but these initial discussions did not
produce a settlement that met the interests of all parties; and
WHEREAS, as a result of F.EI's default under the Contract, the City, through the
delegation of powers granted the City Manager pursuant to Resolution No. 2002-24924,
properly invoked the Performance Bond on the Project (provided by USF&G in August
2002), but USF&G declined to honor said Performance Bond, based on the Bankruptcy
Filing; and
WHEREAS, subsequent demands and settlement discussions continued throughout
the balance of 2002 and into 2003; and
WHEREAS, to date, the City has been unable to negotiate an acceptable settlement
with FEI and USF&G, and many of these issues have become a source of current litigation;
and
WHEREAS, due to the continued deterioration of the pump stations, the Director,
acting as the City Manager's designee, determined in late 2002 that it was not in the City's
best interest to continue to wait for the conclusion of the FEI/USF&G issues noted above
before continuing the Project, and therefore, decided to complete the previously approved
informal bid process to secure a replacement contractor; and
WHEREAS, on June 10, 2003, (the deadline for bids pursuant to the modified bid
process for a replacement contractor), bids were received by the City's Procurement
Division; and
WHEREAS, on July 2, 2003, the Bankruptcy Court presiding over FEI's bankruptcy
case, granted the City relieffrom the automatic stay imposed by 11 U.S.C. Section 362, to
take the necessary steps to complete the Project and to the extent relief was necessary,
relief to exercise any and all of its rights against USF&G; and
WHEREAS, only one contractor was deemed qualified and responsive; City staff
decided to proceed with negotiations with Widell, Inc., whose initial bid was in the amount
of $20,970,000; and
WHEREAS, City staff entered into long and very detailed negotiations with Widell,
Inc., wherein City staff and CDM, as well as personnel from Widell, evaluated every item in
the bid proposal; reviewed carefully the established scope; and reviewed the documents
submitted for bid, etc.; in the end, the parties agreed upon a final cost to complete the
Project of $17.352,615: and
WHEREAS, work will include furnishing and installing all necessary materials,
equipment, supplies and associated work including labor, excavation, etc. to complete the
major renovation of twelve (12) dry pit waste water pump stations; four (4) water pump
stations; six (6) electrical/generator buildings; a new system-wide process instrumentation
WHEREAS, the lack of adequate manpower to advance the Project resulted in the
effective abandonment of the Project by FEI; and
WHEREAS, FEI filed a second Request for Equitable Adjustment (2nd REA), in the
amount of $1.4 million, in May 2002, bringing the total REA daims submitted by FEI to $3.1
million; and
WHEREAS, similar to the 151 REA, the 2nd REA did not include the documentation to
support the Contractor's 2nd REA; and
WHEREAS, as FEI continued to fail in proceeding properly, the Director, acting as
the "City Engineer". pursuant to Article 8.8 of the Contract, on June 7, 2002, sent FEI a
Notice of Default, and provided FEI ten (10) days to correct the default; and
WHEREAS, subsequently, on July 10, 2002, and pursuant to Article 8.8 of the City's
Contract, the Director, prepared or caused to be prepared a Commission Memorandum
and Res'.Jlution No. 2002-24924, providing written certification of FEI's default and
recommending that the City Commission remove the prosecution of work from FEI, and
further authorizing the City Manager, or his designee, to prosecute the remainder of the
work; the City Commission approved this request on that date, through Resolution No.
2002-24924; and
WHEREAS, Resolution No. 2002-24924, also declared an emergency situation and
waived formal competitive bidding requirements for the Project, providing the City Manager
or his designee with the necessary authority to procure a new contractor, who could
successfully complete the Project; and
WHEREAS, notwithstanding the authority granted to it pursuant to Resolution No.
2002-24924, the City Manager, through staff, initiated a modified bid process in choosing a
replacement contractor by requesting proposals from three replacement contractors, some
who had done business with the City previously, and others who were recommended by
CDM as providing superior work on previous projects; and
WHEREAS, the emphasis on the selection of a replacement contractor was on
qualifications, so that the City could contract with a contractor who specialized in the type
of work contemplated in the Project, and who could demonstrate a track record of success;
it was also deemed preferable to have a contractor that had stepped in and completed
contracts as a replacement contractor in the past; and
WHEREAS, on July 9, 2002, Linc Net and its affiliates, including FEI, filed a
bankruptcy petition under Chapter 11 Bankruptcy Code (the "Bankruptcy Filing") and an
automatic stay was placed on the Contract; and
WHEREAS, the Bankruptcy Filing limited what action the City could take regarding
FEI, and the Contract; and
and control system; and the replacement of eleven (11) submersible waste water pump
stations; and
WHEREAS, at this time, the conditions of some of the pump stations are in
emergency status; the equipment installation that FEI was providing was never completed
and the pump stations are still working with extremely outdated and damaged equipment
installed almost 30 years ago; and
WHEREAS, immediate action is required to proceed with the upgrades to provide
the City's citizens, including residents and visitors, with a system comparable with the
progress of the City; and
WHEREAS, the City has provided due notice to the surety, USF & G, of all actions
taken to complete the Project including, but not limited to, giving the surety ample
opportunity to hire a replacement contractor to complete the Project or allow the surety to
complete the Project itself and the surety has failed and refused to do so; and
WHEREAS, funding, in the amount of $13,659,893,83, from Water and Sewer Bond
- Series I, is appropriated and available for use on the Project; a portion of which is the
balance of FEI's Contract amount; and
WHEREAS, additional funding, in the amounts of $1,173,063.00 and $15,393.71,
are available for use on the Project from City Center and South Pointe Redevelopment
Area tax increment funds, respectively, and shall be appropriated by separate action; and
WHEREAS, funding, in the amount of $4,862,562.00, from the Water & Sewer Bond
- Series I (Fund 426), has been appropriated for use on the South Pointe Wastewater
Master Booster Pump Station Project, which is in the design phase, but can be replaced by
South Pointe Redevelopment Area tax increment funds; and
WHEREAS, with the adoption of this Resolution, $4,862,562.00 from the Water &
Sewer Bond - Series I (Fund 426), that had been appropriated for use on the South Pointe
Wastewater Master Booster Pump Station Project, will be reallocated to the Water and
Wastewater Pump Station Upgrades Project; the South Pointe Wastewater Master Booster
Pump Station Project will be funded by South Pointe Redevelopment Area tax increment
funds; and
WHEREAS, these funds will be used to fund the construction costs for Widell, Inc.;
a new contingency on the Project; additional services for CDM to complete the construction
administration and field oversight (which is sought to be awarded in an accompanying
resolution); and additional Project management fees for the CIP Office; and
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein approve the award of a contract to the firm of Widell, Inc., in the
amount of $17,352,615, for completion of the Water and WastelWater Pump Station
Upgrades Project (Bid No. 99-97/98), pursuant to the action(s) delegated by the City
Commission to the City Manager and/or his designee pursuant to Resolution No. 2002-
24924; and further ratifying Resolution No. 2002-24924, and herein re-affirming the actions
taken by the City Manager and/or his designee pursuant thereto as properly within the City
Manager's authority, as delegated pursuant to said Resolution No. 2002-24924, induding,
but not limited to subsequent actions taken regarding the City's Contract with FEI, and the
Surety, United States Fidelity and Guaranty Company, including, but not limited to default
actions; invoking of performance bonds; selection of the replacement contractor, Widell,
Inc.; and any other similar or related actions.
PASSED AND ADOPTED this
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APPROVED MTO
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lC)
-
Condensed Title:
Award the contract to Widell Inc. for re-procurement of Water and Waste Water Pump Stations Upgrades in the Amount of
$17,352.615; authorize additional services to COM for related Construction Administration services; and further re-affinning
all previous authority granted by the City Commission to the City Manager, or designee, in taking appropriate actions
regarding administration of both the Felix Equities, Inc. and United States Fidelity and Guaranty Company contracts with the
City.
Issue:
Should the City ColTVTllssion Award the Contract to Widell, Inc. and Additional Services to COM?
Item Summary/Recommendation:
On February 1999, Resolution 99-23061 awarded a $17,692,568.00 contract to Felix Equities, Inc. (FEI) pursuant to
Invitation to Bid No. 99-97/98 for the Water and Waste Water Pump Station Upgrades. On June 18, 2002, the Administration
certified FEI in Default. On July 10, 2002, the Mayor and City Commission adopted Resolution 2002-24924, which declared
an emergency situation and waived the formal competitive bidding requirements for the project. Line Net, the parent
company of FEI, filed for bankruptcy and an automatic stay was placed on the FEI contract. This action precluded the City
from implementing any action regarding FEI and FEl's contract without Bankruptcy Court approval. At approximately the
same time, FEI and its surety company, United States Fidelity and Guaranty Company (USF&G), requested a meeting with
the City to discuss potential settlement options. These initial discussions did not produce a settlement that met the interests
of all parties. Therefore, the City invoked the Performance Bond on the project provided by USF&G in August 2002. USF&G
declined to honor Its Performance Bond based on the bankruptcy of FE!. Subsequent demands and setUement discussions
continued throughout the balance of 2002 and into 2003. To date, the City Administration and City Attomey have been
unable to negotiate an acceptable settlement and many of these Issues have become a source of current litigation. Due to
the continued deterioration of the pump stations, the City Administration decided in late 2002 that it was not in the City's
interest to continue to wait for the conclusion of the FEIISurety issues noted above before continuing the project. Therefore,
the Administration decided to complete the previously approved informal bid process to secure a replacement contractor.
The CIP Office, together with the Procurement Department, conducted a selective re-bid for the project in 2003 with a
deadline of June 10, 2003, to receive bid proposals for the re-procurement. Widell, Inc. was the only respondent deemed
qualified and responsive and presented an initial bid proposal in the amount of $20,970,000, which was later negotiated,
with the assistance of Camp Dresser and McKee, the City's consultant on the project, and which resulted in a final bid
proposal in the amount of $17,352,615. The work includes the completion of a major renovation to twelve (12) dry pit waste
water pump stations, four (4) water pump stations, six (6) electrical/generator Buildings, a new system-wide process
instrumentation and control system, and the replacement of eleven (11) submersible waste water pump stations. At this time
the conditions of some of the Pump Stations are in emergency status; the equipment installations that FEI was providing was
never completed and the Pump Stations are still working with extremely outdated and damaged equipment installed almost
30 years ago.
Advisory Board Recommendation:
I NIA
Financial Information:
Source of
Funds:
. .~~II.nt'~:
; Approved
I I
Finance Dept.
AGENDA ITEM
DATE
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CITY OF MIAMI BEACH
CliY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
WIf'N.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ ~
City Manager 0 V
Date: January 14, 2004
To:
Subject:
Water and Waste Water Pump Stations Upgrades Project.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF A
CONTRACT TO THE FIRM OF WIDELL, INC., IN THE AMOUNT OF
$17,352,615, FOR COMPLETION OF THE WATER AND WASTE WATER
PUMP STATION UPGRADES PROJECT (BID NO. 99-97/98), PURSUANT
TO THE ACTION(S) DELEGATED TO THE CITY MANAGER AND/OR HIS
DESIGNEE PURSUANT TO RESOLUTION NO. 2002-24924; AND
FURTHER RATIFYING RESOLUTION NO. 2002-24924, AND HEREIN
REAFFIRMING THE ACTIONS TAKEN BY THE CITY MANAGER ANDIOR
HIS DESIGNEE PURSUANT THERETO AS PROPERLY WITHIN THE CITY
MANAGER'S AUTHORITY, AS DELEGATED PURSUANT SAID
RESOLUTION NO. 2002-24924, INCLUDING BUT NOT LIMITED TO
SUBSEQUENT ACTIONS TAKEN REGARDING THE CITY'S CONTRACT
WITH FEI AND THE SURETY, UNITED STATES FIDELITY AND
GUARANTY COMPANY, INCLUDING, BUT NOT LIMITED TO DEFAULT
ACTIONS; INVOKING OF PERFORMANCE BONDS; SELECTION OF THE
REPLACEMENT CONTRACTOR, WIDELL, INC.; AND ANY OTHER
SIMILAR OR RELATED ACTIONS.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING AN AMENDMENT TO THE
AGREEMENT WITH CAMP, DRESSER AND MCKEE (COM) TO PROVIDE
ENGINEERING SERVICES FOR UPGRADING WATER AND SEWER
PUMPING STATIONS; SAID AMENDMENT PROVIDING FOR
CONSTRUCTION ADMINISTRATION AND FIELD OVERSIGHT SERVICES
FOR THE WATER AND WASTE WATER PUMP STATIONS UPGRADES
PROJECT IN AN AMOUNT NOT TO EXCEED $500,000.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
FUNDING
Funding has been appropriated and is available from the existing Standing Order for Felix
Equities. Inc. (FEI), in the amount of $11,107,245.95. Additional funds from Water &
City Commission Memorandum
Water and Wastewater Pump Station Upgrade Contractor Re-Procurement
January 14, 2004
Page 2 of 6
Sewer Bond - Series I (Fund 426) allocated to the Water and Wastewater Pump Station
Upgrades Project in the amount of$2,552,647.88 have also previously been appropriated
and are available for use on the project.
Funding in the amount of $4,862,562.00 has been appropriated for use on the South
Pointe Wastewater Master Booster Pump Station project, which is in the design phase.
With the approval of this item, this funding will be reallocated to the Water and Wastewater
Pump Station Upgrades Project. The South Pointe Wastewater Master Booster Pump
Station project will be funded by South Pointe Redevelopment Agency (RDA) Tax
Increment Funds (TIF).
Additional funding in the amounts of $1.203,063.00 and $15,893.71 are available from the
City Center and South Pointe RDA TIF and are being appropriated through the adoption of
a resolution of the Redevelopment Agency elsewhere on this agenda.
The sum of these amounts, $19,741,412.54, will fully fund the Construction contract with
Widell ($17,352,615.00), Additional Services for Construction Administration and Field
Observation for CDM (not to exceed $500,000.00), additional CIP Office project
management fees ($158,455.11), and a project contingency ($1,730,342.43).
ANALYSIS
On February 1999, Resolution 99-23061 awarded a $17,692,568.00 contract to Felix
Equities, Inc. (FEI) pursuant to Bid No.99-97/98 for the Water and Waste Water Pump
Station Upgrades in the City of Miami Beach.
Since the commencement of construction, several delays related to coordination of
unforeseen conditions, omissions and deletions occurred.
On May 21. 2001, the Contractor (FEI) submitted a Request for Equitable Adjustment
(REA) to the City's consulting engineer Camp Dresser & McKee, Inc. (COM) for
approximately $1.7 million, representing increased costs the ContlClctor attributed to delays
associated with the issues referenced above. Repeated City requests for FEI to submit
specific documentation to support the REA were not provided in sufficient detail to allow a
thorough analysis by CDM or City staff. Without this information, the City could not
evaluate the Contractor's REA.
On November 28, 2001, as a result of staff concems, a Letter to Commission (LTC) was
provided to the City Commission advising that the conditions described above had
contributed to time delays and additional costs.
The City's Project team actively addressed alternatives to encourage FEI to proceed with
construction without further delays, including discussions to set out a plan to resolve
outstanding claims issues, and to persuade FEI to immediately bring the major
subcontractors back to work, produce a realistic recovery schedule to advance the project's
:
City Commission Memorandum
Water and Wastewater Pump Station Upgrade Contractor Re-Procurement
January 14, 2004
Page 3 of 6
critical path, and to provide sufficient skilled labor and equipment to prosecute the work in a
timely manner. The City Administration, as a measure of good faith, did offer additional
time and money to resolve the outstanding REA for those areas that it felt could be
supported by the information it had. Unfortunately, these discussions did not yield positive
results.
For several months FEI continued to fall seriously behind schedule and did not appear to
have a plan of action to correct the situation. The ever-dwindling level of manpower
assigned to the project mirrored the lack of progress. Several of FEl's subcontractors on
the project notified the City of FEI's failure to pay them and that they had therefore stopped
work and/or refused to provide FEI with release of lien letters.
In this phase of the contract the critical path ran through the electrical and mechanical
subcontractors. The electrical subcontractor for several months severely reduced the
number of their employees on site to well below what was needed to make effective
progress. The mechanical contractor apparently left the project entirely. Both the electrical
and mechanical subcontractors indicated that their lack of responsiveness on the project
was due to non-payment by FE!. Because of the lack of progress of the two major
subcontractors the critical path did not advance for nearly four months. At that manpower
level, extensive additional delays were anticipated which contributed to inexcusable delays
in the contract time. The lack of adequate manpower to advance the project resulted in the
effective abandonment of the project by FEI.
FEI did, however, file a second Request for Equitable Adjustment in the amount of $1.4
million in May 2002. The second REA brought the total REA claim by FEI to $3.1 million.
Similar to the first REA, this second REA did not include sufficient detail to support the
Contractor's request for additional dollars.
As FEr continued in its failure to properly staff the job, the City Administration, on June 7,
2002, sent Felix Equities a Notice of Default due to the lack of progress in the project and
provided FEI1 0 days to correct the lack of progress issues. Upon FEl's failure to properly
remedy its lack of progress, the City Administration certified FEI in default on June 18,
2002. Subsequently, on July 10, 2002, and pursuant to Article 8.8 of the City's contract
with FEI, the Administration recommended that the City Commission remove the
prosecution of work from the hands of FEI and authorize the City Manager. or designee, to
prosecute the remainder of the work. Pursuant to Article 8.8, any remaining funds in the
contract would be retumed to the contractor, or if the remaining funds are insufficient, the
contractor, after completion of the work, would be required to pay the City the cost overrun.
This action was consistent with the contract requirements. The City Commission approved
this request on that date through Resolution 2002-24924.
Resolution 2002-24924 declared an emergency situation and waived formal competitive
bidding requirements for the project, providing the City Manager the necessary tools to
procure a new Contractor which could successfully complete the project. Although, for the
above reasons, the Administration recommended a waiver of competitive bid requirements,
the Administration did follow a modified bid process in choosing a replacement contractor.
City Commission Memorandum
Water and Wastewater Pump Station Upgrade Contractor Re-Procurement
January 14, 2004
Page 4 of 6
The City requested proposals from three replacement contractors, some who had done
business with the City previously and some who were recommended by the designer as
providing superior work on previous projects. The emphasis on the selection of a
replacement contractor was on qualifications. The City wanted to contract with a contractor
who specializes in this type of work and one that could demonstrate a track record of
success. It was also preferable to have a contractor that has stepped in and completed
contracts as a replacement contractor in the past.
On July 9, 2002, the day before the City Commission action noted above, Linc Net, the
parent company of FEI, filed for bankruptcy and an automatic stay was placed on the FEI
contract. This action precluded the City from implementing any action regarding FEI and
FEI's contract without Bankruptcy Court approval. At approximately the same time, FEI
and its surety company, United States Fidelity and Guaranty Company (USF&G),
requested a meeting with the City to discuss potential settlement options. These initial
discussions did not produce a settlement that met the interests of all parties. Therefore,
the City invoked the Performance Bond on the project provided by USF&G in August 2002.
USF&G declined to honor its Performance Bond based on the bankruptcy of FE!.
Subsequent demands and settlement discussions continued throughout the balance of
2002 and into 2003.
To date, the City Administration and City Attorney have been unable to negotiate an
acceptable settlement and many of these issues have become a source of current
litigation. As a side note, and due to one of the issues raised by FEI and USF&G, the
Commission Resolution accompanying this Commission Memo requests that the City
Commission re-affirm that the City Manager and/or designee had authority to act regarding
all provisions of the City's contracts with both entities, including default actions, invoking of
performance bonds, and any similar or related actions.
Due to the continued deterioration ofthe pump stations, the City Administration decided in
late 2002 that it was not in the City's interest to continue to wait for the conclusion of the
FEI/Surety issues noted above before continuing the project. Therefore, the Administration
decided to complete the previously approved informal bid process to secure a replacement
contractor.
On June 10th, 2003, the deadline for bids pursuant to Invitation to Bid No. 10-02/03, were
received at the Procurement Department. Only one contractor, who was deemed qualified
and responsive, submitted an initial bid proposal and the City decided to proceed with
negotiations. The initial bid by Widell, Inc. was in the amount of $20,970,000.
The City entered into long and very detailed negotiations with Widell. CIP staff and CDM
as well as personnel from Widell evaluated every item in the bid proposal, reviewed
carefully the established scope, and reviewed the documents submitted for bid, etc., and in
the end agreed upon a final cost to complete the project of $17,352,615. Work will include
furnishing and installing all necessary materials, equipment, supplies and associated work
including labor, excavation, etc. to complete the major renovation of twelve (12) dry pit
waste water pump stations, four (4) water pump stations, six (6) electrical/generator
City Commission Memorandum
Water and Wastewater Pump Station Upgrade Contractor Re-Procurement
January 14,2004
Page 5 of 6
buildings, a new system-wide process instrumentation and control system, and the
replacement of eleven (11) submersible waste water pump stations.
The City and CDM feel that Widell's price is reasonable at this time. Not only has the price
gone up since 1999 when the project was originally bid, due to time and escalation, but
also that original price from FEI has now been determined to be, by the Program Manager
and the City, most probably lower than what it should have been at that time. The original
Engineer's estimate of probable cost was $20,992,900. but after discussions with FEI and
evaluation of FEr's qualifications and references, they assured the City and CDM that their
price was accurate and that they could perform the work for the amount quoted. Based on
FEI's ultimate financial disposition, this assertion by FEI appears to have been proven
wrong.
There will also be additional services for CDM to complete the Construction Administration
and Field Oversight, in an estimated amount of $500,000. The proposal the City received
from CDM is higher than this amount, but the City and CDM have not yet begun
negotiations regarding the scope and amount ofthe fee. If the City cannot negotiate a fee
of $500,000 or less, an item may be brought to the Commission at a later date for
additional funds. By amending the contract amount now, continuity of services is
guaranteed so construction can begin without having fully negotiated the final amount.
Similarly, the City must provide a new contingency on the project, in the amount of
$1.730,342.43. Finally, there will be additional project management fees for the CIP Office
in the amount of $158,455.11. A total of $19,741,412.54 is needed to complete the
project.
Item
Widel Negotiated Bid Amount
Contingency for Project
Construction Administration and Field Oversight
CIP Office Management Fees
Total Project Costs
Amount
$17,352,615.00
1,730,342.43
500,000.00
158,455.11
$19,741,412.54
The original contract value with FEI was $17.692,568.00. Payments were made to FEI for
the work performed prior to the abandonment of the project. The City had to maintain the
project site and materials once FEI was removed from the project until a new contractor
could assume responsibility for the site and materials. A balance of $11,107,245.95
remains from the original FEI contract value for use to procure a new contractor.
Additional funds from Water & Sewer Bond - Series I (Fund 426) allocated to the Water
and Wastewater Pump Station Upgrades Project in the amount of $2,552,647.88 have also
previously been appropriated and are available for use on the project.
'. -"
City Commission Memorandum
Water and Wastewater Pump Station Upgrade Contractor Re-Procurement
January 14, 2004
Page 6 of 6
Funding in the amount of $4,862,562.00 from the Water & Sewer Bond - Series I (Fund
426) has been appropriated for use on the South Pointe Wastewater Master Booster Pump
Station project, which is in the design phase. With the approval of this item, this funding
will be reallocated to the Water and Wastewater Pump Station Upgrades Project. The
South Pointe Wastewater Master Booster Pump Station project will be funded by South
Pointe Redevelopment Agency (RDA) Tax Increment Funds (TIF).
Additional funding in the amounts of $1 ,173,063.00 and $15,393.71 are available from the
City Center and South Pointe RDA TIF and are being appropriated through the adoption of
a resolution of the Redevelopment Agency elsewhere on this agenda. The following table
demonstrates the funds being recommended for use to fully fund this project.
Funding Source
Balance from FEI ContlClct
Water & Sewer Bond - Series I (Fund 426)
Water & Sewer Bond - Series I (Fund 426) (from
South Pointe Wastewater Master Booster Pump Station)
City Center RDA TIF
South Pointe RDA TIF
Total Funding
Amount
$11,107,245.95
2,552,647.88
4,862,562.00
1,203,063.00
15,893.71
$19.741.412,54
CONCLUSION
At this time the conditions of some of the Pump Stations are in emergency status; the
equipment installations that FEI was providing was never completed and the Pump
Stations are still working with extremely outdated and damaged equipment installed almost
30 years ago. The City is required to act at once and proceed with the upgrades to provide
the citizens with a system comparable with the progress of the City of Miami Beach.
Therefore, the Administration recommends approval ofthe Widell, Inc. final negotiated bid
proposal, in the amount of $17 ,352,615; the award of a construction contract to Widell, Inc.
for the Water and Waste Water Pump Stations Upgrade project; awarding additional
services to CDM in an amount not to exceed $500,000 for Construction Administration and
Field Oversight services, and the requisite appropriation of funds to fully fund the project.
T:\AGENDA\2004\Jan1404\Regular\pump stations memo.doc
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.fi.us
m
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile {305} 673-7851
INVITATION TO BID NO. 10-02/03
ADDENDUM NO.1
March 11,2004
WATER AND WASTEWATER PUMP STATION UPGRADE is amended as follows:
I. Please replace pages 1-7 of the front-end bid document with the pages attached to this
addendum. Please be aware that the Pre-Bid Conference will be held at City Hall, 1700
Convention Center Drive, 1" Floor Conference Room and not 1901 Convention Center
Drive.
