HomeMy WebLinkAboutBid 23-04/05
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INVITATION FOR BIDS
CONCRETE CURBING/SIDEWALK
CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS,
AND THE STRIPING OF CITY STREETS AND
PARKING LOTS
BID # 23-04/05
BID OPENING: July 29, 2005 AT 3:00 P.M.
http:\\www.miamibeachfl.gov
E-mail: romanmartinez(ii)miamibeachfl.gov
Telephone: 30S.673.7490
Facsimile:30s.673.7851
CITY CLERK
BID NO: 23-04/05
DATE: 06/21/05
CITY OF MIAMI
BEACH
1
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AGREEMENT
THIS AGREEMENT made this 7th day of December 2005, A.D. between the CITY OF
MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall
include its successors and assigns, party of the one part, and
H & R PAVING.. INC..
1955 NWIIO AVENUE
HIALEAH. FLORIDA 33172
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated "CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND
THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE
STRIPING OF CITY STREETS" by said City, do hereby mutually agree as follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, successors and assigns. Neither this
Agreement nor any part thereof nor any part of the Work herein contemplated, shall be
assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of
said City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict
with this written Contract, are as much a part hereof as if copied herein. If conflicts exist
between them and this written instrument, only that part of the matter in direct conflict
herewith shall not be construed to be a part hereof:
3. 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 not
limited to: Payment and Performance Bonds, and Insurance Certificate) and after
execution of the Contract by both parties.
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.
ITB 23-04/05
Agreement Page 1 of 3
The Contractor shall submit all necessary documents required by this provision within
twenty-one (21) calendar days of the issuance of the first Notice to Proceed.
The Contractor shall commence work within five (5) days of the second Notice to
Proceed and shall construct and complete in a good and workmanlike manner the
materials herein referred to, strictly in accord herewith the following:
3.1 As Task Orders are identified substantial completion times will be mutually
agreed upon between the successful contractor and the City. Liquidated
damages of $25.00 per day will be deducted from the contract sum for each
calendar day elapsing beyond the specified time for completion for each Task
Order.
3.2 Damages - City and Contractor recognize that the City will suffer direct financial
loss if Work is not completed within the Contract times specified in paragraph 3.1
above plus any extensions thereof allowed. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding
the actual loss suffered by Owner if the Work is not completed on time, and
therefore time is of the essence. Accordingly, instead of requiring any such proof
Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but
not as a penalty) the amount of Twenty-Five Dollars ($25.00) for each calendar
day that expires after the Contract Time specified in paragraph 3.1 for
Substantial Completion until the Work is substantially complete. After
Substantial Completion if Contractor shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time, Contractor shall pay Owner Twenty-
Five Dollars ($25.00) for each calendar day that expires after the time
specified in Paragraph 3.1 for completion and readiness for rmal payment.
These amounts represent a reasonable estimate of Owner's expenses for extended
delays and for inspection, engineering services and administrative costs associated
with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all
reasonable times.
5. If any dispute arises between the City and said Contractor with reference to the meaning
or requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said
City shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the
time for its completion hereinbefore stated shall not deprive City of the right to exercise
any option in this Agreement contained nor shall it operate to alter any other term of this
Agreement.
ITB 23-04/05
Agreement Page 20f 3
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent
of Contract Amount, in the form as set forth herein or as otherwise approved by the City
of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is an
estimated sum except with regard to the items in the Bid which are subject to unit prices.
Estimated Annual Amount: $315.000
11. The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor
of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the s . d Contractor has caused this Agreement to be
signed it its n
(SEAL)
",
N'PROJ~D AS TO
FOHM & lAi~GUAGE
&,"JR EXECUTION
..
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I Date
David Dermer
ATTEST:
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City Clerk
R'obert Parcher
ITB 23-04/05
Agreement Page 30f 3
Bond No. 010 8553
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA )
ss
COUNTY OF )
Miami-Dade
KNOW ALL MEN BY THESE PRESENTS that we, H&R PAVING, _ INC.
as Principal, hereinafter called Contractor, and
Carolina Casualty' Insurance Company as Surety are firmly bound unto the Cit~ of Miami .
Beach, Florida, as Obligee, hereinafter called the Ci~ in the Penal sum of jg~~~an~n~~a.dN~}f58en
Dollars ($ 315,000.00 ), for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Contractor, on the 7 th day of December , 20~, entered into a
certain contract with the City, hereto attached, for BID# 23-04/05, Entitled, " CONCRETE
CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC
CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY STREETS"
which Contract is made a part hereofby reference thereto.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that,
if the Contractor shall well and tml y perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being h.ereby
waived, then this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City
having performed the City's obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and
the Surety of the lowest responsible Bidder, arrange for a Contract between such
Bidder and the City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof The term "balance of the Contract
price" as used in this paragraph, shall mean the total amount payable by the City
to the Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to the Contractor.