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:\\ci.miami-beach.ft.us
m
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 10-02/03
ADDENDUM NO.2
March 11,2004
WATER AND WASTEWATER PUMP STATION UPGRADE is amended as follows:
I. The bid opening date has changed from May 16 to June 10,2003 at 3:00 PM. Subsequent
addendum will follow with answers to bidders questions and with an announcement of a 2nd
Pre-Bid/Site Visit date and time.
II. Attached to this addendum is drawing no.M-30, this drawing was missing from the original
set. This addendum and attached drawing will be mailed to each bidder of this project.
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
nn
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
hltp :llc; .miami-beach. fl. us
m
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673-7851
INVIT A TION TO BID NO. 10-02/03
ADDENDUM NO.3
March 11, 2004
WATER AND WASTEWATER PUMP STATION UPGRADE is amended as follows:
I. The following are questions and answers in reference to this bid:
Q. The equipment that has been purchased already; who owns this equipment and who
will be liable for the warranties on this equipment and any other equipment that may
be on the way and delivered to the City?
A. The equipment previously purchased and paid to Felix is owned by the City and will
be furnished to the replacement contractor. Warranties for this equipment will have
to be established on the basis of extensions where equipment has been installed and
will simply have to be in place as new where equipment was purchased but not
installed. A warranty for work performed by the replacement contractor will have to
be the standard one year warranty.
Q. Who is responsible for providing this bid, is it the City or the Surety?
A. Technically, this is the City's bid and the City will be the party that awards any
contract pursuant to this bid process.
Q. Widell, Inc.: It has come that the National Flood Insurance Program will not insure
the portion of this project which is below grade. Weare negotiating with them right
now, but we need the physical address of each of the pump stations in order to
determine exactly what will be covered and what will not be. Please clarify.
A. Addresses for each pump station are available in the "information available to
bidders" binder that includes copies of the various building permits. Each building
permit includes the address.
Bid 10-02/03
Addendum 3
Page 2
June 7, 2003
PUMP STATIONS
1
2
4
5
6
7
8
11
13
14
15
18
19
21
22
23
24
27
28
29
W-2
W-3
W-4
W-5
1051
45
104
187
100
126
126
401
2660
2730
5100
6560
6854
850
100
750
8100
5400
300
6310
700
971
1050
27
Jefferson Ave
West Star Island
W. Palm Midway M8CH
Palm Ave.
Venetian Way San Marino
Venetian Way Di]ido
Venetian Way Rivo Alto
17th Street
Sunset Dr. Sunset Island III
Sunset Dr. Sunset Island II
Pine Tree Dr.
Pine Tree Ln
Indian Creek Dr.
71st Street
Hagen Street
75th Street
Hawthorne Ave
Collins Ave
28th Street
Indian Creek Dr.
75th Street
71st Street
Arthur Godfrey Rd.
Venetian Way 8elle Is]and
80004309
89801315
89801316
89801317
89801318
8980]319
89801320
89801402
89801321
89801322
89801323
89801324
89801325
89801403
89801326
89801404
89801327
89801328
89801405
89801406
89801412
89801409
89801408
89801407
Q. Widell, Inc.: At the pricing meeting held on April 23, 2003, we discussed payments to
be made to the major suppliers who have not been paid from the Felix Equities
Contract. It was unknown whether or not payments would be made by the Surety,
St. Paul, the City of Miami Beach or an allowance account contained in the contract.
In discussions we have had with U.S. Filter Controls, the Control & Instrumenation
Supplier, Fairbanks Morse Pump Company / Pantera Pump Group, the pump
supplier, and the Allen Bradley Company, the VF Drive supplier, they are interested
in completing the project but are also concerned about invoices for equipment
already shipped and inventoried however payments have been withheld. Has there
been any resolution thus far with these outstanding payments, so we may inform
these vendors accordingly.
A. The materials stored on site marked as "extra to CMB" in the Information Available
to bidders "stored materials" are to be included in the price to be paid to the provider
by the Contractor.
Items held by the City will be part ofthe project as owner furnished equipment to be
installed by the replacement contractor.
Bid 10-02/03
Addendum 3
Page 3
June 7, 2003
Accounts receivable between Felix and its suppliers are encumbered by the
bankruptcy court. Accounts receivable between the City of Miami Beach and Felix
Equities were initially encumbered by the Surety Company, then, later by the
bankruptcy court. With the sole exception offour variable frequency drives (VFDs),
all material delivered to the site has been paid for (less contractual 10% retain age) by
the CMB.
Please include all these prices in different line items in the cost proposal.
If vendor participants in the original contract will not provide prices to the
prospective completion contractors, the completion contractors would have no choice
but to obtain other vendors.
Q. Widell, Inc.: The alternate Bid Items A-3 and A-4 deal with the furnishing of 316
Stainless Steel Sluice Gates in Lieu ofthe specified cast iron sluice gates. However, in
Amdendment 1-R, the specification has changed regarding the Sluice Gates Section
11281 FRC.1 to 316 Stainless Steel. I believe makes Alternate A-3 and A-4
unnecessary, Please clarify.
A. The base bid is to include cast iron sluice gates. There are two alternate bid items
related to sluice gates. No.3 is to change three gates from cast iron to stainless steel.
No.4 is to add nine SS sluice gates to the project.
Q. Widell, Inc.: Please respond to the Request for Information from our HV AC supplier,
GoldCoast Mechanical, Inc.
A. The shop drawing file from the original contract is voluminous. All shop drawings
are indicated in the instruction to bidders as information available to bidders. All
shop drawings are available for review by prospective bidders by appointment at the
office of the Engineer, Suite 710 800 Brickell Ave, Miami. The question regarding
explosion proof electrical equipment is addressed in the specifications under division
16. Briefly, areas on the drawings indicated as Class I, Division 2 are affected by code.
Class I, Division 2 areas are designated on the electrical drawings.
Q. It seems that Weather King Equipment does not exist anymore. Company was bought
by Rheem and they make the same equipment with the same specifications but
different name. Will this be a problem at the time of submittals?
A. No it will not, it will be acceptable to use that equipment since design ofthe A is based
on the performance of the equipment, and the performance will be achieved.
Bid 10-02/03
Addendum 3
Page 4
June 7, 2003
II. Attached to this addendum is the Electrical Work Permit History for PS28 and a copy ofthe
status of the pumps and other equipment from Pentair/Fairbanks Morse.
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
nn
TABLE OF CONTENTS
PAGE
NOTICE FOR BIDS .....................................................................................................................7
NO BID NOTIFICATION FORM ............................................................................................... 9
00100.
GENERAL INSTRUCTIONS TO BIDDERS................................................... 10
00200.
DEFINITIONS .....................................................................................................11
00300.
INSTRUCTIONS TO BIDDERS ....................................................................... 15
1. Examination of Contract Documents and Site ................................... 15
2. Pre-Bid Interpretations ........................................................................... 15
3. Submitting Bids ....................................................................................... 16
4. Printed Form of Bid ................................................................................ 16
5. Bid Guaranty ........................................................................................... 16
6. Acceptance or Rejection of Bids.......................................................... 16
7. Determination of Award .........................................................................17
8. Evaluation................................................................................................17
9. Contract Price .........................................................................................17
10. Postponement of Date for Presenting and Opening of Bids ........... 17
11. Qualifications of Bidders ....................................................................... 17
12. Addenda and Modifications ..................................................................18
13. Prevailing Wage Rates ..........................................................................18
14. Occupational Health and Safety.......................................................... 18
15. Environmental Regulations ................................................................... 19
16. "Or Equal" Clause ..................................................................................19
17. Protested Solicitation and Award ......................................................... 20
18. Financial Stability and Strength ...........................................................20
00400.
B I D/TEN DER FORM.......... ......... ................ ......... ...................... .......... ............. 21
00405.
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ..................... 24
SCHEDULE OF PRICES BID ..........................................................................25
00407.
00410.
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ......................................................26
00500.
SUPPLEMENT TO BID/TENDER FORM
QUESTIONNAIRE .............................................................................................28
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
3
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SUPPLEMENT TO BIDITENDER FORM
NON-COLLUSION CERTI FICA TE .......................................................... ........ 35
SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION ............................................. 36
SUPPLEMENT TO BIDITENDER FORM
TRENCH SAFETY ACT .................................................................................... 38
RECYCLED CONTENT INFORMATION .......................................................40
CONTRACT ........................................................................................................41
FORM CERTIFICATE OF INSURANCE........................................................50
FORM OF PERFORMANCE BOND ...............................................................51
FORM OF PAYMENT BOND ........................................................................... 54
CERTIFICATE AS TO CORPORATE PRINCIPAL.......................................57
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ......................................................58
GENERAL CONDITIONS ................................................................................. 60
1. Project Manual........................................................................................ 60
2. Intention of City ....................................................................................... 60
3. Preliminary Matters ................................................................................61
4. Performance Bond and Payment Bond .............................................. 62
5. Qualification of Surety........................................................................... 63
6. Indemnification.. ............ ..................... ..................... .......................... ...... 65
7. Insurance Requirements ....................................................................... 65
8. Labor and Materials ............................................................................... 68
9. Royalties and Patents ............................................................................ 69
10. Weather .......................................................................................... .......... 69
11. Permits, Licenses and Impact Fees .................................................... 69
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 4
TABLE OF CONTENTS
(Continued)
12. Resolution of Disputes........................................................................... 70
13. Inspection of Work ................................................................................. 71
14. Superintendence and Supervision....................................................... 71
15. City's Right to Terminate Contract....................................................... 73
16. Contractor's Right to Stop Work or
Terminate Contract ................................................................................ 74
17. Assignment.......................................................... .................................... 74
18. Rights of Various Interests.................................................................... 75
19. Differing Site Conditions ........................................................................ 75
20. Plans and Working Drawings ............................................................... 76
21. Contractor to Check Plans,
Specifications, and Data .......................................................................76
22. Contractor's Responsibility for
Damages and Accidents ....................................................................... 76
23. Warranty ..................................................................................................76
24. Supplementary Drawings ...................................................................... 77
25. Defective Work ....................................................................................... 77
26 . Taxes............... ...................................................... ...................... .............78
27. Subcontracts ...........................................................................................78
28. Separate Contracts ................................................................................78
29. Use of Completed Portions ................................................................... 79
30. Lands for Work ....................................................................................... 80
31. Legal Restrictions and Traffic Provisions ...........................................80
32. Location and Damage to Existing
Facilities, Equipment or Utilities ...........................................................81
33. Value Engineering .................................................................................. 82
34. Continuing the Work ..............................................................................82
35. Changes in the Work or Terms
of Contract Documents .......................... ................................................ 82
36. Field Orders and Supplemental Instructions ...................................... 83
37. Change Orders .......................................................................................83
38. Value of Change Order Work ............................................................... 83
39. Notification and Claim for Change of
Contract Time or Contract Price ..........................................................89
40. No Damages for Delay..........................................................................89
41. Excusable Delay; Compensable;
Non-Compensable.. ....... .................................. ........ ........ .............. ........90
42. Substantial Completion .........................................................................91
43. No Interest ............................................................................................... 91
44. Shop Drawings ....................................................................................... 92
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 5
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
03000.
04000.
05000.
06000
BID NO: 10-02103
DATE: 04/08/03
TABLE OF CONTENTS
(Continued)
45. Assignment...................................... ................................................ ........93
46. Safety and Protection ............................................................................ 94
47. Final Bill of Materials .............................................................................. 95
48. Payment by City for Tests ..................................................................... 95
49. Project Sign .............................................................................................95
50. Hurricane Precautions ........................................................................... 95
51. Cleaning Up; City's Right to Clean Up ................................................96
52. Removal of Equipment .......................................................................... 96
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act..................................................... 96
54. Project Records ...................................................................................... 97
SUPPLEMENTARY CONDITIONS .................................................................98
ADDITIONAL ARTICLES ................................................................................1 07
1. Prevailing Wage Rate Ordinance ......................................................107
2. Federal Grant Projects ........................................................................107
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................108
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT) .....................................................................................109
CERTIFICATE OF SUBSTANTIAL COMPLETION....................................110
FINAL CERTIFICATE OF PAYMENT...........................................................112
FORM OF FINAL RECEIPT ...........................................................................113
DRAWINGS INDEX .........................................................................................115
ADDENDA AND MODIFICATIONS ...............................................................124
TECHNICAL SPECIFICATIONS ...................................................................128
BID PROPOSAL FORM ..................................................................................132
ACKNOWLEDGEMENT OF ADDENDA ......................................................136
CUSTOMER REFERENCE LISTING ...........................................................137
ORDINANCES; LOBBYIST, CONE OF SILENCE, DEBARMENT, CODE
OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD .........142
CITY OF MIAMI BEACH
6
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. 10-02/03
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 16th day of May 2003 for:
WATER AND WASTEWATER PUMP STATION UPGRADE
(RE-PROCUREMENT)
Scope of Work: The work specified in this bid consists of major renovations to and
upgrades at water and wastewater pump stations throughout the City service area. The
project was initiated by another contractor and is approximately 35% complete overall.
The level of completion varies at each pump station. Furthermore several new electrical
generator buildings and a new system wide SCADA system have been reveloped to
varying degrees of completion.
Estimated Budget: $10-15 Million
Should the City not have the available funds for the Lump Sum Grand Total, the City
reserves the right/option to allocate new funds or Value Engineer the project to fall
within the City's budget amount.
Minimum Requirements: General Contractor must have satisfactorily completed at
least three projects associated with water and/or wastewater pumping stations or
treatment plants in excess of $5 Million in construction each, in the last five years.
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 Pre-Bid Conference will be held at 10:00 a.m. on April 23, 2003 at the City of
Miami Beach City Hall, First Floor Conference Room, located at 1700 Convention
Center Drive, Miami Beach, FL 33139. Site visits to water and wastewater pump
stations throughout the City will be scheduled at this Pre-Bid Conference.
Attendance at the Pre-bid Conference is MANDATORY.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
7
Bid Guarantv: A Bid Bond of 5% will be required with the bid. The successful bidder
will be required to furnish Performance and Payment Bonds, each in the amount of one
hundred (100%) percent of the Contract amount.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writing by mail or facsimile to the Procurement Department, 1700 Convention Center
Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be
referenced on all correspondence. All questions must be received no later than ten (10)
calendar days prior to the scheduled Bid opening date. All responses to
questions/clarifications will be sent to all prospective bidders in the form of an
addendum. The City of Miami Beach reserves the right to accept any proposal or bid
deemed to be in the best interest of the City of Miami Beach, or waive any informality in
any proposal or bid. The City of Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, .. IN ACCORDANCE WITH ORDINANCE NO. 99-3378. A
COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE
FILED WITH THE CITY CLERK.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO
THE "CODE OF BUSINESS ETHICS" ("CODE"), IN ACCORDANCE WITH
RESOLUTION NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE
BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363.
YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE
CAMPAIGN FINANCE REFORM ORDINANCE NO. 2003-3389.
CITY OF MIAMI BEACH
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
8
CITY OF MIAMI
BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\'wNw.miamibeachft.gov
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
Bid No. 10-02/03
WATER AND WASTEWATER PUMP STATION UPGRADE
(RE-PROCUREMENT)
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 ANDIOR INDICATED:
_ Our company does not handle this type of product/service.
_ We cannot meet the specifications nor provide an alternate equal product.
______Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
_______OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid Q[ this completed form, may result in your company to
be removed from our vendors list.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
9
00100. GENERAL INSTRUCTIONS TO BIDDERS:
1. General: The following instructions and those set forth in Section 00300 herein
are given for the purpose of guiding Bidders in properly preparing their bids.
Such instructions have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions contained in
the instructions. Bidders shall note that various paragraphs within these bid
documents have a [ ] box which may be checked. If the box is checked, the
language is made a part of the bid documents and compliance therewith is
required of the Bidder; if the box is not checked, the language is not made a part
of the bid documents.
2. Scope of Work: The work specified in this bid consists of major renovations to
and upgrades at water and wastewater pump stations throughout the City service
area. The project was initiated by another contractor and is approximately 35%
complete overall. The level of completion varies at each pump station.
Furthermore several new electrical generator buildings and a new system wide
SCADA system have been developed to varying degrees of completion.
3. Location of Work: City-wide Pumps Stations.
4. Abbreviations and Svmbols: The abbreviations used throughout the Contract
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
10
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, cr corporation submitting a bid for this
Project, acting directly or through a duly authorized representative.
1.2. Change Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract is to be performed. In all respects hereunder,
City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.6. Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
1.7. Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
1.10. Contract Documents: The Project Manual including drawings (plans)
and specifications, the Notice for Bids, Addenda, if any, to the Project
Manual, the Bid Tender Form, the record of the award by the City
Commission, the Performance Bond and Payment Bond, the Notice of
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 11
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 have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.17. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 12
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 Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
1.21. Program Manager: N/A
1.22. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.23. Project Initiation Date: The date upon which the Contract Time
commences.
1.24. Project Manual: The official documents setting forth bidding information
and requirements; contract form, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the technical
specifications; and the plans and drawings of the Project.
1.25. Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.26. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.27. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial 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: 10-02103 CITY OF MIAMI BEACH
DATE: 04/08/03 13
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 pro\'ided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 14
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents of which
Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
2. Pre-Bid Interpretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bidding Documents. Written questions should be received no less
than ten (10) calendar days prior to the date of the opening of Bids. There shall
be no obligation on the part of City or the City's Procurement Director to respond
to questions received less than ten (10) calendar days prior to bid opening.
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
15
3. Submittinq Bids: All bids must be received in the Procurement Division, City of
Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida
33139, before the time and date specified for bid opening, enclosed in a sealed
envelope, legibly marked on the outside:
BID FOR: WATER AND WASTEWATER PUMP STATION UPGRADE
BID/CONTRACT NO.: 10-02/03
4. Printed Form of Bid: All bids must be made upon the blank BidlTender Form
included herein and must give the price in strict accordance with the instructions
thereon. The bid must be signed and acknowledged by the Bidder in accordance
with the directions on the bid form.
5. Bid Guaranty: All bids shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies
as specified in Section 5, General Conditions, or by cash, money order, certified
check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (United
States), in the amount of 5% of the Bid Amount, payable to City of Miami
Beach, Florida, and conditioned upon the successful Bidder executing the
Contract and providing the required 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: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
16
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: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
17
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the c1aims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as cranges 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 sign age.
14. Occupational Health and Safety, In compliance with Chapter 442, Florida
Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
14.1. The chemical name and the common name of the toxic substance.
14.2. The hazards or other risks in the use of the toxic substance, including:
14.2.1.
The potential for fire, explosion, corrosion, and reaction;
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
18
14.2.2.
The known acute and chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
14.2.3.
The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
14.5. A description in lay erms 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 ReQulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. "Or Equal" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or vendors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution is
permitted" because of form, fit, function and quality, any material, article, or
equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable
provided the materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
19
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344,
which establishes procedures for resulting protested bids and proposed
awards. Protest not timely pursuant to the requirements of Ordinance
No. 2002-3344 shall be barred.
18. Financial Stabilitv and Strenqth:
The bidder must be able to demonstrate a good record of performance and
have sufficient financial resources to ensure that they can satisfactorily
provide the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request.
Such statements should include, as a minimum, balance sheets (statements
of financial position) and statements of profit and loss (statement of net
income). When the bid submittal is from a Joint Venture, each
Bidder/Proposer involved in the Joint Venture must submit financial
statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an
ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or
dissolution proceeding, or if a trustee or receiver has been appointed over all
or a substantial portion of the property of the Bidder/Proposer under federal
bankruptcy law or any state insolvency, may be declared non-responsive.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
20
01000 ADDENDA AND MODIFICATIONS
POST BID AMENDMENT
(NEGOTIATED)
CITY OF MIAMI BEACH
WATER & W ASTEW A TER PUMP STATIONS UPGRADES
REPROCUREMENT
CITY BID NO. 10-02/03
AMENDMENT NO.4
February 2004
The BID/TENDER FORM submitted by Widell, Inc. on June 10,2003 is amended (to reflect
post-bid meetings and negotiations) and clarified as follows:
1. The Work is being awarded as a LUMP SUM, in accordance the Contract Documents and
the amended BID PROPOSAL FORM (pages 132 through 135), as noted and initialed.
The Grand Total CONTRACT PRICE is $17,352,615.00.
a. The CONTRACT PRICE excludes payment by the Contractor for eight Allen-Bradley
variable frequency drives that were delivered to the project, for which payment was
not applied by the original contractor.
b. The Scope of Work includes all the Base Bid items listed on the BID PROPOSAL
FORM, excluding Penn its Fees and all Alternate Bid Items.
c. Additional scope of work changes:
I. Fuel oil for emergency generator tanks and generator testing will be provided by
City.
2. Fuel piping at each station may be routed by Contractor abovegrade in lieu of
below grade, as shown on the drawings.
3. Deleted painting of all floors.
4. Deleted wetwell coating repair underlayment (restoration of eroded concrete prior
to application of specified coating). If concrete repair is required, it will be change
order eligible.
5. Builder's Risk Insurance (Article 7) is not required for below ground structures.
2. The Contractor understands that this is a completion contract that utilizes material and
equipment furnished by others, some of which has been partially installed. The balance is
in storage. No part of the original scope of work was completed or accepted by the
Owner. Accompanying the Bid Documents was a three-ring binder containing
"Infonnation Available to Bidders" (IAB).
9381-02\3/3/04
01000-1
c:\ specs AMENDMENT4b.doc
a. The Contractor may rely on the quantity of such Owner furnished material (OFM)
represented in the lAB. All other equipment and material required to complete the
project shall be provided by the Contractor.
b. The condition of such OFM should be considered in fair to good condition, some of
which may require rehabilitation. Minor cleaning, adjustment, and field repairs
without vendor assistance shall be considered an obligation of the Contractor. Major
rehabilitation work will be at additional cost to the City. The City shall decide
whether such major rehabilitation will be performed by the Contractor, or by others.
c. The Contractor understands that, with the exception ofOFM as indicated above, this
completion contract is being resumed "AS IS". The Contractor has relied upon the
OFM material inventory provided with the bid documents as information available.
As soon as possible after the first Notice to Proceed (NTP), however no later than 30
days after the first NTP, Contractor shall inventory the OFM and notify the City of
any shortages or discrepancies. No discrepancies alleged after 30 days after the first
NTP will be considered.
3. The Contractor shall use the field office complex located on Dickens Avenue, North of
73 rd Street.
a. One of the two existing trailers is for the Engineer's use. The other is for the
Contractor's use. Utilities and services to the two existing field office trailers have
been interrupted during the project hiatus. The Contractor shall re-establish all
required utilities and services no later then issuance of the Second Notice to Proceed
(NTP)
b. Any additional temporary facilities the Contractor may require shall be provided by
the Contractor.
c. Contactor shall assume responsibility for the trailers, including rental fees and
insurance. Rental fees incurred before the first NTP will be paid by the City.
d. At project completion, Contractor shall demobilize the construction field office
complex, including removal of all trailers, walkways, and cleanup.
4. Upon issuance of the first NTP, the Contractor shall assume responsibility for all OFM.
Contractor has the option to assume responsibility for on-going warehousing and storage
costs, or to relocate the OFM to another location. Warehouse leasing costs incurred
before the first NTP will be paid by the City.
5. Shop Drawings prepared by the original contractor may be used in this completion
contract. Generally, the Engineer has only one copy of shop drawings and therefore must
be photocopied for reuse in this project. The lAB contains a list of all available shop
drawings. Contractor shall notify which shop drawings it requests and shall reimburse the
Engineer for the reproduction costs (or pay third party reproduction companies).
6. All work (including the labor on the installation of OFM) shall be warranted for a period
of one year from the respective date of Owner acceptance (uninterrupted partial
utilization by the Owner) for each pump station.
9381-02\3/3/04
01000-2
c:\ specs AMENOMENT4b.doe
7. The Contractor shaIl coordinate and schedule all permanent power with FP&L.
a. Some ofthe sites will incur additional fees from FP&L for engineering and new
equipment. To expedite the project and avoid potential delays, the Contractor shall
pay the fees and charges imposed by FP&L. Such FP&L fees and charges (for
permanent facilities only), without markup by the Contractor, wiIl be reimbursed to
Contractor by the City. FP&L charges for temporary power and light is not
reimbursable.
b. City will pay for electrical power costs to maintain pumping at each wastewater pump
station, including during the periods of temporary by-pass pumping set up by
Contractor as required to modify each station.
8. The Contract Documents consist of the documents listed in the BID PROPOSAL,
addenda Nos. 1 through 3, and this Amendment No.4. Correspondence exchanged
between the Contractor, Owner, or Engineer after the date of bid (June 10,2003) were for
informational purposes only, were used in the spirit of negotiation, and are not Contract
Documents. ND exception, exclusion, or any other statements contained there in, shall
modify or have any effect on the Contract Scope, Contract Time, or Contract Price.
END OF AMENDMENT NO.4
9381-02\3/3/04
01000-3
c:\ specs AMENOMENTCb .doc
AMENDED PROPOSAL FEBRUARY 2004
(Pursuant to Amendment No.4)
00400. BIDtTENDER FORM:
Submitted: June 10 2003
-----------~-------------
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the Dnly persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the
opening of the bids, as acknowledged below; and that it has satisfied itself about the
Work to be performed; and that it has submitted the required Bid Guaranty; and all other
required information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to 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:
Water & Wastewater Pump Station Upgrade. Invitation to Bid No. 10;02/03
The Bidder also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total bid
price plus alternates, if any. and tD 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.
liD NO: 10-02103
DA TE: 04/08/03
CITY OF MIAMI BEACH
%1
,/
Initial
N/A
/~:J
Initial
Acknowledgment is hereby made Df the following addenda (identified by number)
received since issuance of the Project Manual:
1R. 2. and 3
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Attached is a Bid Bond ~Jq. Cash ( ], Money Order ( ], Unconditional Letter of Credit ( ],
Treasurer's Check ( ]. Bank Draft I ], Cashier's Check ( ], or Certified Check ( ]
No.________Bankof_______nL~_______________________________________fur
the sum of .!ive_..Perce!!.LQ.L~i.L__________________ Dollars
($ 5% ).
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder: _____ Wi.ll.eJl..._Inc.......-________________________________
City/State/Zip: ______~36 5_.?.!.! r 1 i n!LRo!,t1______________________________
Ft. lauderdale. Fl 33314
-------------------------------------------------------
Telephone No.: ____--1.9J_4j.2~Z.:0520 _______________________
Social Security
No. or Federal
I. D.No. :___.Ej.:.Q49 ~~~~_______
Dun and
Bradstreet No.:
---------------
(if applicable)
If a partnership. names and addresses of partners:
_________~J~__________________________________________________
-----------------------------------------------
---------------------------------------------------------------------
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
22
(Sian below if not incorporated)
j
(SiQn below if incorporated)
ATTEST:
h~12
Robert E. Hodges, ~~y
(CORPORATE SEAL)
----------------
(Type or Print Name of idder)
------------------ -----------------
(Signatur )
(Type or Print Name Sig ed Above)
Widell, Inc.
------------------------------------
(Type or Print Name of Corporation)
Director/President
-------------------------
(Signature and Title)
_K~it~_~~yjs!J~~_~irg~to~_President
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: _E.Lqrjj.-a________
E-ElECOTE
t;e!llllf-~ /
ATTEST
BID NO: IO.e2/03
DATE: 04/08/03
~4<::~-P
CITY OF MIAMI BEACH
23
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 al/ 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, Elee., & 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, permits and fees which may be required by
Miami-Dade County, the State of Florida, or other governmental
entities are not waveab/e."
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY
MIAMI-DADE COUNTY THE STATE OF FLORIDA, OR OTHER
GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE
LIST.
1. Occupational licenses from City of Miami Beach firms will be required to
be submitted within fifteen (15) days of notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065
Florida Statutes.
NOTE: a) If the contractor is a State of Florida Certified Contractor the
followinR will be required:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
NorE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND
CORPORATE CERTIFICATES WITH YOUR BID RESPONSE
aID NO: JO-02/03
DA TE: 04/08103
CITY OF MIAMI BEACH
24
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY
$25.00
[ ] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
___!~~~~~~~o_________________
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 38, Section 00540, to be considered
responsive.]
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: 10-0%/03
DA.TE: 04/08/03
CITY OF MIAMI BEACH
%5
//"
00410. 810 GUARANTY FORM I
UNCONDITIONAL LETT OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiring:
(Date)
We hereby authorize you to draw 0 __________________________________
(Bank, Issuer name)
at ___________________________ __________by order of and for the account
(branch address)
of__________________________ ----------------------------------
(contractor, a Iicant, customer)
up to an aggregate amount, in United Sta s Funds, of ___________________
available by your drafts at sight, accompani by:
\
\
Bid/Contract Number
1. A signed statement from the City Man ger of the City of Miami Beach, or his
authorized representative, that the dra ing is due to default in performance of
obligations on the part oC_________ ---------------
________________________ ______________agreed upon by and
(contractor, applicant, custome )
between City of Miami Beach, Florida a d_________________________
(contractor, applicant. customer)
pursuant to the Bid/Contract No. ____ __ for ___________________________.
. (name of project)
Drafts must be drawn and negotiated no ater than ______________________.
(expiration date)
Drafts mLSt bear the clause: "D n under Letter of Credit No.
------------------
of ________________________________________ dated__________.
(Bank name)
lID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
26
//~\.
.~
/
/
This Letter of Credit sets forth in full ter~ of our undertaking, and such undertaking
shall not in any way be modified, amendld, or amplified by reference to any documents.
instrument, or agreement referred to helein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any s ch reference shall not be deemed to incorporate
herein by reference any document. in trument, or agreement.
We hereby agree with the drawers, e dorsers, and bona fide holders of all drafts drawn
under and in compliance with the te s of this Letter of Credit that such drafts will be
duly honored upon presentation to the drawee.
The execution of the Contract and th submission of the required Performance and
Payment Guaranty and Insurance Certifi te by the ________________________
(contractor, applicant, customer)
shall be a release of all obligations. \
This Letter of Credit is subject to the "uniform\~ustoms and Practice for Documentary
Credits," International Chamber of Commerce ('\993 revision), Publication No. 500 and
to the provisions Df Florida law. If a conflict betw~en 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 countr)( and Florida law should arise, Florida
law shall prevail. I
--1---------------------
) Authorized Signature
/
/
BID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
27
00500. SUPPLEMENT TO BIOffENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
Lice nse/Certification/RegistratiDn
_~E-f~q~!J_~_________________
# Years
9
-----------------------------
-----------------------------
1A. What business are you in? -Con~j:r.Yi;t;.Q!L.:._~~'lIlf_cl.Lf2EJrac.:!:or
2. What is the last project of this nature that you have completed?
--__EI~!~ee3_~~S~~E_1;st;~ of ~rDj~S~~_______________________
---------------------------------------------------------___--__0
3. Have you ever failed to complete any work awarded to you? If so, where and
why?
--_-D2i_flL~_____________________________________________________
----------------------------------------------------------------"
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety
has intervened to assist in completion of the project, whether or not a claim was
made.
-----~~---------------------------------------------------------
.
1m NO: 10-02103
D4 TE: 04/08/03
CITY OF MIAMI BEACH
28
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work:
4.1. ____-_Je~2jj~bced_Eroje~~_~~___________________________
(name) (address) (phone #)
4.2.
(name)
------------------------------
(address)
(phone #)
4.3.
---------------------------------------------------------
(name)
(address)
(phone #)
5. List the following information conceming all contracts in progress as of the date of
submission of this bid. (In case of co-venture. list the information for aU
co-venturers.)
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTRACT
%OF
COMPLETION
TO DATE
NAME OF
PROJECT
Please see attached project list
-----------------------------------------------------------------
-------------------------------------------------
---------------------------------------------
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
__~~L_____________________________________
----------------
---------
--------------------------------------"
7. Will you subcontract any part of this work? If so, give details including a fist 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. /)
Edwa!ds u.ectrJ.E-=..Q~~!!:.~~!L__ ~_~_~q~_______
..?El!.!.!!l~~Q.J:i!..Lru:in.fL.:_Pai~ting - % ~___~~___ ___
_t;~~?fJ~..c_~~){ -+,-1~~ 1;J~_~__~__~_~ V// C____.
am NO: 10.0%103
DATE: 04'08103
CITY OF MIAMI BEACH
Z9
UPDATE
~
The foregoing list of subcontractor{s) may not be amended after award of the
Contract without the prior written approva' Df the Contract Administrator, whose
approval shall not be unreasonably withheld.
B. What equipment do you own that is available for the work?
P1ease see attached equipment list
----------------------------------------------------------------
----------------------------------------------------------------
----------------------------------------------------------------
-----------------------------------------------------------------
9. What equipment will you purchase for the proposed work?
Widell, Inc. owns or shall rent and/Dr 1ease a11 equipment
----------------------------------------------------------------
required to comp1ete this project.
----------------------------------------------------------------
----------------------------------------------------------------
----------------------------------------------------------------.
10. What equipment will you rent for the proposed work?
---- Wig~llL-rns...__"!'.!l.?_2.!:_~~~D..J:.E;..'2..!.3nd/o~_~~~~e a 11 equi pment
---
---r~g~ir~~_t~s~melet~!~!!_~~Oj~~~_______________________
----------------------------------------------
----------------------------------------------.
11. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work.
P1ease see attached resumes
----------------------------------------------------------------
-----------------------------------
----------------------------------------------------------------
BID NO: 10-02/03
DATE: 04/01/03
-----------------------------------------------
CITY OF MIAMI BEACH
30
12. State the true, exact, correct and complete rame of the partnership, corporation
or trade name under which you do business and the address of the prace 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;s Wi de 11. Inc.
------------------------------.
12.2
The business ;s a (Sole Proprietorship) (Partnership) (Corporation).
---____Cor~~I~Jj2n________________________________________.
12.3 The address of principal place of business is
-~~~~-~~!!JJ-~-BEad~f~~~_~~~~~j~J~2_f~_3331~_____________.
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as fofbws:
Keith A. Pickle, Director/President
----------------------------------------------------------
William J. McDevitt, 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.
-------WiQ~ll~_~~~~j~~~_lD~L____________________________
----------------------------------------------------------
----------------------------------------------------------
---------------------------------------------------------.
.m NO: 10-01/03
DATE: "'01103
CITY OF MIAMI BEACH
31
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the dispositiDn 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).
n/a
-------------------------------------------
--------------------------------------------
----------------------------------------------------------
----------------------------------------------
12.8 List aU claims, arbitrations, administrative hearings and lawsuits brought
by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project over which the
dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
n/a
---------------------------------------------------------
---------------------------------------------------------
-----------------------------------------
----------------------------------------
.m NO: 10-412/03
DAn: ''''01183
CITY OF MIAMI BEACH
32
12.9. List and describe all criminal proceedings or hearings concerning
business related offenses in which the Bidder. its principals or officers or
predecessor organization(s) were defendants.
n/a
---------------------------------------------------------
---------------------------------------------------------
---------------------------------------------------------
----------------------------------------------------------
12.10. Has the Bidder, its principals. officers or predecessor organization(s)
been debarred Dr suspended from bidding by any government during the
last five (5) years? If yes, provide details.
---____rrQL_~~________________________________________
--------------------------------------------------------
--------------------------------------------------------
---------------------------------------------------------
12.11. Under what conditions does the Bidder request Change Orders.
_______~ha ~~Jl.r.9~r.L~!:~_!:.~<1I!~~ted w.lJ~.!'~_1~gl!:!.~L____
_______~~~_~~~~peces~!rl~_______________________________
--------------------------------------------------------
-------------------------------------------------___--__0
12.12 You must provide the names of all individuals or entities (including your
sub-consultants) with a controlling financial interest. The term "controlling
financial interest" shall mean the ownership. directly or indirectly, of 10%
or more of the outstanding capital stock in any corporation or a direct or
indirect interest of 10% or more in a firm. The term "firm" shall mean any
corporation, partnership, business trust or any legal entity other than a
natural person.
------------------------------------------------------
--------~eJj~~~_fl~~~~~~~!lJJJj~~~~_~~~~~~~~_________
am NO: lI-G2I0J
DATE: .41..103
CITY OF MIAMI BEACH
33
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A31 0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
WIDELL, INC.
5365 STIRLING ROAD FT. LAUDERDALE, FL 33314
(Here inseT1 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 06lt5
a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the Surety, are held and
finnly bound unto CITY OF MIAMI BEACH, FLORIDA
PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI, FL33139
(Here insert full name ,and address or legallitle orOwner)
as Obligee, hereinafter called the Obligee, in the sum of ------Five Percent of Amount Bid----------Dollars ($--- 5% 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
WATER AND WASTEWATER PUMP STATION UPGRADE, INVITATION TO BID NO.: 10-02/03.
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall 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 perfonnance 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 tne
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and ~'.uch
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bi.a then (his
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 10th day of June, 2003.
(Seal)
Director/President
(Title) Ke i
~~~
(Witness)
(Title) Attorney-in-Fact and
AlA DOCUMENT A310 BID BOND AIA@ FEBRUARY 1970 ED THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 NY. AVE., N.W. WASHINGTON, D.C. 20006
WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
1
HRH ot Sarasota
6771 Pr,SaOfeSSional Parkway West
rasota, FL 34240
941-554-3140
POWER OF ATTORNEY
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
m
m
m
o
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 their 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 surely(ies)
only as delineated above by !:8J, 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 Ct. ~
~}?f~
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, State 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.
r~/~~~
Notary Public
My Commission Ex.pires June 3D, 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 June 10, 2003.
Signed and sealed at the City of Hartford.
~~
Colleen Mastroianni. Assistant Vice President
12.13 Individuals or entities (including our sub-consultants) with a controlling
financial interest: ______have _-U.___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.
nfa
----------------------------------------------------------
----------------------------------------------------------
Address
WITNESS:
Signature
By:______ ________________________
General Pa ner
----------------------
WITNESS:
--~- -
Sivru~-
Jane" L.,Guenther
------------------------
Print Name Address
IF CORPORATION:
Widell, Inc.
-------------------------------
Print Name of Corporation
5365 Stirling Read
Fort lauderdale, Fl 33314
-------------------------------
B~~~--------------__
President Keith A. Pickle
(CORPORA TE SEAL)
Attest: _ 4~~ ~.L_____Secretary
itti-~E. Hedger-=--"""
BID NO: 10-02/03
DATE: 04/08/03
CITV OF MIAMI BEACH
34
00520.
SUPPLEMENT TO B/DITENDER FORM
NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this _J.9J:.!l_ day of -__.z.I!.'l.~________________, 2003.
The undersigned, as Bidder, declares that the only persons interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states that this Bid is based upon the documents identified by the fOllOWing
number: Bid NO.1 0-02/03.
~~-::-./
SIGNATURE
Keith A. Pi ckl e
------------------------------------
PRINTED NAME
Director/President
------------------------------------
TITLE (IF CORPORATION)
BID NO: 10-02103 CITY OF MIAMI BEACH
DATE: 04/08/03 35
00530. SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICA TfON
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 violatiDns
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: 10.02103
DATE: 04/08/03
CITY OF MIAMI BEACH
36
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort tD maintain a drug-free workplace program through
implementation of sLbparagraphs(1) through (6).
--V-Y:______
(Bidder Signature)
STATE OF ___ElorLcLa________
COUNTY OF _~.!:~~~rd ________
Keith A. Pickle. Director/President
---------------------------
(Print Vendor Name)
The foregoing instrument was acknowledged before me this lQ.tlL day of
_J~~~___________,20_Q.~.by--~git~~~yic~J~___________________________as
(name of person whose signature is being notarized)
_Di!:.~~tqr.fl'r~~i.Qg!lL___ (title) of __~iQgll.1._I..I!.c;.,.,_______________,
(name of corporation/compa'Wrsona 11y
known to me to be the person described herein, or who produced _.!SD.Q~!l______ as
identification, and who did/did not take an oath.
NOTARY PUBLIC:
_at~1f~A(JiirLL
(S)tiature)
Jane L. Guenther
-------------------------
(Print Name)
NOTARY PUBLIC - STATE OF FLORIDA
JANE L. GUENTHER
, Commission l'io. CCB33052 ~
My Commission Expires July 31. 2003
My commission expires:__.2L~lj03 ____
BID NO: 10-02103
DA TE: 04/01/03
CITY OF MIAMI BEACH
37
00540. SUPPLEMENT TO 81DITENDER 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 OccupatiDnal Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1 926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Unit
Quantity
Price
Unit
Price
Extended
Method
__~~_ha~t_______ _If____
_-7J9_0_____ _jJ~____ _1Z~~~~___ _________
---------
--------
Total $l...J~.QQ__
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
38
IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE-
THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
Widell, Inc.
Name ofBidU------
----~----------------------
Authorized Signature of Bidder
Keith A. Pickle, Director/President
-COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS, I.e.. DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE,
EXTENDED, AND METHOD.
BID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
39
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
N/A
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
40
00600. CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and
__~_L~llL.lnc '-_______________________________, hereinafter referred to as
CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within fifteen (15) calendar days of the issuance of the first
Notice to Proceed.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 41
2.2 Time is of the essence throughout this Contract. The work shall be substantially
completed within four hundred fifty (450) calendar days from the issuance of
the second Notice to Proceed, 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 One-Thousand-Four-Hundred Dollars ($1,400.00) for
each calendar day after the time specified in Section 2.2 above, plus any
approved time extensions, for Substantial Completion. After Substantial
Completion should CONTRACTOR fail to complete the remaining work within the
time specified in Section 2.2 above, plus approved time extensions thereof, for
completion and readiness for final payment, CONTRACTOR shall pay to CITY
the sum of Five-Hundred Dollars ($500.00) for each calendar day after the time
specified in Section 2.2 above, plus any approved extensions, for completion and
readiness for final payment. These amounts are not penalties but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of
the Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
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: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
42
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 rmde at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[X] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs. including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
43
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days after approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
44
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 tJlI 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: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
45
6.2 Where there is a conflict between any provIsion set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entitv Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
BID NO: 10-02103
DATE: 04108/03
CITY OF MIAMI BEACH
46
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.
AttQ~_~_Kei~Y~~--
~J~~_~tjlJing-R~~~_______
f!~'=-~l!9.!!i~~l~-I'=-~]l~__
6.7 Assiqnment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
47
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 AQreements
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 sha II be predicated upon any prior
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
48
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
~r~~
Robert Parcher, City Clerk
MIAMI BEACH, FLORIDA
DBF MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below]
DESIGN/BUILD FIRM
Lt1.1fIft
Robert E. Hodges
By:
ATTEST:
(Corporate Seal)
Keith A. Pickle. Vice President
(Print Name and Title)
_day of
,20_
[If not incorporated sign below]
DESIGN/BUILD FIRM
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
day of
,20_
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
BID NO: 22-02/03
DATE: 03/18/02
CITY OF MIAMI BEACH
49
&r- .s1illL
Date
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 10-02103
DATE: 04108/03
CITY OF MIAMI BEACH
50
.J.+~
. :r~<~f .
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MARSH
,.:':.;i''''i:..;?:....~ .~,:~s"'~, ..."
CERTIFICATE NUMBER
LOS-000407867-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES 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
20346-11-11-2003
COMPANIES AFFORDING COVERAGE
Widell, Inc.
5365 Stirling Road
Ft. Lauderdale, FL 33314
COMPANY
A Zurich-American Insurance Company
COMPANY
B National Union Fire Insurance Company of PA
COMPANY
C N/A
IN SURED
COMPANY
o
s\i:J./jlj,~IiN~\$i1d''iiJi1l!~~ijy.~i8~y(li$u~~~cal.'i\:ihIlUtPollp~d:.ii~b8lcii\t".':.'' ~ .': ~ J ';
THIS IS TO CERTIFY OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISsueD OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONomONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LNITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLANS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDIYYI DATE (MM/DDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $ 4.000,000
A COMMERCIAL GENERAL UABILI1Y GL03876089-02 02/28/04 02/28/05 PROOUCTS - COM PlOP AGG $ 2,000,000
CLAJMS MADE ~ OCCUR PERSONAL & AOV INJURY $ 1,000.000
OWNER'S & CONTRAC"lOR'S PROT $ 1.000.000
$ N/A
$ N/A
COMBINED SINGLE LIMIT $ 2.000.000
A BAP3676090-02 02/28/04 02/28/05
BODILY INJURY $
(Per p8ftlon)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY:
AGGREGATE
EACH OCCURRENCE
B BE5683740 02128/04 02128/05 AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIE"lORi INCl EL DISEASE.POLlCY LIMIT
PARTNERS~ECUTlVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE
T
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESfSPECIAL ITEMS
Re: Water and Wastewater Pump Station Upgrade. Project ITB No. 10-02103.
performed by the Named Insured for the referenced project.
The certificate holder is named as Additional Insured as respects work
City of Miami Beach. Florida
1700 Convention Center Drive
Miami Beach. FL 33139
SHOULD ANY Of THE POlICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WLl ENDEAVOR TO MAIL __-34 DAYS WRlnEN NOTICE TO THE
CERTIFICATE HOLDER NAMEO HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHAlL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KINO UPON THE INSURER AFFOROING CO\lERAGE.ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE
MARSH USA INC.
ey: Stephen Flynn
....~
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY)
R9V-02SD 12/12/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SRM Insurance Bro~er.ie 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 Southe..t
Selective HR Solution., Inc. Selective In. Co of Amerie.
L/C/P Widell, Inc. INSURER B:
6920 Prof...ional Parkway Baet INSURER C:
Sara.ata. PL 34240 INSURER 0:
941 755-4634 ext 191 fax 941-756-4724
INSURERE:
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..~~'; TVP'n.'u.'_'u~. POLICY EFFECTIVE POUCY EXPIRATION LIMITS
LTR POLICY NUMBER
...5!!NERAL UABILlTY EACH OCCURRENCE S
COMMERCIAL GENERAl LIABILITY PREMISES ;'E~~~~c;~t:e} S
J CLAIMS MADE D OCCUR MED e:xp (Anyone person) S
- F'ERSONAl & ADV IN.AJRY S
- GENERAL AGGREGATE S
~N'lAGG~EnIUMIT APnPER: PRODUCTS - COMPIOP AGG S
POLICY ~~g: lOC
~TOMOBILE UABIUTY COMBINED StNGLE LIMIT $
ANY AlITD (Ea acddent)
-
- All OWNED AUTOS BODILY INJURY S
SCHEDULED AVTOS (Per person)
-
- HIRED AUTOS BODilY INJURY S
NON-OWNED AUTOS (Per .cx:ident)
- .
- PROPERlY DAMAGE S
(Per aa:idenl)
RGE LIABIUTY AUTO ONLY. EA ACCIDENT S
ANY AUTO OTHER THAN EAACC S
AVTOONlY: AGG S
:5ESSlUMBREl.LA LIABILITY EACH OCCURRENCE S
OCCUR D CLAIMS MADE AGGREGATE S
S
~ OEDUCTI8LE S
RETENTION S S
A WORKERS COMPENSATION AND WC7920573 01/01/2004 01/01/2005 X I T~~~m~S I IOJ~.
B EMPLOYERS. LlABlUTY WC7920572 E.l. EACH ACCIDENT S 1,000.000
ANY PROPRIETOR/PARTNER/EXECUTIVE 1,000,000
OFFICERlMEMBER EXCLUDED? E.l. DISEASE- EAEMPLOYEE S
~~~~~~~O~rg~NS betlM E.l. DISEASE. POLICY LIMIT S 1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TIiE EXPIRATION
DATE THEREOF, .THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ OA VS WRITTEN
NOTICE TO THE CERTifiCATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Widell. Inc. AUTHORIZED REPRESENTATIVE e~ 1Jr.~,ffi'
5365 St-irling Roacl
Pt. Lauderd.ale FL 33314
ACORD 25 (2001/08)
@ACORDCORPORATION1988
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. '" . ". . , - .. .
THIS IS' ~DI!~~ 'TtlAT INSUf'lANCi ASIOmrll'IIEO eELOW HAS BI!EN ISSUED, IS IN FORCE, AND CONVEVS All THE
RIGHT$ AND P"'IVlLEGES AFFOFlOED UNOER THe PCllICY. ..." _.n -----.-.. .~-
PIIODilep---' "'rfi'1~:L "9:9.1 554":'3'i4'O COMioMv
HlUl of Sout.h.wes or 'dB. ... -... JU;ch Specialty Insurance C:otnpiLnY
6771 Professional Parkway west c/o Swett & Crawfo~a
Suite 101 18167 US HWY. 19 N., Suite 330
Sarasot.a, FL 34:240 Clearwat.er, FL 33764
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32ESP367i)5-00
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various Location6 per attached Schedule of Locations
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COV6Ajl~IAl\MiDAMS
.RiMaUttci ClncJjxonll'~rat COroI'~ ,.<:.. . ','.' : ',-: . '. (,. .;;, :.
Wind, flood and earthquake are excluded perils.
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lliE POLlCV IS SUBJECT TO THE PREMIUMS, FeRMi, ANOEluLe.S 'IN EFfB:1' 'OR ~ POUCV P~IOO. SHOlIW THE
POLICY Be TERMlNAll:O, THE COMPANY WILL GIVE lliE Al)omoNAL INTEfl~T IDIlNTIFIED' BE\.OW ~ 0 MYEl
WRITTEN NoncE, ANO WILL SEND NOTIFICA,'ON OF. ANY CHANGES TO lliE POUCY lliAT WOULD APFEOT THAT
. I EST IN ACCORDANce WlTIi e POUCV PROVISIONS A AS R IAeD BY I.A .
ADDmONAI.'~' . "'.'. .,.,' . : .. '
Cit~:flll~iami Beach . ~T~"ll . I..19A~~IT~lIl~"Eg
1700 Convention Center Drive ~!~A~~1.. m____'
Mi.ami, FL JJU51
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TOTf:l.. P.04
Public Work
F.S. Chapter 255.05 (1)(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.:
24017648
CONTRACTOR NAME:
Widen, Inc.