ITB 23-04/05
PERFORMANCE BOND (contd.)
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it harmless ot:
from and against any and all liability, loss, cost, damage or expense, including reasonable
attorneys fees, engineering and architectural fees or other professional services which the City
may incur or which may accrue or be imposed upon it by reason of any negligence, default, act
and/or omission on the part of the Contractor, any Subcontractor and Contractor's or
Subcontractors agents, servants and/or employees, in, about or on account of the Construction of
the work and performance of said Contract by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and
the Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one (1) year from the date of final acceptance by
the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 22nd day of
December ,20 05
ITB 23-04/05
WITNESS:
COUNTERSIGNED BY
RESIDENT FLORIDA
AZZ:~4:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
Charles D. Nielson
PERFORMANCE BOND (Contd.)
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
H&R Paving, Inc.
(Corporate Name)
(CORPORATE SEAL)
SURETY:
Carolina Casualty Insurance Company
By:
~j) -Ilk
Attorney-in-fact
Charles D. Nielson
(Power of Attorney must be attach.ed)
ITB 23-04/05
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CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Lucrecia Gonzalez, certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that Raul Gonz alez who signed the said bond on
behalf of the Principal, was then President of said Corporation; that I know
his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation b authority orits governing body.
Secretary
Lucrecia Gonzale
- Corporate
Seal
STATE OF FLORIDA)
ss
COUNTY OF )
Miami-Dade
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Charles D. Nielson to me well known, who being by me first duly sworn
Carolina Casualty
upon oath, says that he is the Attorney-in-Fact, for the Insurance Company and
that he has been authorized by them to execute the foregoing
bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn b , 20 ~ A.D.
(Attach Power of Attorne
G Notary Public
1':1\ Gtorie State of Florida- at-Large
· ~ j ~ ComITMIIion D0117W
~OP~ EJcpnIMlln:h27 2007 My Commission E~pires: March 27, 2007
ITB 23-04/05
Berkley Regional Insurtlnce Company
Carolintl Cosualty Insurance Company
NOTICE
Surety. Bon.d Disclosure
N'otice of Terrorism Insurance Covera.ge
Coverage for a.cts of terrorism, a.s defined in . the Terrorism Risk
Insurance Act of 2002 (th.e (tAct"), is i.nclud.ed in. your surety. bond.
You should. kn.ow that~ effective November 26) 2002) any losses
caused by certified acts of terrorism~ as defined. in tbe Act) would be
parti.ally reimbursed. by the United States und.er a formula established
by federal law. Under this formula) the United. States pays 90% of
covered terrorism losses exceeding the statutory established
deductible paid by tbe surety company providing the coverage. The
portion of your bond premiu,m. that is attributable to coverage for acts
of terrorism, as defin.ed in the Act: ~o..oo.
This Endorsement is to be
Attached. to Bond No. 010 8553
and to become a part of the bond.
c/o Monitor Surety Managers, Inc.383 Main Street, Suite 202, Chatham, NJ 07928
POWER OF ATTORNEY
CAROLINA CASUALTY INSURANCE COMPANY
JACKSONVILLE, FLORIDA
No. 282
KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly
organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and
appointed, and does by these presents make, constitute and appoint: Charles J. Nielson or Charles D. Nielson or Warren M, Alter or Joseph P.
Nielson or Olga M. Nielson or Kevin R. Wojtowicz or Robert C. Knoke of Nielson & Company, Inc. of Miami Lakes, FL
its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/100 Dollars
($15,000,000,00)
and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in their own proper persons,
This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company
held on March 30, 1966, to wit:
RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and
Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney
authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company,
and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to
Powers of Attorney executed pursuant hereto".
RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and
they have no authority to bind the company except in the manner and to the extent therein stated.
RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of
attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to
use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,
notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers
and its corporate seal hereunto affixed this 23rt1 day of Sertember . 2001 .
Carolina Casualty Insurance Company
4. ff
By:'/- V"- ~ ---- .
Armin W. Blumberg
President and Chief Executive Officer
WARNING:
TIDS POWER OF A TTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER.