CONTRACTOR ADDRESS:
5365 Stirling Road
Ft. 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 Beacb FL
OWNER ADDRESS:
1700 Convention Center Drive
Miami Beacb FL 33139
OWNER PHONE NO.:
305-673-7495
OBUGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBUGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
$17,352,615.00
CONTRACT NO.: (If applicable)
ITB No. 10-02/03
DESCRIPTION OF WORK:
Water and Wastewater Pump Station Upgrade
PROJECT LOCATION:
Several locations tbrou2bout the City of Miami Beacb FL
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon,
THE ATTACHED COVER PAGE AND TERRORISM RIDER FORMS AND BECOMES A PART OF THIS BOND,
Bond No. 24017648, executed in 5 counterparts
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We _~i~..!!, Inc'-______________, as
Principal, hereinafter called CONTRACTOR, and
~bert~ Mutual Insurance Company , as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Seventeen Million, Three Hundred FiftyTwo
ItlQllii~~.J::IJ..llldr.ll.d..f.ll:lafllli\JlQL1Q(L Dollars ($!.7,35s615.0QJ 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.: 10-02/03 awarded the __12th _ day of
__lJIar~I:!..______, 20 04_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
~at~3!1.!L~~~ewa~r P!!~p St~ion U..egrade___________, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
BID NO: 10~2103
DATE: 04/08/03
CITY OF MIAMI BEACH
51
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 ads 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 cDmpletion 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 Df 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: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
52
FORM OF PERFORMANCE BOND
(Continued)
WITN~E~~d,.,2:
--g~4~~
~retary /7
Widell,.!!1s~__________
(Name of Corporation
By:
(CORPORATE SEAL)
~i "t:!1_'p--=_'pj.f!.!~..L Vi ce Pres i dent
(Print Name and Title)
IN THE PRESENCE OF:
INSURANCE COMPANY: Liberty Mutual Ins. Co.
\.P. . J '. /II. ~
~---------------
~-~-
~~.~.
--------------------~
By: ~"O'<<:~H,')~hMfit~
Agent and Attorney-i n- act Patricia L. Slaughter
Florida Surety Bonds. Inc.
Address: 417 Centeroointe Circle, Suite 1701
(Street)
Altamonte SJ?!i!!.9..s FL 32701
(City/State/Zip Code)
Telephone No.: JiQ.~E~6-71Z~__
J~
~
.Hn Cl'arltcn - FL R:si.drl: JIqent
M:l:t:s::n-OBrltcn aret:y Q:(q:>
770 S, Dixie HNy, &rite 101
Cb:al. GIb1es F1 33146
(305) 662-3852
Li.c:erBa NJ, AD45502
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
53
THE ATTACHED COVER PAGE AND TERRORISM RIDER FORM AND BECOME A PART OF THIS BOND.
Bond No, 24017648, executed in 5 counterparts
00720. FORM OF PAYMENT BOND
BY THIS BOND, We _ Widell, Inc. ______________' as
Principal, hereinafter called CONTRACTOR, and
!:!!?~!:!Y.~.!!!.~.L!!l1~l!.!!~~gom.Q~__Y______, as Surety, are bound to the City of Miami
Beach, Florid~ as Obliqee.... hereinafter called CITY, in the amount of
Seventeen Million, I nree Hundred Fifty I wo
I!!ou~.!!Q'-~!5.l:IJlndI!lQfl~~.!!~d2.QL1 0Q..__ Dollars ($1Z.352,6.!~,OO _) 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.: jO-02/~___, awarded the __.!.~!!__ day of
__~l!I"Et!.___________, 20_Q.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. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 10-02103 CITY OF MIAMI BEACH
DATE: 04108/03 S4
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privily 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 tD 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 Surely 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 Surely's
obligation under this Bond,
Signed and sealed this _____ day of __________________, 20___.
CONTRACTOR
ATTEST:
~~~----
(Secretary) ./
By:
(Corporate Seal)
I$.eith 1l=-_Pi~E~.!.....-Vi~'=_~r:~~~dent
(Print Name and Title)
_2.L day of __ Ma.!:f.L___, 20~!_.
BID NO: 10-02/03
DATE: 04108/03
CITY OF MIAMI BEACH
55
IN THE PRESENCE OF:
INSURANCE COMPANY: Liberty Mutual Ins. Co,
~..J. )1/.~
-iZ~~--------------
_~-bRlI.NlL .~
___~o-- ,,^. ~pl'(~\.
By: d".h:~'._") ~~~
Agent and Attorne~cfp~tricia L. Slaughter
Florida Surety Bonds, Inc.
Address: 417 Centerpointe Circle, Suite 1701
(Street)
AltamqrlJ.e SQ.r!.1}f!!! FL 32701
(City/State/Zip Code)
Telephone No.: j~QIL?.8.&..:777L__
JcJk
~
,}jn <lm'ltm - EL Res:id:nt Ag:r1t
Mit:s::n-Qarltm &lrety <hq>
770 S. Dixie HNy, 9.lit:e 101
Cl:zal G3liles EL 33146
(305) 662-3852
I..i.c:a'I:E rh. 1\045502
BID NO: 10~2103
DATE: 04/08/03
CITY OF MIAMI BEACH
56
.'
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 "Acr). this disclosure notice is provided for surety bonds on
which one or more of the following compa1"lies 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 ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539
2/03
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
1086072
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the
extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:
That Liberty Mutual Insurance Company (the 'C;otllpany"), a Massachuselts mutual insurance: companl',p~rsual"lt loand by authority of the By-law and
Authorization hereinafter set forth. does hereby name, constitute and appoint JEFFREY W.fJEICH,SLJSANL REICH, TERESA L ROBINSON,
KIM E. NIV, LESLIE M. DONAHUE, PATRICIA L.$LAUGHTER,JOHN GREGORYMACKENZIE,AlL OF THE CITY OF
ALTAMONTE SPRINGS, STATE OF FLORIDA .......................................................................................................................
....................................................................................-..".....................;...'!"....................................................-.............................................
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, each individualiy if there be more than one n~med, its true and lawful attomey-in-laetto makjl,execute,sEl<il, acknowledge and deliver, lor and on its behalf as
sm~N~~lttftr1re~I15~ 1"NBnglfJ~~Wmra~.~~rj~.~cob~~~~Sa~oth~5,~,88~&~o.~t!rthe penal sury~~~~~C:~i~~e execution of such
undertakings, bonds, recognizances and Gther surety obligations, in pursuance 01 these presents, shall bjlas bimftngupon the Company as ilthey had been
duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority 01 the loliowing By-law and Authorization:
ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official 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 attomeys-in.fact, as may be necessary to act in behall 01 the company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-
fact, subject to the limllations set forth in their respective powers of attorney, shall have lull 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 lollowing instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-Iact:
LIBERTY MUTUAL INSURANCE COMPANY
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Pursuant to Article XVI, Section 5 of the By-laws. Timothy C, Mulloy, an official 01 Liberty Mutual Insurance Company, is hereby authorized to appoint
such attorneys-in-fact as may be necessary to act in behalf 01 the company to make, execute, seal, acknowledge and deliver as surety any and all
undertakings, bonds. recognizances and other surety obligations. All Powers 01 Attorney attested to or executed by Timothy C. Mulloy in his capacity
as an officer or official 01 Liberty Mutual Insurance Company, whether belore, on or alter the date of this Authorization, including without limitation
Powers 01 Attorney attested to or executed as Assistant Secretary 01 Liberty Mutual Insurance Company. are hereby ratilied and approved.
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 01 Attorney has been subscribed by an authorized officer or oftlcial of the Company and the corporate seal 01 Liberty
Mutual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsylvania this 9th day of August , 2002 .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF MONTGOMERY
On this 9th day 01 Auaust ...' 2002 ,befcrenie, a Notary Public, peJ'Sonafo/cameTimothv C, Mullov, to me known, and
acknowledged that he is an official of Liberty Mutual Insurance Company; thatheknows the seal 01 sair.j corporation; andJhat he executed the above Power 01
Attomey and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and aUhe direction of said corporation.
ss
BY~ ,. 0. MdA=
Timo C, Mull~ssistant Secre ry ~
untos\lllscribed myriame and affixed my notarial seal at PIYnJouth Meeting, Pennsylvania, on the day and year Ilrst
t/,; ~.
t~{)J;;fr3i Sed J
~ :,~:'J;;~'~,i~;,~~~,;~~~~'~~;~~
", j~liS'>i-9,_:_:_-C,?~))--~;;-tvtit.-_:;G-:-~2(!:J9-
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CERTIRCATE
;''',;'1',t."
I, the undersigned, rty MutUal Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on e of this certificate; and I do'further certify that the officer or offidal who executed the'said power of attorney was one of the officers or officials
specially authorized by the chairman or the president to appoint-attorneys.in-fact as provided In Article XVI, Section 5 of the By-laws of liberty Mutual Insurance Company.
This certificate and the above power of attorney may be sighed by facsimile Or mechanically reproduced signatures under a.nd 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'assistantsecretaryof the company, wherever appearing upon a certifted copy of any power of
attorney 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 manualty affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the c"'Porete seal of the said company. this
day of
~!J~iem~
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, _____.BQQ.~L~_1l2.9.9gL_________________, 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
-'~~i.t~~_E.i~~l~__________, who signed the Bond(s) on behalf of the Principal, was
then "yj.f.!U~!:.~~i<i~Il.L of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
_&€~~~ (SEAL)
Secrtfui; (on behal~":-'::::
_~i~~L~lD.f~__________
Corporation
STATE OF FLORIDA
COUNTY OF ~~~~lE
)
) SS
)
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared _____~~~!:.!_~_~~ll~~__________________ to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to
_M~_______________,20_D4_.
before me this ~L_ day of
~(!!iIAi(,iit---
My commission expires:
_____:i7~~~--------
by __\'!~~!.~.JI_jll.rg.1.L~Omp~L_
Bonded
J. L. Guenther
Notary.~b1ic - State of Florida
My CO~sIOn Expires July 31,2007
ComnussIOn No. DD232209
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
57
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No. _______________
Beneficiary:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on __________________________________
(Bank, Issuer name)
at____________________________________________________byorder
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of __________________ available
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
_________________ (contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and _____________ (contractor),
pursuant to the _____________ (applicant, customer) Bid/Contract No.
_____ for _______________ (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than _______________________.
(expiration date)
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
58
Drafts must bear the clause: "Drawn under Letter of Credit No._______________
(Number), of ______________________ (Bank name) dated _____________.
This Letter of Credit shall be rene\l\ed 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 0lJ" 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: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
59
00800. GENERAL CONDITIONS:
1. Proiect Manuat
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1,2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
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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
[Xl CPM
[ 1 Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGe) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
BID NO: 10-02103 CITY OF MIAMI BEACH
DATE: 04108/03 61
utility relocation, provided, however, neither CONSULTANT nor
CITY shall be responsible for the nonperformance by the utility
owners,
3.2, At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefor. The finalized schedule of
Shop Drawing sLbmissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
62
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: 10-02103
DATE: 04108/03
CITY OF MIAMI BEACH
63
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 Ratinos CateQorv
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
64
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: 10-02103 CITY OF MIAMI BEACH
DA TE: 04/08/03 6S
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] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7, Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 66
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
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1.
7.1.3.2.
7.1.3.3.
Owned Vehicles.
Hired and Non-Owned Vehicles.
Employers' Non-Ownership. (Not Applicable to this bid)
[ ] 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 CrrY.
Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded br 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.
[X] 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: 10-02103
DATE: 04108/03
CITY OF MIAMI BEACH
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7.1.5,1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restrictiol'}-- 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: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
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9. Rovalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits, Licenses and Impact Fees:
11.1, Except as otherwise provided within the 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: 10-02103
DATE: 04/08/03
CITY OF MIAMI BEACH
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12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination, The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
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13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT,
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to CONSULTANT. The superintendent shall not
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CITY OF MIAMI BEACH
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be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the .Project site, including representatives of the CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
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15. CITY's Riqht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
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15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed, No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riqht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assiqnment:
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. RiQhts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differinq Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of Final Completion.
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20. Plans and Workinq Drawinqs:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans, Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT in writing of all errors, omissions and discrepancies found therein
within three (3) calendar days of discovery. CONTRACTOR will not be allowed
to take advantage of any error, omission or discrepancy, as full instructions will
be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibilitv for Damaqes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warranty:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
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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 emplo)ed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[X] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than (ten) 10% percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
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and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
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29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other la nds 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 cpplicable 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 Enqineerinq:
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. ContinuinQ 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, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
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such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. 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 romplete 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 V\brk 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 Jl'"ovisions so
that they may be obtained, Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
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employed for services specifically related to the performance of
the work described in the Change Order.
38.2,5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, Equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38,2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of t.tilities, 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), gene ral managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
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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: 10-02103 CITY OF MIAMI BEACH
DATE: 04/08/03 87
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 separate Iy.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
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39. Notification and Claim for Chanqe of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal v.eather conditions or acts of
God.
40. No Damaqes for Delay:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: 10-02/03
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CITY OF MIAMI BEACH
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extensions of the Contract Time as the IDle and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delay; Compensable; Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caL5ed by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
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bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be ____N/A _ per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
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Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop DrawinQs:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within 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
relieve CONTRACTOR from responsibility for errors or omissions of any
sort on the Shop Drawings.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 92
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT alo ng with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field 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 Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 93
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 94
] 47 .Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment by CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CONTRACTOR and
performed by a testing firm chosen by CONSULTANT. For road construction
projects the procedure for making tests reqLired by CONSULTANT will be in
conformance with the most recent edition of the State of Florida, Department of
Transportation Standard Specifications for Road and Bridge Construction. The
cost of any required test which CONTRACTOR fails shall be paid for by
CONTRACTOR.
49. Proiect SiQn:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert 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.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 95
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
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 RiQht to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project. CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning lp, 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 fulfilli ng its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
BID NO: 10-02/03
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CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
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00900. SUPPLEMENTARY CONDITIONS:
These Supplementary Conditions amend or supplement the City of Miami Beach's
standard General Condition, Section 00800 as indicated below. All provisions which are
not so amended or supplemented remain in full force and effect.
1. Proiect Manual
At the end of Article 1.4, Project Manual, add the following paragraphs:
"1.5 The CONSULTANT for this project is:
Camp Dresser & McKee Inc. (CDM)
800 Brickell Ave
Suite 710
Miami, FI31313
The CONSULTANT will assume all duties and responsibilities and have the rights and
authority assigned to the CONSULTANT in the General and Supplementary Conditions.
In addition, CONSULTANT will perform the services of the "ENGINEER" as identified in
the technical specifications.
The CONSULTANT's Subconsultants are:
Zyscovich, Inc. - Architecture (whose structural subcontractors is Donnell, Duquesne
and Albaisa, P.A.)
Zurwelle, Whittaker, Inc. - Surveying
Wingerter Laboratories, Inc. - Geotechnical"
6. Indemnification
Amend the first sentence of Paragraph 6.1 as follows:
"The CONTRACTOR shall indemnify and hold harmless CITY (including its officers,
agents, directors, and employees) and CONSULTANT (including CONSULTANT's
Subconsultants, and their respective officers, 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".
13. Inspection of Work
At the end of Article 13, Inspection of Work, add the following paragraph:
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"13.4. CONSULTANT will furnish a Resident Project Representative (RPR) and
assistants to assist CONSULTANT in observing the performance of the Work.
The duties and responsibilities of the Resident Project Representative will be as
enumerated in a document entitled "Duties, Responsibilities and Limitations of
the Authority of Resident Project Representative", a copy of which is appended to
these Supplementary Conditions as Attachment One. In the event of conflict,
between the role of the Inspector and the Duties, Responsibilities, and
Limitations of Authority of the RPR, the latter shall prevail."
13.5. Overtime Inspection - Refer to paragraphs 14.6 and 14.7 of these Supplementary
Conditions for normal working hours and CONTRACTOR's obligation to pay for
overtime inspection required due to CONTRACTOR's activities outside of normal
working hours.
13.6. The City hereby reserves the right to provide additional inspector(s) and perform
additional inspection over and above the CONSULTANT's RPR. However,
communication between CONTRACTOR and CITY should only occur through
the CONSULTANT or CONSULTANT's RPR.
14. Superintendence and Supervision
Add new paragraphs immediately after Paragraph 14.5 of the General Conditions that
are to read as follows:
"14.6. Regular working hours are defined as eight hours per day, Monday through
Friday, excluding holidays, between the hours of 7:30 A.M. and 6:00 P.M.
Requests to work other than regular working hours shall be submitted to
CONSULTANT not less than three days before any proposed weekend work or
scheduled extended workweeks. Occasional unscheduled overtime on
weekdays may be permitted provided two hours notice is given to
CONSULTANT.
14. 7 CONTRACTOR shall reimburse the CITY for additional engineering and/or
inspection costs incurred as a result of overtime work in excess of the regular
working hours stipulated in Article SC 14.6. At the CITY's option, overtime costs
may either be deducted from the CONTRACTOR's monthly payment request or
deducted from the CONTRACTOR's retention before release of final payment.
Overtime costs for the CITY's personnel shall be based on the individual's
current overtime wage rate. Overtime costs for personnel employed by the
CONSULTANT or CITY's independent testing laboratory shall be calculated in
accordance with the terms of their respective contracts with the CITY."
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________i
20. Plans and WorkinQ DrawinQs
Insert the number "20.1" at the start of the first paragraph under Article 20, Plans and
Working Drawings. Add a new paragraph immediately after Paragraph 20.1, as follows:
"20.2 Working Drawings for any structure or improvement shall consist of such detail
plans as may be required for the prosecution of the Work and are not included in the
Contract Drawings furnished by the CONSULTANT. They should include shop
fabrication details, existing plans, installation plans, etc. See also Sections 01300 and
01730 for Submittals and O&M Manuals, respectively."
25. Defective Work
Add three new paragraphs immediately after Paragraph 25.4, as follows:
"25.5 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.
25.6 If the Work is defective, or CONTRACTOR fails to perform the Work in such a
way that the completed Work will conform to the Contract Documents, City may
order CONTRACTOR to stop the Work, or any portion thereof, until the cause for
such order has been eliminated; however, this right of CITY to stop the Work
shall not give rise to any duty on the part of CITY to exercise this right for the
benefit of CONTRACTOR or any surety of other party.
25.7 If the OWNER stops Work under Paragraph 13.10 CONTRACTOR shall be
entitled to no extension of Contract Time or increase in Contract Price."
31. LeQal Restrictions and Traffic Provisions
Insert the number "31.1" at the start of the first paragraph under Article 31, Legal
Restrictions and Traffic Provisions. Add a new paragraph immediately after Paragraph
31.1, as follows:
"31.2 Each and every provision of law and clause required by law to be inserted in
these Contract Documents shall be deemed to be inserted herein, and they shall
be read and enforced as though it were included herein, and if through mistake
or otherwise, any such provision is not inserted, or if not correctly inserted, then
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upon the application of either party, the Contract Documents shall forthwith be
physically amended to make such insertion."
42. Substantial Completion
Insert the number "42.1" at the start of the first paragraph under Article 42, Substantial
Completion. Add two new paragraphs after Paragraph 42.1, as follows:
"42.2 The nature of the project requires necessitates the CITY's acceptance of portions
of the Work as the various pump station modifications are completed. The intent
of this Article is that the OWNER will consider acceptance of portions of the Work
when physical work is essentially completed, excepting only those items of a
paperwork or closeout nature.
42.3 Use by the CITY of any substantially completed portion of the Work, which has
been identified in the Contract Documents, or which CITY, CONSULTANT, and
CONTRACTOR agree constitutes a separately functioning and usable part of the
Work that can be used by OWNER without any interference by CONTRACTOR's
performance of the remainder of the Work, may be accomplished prior to
Substantial Completion of all of the Work."
44. Shop Drawinas
In Paragraph 44.6, revise the first sentence to read as follows:
"44.6 CONSULTANT shall review and approve (or take other appropriate action in
respect of) shop drawings and samples and other data which the Contractor is
required to submit, for conformance with the Contract Documents and
compatibility with the design intent within 30 calendar days, unless otherwise
specified in the Technical Specifications."
After Paragraph 44.10, add the following paragraph:
"44.11 Refer to Section 01300 for additional Shop Drawing requirements."
48. Payment bv CITY for Tests
At the end of Paragraph "48. Payment by CITY for TESTS", add the following sentence:
"Expenses for testing for which the CITY will pay are limited to the professional services
of an independent laboratory. All expenses incurred by CONTRACTOR for its cwn
personnel and equipment necessary to prepare for, provided access to, and execute
required tests shall be considered part of CONTRACTOR's Work".
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CITY OF MIAMI BEACH
101
55. Costs for Temporary Services and Utilities
After Article "54 Project Records", add the following new article and paragraphs:
"55. Costs for Temporary Services and Utilities
55.1 CONTRACTOR shall make arrangements and pay for all temporary services and
utilities necessary for the execution of the Work, including services provided by
the CITY.
55.2 All water for testing, flushing and construction shall be furnished by the
CONTRACTOR. It may be available by connecting to the OWNER's water
system at a point approved by the OWNER. The OWNER shall charge the
CONTRACTOR for water used in performing the above functions in accordance
with the OWNER's established rate schedule. There shall be installed in each
connection to the OWNER's water supply a backflow preventer meeting the
requirements of ANSI A40.6, latest revision, at each connection. CONTRACTOR
shall be required to meter all water used. The cost for potable water is based
upon the fee schedule for sprinkler meters as currently in effect within the City of
Miami Beach."
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
102
ATTACHMENT ONE
DUTIES, RESPONSABILlTIES AND LIMITATIONS OF AUTHORITY
OF THE RESIDENT PROJECT REPRESENTATIVE
The duties and responsibilities of the RPR are limited to those of the Consultant in the
Consultant's agreement with the CITY and in the construction Contract Documents, and
are further limited and described as follows:
A. General
RPR is the Consultant's agent at the site, will act as directed by and under the
supervision of the Consultant, and will confer with the Consultant regarding the RPR's
actions. RPR's dealings in matters pertaining to the on-site work shall in general be
with the Consultant and the Contractor, keeping CITY advised as necessary. RPR's
dealings with subcontractors shall only be through or with the full knowledge and
approval of the Contractor. RPR shall generally communicate with CITY with the
knowledge of and under the direction of the Consultant.
B. Duties and Responsibilities of the RPR
The RPR shall have the following duties and responsibilities:
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals,
and schedule of values prepared by the Contractor and consult with the
Consultant concerning acceptability.
2. Conference and Meetings: Attend meeting with the Contractor, such as pre-
construction conferences, progress meetings, job conferences and other project-
related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as the Consultant's liaison with the Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of the Contract
Documents; and assist Consultant in serving as the CITY's liaison with the
Contractor when the Contractor's operations affect CITY's, on-site operations.
b. Assist in obtaining from the CITY additional details or information, when required
for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record the dates of receipt of Shop Drawings and Samples.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
103
b. Receive Samples which are furnished at the site by the Contractor, and notify the
Consultant of availability of Samples for examination.
c. Advise the Consultant and the Contractor of the commencement of any Work
requiring a Shop Drawing or Sample if the submittal has not been approved by
the Consultant.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist the Consultant in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to the Consultant whenever the RPR believes that any Work will not
produce a completed Project that conforms generally to the Contract Documents,
or will prejudice the integrity of the design concept of the completed Projects as a
functioning whole as indicated in the Contract Documents, or has been
damaged, or does not meet the requirements of any inspection, test or approval
required to be made; and advise the Consultant of Work that RPR believes
should be corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Verify that tests, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate personnel,
and that the Contractor maintains adequate records thereof; and observe, record
and report to Consultant appropriate details relative b the test procedures and
startups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
Consultant.
6. Interpretation of Contract Documents: Report to Consultant when clarifications
and interpretations of the Contract Documents are needed and transmit to the
Contractor clarifications and interpretations as issued by Consultant.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications
in Drawings or Specifications and report with RPR's recommendations to
Consultant. Transmit to Contractor in writing decisions as issued by Consultant.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Shop Drawings and Samples. reproductions of original Contract
Documents including all Work Changes, Addenda, Change Orders, Field Orders,
additional Drawings issued subsequent to the execution of the Contract,
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
104
Consultant's clarifications and interpretations of the Contract Documents,
progress reports, Shop Drawing submittals received from and delivered to
Contractor and other Project-related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's hours
on the job site, weather conditions, data relative to questions of Work Change
Directives, Change Orders or changed conditions, list of job site visitors, daily
activities, decisions, observation in general, and specific observations in more
detail as in the case of observing test procedures; and send copies to
Consultant.
c. Record names, addresses and telephone numbers of all Contractors,
subcontractors and major suppliers of materials, equipment.
9. Reports:
a. Furnish to Consultant periodic reports as required of progress of the Work and of
the Contractor's compliance with the progress schedule and schedule of Shop
Drawing and Sample submittals.
b. Consult with the Consultant in advance of scheduled major tests, inspections or
start of important phases of the Work.
c. Draft proposed Change Orders and Work Directive Changes, obtaining backup
material from Contractor and recommend to Consultant Change Orders, Work
Directive Changes, and Field Orders.
d. Report immediately to the Consultant and the CITY the occurrence of any
accident
10. Payment Requests: Review Applications for Payment with Contractor for
compliance with the established procedure for their submission and forward with
recommendations to Consultant, noting particularly the relationship of the
payment requested to the schedule of values, Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to Consultant for review and forwarding to the CITY prior to
final payment for the Work.
12. Completion:
a. Before Consultant issues a Certificate of Substantial Completion, submit to
Contractor a list of observed items requiring completion or correction.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
105
b. Observe whether Cortractor has had performed inspections required by laws,
rules, regulations, ordinances, codes, or orders applicable to the work, including
but not limited to those to be performed by public agencies having jurisdiction
over the work.
c. Conduct final inspections in the company of Consultant, CITY and Contractor
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on the final list have been completed or corrected and
make recommendations to Consultant concerning acceptance and issuance of
the Notice of Acceptability of the Work.
C. Limitations of Authoritv bv RPR
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or-equal" items), unless authorized by
Consultant.
2. Shall not exceed limitations of Consultant's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, Subcontractors or
Contractors superintendent.
4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawings or Sample submittals from anyone other that
Contractor.
7. Shall not authorize CITY to occupy the Project in whole or in part.
8. Participate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by Consultant.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
106
00920. ADDITIONAL ARTICLES:
[ ]
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 a ttached and made a part of this Project Manual.
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 107
00922. STATEMENT OF COMPLIANCE
PREVAILING WAGE RATE ORDINANCE NO. 94-2960
No.________--------------------
Project Title ---------------------
-------------------------
Contract No. -------------
The undersigned CONTRACTOR hereby swears under penalty of perjury that. during
the period covered by the appUcation 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 frtnge benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the appUcabie conditions of the Contract.
----------------------
(Contractor)
Dated __-----------' 20__-
--------------------
(Signature)
By:
By:
----------------
(Print Name and Title)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this - day of
~.20--.by~----------whOiS
personally known to me or who hes produced _______-~ as
identification and who did/did not take an oath.
)
) SS
)
WITNESS my hand and official seal, this ____-- day of -----------' 20__.
(NOTARY SEAL)
--------------------------
(Signature of person taking acknowledgment)
-----------------
(Name of officer taking acknowledgment)
(typed, printed or stamped)
-----------------
------------------
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
108
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
----------------------------
Contract No.
ProjectTitle ___________________
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits ha ve 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
)
) SS
)
COUNTY 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)
My commission expires:
(Serial number, if any)
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
109
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSULTANT:
TO (CITY):
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
NOTICE TO PROCEED DATE:
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 U>mp/etion 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
CONSUL T ANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
Occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
110
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
CONSULTANT
BY
DATE
In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct
the work on the list of items attached hereto within __________________ from the
above Date of Substantial Completion.
------------------ ------------------- -------
CONSULTANT BY DATE
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
_______________ (time) on ___________ (date).
City of Miami Beach, Florida
By Contract Administrator Date
------------------------------------------
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
III
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
CONSULTANT BY DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date).
City of Miami Beach, Florida
By Contract Administrator Date
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
112
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this ____ day of _______________, 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:\A TTOIAGURlAGREEMNT\frontendlstdfrm. frtend.fnl.doc
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
113
[If not incorporated sign below.]
WITNESSES:
F:IA TTOIAGURlAGREEMNl\frontendlstdfrm.frtend.fnl.doc
BID NO: 10-02/03
DATE: 04/08/03
CONTRACTOR
(Name of Firm)
By:
(Signature)
(Print Name and Title)
___ day of _________, 20_.
CITY OF MIAMI BEACH
114
[X] 00950. DRAWINGS INDEX:
The following Drawings Index constitute the drawings that form a part of the
Project Manual:
General
G-1 Index
G-2 Index
G-2A Index
G-3 Abbreviations
G-4 Symbols
G-5 Water and Wastewater Pump Station Location Plan
G-6 General Notes
Civil
C-1 Wastewater Pump Stations No. 15, 19 and 22 Demolition and
Modifications - Site Plans
C-2 Wastewater Pump Stations No.1, 24 and 27 Demolition and Modifications
- Site Plans
C-3 Wastewater Pump Station No. 10 and Belle Isle Water Booster Pump
Station - Demolition Site Plan
C-4 Wastewater Pump Station No. 10 and Belle Isle Water Booster Pump
Station Modifications - Site Plan
C-5 Wastewater Pump Station No. 11 - Demolition Site Plan
C-6 Wastewater Pump Station No. 11 Modifications - Site Plan
C-7 Wastewater Pump Station No. 11 Station and Electrical Generator
Building - Site Plan
C-8 41 st Street Water Booster Pump Station Modifications - Site Plan
C-9 Wastewater Pump Station No. 28 - Demolition - Site Plan
C-10 Wastewater Pump Station No. 28 Modifications - Site Plan
C-11 Wastewater Pump Station No. 29 - Demolition - Site Plan
C-12 Wastewater Pump Station No. 29 Modifications - Site Plan
C-13 Wastewater Pump Station No. 21, Normandy Water Booster Pump
Station, and Normandy Electrical Control Building Site Plan
C-13A Normandy Isle Electrical/Generator Building - Site Plan
C-14 Wastewater Pump Station No. 23 and 75th Street Water Injector Pump
Station Demolition and Modifications - Site Plan
C-15 Terminal Island Water Booster Pump Station and Pump Station No. 30 -
Site/Borings/Piping Plans
C-16 Pump Station No. 28 - Station Bypass Force Main
CD-1 Civil Details
CD-2 Civil Details
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
115
Architectural
A-1 Pump Station 10- Site and Roof Plans
A-2 Pump Station 10 - Floor Plan
A-3 Pump Station 10 - Elevations
A-4 Pump Station 29 - Site Plan
A-5 Pump Station 29 - Floor Plan
A-6 Pump Station 29 - Elevations
A-7 41st Street Pump Station - Site and Roof Plans
A-8 41 st Street Pump Station - Floor Plan
A-9 41st Street Pump Station - Elevations
A-10 41st Street Pump Station - Elevations
A-11 Pump Station 28 - Site and Roof Plans
A-12 Pump Station 28 - Floor Plan
A-13 Pump Station 28 - Elevations
A-14 75th Street Pump Stations - Site Plan
A-15 75th Street Pump Stations - Roof and Floor Plans
A-16 75th Street Pump Stations - Elevations
A-17 Normandy - Site and Roof Plans
A-18 Normandy - Floor Plan
A-19 Normandy - Elevations
A-20 Pump Station No.1 - Wall Sections
A-21 Details
A-22 Details
A-23 Door and Louver Types
A-31 Pump Station No. 11 - Site Plan
A-32 Pump Station No. 11 - Floor Plan
A-33 Pump Station No. 11 - Floor Plan
A-34 Pump Station No. 11 - Sections
Structural
[WWPS No. 10 Wastewater and Belle Isle Water Pump Stations
Electrical/Generator Building]
S-1 Pump Station No. 10 - Foundation Plan
S-2 Pump Station NO.1 0 - Roof Plan
S-3 Pump Station No. 10 - Schedule Plan
S-4 Pump Station No.1 0 - Section Plan
[WWPS No. 21 Wastewater and Normandy Isle Water Pump Stations
Electrical/Generator Building]
S-1 Normandy Isle Electrical/Generator Building - Foundation Plan
S-2 Normandy Isle Electrical/Generator Building - Roof Plan
S-3 Normandy Isle Electrical/Generator Building - Schedule Plan
S-4 Normandy Isle Electrical/Generator Building - Section Plan
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
116
[WWPS No. 28 Wastewater Pump Station Electrical/Generator Building)
S-1 Pump Station No. 28 - Foundation Plan
S-2 Pump Station No. 28 - Roof Plan
S-3 Pump Station No. 28 - Schedule Plan
S-4 Pump Station No. 28 - Section Plan
[WWPS No. 29 Wastewater Pump Station Electrical/Generator Building)
S-1 Pump Station No. 29 - Foundation Plan
S-2 Pump Station No. 29 - Roof Plan
S-3 Pump Station No. 29 - Schedule Plan
S-4 Pump Station No. 29 - Section Plan
[41 st Street Water Pump Stations Electrical/Generator Building]
S-1 41 st St. Pump Station - Foundation Plan
S-2 41 st St. Pump Statio n - Roof Plan
S-3 41 st St. Pump Station - Schedule Plan
S-4 41 st St. Pump Station - Section Plan
[WWPS No. 23 Wastewater and 75th Street Water Pump Stations
Electrical/Generator Building)
S-1 75th Street Pump Station - Foundation Plan
S-2 75th Street Pump Station - Roof Plan
S-3 75th Street Pump Station - Schedule Plan
S-4 75th Street Pump Station - Section Plan
S-1 Pump Station NO.1 - Plans and Sections
S-2 Pump Stations No. 15, 19 and 27 - Plans and Sections
S-3 Pump Stations No. 22 and 24 - Plans and Sections
S-4 Pump Stations No. 28 and 29 - Plans and Sections
S-5 Motor Access Walkways - Pump Stations No. 28 and 29 - Plans and
Sections
S-7 New Screen Chamber - Pump Station No. 28 - Plans and Sections
S-8 Pump Station No. 11 - Convention Center Modifications
S-9 Pump Station No. 11 - Convention Center Modifications
SD-1 Structural Details
SD-2 Structural Details
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
117
Mechanical
M-1 Typical Pump Room Modifications
M-2 Pump Station No. 1 - 11th Street and Jefferson Avenue - First Floor
Demolition and Modifications Plans
M-3 Pump Station NO.1 - 11th Street and Jefferson Avenue - Pump Room
Demolition Plan
M-4 Pump Station NO.1 - 11th Street and Jefferson Avenue - Pump Room
Modifications Plan
M-5 Pump Station NO.1 - 11th Street and Jefferson Avenue - Pump Room
Modifications Sections
M-6 Pump Station NO.1 0 - Belle Isle - Demolition and Modifications Plan
M-7 Pump Station NO.1 0 - Belle Isle - Modifications Plan and Sections
M-8 Pump Station No. 11 - 17th Street - Demolition and Modifications Plan
M-9 Pump Station No. 11 - 17th Street - Modifications Plan and Sections
M-10 Pump Station No. 15 - 51 st Street - Modifications Plan
M-11 Pump Station No. 15 - 51st Street - Sections
M-12 Pump Station No. 19 - 69th Street - Demolition and Modifications Plan
M-13 Pump Station No. 19 - 69th Street - Modifications Plan and Sections
M-14 Pump Station No. 21 - Normandy Isle - Plan and Sections
M-15 Pump Station No. 22 - Normandy Shores - Plan and Sections
M-16 Pump Station No. 23 - 75th Street Demolition and Modifications - Plan
M-17 Pump Station No. 23 - 75th Street - Modification Sections
M-18 Pump Station No. 24 - 81 st Street - Plan and Sections
M-19 Pump Station No. 27 - 54th Street & Collins Avenue - Plan
M-20 Pump Station No. 27 - 54th Street & Collins Avenue - Sections
M-21 Pump Station No. 28 - West 28th Street - Demolition Plan
M-22 Pump Station No. 28 - West 28th Street - Modification Plan
M-23 Pump Station No. 28 - West 28th Street - Sections
M-23APump Station No. 28 - New Screen Chamber
M-24 Pump Station No. 29 - 63rd Street - Demolition Plan
M-25 Pump Station No. 29 - 63rd Street - Modification Plan
M-26 Pump Station No. 29 - 63rd Street - Sections
M-27 Not Used
M-28 Meter and Valve Pit Details
M-29 Pump Station No. 16 - Generator/Pump Control Pad for Pump Station No.
15
M-30 Pump Stations 10, 11, 15, 19, 21, 22, 23, 24 and 27 - Top Slab Plans
M-31 Pump Stations 10, 11, 15, 19,21,22,23,24 and 27 - Top Slab Plans -
Modifications
M-32 41st Street Water Booster Pump Station - Demolition and Modifications
Plan
M-33 Normandy Isle Water Booster Pump Station - Demolition and
Modifications Plan
M-34 Belle Isle Water Booster Pump Station - Demolition and Modifications Plan
M-36 75th Street Water Injector Pump Station - Demolition and Modifications
Plan
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
118
MD-1 Miscellaneous Mechanical Details
MD-2 Pipe Support and Hanger Details
MD-3 Miscellaneous Details
Instrumentation
1-1 Instrumentation Legend Sheet
1-2 Instrumentation Tables
1-3 Block Diagram
1-4 Architectural Demolition and Removal Plans
1-5 Pump Station No.1 - P&ID and Instrumentation Loop Diagrams
1-6 Pump Station NO.1-Instrumentation Loop Diagrams
1-7 Pump Station No.2 - P&ID and Instrumentation Loop Diagrams
1-8 Pump Station No.4 - P&ID and Instrumentation Loop Diagrams
1-9 Pump Station NO.5 - P&ID and Instrumentation Loop Diagrams
1-10 Pump Station No.6 - P&ID and Instrumentation Loop Diagrams
1-11 Pump Station No.7 - P&ID and Instrumentation Loop Diagrams
1-12 Pump Station NO.8 - P&ID and Instrumentation Loop Diagrams
1-13 Pump Station NO.1 0 - P&ID a nd Instrumentation Loop Diagrams
1-14 Pump Station No. 10 - Instrumentation Loop Diagrams
1-15 Pump Station No. 11- P&ID and Instrumentation Loop Diagrams
1-16 Pump Station No. 11 - Instrumentation Loop Diagrams
1-17 Pump Station No. 13 - P&ID and Instrumentation Loop Diagrams
1-18 Pump Station No. 14 - P&ID and Instrumentation Loop Diagrams
1-19 Pump Station No. 15 - P&ID and Instrumentation Loop Diagrams
1-20 Pump Station No. 15 - Instrumentation Loop Diagrams
1-21 Pump Station No. 18 - P&ID and Instrumentation Loop Diagrams
1-22 Pump Station No. 19 - P&ID and Instrumentation Loop Diagrams
1-23 Pump Station No. 19 - Instrumentation Loop Diagrams
1-24 Pump Station No. 21 - P&ID and Instrumentation Loop Diagrams
1-25 Pump Station No. 21 - Instrumentation Loop Diagrams
1-26 Pump Station No. 22 - P&ID and Instrumentation Loop Diagrams
1-27 Pump Station No. 22 - Instrumentation Loop Diagrams
1-28 Pump Station No. 23 - P&ID and Instrumentation Loop Diagrams
1-29 Pump Station No. 23 - Instrumentation Loop Diagrams
1-30 Pump Station No. 24 - P&ID and Instrumentation Loop Diagrams
1-31 Pump Station No. 24 - Instrumentation Loop Diagrams
1-32 Pump Station No. 27 - P&ID and Instrumentation Loop Diagrams
1-33 Pump Station No. 27 - Instrumentation Loop Diagrams
1-34 Pump Station No. 28 - P&ID and Instrumentation Loop Diagrams
1-35 Pump Station No. 28 - Instrumentation Loop Diagrams
1-36 Pump Station No. 28 - Instrumentation Loop Diagrams
1-37 Pump Station No. 29 - P&ID and Instrumentation Loop Diagrams
1-38 Pump Station No. 29 - Instrumentation Loop Diagrams
1-39 Pump Station No. 29 - Instrumentation Loop Diagrams
1-40 Pump Station No. 30 - P&ID and Instrumentation Loop Diagrams
1-41 Pump Station No. 31 - P&ID and Instrumentation Loop Diagrams
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
119
1-42 Wastewater Meter Stations Instrumentation Loop Diagrams
1-45 75th Street Water Injector Pump Station - P&ID and Instrumentation Loop
Diagrams
1-46 75th Street Water Injector Pump Station - Instrumentation and Loop
Diagrams
1-47 Normandy Isle Water Booster Pump Station - P&ID and Instrumentation
Loop Diagrams
1-48 Normandy Isle Water Booster Pump Station - Instrumentation Loop
Diagrams
1-49 41st Street Water Booster Pump Station - P&ID and Instrumentation Loop
Diagrams
I-50 41 st Street Water Booster Pump Station - Instrumentation Loop Diagrams
I-51 Belle Isle Water Booster Pump Station - P&ID and Instrumentation Loop
Diagrams
I-52 Belle Isle Water Booster Pump Station -Instrumentation Loop Diagrams
I-55 Water Meter and Pressure Stations -Instrumentation Loop Diagrams
I-56 Installation Details
I-57 Installation Details
HVAC
H-1 HV AC Symbols and Abbreviations
H-2 Pump Station No.1 - First Floor HVAC Plan
H-3 Pump Station NO.1 - Pump Room HVAC Plan
H-4 Pump Station No.1 - HVAC Sections and Details
H-5 Pump Station No.10 - HV AC Plans
H-6 Pump Station No. 10 and Belle Isle Water Booster Pump Station
Electrical/Generator Building - HVAC Plan
H-7 Pump Station No. 11 - HVAC Plan
H-8 Pump Station No. 11/Convention Center Electrical/Generator Building -
HV AC Plan
H-9 Pump Station No. 15 - HV AC Plan
H-10 Pump Station No. 19- HVAC Plan
H-11 Pump Station No. 21 - HVAC Plan
H-12 Pump Station No. 22 - HVAC Plan
H-13 Pump Station No. 23- HVAC Plan
H-14 Pump Station No. 24 - HVAC Plan
H-15 Pump Station No. 27 - HVAC Plan
H-16 Pump Station No. 28 - HVAC Plan
H-17 Pump Station No. 28 - Electrical/Generator Building HVAC Plan and New
Screen Chamber - HV AC Plan
H-18 Pump Station No. 28 - HV AC Sections and Details
H-19 Pump Station No. 29- HVAC Plan
H-20 Pump Station No. 29 - Electrical/Generator Building - HVAC Plan
H-21 Pump Station No. 29 - HVAC Sections and Details
H-22 41 st Street Water Booster Pump Station - HV AC Plan
BID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
120
H-23 41 st Street Water Booster Pump Station Electrical/Generator Building -
HV AC Plans
H-24 Normandy Isle and Belle Isle Wa1er Booster Pump Station - HVAC Plan
H-25 Normandy Isle Water Booster/Wastewater Pump Station No. 21 Station
Electrical/Generator Building - HVAC Plan
H-27 75th Street Water Injector Pump Station - HVAC Plan
H-28 75th Street Water Injector Pump Station/Wastewater Pump Station No. 23
Electrical/Generator Building - HVAC Plan
H-30 HV AC Details
H-31 HV AC Details
H-32 HVAC Schedule
H-33 HV AC Details
Electrical
E-1 Electrical Symbols and Abbreviations
E-2 Pump Station No.1 - Site Plan
E-3 Pump Station No.1 - Single Line Power Diagram & Front View
E-4 Pump Station NO.1 - Elementary Control Diagrams
E-5 Pump Station NO.1 - First Floor Electrical Demolition Plans
E-6 Pump Station NO.1 - Pump Room Electrical Demolition Plan
E-7 Pump Station No.1 - First Floor Electrical Modifications Plans
E-8 Pump Station No.1 - Pump Room Electrical Modifications Plan
E-9 Pump Station No. 10 and Belle Isle Water Booster Pump Station - Site
Plans
E-10 Pump Station No. 10 and Belle Isle Water Booster Pump Station - Single
Line Power Diagram & Front View
E-11 Pump Station No. 10 and Belle Isle Water Booster Pump Station -
Elementary Control Diagrams
E-12 Pump Station NO.1 0 - Electrical Demolition Plans
E-13 Pump Station NO.1 0 - Electrical Modifications Plans
E-14 Pump Station No. 10 and Belle Isle Water Booster Pump Station -
Electrical/Generator Building Plans
E-15 Pump Station No. 11 - Site Plan
E-16 Pump Station No. 11- Single Line Power Diagram & Front View
E-17 Pump Station No. 11 - Elementary Control Diagrams
E-18 Pump Station No. 11 - Electrical Demolition Plans
E-19 Pump Station No. 11 - Electrical Modifications Plans
E-20 Pump Station No. 11 - Electrical/Generator Rooms South Center ? D?
2nd Floor Modifications
E-21 Pump Station No. 11 Electrical/Generator Rooms South Center ?A? 2nd
Floor Modifications
E-22 Pump Station No. 11 - Electrical/Generator Rooms Electrical Plans
E-23 Pump Stations Nos. 15, 19 and 21 - Site Plans
E-24 Pump Sta tion No. 15 - Single Line Power Diagram & Front View
E-25 Pump Station No. 15 - Elementary Control Diagrams
E-26 Pump Station No. 15 - Electrical Demolition Plans
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
121
E-27 Pump Station No. 15 - Electrical Modifications Plans
E-28 Pump Station No. 19 - Single Line Power Diagram & Front View
E-29 Pump Station No. 19 - Elementary Control Diagrams
E-30 Pump Station No. 19 - Electrical Demolition Plans
E-31 Pump Station No. 19 - Electrical Modifications Plans
E-32 Pump Station No. 21 - Electrical Demolition Plans
E-33 Pump Station No. 21 - Electrical Modifications Plans
E-34 Pump Stations Nos. 22, 23, 24 & 27 - Site Plans
E-35 Pump Station No. 22 - Single Line Power Diagram & Front View
E-36 Pump Station No. 22 - Elementary Control Diagrams
E-37 Pump Station No. 22 - Electrical Demolition Plans
E-38 Pump Station No. 22 - Electrical Modifications Plans
E-39 Pump Station No. 23 - Electrical Demolition Plans
E-40 Pump Station No. 23 - Electrical Modifications Plans
E-41 Pump Station No. 24 - Single Line Power Diagram & Front View
E-42 Pump Station No. 24 - Elementary Control Diagrams
E-43 Pump Station No. 24 - Electrical Demolition Plans
E-44 Pump Station No. 24 - Electrical Modifications Plans
E-45 Pump Station No. 27 - Single Line Power Diagram & Front View
E-46 Pump Station No. 27 - Elementary Control Diagrams
E-47 Pump Station No. 27 - Electrical Demolition Plan
E-48 Pump Station No. 27 - Electrical Modifications Plans
E-49 Pump Station No. 28 - Site Plan
E-50 Pump Station No. 28 - Single Line Power Diagram & Front View
E-51 Pump Station No. 28 - Switchgear Elementary Control Diagrams
E-52 Pump Station No. 28 - Elementary Control Diagrams
E-53 Pump Station No. 28 - Electrical Demolition Plan
E-54 Pump Station No. 28 - Electrical Modifications Plan
E-55 Pump Station No. 28 - Electrical/Generator Building Plans
E-56 Pump Station No. 29 - Site Plan
E-57 Pump Station No. 29 - Single Line Power Diagram & Front View
E-58 Pump Station No. 29 - Elementary Control Diagrams
E-59 Pump Station No. 29 - Electrical Demolition Plan
E-60 Pump Station No. 29 - Electrical Modifications Plan
E-61 Pump Station No. 29 - Electrical/Generator Building Plans
E-62 Pump Station Nos. 2, 4, 5 & 6 - Site Plans
E-63 Pump Station No.2 - Single Line Diagram and Details
E-64 Pump Station NO.4 - Single Line Diagram and Details
E-65 Pump Station No.5 - Single Line Diagram and Details
E-66 Pump Station No.6 - Single Line Diagram and Details
E-67 Pump Station Nos. 7, 8,13 & 14- Site Plans
E-68 Pump Station No.7 - Single Line Diagram and Details
E-69 Pump Station No.8 - Single Line Diagram and Details
E-70 Pump Station No. 13 - Single Line Diagram and Details
E-71 Pump Station No. 14 - Single Line Diagram and Details
E-72 Pump Station No. 18- Site Plan
E-73 Pump Station No. 18 - Single Line Diagram and Details
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
122
E-74 25th Street Water Injector Pump Station and 75th Street Water Injector
Pump Station and Pump Station No. 23 - Site Plans
E-81 25th Street Water Injector Pump Station - Control Room Modifications
Plans
E-82 75th Street Water Injector Pump Station & Pump, Pump Station No. 23 -
Single Line Power Diagram & Front View
E-83 75th Street Water Injector Pump Station Pump, Pump Station No. 23 -
Elementary Control Diagrams
E-84 75th Street Water Injector Pump Station - Power Demolition Plan
E-85 75th Street Water Injector Pump Station - Lighting Demolition Plan
E-86 75th Street Water Injector Pump Station - Electrical Modifications Plans
E-87 75th Street Water Injector Pump Station and No. 23 - Electrical/Generator
Building Plans
E-88 41 st Street Water Booster Pump Station - Site Plan
E-89 41 st Street Water Booster Pump Station - Single Line Power Diagram &
Front Viev
E-90 41 st Street Water Booster Pump Station - Elementary Control Diagrams
E-91 41 st Street Water Booster Pump Station - Power Demolition Plan
E-92 41st Street Water Booster Pump Station - Lighting Demolition Plan
E-93 41 st Street Water Booster Pump Station - Power Modifications Plan
E-94 41 st Street Water Booster Pump Station - Lighting Modifications Plan
E-95 41 st Street Water Booster Pump Sation - Electrical/Generator Building
Plans
E-96 Normandy Isle Water Booster Pump Station and Pump Station No. 21 -
Site Plans
E-97 Normandy Isle Water Booster Pump Station and Pump Station No. 21 -
Electrical/Generator Building - Site Plan
E-98 Normandy Isle Water Booster Pump Station and Pump Station No. 21 -
Single Line Power Diagram & Front View
E-99 Normandy Isle Water Booster Pump Station and Pump Station No. 21 -
Elementary Control Diagrams
E-100 Normandy Isle Water Booster Pump Station - Electrical Demolition Plan
E -101 Normandy Isle Water Booster Pump Station - Electrical Modifications
Plans
E-102 Normandy Isle Water Booster Pump Station and Pump Station No. 21 -
Electrical/Generator Building Plans
E-103 Belle Isle Water Booster Pump Station - Electrical Demolition and
Modifications Plans
E-109 Panel Schedules
E-110 Panel Schedules
E-111 Lighting Fixture Schedule and Electrical Details
E-112 Electrical Details
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
123
01000. ADDENDA AND MODIFICATIONS:
I NVITA TION TO BID
(AMENDED)
CITY OF MIAMI BEACH
AMENDMENT NO.1 R
March 2003
City of Miami Beach. Water and Wastewater Pump Station Upgrades, is
amended as follows:
IN THE SPECIFICATIONS
Section 01014, Construction Sequencing
1. Delete Paragraph 1 01.A.4 in its entirety.
2. Delete Paragraph 101.A.5 in its entirety.
3. In the unnumbered paragraph immediately following Paragraph 1.01A.5,
revise the second sentence to read as follows:
"With the exception of the 41 st Street Water Booster Pump Station (WBPS) the
sites are quite constricted."