STATE OF FLORIDA)
ss
COUNTY OF DUVAL)
On this 23.rd. day of ~p.pt-pmhPr . 2004 . before me personally came Betty C. Sutherland to me known, who, being by me duly
sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the
above instrument; and tha~/she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Corporation and thatjm'she signed his/her name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the d~y
L 'ARYSEAI~.V~7'
t f 11.nrAda 'i ., US
e 0 NVT. roue STA7'E OF FLORIDA
~ C ! ISSION 1\:0. D0151613
LMY COMMISSrO".;e,:.::p ;P7j" 2.... 2GD6
~"'~;;;:'"""";:'~'C'''-=>loa!:,-:.t.''_~'''~'''''''''"''''';''';>''''''''''':''~~:'
I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true,
correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of
the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date.
Given under my hand and the seal of the Company, this 22nd day of December 2005 .
CERTIFICATE
Bond No.:
Contractor:
Contractor Address:
Contractor Phone No.:
Surety Company:
Surety Address:
Surety Phone No.:
Owner Name:
Owner Address:
Owner Phone No.:
Contract/Project No.:
Project Name:
Project Location:
Legal Description and
Street Address:
Description of Work:
Ni8fson~ }lfter eZ}lS$oda.t~s, Inc,
tBootl (j)epartmmt
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a)
010 8553
H&R. Pavi.D& Inc_
1955 Northwest 110th Avenue
Miami, Florida 33172
(305) 261-3005
Carolina Casualty Insurance Company
4211 West Boy Scout Boulevard, Suite 150
Tampa, Florida 33607
(813) 870-2077
The City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7490
Bid. N'o. ITB-23-o4Io5
Concrete Curbing/Sidewalk Construction., and the Purchase of
Asphaltic Concrete/Related. Materials, and the Striping of City
Streets
Miami Beach) Florida
N/A
Various Locations
Concretel Asphaltic Work
Front Page
All other bondpage(s) are deemed subsequent to this page regardless
of any page number( s) that may be preprinted thereon.
Bond No. 010 8553
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We, H&R PAVING, INC. , as Principal, and
Carolina Casualty
Insurance Company as corporation, as Surety, are bound to the City of Miami
Beach, 'Florida, as obligee, herein called City, in the sum of $ 315,000.00
for the payment of which we bind ourselves, our heirs, personal representatives, successors and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat.,
supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that the City sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
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.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and
made a part hereof for the purposes specified therein.
The contract dated December 7, 2005 between the City and Principal is made a part of
this Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be strictly complied with.
ITB 23-04/05
LABOR AND MATERIAL PAYMENT BOND (contd.)
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 22nd day of
December ,2005
WITNESS:
PRINCIPAL: .
(If sole Proprietor or partnership)
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
H&R Paving, Inc.
(Corporate Name)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
~FSURETY:
,Q~
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
Charles D. Nielson
SURETY:
Carolina Casualty Insurance Company
By:
~[).Il&
Attorney-in-fact
Charles D. Nielson
(Power of Attorney must be attached)
rTB 23-04/05
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CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Lucrecia Gonzalez
, certify that I am the Secretary of the Corporation
named as Principal in the foregoing bond; that Raul Gonzalez
who signed the said
bond on behalf of the Principal, was then
President
of said Corporation;
that I know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
STATE OF FLORIDA)
ss
COUNTY OF )
Miami-Dade
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Charles D. Nielson
to me well known, who being by me first duly
sworn upon oath, says that he IS the Attorney in Fact, for
Carolina Casualty
the Insurance Company and that he has been authorized by
them
to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn befo e me this 22nd
y of December
,20~
A.D.
(Attach Power of Attorney
otary Public
State of Florida-at-Large
~J\.. :-eoo:OO1111M
'\~J ExpiNI ~ 27 20111
My commission Expires March 27, 2007
This bond is given to comply with section 255.05 Florida
Statutes, and any action Instituted by a claimant under this
bond for payment must be m accordaMe with the notice and
time limitation provISions in SectIon 255.05(2), Florida Statutes.
ITB 23-04/05
Berkley Regiolftlllnsurtlnce Coltf.paRY
Carolina CasuJllty Insurance Cl)mptlny
NOTICE
Surety Bond Disclosure
Noti.ce of Terrorism Insurance Coverage
Coverage for acts of terrorism, as defin.ed in the Terrorism Risk
Insura.nce Act of 2002 (th.e '(Act~), is included in your surety bond..