4. Delete the second sentence of Paragraph 1.02.A.
5. Revise the first sentence of Paragraph 1.02.D to read as follows:
"All water pump stations must remain in continuous service throughout the
construction period, except Normandy Isle which is inoperative at this time."
6. Revise Paragraph 1.02.D.3 to read as follows:
"CONTRACTOR may not use diesel driven generators to provide temporary
power."
7. Delete Paragraph 1.02.E in its entirety.
8. Delete Paragraph 1.02.F in its entirety.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
124
9. Delete Paragraph 1.02.G in its entirety, and replace it with the following:
"G. CONTRACTOR shall plan its construction activities at WWPS No.
11 and in the CMB Convention Center to avoid interference with
Convention Center and Theater of Performing Arts events.
CONTRACTOR will be required to interrupt its activities when so directed
by the City Representative. CONTRACTOR shall anticipate numerous
mobilizations and demobilizations at this site. CONTRACTOR shall
anticipate at least three interruptions, each a week in duration, due to
scheduled events at the City of Miami Beach Convention Center and for
the Theater of the Performing Arts and include the costs for same in the
base bid.
10. At the end of Paragraph 1.02.H, add the followi ng sentence:
"25th Street water pump station is not part of this Contract, therefore,
Contractor must coordinate the work at 75th Street water pump station
with the work by others."
11. At the end of Paragraph 1.02.1, add the following sentence:
"Normandy Isle Water Booster Pump Station is not operational at this
time, and therefore, must be refurbished and placed on operation before
taking 41st Street WBPS off line for refurbishment."
12. After Paragraph 1.02.1, add the following four paragraphs:
"J. The OWNER prefers that improvements at WWPS No. 28 Booster
Pump Station be completed and online before taking any WWPS
No. 29 Booster Pumps out of service.
K. The CONTRACTOR shall replace only one Booster Pump at
WWPS No. 28 and WWPS No. 29 at a time. Each newly installed
Booster Pump shall operate satisfactorily for 3 continuous days
(unless the City specially approves a shorter period) before
commencing replacement of the next new Booster Pump.
L. At WWPS No. 28 and WWPS No. 29, if the Booster Pump
replacement occurs during the official Hurricanes season (June 1-
December 1), one booster pump at each station shall remain in
service at all times.
M. Due to Heightened Security Concerns, City of Miami Beach will
NOT furnish the CONTRACTOR with keys to the Water Pump
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
125
Stations. All access to water Pump Stations shall be scheduled
through the City of Miami Beach Public Works Department."
13. Revise Paragraph 1.03.A to read as follows:
"A. CONTRACTOR shall diligently pursue the installation, test and start
up of the central instrumentation system, including renovations at
the 25th Street Utility Complex control room."
14. Revise Paragraph 1.03.B.1 to read as follows:
"1. CONTRACTOR shall complete WWPS No. 28 and 29 in their
entirety before commencing work at any other dry pit pump stations
(except WWPS No.1) without special authorization by the City
Representative. "
15. Revise Paragraph 1.03.B.2 to read as follows:
"2. Expedite completion of WWPS No.1. The work on the other nine (9)
dry pit wastewater pump stations shall proceed generally from
North to South; construction activity at each site shall be
substantially completed within 180 calendar days of
commencement at each site; unless otherwise approved by the City
Representative."
Section 01580, Project Identification and Signs
16. Delete Section 01580 in its entirety.
Section 01590, Field Offices
17. Change to indicated that the Contractor should assume
responsibility for the "existing" trailer complex left by the original
contractor?
Section 01740, Warranties and Bonds
18. Delete Paragraph 1.01.E in its entirety. In addition, disregard all
references in the technical specifications regarding the "Extended
Warranty if Alternate Bid Item NO.2 is selected by OWNER".
19. Delete Paragraphs 1.05,C and 1.05.D in their entirety.
Section 00616, Steel Reinforced PVC Guardrails and Handrails
20. Delete Section 06616 in its entirety.
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
126
Section 11307, Submersible Wastewater Pumps. . .
21. Delete Section 11307 in its entirety.
Section 11281, Sluice Gates
22. In lieu of the cast iron sluice gates with 304 Stainless steel
hardware as specified in Section 11281, provide 316 SS gates with
316 SS hardware.
Divisions 1-16, Technical Specification
23. In the Technical Specifications, various sections, disregard all
references to Alternate Bid Items.
24. In the Technical Specifications, various sections, disregard all
references to Allowances or Allowance Accounts.
END OF AMENDMENT NO.1 R
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
127
2000. TECHNICAL SPECIFICATIONS:
The following list of Technical Specifications constitute the specifications that form a part
of the Project Manual:
DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work
01014 Construction Sequencing
01030 Special Project Procedures
01045 Cutting and Patching
01046 Modifications to Existing Structures, Piping and Equipment
01050 Field Engineering
01150 Measurement and Payment
01152 Applications for Payment
01200 Project Meetings
01300 Submittals
01310 Construction Scheduling
01370 Schedule of Values
01380 Construction Photographs
01410 Testing and Testing Laboratory Services
01505 Control of Work
01510 Temporary Utilities
01520 Construction Aids
01580 Project Identification and Signs
01590 Field Offices
01600 Material and Equipment
01630 Substitutions and Product Options
01700 Contract Closeout
01710 Cleaning
01720 Project Record Documents
01730 Operating and Maintenance Data
01740 Warranties and Bonds
DIVISION 2 - SITEWORK
02050 Demolition and Renovation
02100 Site Preparation
02150 Removal of Underground Tanks and Appurtenances
02200 Earthwork
02220 Structural Excavation, Backfill & Compaction
02221 Trenching, Bedding, and Backfill for Pipe
02222 Crusher - Run Gravel and Aggregate Bases
02223 Excavation Below Normal Grade and Grave Refill
02225 Soil and Groundwater Sampling
02270 Temporary Erosion and Sedimentation Control
02306 Pressure Grouted Auger Cast Piles
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
128
02444 Chain Link Fencing
02513 Asphaltic Concrete Paving
02515 Walkways
02600 Yard Piping
02722 Sanitary Sewers
02830 Vinyl Coated Chain Link Fencing
02835 Aluminum Gates
02900 Landscaping (Tree Relocation and Preservation)
02930 Shrub and Tree Transplanting
02932 Sodding
DIVISION 3 - CONCRETE
03100 Concrete Formwork
03180 Corrosion-Resistant Polymer Lining
03200 Concrete Reinforcement
03250 Concrete Joints and Accessories
03251 Concrete Joints and Accessories Non-Water Containment Structures
03300 Cast-in-Place Concrete
03350 Concrete Finishes
03410 Precast Concrete Structures
03420 Precast Prestressed Concrete Sections
03600 Grout
03740 Modifications to Existing Concrete
03800 Concrete Electrical Duct Encasement
DIVISION 4 - MASONRY
04220 Unit Masonry
DIVISION 5- METALS
05120 Structural Steel
05500 Miscellaneous Metal
05510 Metal Stairs
05515 Aluminum Ladders and Accessories
05520 Metal Handrails and Guardrails
DIVISION 6 - WOOD AND PLASTICS
06100 Rough Carpentry
06192 Wood Trusses
06200 Finish Carpentry
06615 Fiberglass Reinforced Plastic (FRP) Grating
06616 Steel Reinforced PVC Guardrails and Handrails
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
129
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07200 Insulation Systems
07320 Roofing Tile
07500 Membrane Adhered Roof System Over Concrete Decks
07501 Built-Up Roofing Renovations
07511 Mineral Surface Asphalt Roofing for Underlayment at Concrete Tile Roof Areas
07550 Loose Laid Thermoplastic Membrane Waterproofing
07600 Flashing and Sheet Metal
07900 Joint Sealers
07920 Caulking
DIVISION 8 - DOORS, WINDOWS, AND GLASS
08110 Metal Doors and Frames
08400 Storefront
08710 Finish Hardware
08800 Glazing
DIVISION 9 - FINISHES
09220 Portland Cement Plaster (Stucco)
09300 Tile Work
09500 Acoustical Treatment
09513 Suspended Ceiling System
09650 Rubber Tile Flooring
09655 Rubber Base
09680 Carpet
09831 Waterproof Coating
09901 Surface Preparation and Shop Prime Painting
09902 Painting
09903 Architectural Painting
DIVISION 10- SPECIALTIES
10200 Metal Louvers
10400 Signage
1 0800 Toilet and Shower Accessories
DIVISION 11 - EQUIPMENT
11212 Horizontal Split Case Centrifugal Pumps
11214 Vertical Turbine Pumps
11281 Sluice Gates
11285 Seal Water System
11303 Submersible Sump Pumps
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
130
11307 Submersible Wastewater Pumps Mounted in Dry Pit Applications (Base Bid? S?)
11311 Non-Clog Centrifugal Pumps (Base Bid? C ?)
11331 Manually Cleaned Bar Screens
DIVISION 12 - FURNISHINGS (NOT USED)
DIVISION 13 - SPECIAL CONSTRUCTION
13300 Process Instrumentation and Controls - General Provisions
13315 Process I nstrumentation and Controls - Products
13320 Central Data Management System
13350 Programmable Logic Controller (PLC) and/or Remote Terminal Unit (RTU)
13413Above Ground Concrete Encased, Double-Containment Diesel Fuel Oil Storage
Tanks
DIVISION 14 - CONVEYING SYSTEMS (NOT USED)
DIVISION 15 - MECHANICAL
15051 Piping - General Requirements
15062 Ductile Iron Pipe and Fittings
15063 Copper Pipe and Tubing
15064 Polyvinyl Chloride (PVC) Pipe and Fittings
15094 Pipe Hangers and Supports
15100 Valves
15120 Piping Specialties
15400 Plumbing - General Provisions
15500 Heating, Ventilating, and Air Conditioning (HVAC)
DIVISION 16- ELECTRICAL
16000 Electrical - General Provisions
16110 Raceways, Boxes, Fittings and Supports
16120 Wires and Cables
16150 Motors
16191 Miscellaneous Equipment
16216 Diesel Engine Driven Generator
16217 Diesel Engine Driven Generator (Self-Contained with Modular Weatherproof
Enclosure)
16370 Variable Frequency Drives
16425480 Volt Switchboards
16450480 Volt Switchgear
16470 Panelboards
16480480 Volt Motor Control Centers
16500 Lighting System
16600 Underground System
16660 Grounding Systems
16740 Telephone System
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
131
03000 BID PROPOSAL FORM
~f~X I t{
T" (~t \t
~t1~
BID NO.1 0-02103
WATER AND WASTEWATER
PUMP STATION UPGRADE
(BID FORM 1.4)
NOTE: Shoulll the City not have lie available funlls for the Lump Sum Granll Total. the City reseiVellhirigJWop~ion to
II/ocate new funlls or Value Engineer the projeclto fall within the City's budget amount.
BASE SID ITEM No. f - Our LUMP SUM SID includes the lotal cost for the work specified in this bid, consisting of furnishing all
malerials, labor, equipmenl, supervision. mobilizalion, overllead & profit required for major renovalions 10 and upgrades al waler
and waslewaler pump slations Ihroughout the City service area. 17 352 ~
. .515~O _
Bue Sill (Lump Sum): .....- S::t: :J;.,~ ' P Do-.
~e7"" T ,~6 .s.~/... A/~/~r".tl!.~J: 11" A('iIf-' l~"'~f 'I) ~ .. J f#~' ~,,~
Written Amount 0,--... A. (
BASE BID ITEM No.2 - Consideration tor Indemnification in accordance with Section 725.06, Florida Statues and Article 6.31 of ~
General Condilions. ($25.00 minimum)
Bue Bill Item No.2 Lump Sum:
O.NE ~..v-o.et7:J .2);/.Lh'1J
Written Amount
S /00
o-E
Initial
GRAND TOTAL BASE BID (ITEMS NO.1- 2)
,I!,o3g.615.00
$ ~7G) ,9l){;)
~~'~~~,1.~ /i'J tAd
a.Q
-
-'7{;t::v.'; / ~S c...i"'6~-M~ _ :k:'b':Ll,(c .....
Written Amount
PERMITS AND PROCESSING FEES:
~V ?;;/tJ tJ.r.4-7V~ L4Lt-Aorl-I
Written Amount
.>~
-
Initial
~ "2, ODD
NOTE: Determination of award of this Contract will be based on the lowest and best
bidder's BASE BID LUMP SUM.
ALTERNATE BID ITEM
A-1
Connect existing smoke defectors/alarms to new SCADA system (eleClrical portion; instrumentation/programming
induded elsewhere; typical 12)
Alternate Bill Item A-1 (Lllmp Slim):
- .--: ~
~ /WtNr9' r;j/? /I't"oVb/1-:>I'IJ
oa
s25;000-
Db~~J
Written Amount
BID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
132
(BID FORM 2-4)
.4-2
Interior Iighling for the entrance slructures al WWPS Nos. 28 & 29
Alternate Bid /tem .4-2 (Lump Sum):
~~r€C;;.J ~OSAroO ~u.t1rl- ~
Wrilten Amounl
s
/;- Ot) d
-
1!1~
.403 Provide 316 Slainless Steel sluice gales in lieu of cast iron specified in Section 11281; with added above grade
operalors (WWPS Nos. 11, 28 & 29 only). 11
Alternale Bielllem .4-3 (Lump Sum):
c:'.N fr ;:;;;;;, u.J' ~.o
s
J...DtJ{)
Ooe.'-~J
Written Amounl
.44
Provide Nine 316 Slainless Stee' sluice gates with above 9rade operators (typical all WWPS excepl Nos. 11,28 & 29)
~
Alternale Biel Item A-4 (Lump Sum):
-SVe.vrY ~~ ~ds"".r4
/i!6-- //"#/.7~...??
Wrillen Amounl
s 73~S[)O
A~t.4Y'2 {
.45
Rep/ace concrele steps {in lieu of refurbishing existing steps} at WWPS No. 27: add 4-foot fence gale; revise handrails
to suit
Alternate Blel/lem.45 (Lump Sum):
AYti fr(Je),\A..JO a~~.5
Wrillen Amount
s
og
b.~b
.4&
Relocate exisling electrical service to the park lighting adjacent 10 WWPS No. 29.
DE
Alternale Bielllem.4& (Lump Sum):
~ ~~hJO L::ba/P"LS
Writlen Amount
S /q,tJO 0
.47
Provide interior lighting for Ihe new generator room in WWPS NO.1.
Allernale Bid Item A-7 (Lump Sum):
hI!;' /m{/fA..IJ) LAuAd-J
Wrlllen Amount
s
S; t:Jt10
rJ.!'
.48
Provide a concrele paver driveway at WWPS No. 10 in lieu of a concrete driveway.
~
Alternale Biclltem .4-8 (Lump Sum):
- .. ..-.--
(::lInr 7}fo(./.J~~
nfe. 1N~1J/.2t?!J
Wrillen Amounl
s
D~/.l.AA-J
il5't!Jt!J
BID NO: to-02l03
DATE: 04/08103
CITY OF MIAMI BEACH
133
(BID FORM 3-4)
409
Provide a precasl concrete trench with cover at the Convenlion Cenler ramp in lieu of buried secondary containmenl
of the fuel oil piping. .
Alternate Bid Item A-I (Lump Sum):
~/~-: 7#oClS~
s
,;z~OtJD
tI!!
~Ll-",a./
Written Amount
4010
Replace existing concrete steps (in lieu of refurbishing existing sleps) at WWPS Nos. 11, 15,19,22,23. and 24);
revise handrail 10 suit.
,;Iii
S 6~'()O~-
~t-~r
Written Amount
Alternate Biclltem .4010 (Lump Sum):
S..){ 7;;vJ'A-J-<J
4011 Provide additional white aluminum decorative fence at WWPS No. 19.
Alternate Bid Item 4011 (Lump SumJ:
~ r r;;;;;U .r,,9-J1O
.L),u. 4.-'tJ
Written Amount
ii'
S ~ 000 -
.4012
Revise miscellaneous melals al various wastewater pump stations as required by the CMB fire department.
()6J
~ ()()() .-
s
Alternate Sid Item .4012 (Lump Sum):
0;..( ~ O.J'AI'r.)
.L:b t. t. tPA-I
Written Amount
413 Provide concrete steps with handrait at the entrance structure to WWPS No. 29.
Alternat. Bid Item 1,.13 (Lump Sum):
....,~
7l.-JD /#O;f}..f~
,0
S :2/ f)[)O .
I~~ ~\
Written Amount
.4014
Revise the driveway to WWPS No. 29; add bollards; and, relocate the air conditioning units.
Altern.te Bid Item 1,.14 (Lump Sum):
h~f?V
s
o?
I ~ t:)()~ -
~ / ~{),{~ {;oUM-{
Written Amount
SUBTOTAL Alternate Sids (Alternate Bid Items NOI. 1 through 14)
s
.. 17~OOO
~.,!1
t:1P,;- 4A/'aA.l::""D SeveNTY 7#ovcmJO
Written Amount
,i)" L c...vL;l
BID NO: 10-02/03
DA TE: 04/08/03
CITY OF MIAMI BEACH
134
FIRM'S NAME (Print or Type):
SIGNATURE:
(BID FORM 4-4)
Widell, Inc. /
~~
TITLE/PRINTED NAME:
Keith A. Pickle. Director/Prp~idpnt
ADDRESS: 5365 Stirlina Road. Fort Lauderdale. FL 33314
TELEPHCNE NUMBER: 954-587-0520 FAX: 954-587-6653
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
13S
04000. ACKNOWLEDGEMENT OF ADDENDA
BID NO. 10-02/03
WATER AND WASTEWATER
PUMP STATION UPGRADE
Directions: Complete Part I or Part II. whichever applies.
Part I: Listed below are the dates of issue for each Addendum Ieceived in connection
with this Bid:
Addendum No.1 Dated (lR) 4/08/03
t ________________________
Addendum No.2 Dated 5/12/03
I ________________________
Addendum No.3. Dated ___~Q.6J..9L______________
Amendment
~mtmrrNo. 4, Dated __.x.E'Jl~a!L~OO~_________
E
Addendum No.5. Dated _______________________
IUit
Part II:
----- No addendum was received in connection with this Bid.
Verified with Procurement staff
----------------------------------- ---------------
Name of Staff Date
---------------------------------------------- ---------------------
8idders- Name Date
----------------------------------------------
Signature
BID NO: 10-02/03
DATE: 04/08/03
CITY OF /\fIAMI BEACH
136
05000.
CUSTOMER REFERENCE LISTING
BID NO.1 0-02/03
WATER AND WASTEWATER
PUMP STATION UPGRADE
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum
of eight (8) firms or government organizations for which the Contractor has provided
major renovations to and upgrades at water and wastewater pump stations. (See
Minimum Requirements page 7):
1)
Company Name ____.Pl~~~~_~~~_J_~Jl~~.fr.il?1iQ.rLi!..tti!fJl~d
Address
Contact Person
Contract Amount
Telephone Number ________________Fax:_______________
Provide a brief description of the work performed:
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
137
2)
3)
BID NO: 10-02/03
DATE: 04/08103
Company Name ~ 1 eil c;e ..s.ee....J.ob_De.s.cr i p t ion .a.t.tac.he.d..___
Address
Contact Person
Contract Amount
Telephone Number _______________Fax:________________
Provide a brief description of the work performed:
Company Name ~l~~~~_~~e_~.!>_Q~~~!:!P_.~.:~o_.!l_~.!.!~ch~~__
Address
Contact Person
Contract Amount
Telephone Number _______________Fax:_______________
Provide a brief description of the work performed:
CITY OF MIAMI BEACH
138
4)
Company Name ~LeMa...s.f.LJ.Qb._D.e.s...cd_p.tJ.D1L.attac.hefL__
Address
Contact Person
Contract Amount
Telephone Number _______________Fax:_______________
Provide a brief description of the work performed:
5)
Company Name ~1~iL~~Ji~i!_~.Q!U~~~~r.iPJ~_:t.9..!L2.:!:!~fh~Q.___
Address
Contact Person
Contract Amount
Telephone Number ____________Fax:______________
Provide a brief description of the work performed:
BID NO: 10-OZl03
DATE: 04/08/03
CITY OF MIAMI BEACH
139
6)
Company Name
Please see Job Description attached
Address
Contact Person
Contract Amount
Telephone Number _______________Fax:____________
Provide a brief description of the work performed:
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
7)
Company Name
Please see Job Description attached
------------------------------------
Address
Contact Person
Contract Amount
Teleph:me Number ___________Fax:______________
Provide a brief description of the work performed:
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
BID NO: 10-0%/03
DATE: 04/08/03
CITY OF MIAMI BEACH
140
8)
Company Name
~1~~~~_~~_1~p_~~~~~~ti~~2JJ~~b~~_--
Address
------------------------------------
Contact Person
------------------------------------
Contract Amount
------------------------------------
Telephone Number _______________Fax:________________
Provide a brief description of the work performed:
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
----------------------------------------------------
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
14\
---- - .--\-
rIa 1'F~ANSF'ER 190 20150
FORM NO.
401-2BOJAC 25.0131
Board of County Commissioners, Broward County Florida
BROWARD COUNTY OCCUPATIONAL LICENSE TAX
FOR PERIOD OCTOBER 1, 2002THRU SEPTEMBER 30, 2003
o TRANSFER
SEC #
i9 '" 190 TAX
BACK TAX
08/23/94 PENALTY
T. C. FEE
TRANSFER
27.00
00'""71
RENEW ON OR BEFORE
SEPTEMBER 30, 2003
PENAlTIES IF PAID
OCT.-10% I NOV.-15%
. DEC. - 20% . Alter DEC. 31 . 25%
. Plus Tax Collecflon Fee 01 up 10 $25.00
Based on Cost 01 License jf Paid
On or After November 30. 2002
m RENEWAL
o NEW
DATE BUSINESS OPENED
STATE OR COUNTY CERT/REG . ~r.~A,"'C;> 4 ":1:"31
Buslnes. Location Address:
ACCOUNT NUMBER
5365 STIRLIN~ ~p
FT L.AUDERDAl_E 333i4
E1UaXNESB F'HONE: (OOOHSS''j>-0520
TOTAL
::2"7.00
..-
1BO-OOO,4.670
THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED
TO PUBLIC VIEW'AT THE LOCATION ADDRESS ABOVE.
WIDELL J:NC
KEITH ALAN PICKLE
5365 STIRLING RD
FORT LAUDERDALE FL 33314
B~ARD L TYPE OF LICENSE TAX PAID
._~_~~~~2! C~NERAL CONTRACTOR
::!l UN:('fS
BROWARD COUNTY REVENUE COLLECTOR
115 S. Andrews Avenue, Governmental Center Annex
FORT LAUDERDALE, FL 33301
2002 . 2003
PAYMENT RECEIVED AS VALIDATED ABOVE
'SEE BACK FOR TRANSFER INFORMATION
PAID 08/19/02 9009475.0001
27.00
, '
AC# 0569620
51 A 1E OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
' CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L02090401675
489 FS.
PICKLE, KEITH ALAN
WIDELL INC
943 S BENEVA RD
PO BOX 4297
SARASOTA
JEB BUSH
GOVERNOR
FL 34230-4297
DISPLAY AS REQUIRED BY LAW
KIM BINKL$Y-SEYER,
SECRETARY'
.-J
/
c II~I:
.R.
OCCUPATIONAL LICENSE
I NAME AND LOCATION OF LICENSE
loll DELL I NC
5365 STIRLING RD
DAVIE Fl 33314
FIRST CLASS
PRESORTED
U.S. POSTAGE
PAID
PERMIT NO. 32
OSPREY. FL
" P.O. BOX 5917
DAVIE, FL 33310-5917
CONTROL NO. I LICENSE TYPE BEGINNING ENDING ON PHONE NUMBER
0007365 IREGUlAR 10/0112002 9/30/2003 954-587-u:>~O
LICENSE # I CODE I DESCRIPTION
03-08422 05bOO CllNTRACTOR: CEN.R=S.BLOG
Reference: MAILING ADDRESS
TO:
KEITH A PICKLE WIDELL INC
5365 STBLING kD
DAVIE FL 33314
\& II ill" IIIII! II!!! .11.1 ! l~ li 1111 n 1!! ti lii H! I, \11 L \1!!! t III
'WIDELL, INC.
(954) 5B7-0520
~AX 5"-6653
State Cerlllled No. CG CA09173
Sewage Treatment Works
Water Treatment Works
Substructure Construction
OWNER:
DIRECTOR:
Born:
High School:
College:
Keith A. Pickle
!!nrin.eetinj (? amftuction.
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, ]973
Masters in Construction, ] 975
Certified Florida General Contractor - #CG-CA09] 73
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
197 8-80
] 98 I -85
1985-Present
1994- Present
Field Engineer, Pullman Kellogg, ]nc.; 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 Manager/Estimator, Cardinal Contractors, Inc.; Sarasota, Florida
Director and Treasurer, Widell, Inc.; Fort Lauderdale, Florida
William J. McDevitt
] 947 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:
SAFETY PAYS
197] - 73
] 974-77
] 978-8]
]98]-83
1983-84
1984-86
] 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, Illinois.
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 Secretai)', Project Manager, Cardinal Contractors, Inc.; Sarasota, Florida
Director and Secretary, Widell, ]nc.; Fort Lauderdale, Florida
Page 1 of4
AN EQUAL OPPORTUNITY EMPLOYER
PROJECT MANAGER:
Born:
High School:
College:
Experience:
WIDELL, INC.
Personnel
Louis J. Beck
1949 in Pittsburgh, Pennsylvania
North Allegany High
University of Dayton, Ohio; BSlE, 1971
1971-73
1973-81
1981-82
1982-86
1986-89
1989-91
1991-95
1995-98
I 998-Present
PROJECT MANAGER:
Born:
High Schoo]:
College:
Experience:
Draftsman, Advertisers Assoc., Inc.; Pittsburgh, P A
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 Lauderda]e, 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
I 994-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 Lauderda]e, FL
Project Manager, Widell, Inc.; Fort Lauderdale, Florida
Oscar Diaz
]959 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.; Fort 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
1995-Present
SUPERINTENDENT:
Born:
High School:
Experience:
Pipelayer; Christopher Construction; Columbus, Ohio
Pipe layer; Widell Associates, Inc.; Davie, Florida
Trainee; Crom 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; Jacksonville Beach, Florida
1963-65
1965-71
[971-74
1974-75
1975-76
1976-80
1980-86
1986-93
1993-97
1997-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
1998-01
2002-Present
Area Superintendent; \.W. Associates; Pompano Beach, Florida
Superintendent; Intercounty Construction; Fort Lauderdale, Florida
Superintendent; Boyle Construction; Orlando, Florida
Project Resident; Camp Dresser & McKee; Fort Lauderdale, Florida
Superintendent; United Engineering Corp.; Miami, Florida
Superintendent; Widell, Inc.; Fort Lauderdale, Florida
Page 4 of 4
WIDELL INC.
Equipment Inventory
Equipment Job Date Description Serial Purchase
Number Number Purchased Number Price
B-BEEPERS
B104 659 Motorola Beeper 954-223-8234
B106 I 659 Motorola Beeper 954-223-8236
D-ORILL & HAMMER
0117 659 3/4" Magnetic Drill 2218
0119 664 3/8 Close Quaters drill Mi10375-1
0134 659 Diamond Core Rig 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 Milwaukee11/2Rotary Hammer
0145 664 Dewalt Screwgun 973039915E
0146 664 1/2" Impact Wrench 142171
0147 659 Matabo 1/2 Drill 710751
0153 656 Hitachi Angle Drill 470123
0154 656 Milwaukee Hole Shooter W/ Angle 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 impact 11479
0171 666 Bosch 1/2" hammer drill 185231822
DL-DOlER LOADER
Ol101 659 Ford 555B Backhoe 1<286888
OL102 656 Ford 555CBackhoe A400538
OL 103 659 Ford 555 Backhoe 706619
Ol104 666 2/10/1996 1990 Ford 4X4 Backhoe A411716
Ol105 664 1989 Ford 4X4 Backhoe A407443
DL108 656 Forks
Ol1 09 664 H.D. Forks
Ol110 664 Forks
OL111 659 Forks
OL112 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
G8101 I 659 Knack gangbox #89
G8102 I 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 w/work box
M123 664 Honda 5.5HP plate compactor 1568281
M125 659 32' Extension Ladder
M141 656 Gas 4000 Watt Generator
M143 664 Heavy d~tyrollers
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 Rum~ 2" pump 949026
P104 656 2"Submersible Pump
P108 659 Thompson 4" Pump Diesel 4M119
P110 659 H~dro Test Pump 334
P111 656 3/4/2002 Pump, Self-Priminq, 1/2 hp 2P390A0901 $ 200.00
P112 656 3/4/2002 Pump, Self-Primina, 1/2 hp 2P390A1001 $ 200.00
PE-PIPE EQUIPMENT
PE111 664 Rigid 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 Inventorv
Equipment Job Date Description Serial Purchase
Number Number Purchased Number Price
PE114 659 Oster Threadinq Machine
PE115 656 Fiberglass Pipe Remover
PE119 656 21/2" to 4" Diehead
PE121 656 Rigid Powerhead EE63293A98
PE123 659 Rigid Threader 300 ED61891D00
PE124 659 Riqid Threader 700 EE46940E96
PE125 656 Tripod Pipe vise
PE126 664 Tripod Pipe vise
PE127 656 Riqid 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 Storaqe Trailer 92303
SV107 664 Frur 74 storage van AS433160
SV109 659 45' Storage Van 2R4524DH007361
SV112 664 45' Fruehauf 5R04526
T-TRUCKS
n02 I 659 2/28/1998 1991 Ford 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 Answering Machine 19096656
TFC120 664 GE Phone Answerinq 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 Answering Machine 1381846
TFC148 659 Panasonic Fax 1EBRA110921
TFC149 659 V-Tech Cordless Phone H310601000896002
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 U56583G1 K195031
TFC154 659 Computer with printer
TFC 155 666 Intellifax 775 K544959
TL-TRIPOD LEVEL
TL102 659 Level Tripod
TL108 664 Wild Auto Level 539954
TL109 664 Level Tripod
TL113 664 Level Tripod
TL114 664 Deitzgen Transit 594296
TL116 659 David White Transit A148490
TL117 659 David White Transit A178139
Page 3 of 4
WIDELL INC.
Equipment Inventorv
Equipment Job Date Description Serial Purchase
Number Number Purchased Number Price
Tl118 659 level Tripod
Tl119 659 David White Transit A198952
Tl120 666 David White Transit A198971
TT-TRAVEl TRAilER
TT105 I 659 I Travel Trailer 94 Hyline 198AOlPXRA945746
TT106 I 664 Travel Trailer 98 Salem 4X4TSMG24WAOO3048
UT-UTllITY TRAilER
I UT101 664 Big 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
WS102 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 808839521033
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 Skil Jig Saw 8772342
WS137 659 Milwaukee Bandsaw 457C400450222
WS138 664 Dewalt Sawzall DW308
WS 139 664 Bosch Jigsaw R188009097
WS140 666 Makita saw 71/4" 0033408k
WS141 666 Bosch Jigsaw 12449
Page 4 of 4
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WIDELL, INC.
(954) 587-0520
~AX587_665J
Slate Certified No. CG CA09173
Sewage Treatment Works
Water Treatment Works
Substructure Construction
!!n.rin.ee'lLnr {? cmJt'l:udion.
5365 STIRLING ROAD
FT. LAUDERDALE. FL 33314
Widell, Inc. Job No. 659
Project:
Southern Regional WWTP Injection Well Pumping System,
City Project 95-9713B, WI Job 659
Owner:
City of Hollywood, Florida
2600 Hollywood Boulevard
Hollywood, FL 33020
(954) 921-3930
Contact Person: Patricia Hart
Role of the Proposer: General Contractor
Contract Amounts: Original $5,187,400.00/ Final $5,206,610.00
Description:
The project consists 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.
WIDELL, INe ~
Project:
South Central Regional
Wastewater Treatment Plant
Sludge Dewatering Facilities
Owner:
South Central Regional
Wastewater Treatment and
Disposal Board
1801 North Congress Avenue
Delray Beach, Florida 33445
(561) 272-7061
Contact Person: Mr. Robert Hagel
Construction consisted of furnishing and installing new
centrifuge, conveyor, power system, tankage, instrumenta-
tion and controls, concrete, electrical, structural work, piping
and equipment.
Description:
Role of the Proposer: General Contractor
Contract Amounts: Original- $1,805,000.00/ Final- $1,364,075.00
Examples of experience in providing review services applicable to establish
guaranteed maximum price for this project: Widell worked closely with
the Engineer and Owner to develop the means, methods and cost estimates for
several substantial Change Orders. One was repairing and cleaning diffusers in
the Aeration Plant "A" - South Cell. Another was concrete restoration in the
headworks structure.
WIDELL, INC ~
Project: S-268 Pump Stalion
Miami-Dade County, Florida
Owner: South Florida Water
Management District
Owner PM: Raul E. Pellegrino, P.E.
Section Chief: Cledwyn R. Weldon
Description: The project involves the construction ofa new pump station (S-268) at the 8-26 water
control structure. The work consists 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.
Role of Proposer: Construction Manager
Original Contract Amount: $3,495,000 Final Contract Amount: $3,532,219.63
Examples of experience in providing engineering review sen'ices that are applicable to tbe design
being undertaken by the project: Selection of equipment and review of shop drawings for
conformance to project requirements. Notification of conflicts in plans and specifications, including
such items as structural clearances, and piping conflicts with existing utilities.
WIDELL, INC.
Sewage Treatment Works
Water Treatment Works
Substructure Construction
(954) 587-0520 FAX 587-6653
~
!!nrineer!nf c? CJn.jftudi'an.
State Certified No. CG CA09173
5365 STIRLING ROAD
FT. LAUDERDALE. FL 33314
Widell, Inc. Job No. 656
Project:
Odor Control and Plant Rehab. for the Wastewater
Treatment Plant, Pembroke Pines, FL, WI Job 656
Owner:
City of Pembroke Pines, Florida
10100 Pines Boulevard
Pembroke Pines, FL 33026
Hollywood, FL 33020
(954) 431-4500
Contact Person: Joseph McLaughlin
Role of the Proposer: General Contractor
Contract Amounts: Original $4,231,800.00/ Final $4,610,157.00
Description:
The Project includes the installation of a wet scrubber and
biological odor control system, air duct system and the
fabric covering of5-135 ft. diameter Treatment Units.
WIDELL, INC.
Slate Certified No. CG CA09173
(954) 587-0520 FAX 587-6653
,.
f:m;inee'llnf c? CJnJftudion
Sewage Treatment Works
Waler Treatment Works
Substructure Conslruction
5365 STIRLING ROAD
FT. LAUDERDALE. FL 33314
Widell, Inc. Job No. 654
Project: Master Lift Station Rehabilitation Lift Station 316, 317, 317 and 356
Owner: City of Boynton Beach, Florida
Contact: Anthony J. Lombardi
Supervisor of Wastewater Divisions
Description: Rehabilitation and reconfiguration of Master Lift Stations, #316, #317,
#319 and #356. The major improvements for stations #316 and #319
includes replacement of 3 dry-pit submersible pumps, replacement of
the emergency diesel generator, replacement of the electrical main
service disconnect, transfer switch, main control panel and variable
speed drives with a new electrical system, soft starts and control
system, replacement of the pump suction and discharge piping and
replacement of the odor control system. The major improvements for
station #317 includes removal of the existing jockey pump and
installation of new large pump and jockey dry-pit submersible pumps
and electrical and control system improvements. All of the lift
stations will have a bridge crane installed.
Role of Proposer: Construction Manager
Original and Final Contract Amount: Original $1,547,000 Final $1,560,598
Examples of experience in providing engineering review services that are
applicable to the design being undertaken by the project: Selection of
equipment and review of shop drawings for confonnance to project
requirements. Notification of conflicts in plans and specifications, including
such items as structural clearances, and piping conflicts with existing utilities.
SAFETY FA vs
AN EOUAl OPPORTUNITY EMPLOYER
WIDELL, INC.
(954) 587-0520
~AX 58].6653
Slale Certified No. CG CA09173
Sewage Treatment Works
Water Treatment Works
Substructure Construction
!!n.rinee'tLnr {? CJn3hucti'on.
5365 STIRLING ROAD
FT. LAUDERDALE. FL 33314
Widell, Inc. Job No. 652
Project:
Basin S-3 Pump Station Renovations
Owner:
South Broward Drainage District
6591 S W 160 Avenue
Davie, Florida 33331
(954) 680-3337
Contact Person: Leo Schwartzberg or Neil Kalin
Descri ption:
The Project involved the renovation of the Storm Water
Basin S-3 Pump Station.
Role of the Proposer: General Contractor
Contract Amounts: Bid for $1,239,000.00 to a reduced
scope of$I,058,932.00
Examples of experience in providing review services applicable to establish
guaranteed maximum price for this project: Due to budget constraints,
Widell and Calvin Giordano, the Consulting Engineer reduced the Bid Amount
from $1,239,000 to $1,059,000. These engineering changes included credits for
By-Pass Pumping, Pump Factory Tests, Concrete Deck Sizing and reduced size
of proposed Trash Racks while not reducing the intent of the project,
modernizing the S-3 Pump Station.
tC:..I=~T"'" CI^VC:
WIDELL, INC.
(954) 587-0520
~AX 587~6653
Slate Certified No. CG CA09173
Sewage Treatment Works
Water Treatment Works
Substructure Construcllon
l!nrin.eetintj c? on3t'tuction.
5365 STIRLING ROAD
FT LAUDERDALE, FL 33314
Widell, Inc. Job No. 646
Project:
District lA Water Treatment Plant and
Pump Station 450, Emergency Generator Facility
Owner:
Broward County Board of Commissioners
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
(954) 831-0969
Contact Person: Bob Leonard
Description:
The Project involved the construction of a new standby
generator facility to provide temporary power in the event of
electrical failure.
Role of the Proposer: General Contractor
Contract Amounts: Original $2,152,964.00 / Final $2,373,747.00
Examples of experience in providing review services applicable to establish
guaranteed maximum price for this project: The project was designed in
place of an existing treatment plant. Upon demolition of the plant, it was
discovered that the new building could not be built on the poor quality of soils
found under the existing spread footer type building. Thus the re-engineering
and design was considered to provide either an auger cast piling foundation or a
total removal of the unsatisfactory soils and replacement with good quality soil
to construct the building. Auger cast piling was eventually selected due to the
less cost of the auger piling over the steel sheeted excavations.
SAFETY PA VS
AN EQUAL OPPOFlTUNITY EMPLOYER
'WIDELL, INC.
Sewage Treatment Works
Water Treatment Works
Substructure Construction
(954) 587-0520 FAX 587-6653
~
!3trineetLnr {? OItiftuctian.
State Certified No. CG CA09173
5365 STIRLING ROAD
FT. LAUDERDALE. FL 33314
Widell, Inc. Job No. 640
Project: Wastewater Plant Upgrade
Naval Air Station
Key West, Florida
Owner: Department of the Navy
Southern Division
Naval Facilities Engineering Command
Description: The work includes upgrading existing wastewater treatment plant
with new bar screens and grit collection system, new and
renovated clarifiers and aeration tanks, new sludge drying beds,
pump and compressed air blower building, an elevated control
building, pumps, extensive piping, and incidental related work.
Primary construction is cast-in place concrete and concrete
masonry.
Role of Proposer: Construction Manager and Quality Control Manager
Original and Final Contract Amount: Original $2,336,000 Final $2,363,460
Examples of experience in providing engineering review services that are
applicable to the design being undertaken by the project: Selection of
equipment and review of shop drawings for conformance to project
requirements. Notification of conflicts in plans and specifications, including
such items as structural clearances, and piping conflicts with existing utilities.
SAFETY PA vS
AN EOUAL OPPORTUNITY EMPLOYER
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Advisory personnel means the members of those city boards and agencies whose sole
or primary responsibility is to recommend legislation or give advice to the City
commissioners.
Autonomous personnel includes but is not limited to the members of the housing
authority, personnel board, pension boards, and such other autonomous or
semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day
policy setting, operation and management of certain defined functions or areas of
responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all
department heads, the City attorney, chief deputy City attorney and all assistant City
attorneys; however, all departmental personnel when acting in connection with
administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal
who seeks to encourage the passage, defeat or modification of any ordinance,
resolution, action or decision of any commissioner; any action, decision,
recommendation of any City board or committee; or any action, decision or
recommendation of any personnel defined in any manner in this section, during the time
period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the City commission, or
a City board or committee. The term specifically includes the principal as well as any
agent, attorney, officer or employee of a principal, regardless of whether such lobbying
activities fall within the normal scope of employment of such agent, attorney, officer or
employee.
Quasi-judicial personnel means the members of the planning board, the board of
adjustment and such other boards and agencies of the City that perform such
quasi-judicial functions. The nuisance abatement board, special master hearings and
administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, ~ ~ 1,2,3-4-92; Ord. No. 92-2785, ~ ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
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CITY OF MIAMI BEACH
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Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the
City clerk. Every person required to register shall register on forms prepared by
the clerk, pay a registration fee as specified in appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has
employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City
commissioner or personnel who are also sought to be lobbied shall require that
the lobbyist file an amendment to the registration forms, although no additional
fee shall be reqLired 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 dient shall file an
appropriate notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section,
registration of all lobbyists shall be required prior to October 1 of every
even-numbered year; and the fee for biennial registration shall be as specified in
appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial or professional relationship, or
other relationship giving rise to an appearance of an impropriety, with any current
City commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section shall be
deposited by the clerk into a separate account and shall be expended only to
cover the costs incurred in administering the provisions of this division. There
shall be no fee required for filing a notice of withdrawal, and the City manager
shall waive the registration fee upon a finding of financial hardship, based upon a
sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of
commerce or a trade association or trade union), without special compensation
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 143
or reimbursement for the appearance, whether direct, indirect or contingent, to
express support of or opposition to any item, shall not be required to register with
the clerk as required by this section. Copies of registration forms shall be
furnished to each commissioner or other personnel named on the forms.
(Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual
privity with the City who only appears in his official capacity shall not be required
to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before
the city commission, planning board, board of adjustment, or other board or
committee and has no other communication with the personnel defined in section
2-481, for the purpose of self-representation without compersation or
reimbursement, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including
but not limited to those who are members of homeowner or neighborhood
associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or
appealing a code violation, a nuisance abatement board hearing, a special
master hearing or an administrative hearing shall not be required to register, nor
shall any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, ~ ~ ~ 4,5,3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments,
including the offices of the mayor and city commission, the offices of the city manager,
and the offices of the city attorney, shall maintain sgned sig~in logs for all noncity
employees or personnel for registration when they meet with any personnel as defined
in section 2-481.
(Ord. No. 92-2785, ~ 6,6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed
statement under oath listing all lobbying expenditures in the city for the preceding
calendar year. A statement shall be filed even if there have been no expenditures
during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the
lobbyist registrations filed. All logs required by this section shall be prepared in a
manner substantially similar to the logs prepared for the state legislature
pursuant to F .S. ?11.0045.
(c) All members of the city commission and all city personnel shall be diligent to
ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
BID NO: 10-02/03 CITY OF MIAMI BEACH
DATE: 04/08/03 144
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, f 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: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
145
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 CONSULTANTj
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, RFO, or
bid for the solicitation of goods and services between any person and the procurement
director or his/her designated staff responsible for administering the procurement process
for such RFP, RFO 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: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
146
service providers, bidders, lobbyists, and consultants doing business in the City of Miami
Beach, the Administration and the City Attorney's Office herein recommends that the
Mayor and City Commission amend the City's Cone of 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 Beach
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 projects~ etAer
thOA al:lait contractt'>o
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on:
(a) any communication regarding a particular request for proposal rRFP"),
request for qualifications rRFO"), reEll:lest fer letters of iAterast ("RFLI").
or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and the city's administrative staff including, but not limited to,
the city manager and his or her staff;
(b) any communication regarding a particular RFP, RFO, RFtJ, 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, RFO, RFY. or bid
between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation and/or selection
committee therefor; aM
(d) any communication regarding a particular RFP, RFO, RFtJ, or bid
between the mayor, city commissioners...or their respective staffs...and
SAy !!,member of a city evaluation and/or selection committee therefor;
(e) anv communication reaardina a oarticular RFP. RFQ. or bid between the
mayor. city commissioners, or their respective staffs and a ootential
vendor, service orovider, bidder, lobbvist. or consultant. N9~witR6laRaiAg
tl:le fQregeiRg, tRe GeRe of silonoo shall not 3Jlply to Gompetitive
pfOSeSS9& for tllB award of CDBG. HOME, SHIP aAd SI:lAaX FI:lAaS
adffiinisterea ey U19 sit}' offiCE> af oomml;Jnity EtevelOplfleAt, and
oommltlRisatioRs with the city attorney and t:lis or her staff.
BID NO: 10-02/03
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CITY OF MIAMI BEACH
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(2) Procedure.
a. A The cone of silence shall be imposed upon each RFP, RFO, ~
aM or bid after the advertisement of said RFP. RFQ, RFY, or bid. At
the time of imposition of the cone of silence, the city manager or his
or her designee shall provide for public notice of the cone of silence.
The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate2
a1illat the time the city manager makes his or her written
recommendation as to selection of a particular RFP. RFQ, RFY, or
bid to the city commission, and said RFP, RFQ, RRl, 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-commission and the G-fity 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, RFO, RJO.Y, or bid is
awarded~
-eF-&) illlin the event of contracts for less than $25,OOO~ when the city
manager executes the contract.
(3) Exceptions. The pr~"ision& 9f tRis ordinaAs9 cone of silence shall not apply
to:
(a) competitive orocesses for the award of CDBG. HOME. SHIP and Surtax
Funds administered by the city office of community develooment: and
(b) communications with the city attorney and his or her staff.
(a1 @oral communications at pre-bid conferences;
{b} {Qloral presentations before evaluation and/or selection committees;
~~ontract discussions during any duly noticed public meeting;
(Q}-ill public presentations made to the city commissioners during any duly
noticed public meeting;
{-&} !9.l contract negotiations with city staff following the award of an RFP,
RFQ. RRJ; or bid by the city commission;
(.f1 !bJ communications in writing at any time with any city employee, official
or member of the city commission, unless specifically prohibited by the
applicable RFP, RFO. ~ or bid documents; Of
BID NO: 10-02/03
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CITY OF MrAMI BEACH
148
&l-ill 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 ~ommission meeting.
fR-t(j) communications recardina a oarticular RFP. RFQ or bid between the
procurement director, or his/her administrative staff responsible for
administering the procurement process for such RFP. RFQ or bid and a
member of the evaluation/selection committee therefor. provided the
communication is limited strictlv to matters of process or procedure alread'!(
contained in the correspondina solicitation document;
!Is} duly noticed site visits to determine the competency of bidders reaardina
a particular bid durinc the time period between the ooenine of bids and the
time the city manaeer makes his or her written recommendation:
ill any emeroency procurement of coods or services:
(m) communications recardina a particular RFP. RFQ. or bid between any
person, and the procurement director. or his/her administrative staff
resoonsible for administerinc the procurement process for such RFP. RFQ.
or bid. provided the communication is limited strictlv to matters of process or
procedure alreadv contained in the corresoondinQ solicitation document.
!nl.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.
(9) Awdit eeAtraGts.
(1) "CeRe af silence" is Rer.eby dol'ined to moaR a f)FO!:libitieR eR: (a) ony
commllnications regarding.) par:ti(;lllar RFP, R~Q. RFU, or bid between a
potential vondor, servise provider, bidder, lo!:ll:lyist, or consllltanl and the
mayor, sit)' ElommissieRBF6 ar t!:leir FeGf)edive 6tafts, and aAY meml:ler of the
city's admiAistr-ative €taft iRGll:lding, but Rat limitod to the city maRa!}er ar-llJ his
or her staff, and (b) eRY oml commllAieation re!)arding a pal'lisl:Jlar RFP,
RFQ, RRI, or !:liS bet\veen the mayer, eity GaFRmiG&ioners ertneir r.eGpootive
GtaffG and nAy momber of tho city's admiRistrntivo staft includiAg, blll not
limite'" to, the city manager arid his or !:ler staff; SA'" (s) any GaFAFAuniootioR
r-egarding a particular RFP, RFQ, R~b.l, or bid betwecm e ",steRliel vORder,
GeNice provider. biGl"'er. lobbyist, or GaRsulklRt and any memBer of a city
ov-alkJation and/or soleclioA sammiltea; and (d) SRY GOmmuRieatioR Fe!)arding
a partisldlar RFP, RFQ or bid bOl\v99A tho Mayer, City CemmisGioReF6 er
tReir F06peGtivo Glaffs and any member elf a city ovaluation aRd/~r GoleGlion
committee. NotwitRstanding the fof9going, the OORe of sUsTlce snail net apply
to Gomml:lnicatiElFlS with the city attorney and his or her staff.
(2) I:xsept 3S flF9viEleEl iF! Sl:l9S9GtioAS (b)(J) aRd (13)(1) !:lereet, a GORe af silonce
Ghall Be im",oceEl \;Ipon 03(;1:1 RFP, RFQ, RFU, or biE! fer aUGit serviees after
Ihe aElvor-tisemBAt of saie RFP, RFO, RFU, or bie. At tt:le lime af the
impositioA of Ihe cone of silence, tl:le sity man3!)er or Ris or Rer desi!'lflee
BID NO: 10-02/03
DATE: 04/08/03
CITY OF MIAMI BEACH
149
shall JilFOvjtie for tl:le JilYblie notice of tho cene of silence. The cone of silence
shall terminate a) al the time the oity mana!iler makes his or her written
f9commendalion as to seloGtien ef a partic~lar RFP, RFQ, RFLI, or eia te4he
city commis€ion, ana said RFP, RFQ, RFLI, or bid is n.....orded; provided,
hO'Never, thnt follo>.ving the Manager making !:lis or hor written
recommendation, tl:le cone ef silonco shall Be lifted as relates to
GemmwniGations between the Mayer and Memben; of the Commission and
the City Manager; provising further if tRG sit" cemmissioR Forero the
manager's recommemlatiOfl-back to the-GitY~6taff fer funhe!'
roview, tile cons of silence Gholl continI;J9 ",ntil such time as the manager
makes a sUDsoquent writtoA rosemmeRdatioA, and the particl:llarRFP, RFQ,
RFLI, er bid is awardel'il or b) in tho ovent ef Gontracls for loss than $25,000
when tile city manager exes",tes the contFast.
(3) Nothing contained herein 8Rall prehibit any bidder, preposer, veRser, service
pr-o'lider, lobbyist, or consultant (I) from m3kiRg /lublic presentations at duly
noticed pre-bid-ooAfefences or l>efer~~
meetings; (ii) from on!iJaging in GOntraol disclJssions during ony E1uly noticed
publio FR99ting; (iii) fraFR oF'lgaging in GontFast negotiations wit'" oity staff
followiFlg the a'N3rd af an RFP, RFQ, RFU, or bid for ill:lsit by the Gj~'
~iv) from communisating in WAliR!,! with any sitl emllloyee ar
official for purpo€e& of Eooking clarification or 3dditienal information from tho
city or respclAaing to the oity's request for clarification or aGsitianal
inKlFFflation, SU~9st te the previsions of t!:le a~pliGab19 RFP, RFQ. RFU, or
Bic EloewmeAts. TAe bidder or proposer etc. shall file 3 copy of any written
oomm",nisatien with the sity elerl<:. Tile city GleFk sl:lall make capias available
to the g9Reml pl:lblis "'pen requost.
(~) ~lothiAg ceRtained l:ler:eiFl shall pr:el'libit aRY lobbyist, bisser,_proposer,
vandor, servics previdsr, &OnEultanl, Elr elRer pOI'6ElA or antity.from pwbliGly
addrasEing the city sommissioReFS E1uring any duly Relisss pllblic FReeting
rogarsing action on any 3I;Jdit contract. The city manager shall inclwse in any
pLlblis EolisitotioA far 31;1diting services 3 statement sisslosing the
reqwiFemonts sf tRis Elivisien.
(G){Ql Violations/penalties and procedures. A violation of this section by a particular
. bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said
bidder, 9f proposer, vendor, service provider, lobbyist, or consultant to the same
procedures set forth in Division 5, entitled :oebarment of Contractors: from City
Work; shall render any RFP award, RFQ award, ~b1 award, 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, RFbI or bid for a contract for the provision of
goods or services for a period of one year. Any person who violates a provision of
this division shall be prohibited from serving on a city evaluation and/or selection
committee. In addition to any other penalty provided by law, violation of any
provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the
city attomey's office or state atlomey'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, dause, 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 Augus t
,2002. which
PASSED and ADOPTED this
31st
,2002.
ATTEST:
~aMk
City Clerk
Letters or numbers that are stricken through are deletions from existing ordinance.
Letters or numbers that are underlined are additions to existing ordinance.
F:\A TTO\OLlJ\RES-ORDICONEOFSILENCE.FNL.DOC
APPROVED ~ 10
FORM & l.ANGUAGE
& FOR CUTION
....
~.20~
Dote
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OFFICE OF THE CITY ATTORNEY
~~ if c.7/Iiomi l1roM
f
L
o
R
D
A
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COM~nSSION MEMORANDlJM
DATE: JULY 31, 2002
TO: MAYOR DAVID DER1\lER
MEMBERS OF THE CITY COMMJSS
FROM:
MURRAY DUBBIN
CITY A TIORNEYAV
JORGE M, GONZALEZ
CITY MANAGER
SECOND READING
PUBLIC HEARlNG
SUBJECT: AMEI"iDMEl"Il TO CITY'S "COI'l'E OF Sll..ENCE" ORDINA..."IICE
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. The approved
amendments to the County's Ordinance, which the City Manager and the City Attorney's Office
herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordinance,
are as follows:
(I) Extending the prohibition on oral communications regarding a particular RFP, RFQ,
and bid for the solicitation of goods and selVices to those between a potential vendor,
selVice 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 and/or selection
committee to communicate upon a particular evaluation and/or selection committee
Agenda Item
1700 Conveotion Center Drive - Fourth Floor - Miami Bud 0
ate
ASC
7-3/-t);)-
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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 respect for the importance of
ethical business standards in the community; and
WHEREAS, the GMCC encourages its members to adopt the principles and
practices outlined in the Model Code; and
WHEREAS, the Commission believes that each entity which does business with
the City of Miami Beach should be required, as a condition of doing business with the
County to adopt a Code of Business Ethics.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Each person or entity that seeks to do business with the City shall
adopt a Code of Business Ethics ("Code") and submit that Code to the City Manager or
his or her designee prior to execution of any contract between the contractor and the City.
Thc 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
ATTEST: ,
. VL YOR
_K{L~l\?r' fCiA..C(-"-
CITY CLERK
APPFiOVED AS TO
Fe RM & LANGUAC:-,:
& FOREXECunOi',
dilJiJ$1l!
o/'~ 7 -c 'V
,
, .
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GREATER MIAMI CHAMBER OF COMMERCE
MODEL CODE OF BUSINESS ETHICS
STATEMENT OF PURPOSE
The Greater Miami Chamber of Commerce f'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 incorpolate the principles and practices outlined here in their individual
codes of ethics which will guide theil relationships with customers, clients and suppliers. This Model
Code can and should be prominently displayed at all business locations and may be incorporated into
marketing materials. The GMCC believes that its members should use this Code as a model for the
development of their organizations' business codes of ethics.
This Model COde is a statement 01 principles to help qui de decisions and actions based on resped lor the
importance at eth,cal business standards in Ihe community. ,he GMCC believes the adoption of " meeningful code
at ethICS IS the responSibility 01 every business and profeSSional orgonl/otion.
Compliance with Government Rules & ReClulations
We will properly maintain all records and post all licenses and certificates
in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in
accordance with all applicable rules and regulations and in the open;
We will report contract irregularities and other improper or unlawful business
practices to the Ethics Commission, the Office of Inspector General or
appropriate law enforcement authorities.
Recruitment. Selection & Compensation of Vendors and Suppliers
We will avoid connicts of interest and disclose such conflicts when identified;
Gifts which compromise the integrity 01 a business transaction are unacceptable;
we will not kick back any portion of a contract payment to employees of the other
contracting party or accapt 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
accounts.
Promotion and Sales of Products and Services
Our products will comply with all 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 net falsely disp<lrage our competitors;
Ooinq Business with the Government
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We vAil conduct business with government agencies and employees in a manner
which avoids even the appearance of impropriety. Efforts to curry political
favoritism are unacceptable;
Our bids will bo competitive, appropriate to the bid documents and arrived at
independently;
Any challenges to contracts awarded will have a substantive basis and not be
pursued merely because we are the unsuccessful bidder;
We will, to the best of our ability, pll/form 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 government officials, their family members
or business associates.
We will not seek or expect preferential treatment on bids based on our
participation in political campaigns.
PubliC: Life and Political Cllmpaians
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We encourage all employees to participate in community lite, 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 Ihe Fair Campaign Practices Ordinance.
We will not knowingly disseminate false campaign information or support those
who do.
Company Name
Corporate Officer
Date
CITY OF MIAMI BEACH
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE
VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5,
ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING
FOR DEBARMENT OF CONTRACTORS FROM CITY WORK;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND
AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procurement", is hereby amended by adding the following Division 5, entitled -
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397.
Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to
subcontractors with responsible contractors only: To effectuate this police, the
debarment of contractors from City work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only
when it is in the public interest for the City's protection. and not for purposes of
punishment. Debarment shall be imposed in accordance with the procedures
contained in this ordinance.
Section 2-398.
Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are
affiliates of each other if, directly or indirectly. (I) either one controls or has the
power to control the other, or (ii) a third part controls or has the power to control
both. Indicia of control include, but are not limited to. a fiduciary relation which
results tom the manifestation of consent by one individual to another that the
other shall act on his behalf and subject to his control, and consent by the other
so to act; interlocking management or ownership; identity of interests among
family members; shared facilities and equipment; common use of employees; or
a business entity organized by a debarred entity, individual, or affiliate following
debarment of a contractor that has the same or similar management, ownership,
or principal employees as the contractor that was debarred or suspended.
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(b) Civil judgment means a judgment or finding of a civil offense by any court of
competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is
awarded" or reasonably may be expected to submit offers or be awarded
a City contract, including, but not limited to vendors, suppliers, providers,
Bidders, Proposers, consultants, and/or design professionals, or
(2) Conducts business or reasonable man be expected to conduct business.
with the City as an agent" representative or subcontractor of another
contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony
or misdemeanor, by any court of competent jurisdiction. whether entered upon a
verdict or a plea. and includes a conviction entered upon a plea of nolo
contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a
contractor (and. in limited instances specified in this ordinance. a Bidder or
Proposer from City contracting and City approved subcontracting for a
reasonable, specified period as provided in subsection (j) below: a contractor so
excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each
appointed by the Mayor and individual City Commissioners, to evaluate and. if
warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proof by information that,
compared with that opposing it , leads to the conclusion that the fact at issue is
more probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
by competent authority charging a criminal offense shall be given the same effect
as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party
or any criminal proceeding. The term includes appeals from such proceedings.
0) List of debarred contractors means a list compiled, maintained and distributed by
the Oty?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 srall:
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(1) Compile and maintain a current. consolidated list (List) of all contractors
debarred by City departments, Such List shall be public record and shall
be available for public inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if
necessary, to all departments. to the Office of the City Manager and to the
Mayor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City
official responsible for its maintenance and distribution.
(b) The List shall indicate:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The names and addresses of all contractors debarred. in alphabetical
order;
The name of the department that recommends initiation of the debarment
action;
The cause for the debarment action, as is further described herein. or
other statutory or regulatory authority;
The effect of the debarment action;
The termination date for each listing;
The contractor's certificate of competence or license number, when
applicable;
The person through whom the contractor is qualified, when applicable;
The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(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 conducting 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. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the
City Manager pursuant to subsection 2-405(h) below. except that if a City
department has contracts or subcontracts in existence at the time the contractor
was debarred, the debarment period may commence upon the conclusion of the
contract. subject to approval of same be 5/7ths vote of the Mayor and City
Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current
contract or consent to subcontracts with debarred contractors, unless the City
Manager determines that an emergency exists justifying the renewal or extension
or for an approved extension due to delay or time extension for reasons beyond
the contractor's control and such action is approved by 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 ronnection with a
continuing contract where the work is divided into separate discrete groups and
the City's refusal or denial of further work under the contract will not result in a
breach of such contract.
Section 2-402.
Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract
subject to City approval, the department shall not consent to subcontracts with
such contractors unless the City Manager determines that an emergency exists
justifying such consent and the Mayor and City Commission approves such
decision by 5/7ths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other
expenses incurred by a contractor as a result of rejection of proposed
subcontractors pursuant to subsection 2-402(a) above, provided the
subcontractor was debarred prior to bid opening or opening of proposals, where
the contract was awarded be the City pursuant to an RFP, RFO, RFU, 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 )
(2)
(3)
(4)
For commiSSion of a fraud or a criminal offense in connection with
obtaining attempting to obtain, performing, or making a claim upon a
public contract or subcontract or a contract or subcontract funded in whole
or in part with public funds;
For violation of federal or State antitrust statutes relating to the submission
of offers;
For commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;
Which makes the City the prevailing party in a legal proceeding and a
court determines that the lawsuit between the contractor and the City was
frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth
hereinbelow a Bidder or Proposer) based upon a preponderance the greater
weight of the evidence, for;
(1) 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 investigatilll 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 te rms sufficient
to put the contractor and any named affiliates on notice of the conduct or
transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a
date and time not less than thirty (30) days after service of the notice.
The notice shall also advise the contractor that it may be represented by
an attorney, may present documentary evidence and verbal testimony,
and may cross-examine evidence and testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of
proposed debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the
contractor must furnish the City's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the
list, in writing, at least seven (7) working days prior to the hearing or fails to seek
an extension of time within which to do so, the contractor shall have waived the
opportunity to be heard at the hearing. The Debarment Committee has the right
to grant or deny an extension of time, and for good cause, may set aside the
waiver to be heard at the hearing, and its decision may only be reviewed upon
an abuse of discretion standard.
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(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole
basis for initiating a debarment procedure nor the sole basis of any
determination of debarment. The hearing shall be transcribed, taped or
otherwise recorded by use of a court reporter, at the election Committee and at
the expense of the City. Copies of the hearing tape or transcript shall be
furnished at the expense and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or
judgment, or in which there is no genuine dispute over material facts, the
Debarment Committee shall make a decision on the basis of all the undisputed
material information in the administrative record, including any undisputed,
material submissions made by the contractor. Where actions are based on
disputed evidence, the Debarment Committee shall decide what weight to attach
to evidence of record, judge the credibility of witnesses, and base its decision on
the prepondenance greater weight of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's decision shall be
made within ten (10) working days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's
factual findings, the principal causes of debarment as enumerated in this
ordinance, identification of the contractor and all named affiliate: affected by the
decision, and the specific term, including duration, of the debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt requested, or hand delivery,
within ten (10) working days of the decision, specifying the reasons for
debarment and including a copy of the Comrnittee's written decision;
stating the period of debarment, including effective dates; and advising
that the debarment is effective throughout the City departments.
(2) If debarment is not imposed,the City Manager shall notify the contractor
and any named affiliates involved ,by certified mail. return receipt
requested. or personal service, within ten (10) working days of the
decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on
the date the notice is signed by the City Manager. Decisions of the Debarment
Committee are subject to review by the Appellate Division of the Circuit Court. A
debarred contractor may seek a stay of the debarment decision in accordance
with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
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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) For commission of an offense as described in subsection 2404(a)(1): five
(5) years.
(2) For commission of an offense as described in subsection 2404(a)(2): five
(5) years.
(3) For commission of an offense as described in subsection 2404(a)(3): five
(5) years.
(4) For commission of an offense as described in subsection 2404(a)(54):
two (2) to five (5) years.
(5) For commission of an offense as described in subsections 2404(b)(1) or
(2): two (2) to five (5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of
debarment, upon the contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment
was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons
for requesting a reduction in the debarment period, The City's Procurement
Office, with the assistance of the affected department shall have thirty (30) days
from receipt of such request to submit written response thereto. The decision of
the Debarment Committee regarding a request made under this subsection is
final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
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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 February, 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 determi nations 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 br 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. A'otests arising from the decisions
and votes of any evaluation or selection committee shall be limited to protests
based upon alleged deviation(s) from established purchasing procedures set
forth in this Code, any written guidelines of the Procurement Department, and
the specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes
of this ordinance, "business day" means a day other than Saturday,
Sunday or a national holiday), from the time the facts become known
and, in any case, at least two (2) business days prior to the opening
of the. Such protest must be made in writing to the City Manager or
his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent
documents and evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. Failure to timely
protest bid specifications, requirements and/or terms is a waiver of
the ability to protest the specifications, requirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of
any evaluation or selection committee as provided in subsection (a)
above, shall be submitted in writing to the City Manager, or his or her
designee. The City will allow such bid protest to be submitted anytime
until two (2) business days following the release of the City
Manager's written recommendation to the City Commission, as same
is set forth and released in the City Commission agenda packet, for
award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds
on which it is based, and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. All actual bidders shall be notified in
writing (which may be transmitted by electronic communication, such
as facsimile transmission and/or e-mail), following the release of the
City Manager's written recommendation to the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may
protest to the City Manager or his or her designee anytime during the
procurement process, up to the time of the award of the purchase order,
but not after such time. Such protest shall be made in writing and state the
particular grounds on which it is based and shall include all pertinent
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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 rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. The
determin3tion of the City Manager and the City Attorney with regard to all
procedl:Jral and technical matters shall be final.
(f) Decision and Appeal Procedures. If the bid protest is not resolved by
mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the recision. 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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0) Protests nottimely 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 Manaqer and the City Attornev with reqard to
all procedural and technical matters shall be final.
Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and
the same are hereby repealed.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to
be invalid or unconstitutional by any court of competent jurisdiction,
then said holding shall in no way affect the validity of the remaining
portions of this Ordinance. It is the intention of the Mayor and City
Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this Ordinance shall become and be made part
of the Code of the City of Miami Beach, Florida, The sections of this
Ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
Section 4. This Ordinance shall take effect ten (10) days after its adoption on
the 19th day of January. 2002.
PASSED on First Reading this 19th day of December ,2001.
PASSED and ADOPTED on Second Reading this 9th day of January. 2002.
A TrEST: ~
~~ (JAJr-
FoIA 1TOIAG.VRlIlESOSIBIDPRl)TS.nlI2.dc<
FOAPPROvEo AS 10
RM&l.ANGUAGE
& fOR EXECUTION
~ Io.i--~(
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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. Each lobbyist and his/hEll' principal shall, before enqaqinq in any lobbyinq
activities, submit to the City Clerk a iOint siqned statement under oath disclosinq the
terms and amounts of compensation (to be) paid by each principal to the lobbyist with
reoardtothe specific issue on which.the 10bbYisthasbeenenqaqedto..lobbY:.e~Ch
princi~al&hallalso,prior totheloeevinQoctivities t~kinq{)la()o, subrnitto tho Citv Clork
a sicmedstatemontundor. oathdisclosinqthe terms and arnount ofoo~ponsation (to
be) paid to oach 10bbvistenoaQed by tho principal with reQard to the specific issue on
which tho lobb','isf has boon ohQooed to lobbv. If no compensation has or will be paid
concerninq the subiect lobby services. a statement shall nonetheless be filed reflectinq
as such.
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c. Any change to information originally filed shall require that the lobbyist (af
and principal under subsection (b) above) file, within three business davs from such
chanqed circumstances, ::m 3mendrnont siqned statement under oath amendinq to
the above-referenced reports: additionally. in the event official action on the specific
lobbied issue is scheduled to occur durinq said three day period, the lobbyist and
principal shall. prior to said official action, further disclose the amendment by publicly
statinq on the record at which the official action is to occur the subiect amendment.
The lobbyist (Gf and principal) has. have a continuing duty to supply accurate
information and amend said reports when so needed.
f9j @ 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.
~ 1m. 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.
(G1 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 May, 2002.
A TrEST:
MAYOR
lJw;X p~
CITY CLERK
(Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon
Cruz, Jose Smith and Richard Steinberg)
Shadedlaogaag~ reflects changes between first and second reading.
JKOIkw
F:A TTOIOLlJIRES-OR0I2-4B5. ORD.DOC
APPROVED AS 10
FORM & t>>lGUAGE
& FOREXEClJTION
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1 Aj M 0 udt_l-I-' ~-av
~-' Dale
CITY OF MIAMI BEACH
173
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. 38-& 2-487. Prohibited Campaign Contributions by Vendors
fajA. General.
(1) ill). No flemoB who is a vendor to the eity shall give a campaign contribution
directly,or tffi"eMgH a member of the fleF5ea's i_ediate family, er t-brm~gh a
pelitieal aetisR eemmittee, or threugH aBY otHer flerssR, 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 Clualifications
(RFO). 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 candidate for thc offices of
mayor or commissioner, shall solicit or reeeive deposit into such candidate's
campaign account any campaign contribution directly or indirectly from a perseR
who is a vendor te the eity, or through a meFABer af the person's il}lFAediate
faH'lily, or tllroHgh a political action con'lH'littee, or through any otller person Oil
behalf of the perSOIl Tllis prohiBitian applies to natlual persans and ta persons
WAO Held a controlling financial interest iF! business entities. Candidates (or
those acting on their behalf) shall ensure compliance with this code section by
confinning with the Procurement Division's City records (including City of
Miami Beach websitel 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
proHibition section Each act of salicitation, giving or reeeiviRg depositing a
contribution in violation of this paragraph section shall constitute a separate
violation. All contributions reeeh'ed deposited by a candidate in violation of this
paragraph section shall be forfeited to the city's general revenue fund.
(3) A person or entity who directly or through a member af the pemoR's in'llTlediate
family, or tAraHgh a \,!elitieal aetieR ealTlfRittee, ar threl:lgH aF!Y otHer pemon
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 traRsaetinf; bl:lSiRess serving
as a vendor with the city. This prohibition on transacting Bl:Isiness with tHe city
H-lay Be waived only in tAe FAanRer pro'lidee hereinBelow in subsectioR (8).
(4) As used in this section:
(a) 1., A "vendor" is a person and/or entity who traRsacts busiRi!lss with the
city, or has been approved by the city commissioR ta transaet basiRess
witA the city, or is Iistes OR tHe city manager's approved 'lender list.
selected by the City as the successful bidder on a present or pending bid
for goods. equipment or services, or has been approved by the City on a
present or pending award for goods. equipment or services, prior to or
upon execution of a contract, purchase order or standing order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The tem "controlling
financial interest" shall mean the ownership, directly or indirectlv. of
10% or more of the outstanding capital stock in any corporation or a
direct or indirect interest of 10% or more in a finn. The ternl "firnl" shall
mean a corporation, partnership, business trust or any legal entity other
than a natural person
1, For purposes of this ordinance. "vendor" status shall teminate upon
completion of the agreement for the provision of goods, equipment or
servIces.
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ill For purposes of this section, the teml "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.
fbt .^. "eantribution" is:
-h .^. gift, sl:lbseription, eonveyanee, deposit, IElan, )'layment, or
distribl:ltion of money or anything of vall:le, ir-lCll:lding
eontributions in Ilind having an attributable }1'lOnetary value.
b .^. traHsfer of [tiRes between politieal esmlflittees, between
eommittees ef esntinl:lol:ls existenee, Elr between a politieal
eommittee and a eamlflittee of eontinuo\:ls e)listenee.
J.., The payment, by any )'leman other than a eandieate or politieal
eElR-llflittee, of eOlflpensatiEln fer the personal serviees of another
person Vihieh are renaered to a candidate or )'lalitieal eommittee
without eharge tEl the eandidate or eEllfllflittee for sueh serviees.
4: The transfer Elf f\:lnds 8Y a eampaign treas\:lrer or deputy ealHpaign
treasl:lrer between a primarj' de)'lElsitory and a sepaFate
interest bearing aeeount sr eertifieate of depasit, and tHe term
includes any interest earned on sl:leh aeeaunt or eertifieate.
lfl The teml contribution shall have the meaning ascribed to such term in
Chapter 106. Florida Statutes, as amended and supplemented (copies
available in City Clerks office).
fb1 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) :\R open ts all sealed CEllflfletitive !lliL.ill: flreposal has been sl:lbmittea and the
eity offieial/donee has in no way partiei)'lated in the aetermination Elf the bid
speeifieatisns sr bid award;
~ill The )'lro)'lerty goods. equipment or services to be involved in the proposed
trarnaction are unique and the city cannot avail itself of such pro)'lerty goods.
equipment or services without entering into a transaction which would violate
this section but for waiver of its requirements; or
91ill The business entity involved in the proposed transaction is the sole source of
supply within the eity as determined by the City's Procurement Director in
accordance with procedures established in section 2-367(c) of the Miami Beach
City Code; or
-f41ill 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 detennined by a five-sevenths vote
of the city commissiol1:-; or
ffi
if
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A
Any grant of waiver by the city commission must be supported ,ith a full disclosure of the
subject campaign contribution.
We. Applicability. This section shall be applicable only to prospective transactions, and the
city commission may in no case ratify a transaction entered into in violation of this
section.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section", "article," or other appropriate word.
SECTION 5. F.FFRC'TIVE DATE
This Ordinance shall lake effect the
PASSED and ADOPTF.D this ~ da)' of ~!l
.2003.
ATTEST:
~T~!~~
(Requested by Commissioner Jose Smith. and approved by Community Affairs Corrunittee)
(Passed on 1st Reading on December 11,2002)
JKO\kw
F:".no\OUJ'.RE5'(>RD'JS-.6.N~. do.:
Ord1~ance;No..2003~3389
NfJ~M'ft')
PORMlv.NGUAGI
&IOflDECUnON
L'l-"'~-" 2-
DIIII
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