You should kn.ow that, effective November 26, 2002) any losses
caused by certified acts of terrorism, as defined in the Act) would b-e
parti.ally reimbursed by th.e Unit.ed States under a formula established
by federal law.. Under this formula, the United. States pays 90% of
covered terrorism losses exceeding the statutory established
deductible paid by the surety company providing the coverage.. The
portion of your bond premium that is attributable to coverage for acts
of terrorism, as defined in. the Act: ,$0"00,,
This Endorsement is to be
Attached. to Bond N.o.. 010 8553
and to become a part of the bond..
c/o Monitor Surety Managers, Inc.383 Main Street, Suite 202, Chatham, NJ 07928
POWER OF ATTORNEY
CAROLINA CASUALTY INSURANCE COMPANY
JACKSONVILLE, FLORIDA
No. 282
KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly
organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and
appointed, and does by these presents make, constitute and appoint: Charles J. Nielson or Charles D. Nielson or Warren M. Alter or Joseph P.
Nielson or Olga M. Nielson or Kevin R. Wojtowicz or Robert C. Knoke of Nielson & Company, Inc. of Miami Lakes, FL
its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal,
acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/100 Dollars
($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in their own proper persons.
This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company
held on March 30, 1966, to wit:
RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and
Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney
authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company,
and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to
Powers of Attorney executed pursuant hereto".
RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and
they have no authority to bind the company except in the manner and to the extent therein stated.
RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of
attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to
use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company,
notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.
IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers
and its corporate seal hereunto affixed this 23ro day of September ' 2001 .
Carolina Casualty Insurance Company
4. ~
By: P t...-- ~.--- _
Armin W. Blumberg
President and Chief Executive Officer
WARNING:
THIS POWER OF A TTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER.
STATE OF FLORIDA)
ss
COUNTY OF DUVAL)
On this .2.3.rd- day of !=;pph::)m"hPr ,2004 . before me personally came Betty C. Sutherland to me known, who, being by me duly
sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the
above instrument; and thaMlt/she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Corporation and that~she signed hislher name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand ad affixed my official seal; the d~y
.(./ ",\.RY SEAL-""'~'
t t fl1nr.ida " · US
e 0 NCTr. fuuC Sj',i>:fE OF RORIDA
C ISSION i',,:O 1).0151613
; MY COM:i~~I,2.::Lg:~l:~~f:~:]"l~=;
I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true,
correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of
the Attorney-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date.
Given under my hand and the seal of the Company, this 22nd day of December 2005 .
CERTIFICA TE
xxx 1.
xxx 2.
xxx 3.
4.
coverages.
xxx 5.
XXX 7.
xxx 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of
the state of Florida.
Comprehensive General Liability (occurrence form), limits of liability ~
1.000~000.00 per occurrence for bodily injury property damage to include
Premises/ Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written in "insurance requirements" of
specifications).
Automobile Liability - $1,000,000 each occurrence - owned/non-
owned/hired automobiles included.
Excess Liability - $
.00 per occurrence to follow the primary
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
The certificate must state the bid number and title
CONTRACTOR'S ACKNOWLEDGEMENT OF INSURANCE COVERAGE:
We understand the Insurance Requirements of this project; attached please find Johnson
Controls Insurance Certificate for this project.
Company Name
Company Representative
(PLEASE ATTACH INSURANCE CERTIFICATE)
ITB 23-04/05
r"CA.&v. ~
ACJ}110'M CERTIFICATE OF LIABILITY INSURANCE OPID 1~ DATE (MM/DDlYYYY}
HiGH-Ol 01/11/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HBA insurance Group, inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2500 NW 79th Ave. Suite 101 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Miami FL 33122
Phone: 305-714-4400 Fax: 305-714-4401 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A COLONY :INSURANCE COMPANY 39993
INSURER B: CHUBB GROUP 38989
High Tech Stri~ing inc. INSURER C Greenwich Insurance Company 22322
P. . BOX 66785 INSURER D Bridgerield Casualty Ins Co 10335
Miami FL 33166
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN~K ~ik~ POLICY NUMBER b~~~TMM/DD/YY} I P8k'fl{MM/OONVln LIMITS
LTR TYPE OF INSURANCE
GENERAL L1ABILllY EACH OCCURRENCE $ 1000000
- 02/24/05 02/24/06 PREMIS'Es (ta~~~r~nce)
A X COMMERCI AL GENERAL LIABILITY GLl13637 $ 100000
- tJ CLAIMS MADE ~ OCCUR
MED EXP (Anyone person) $ 5000
-
X XCU :INCLUDED PERSONAL & ADV INJURY $ 1000000
-
X CONTRACTUAL LJ:AB GENERAL AGGREGATE $ 2000000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2000000
, n PRO- nLOC
F'OLlCY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
r-- $ 1,000,000.
C ANY AUTO 16983 09/10/05 09/10/06 (Ea accident)
I--
X ALL OWNED AUTOS BODIL Y INJURY
r---- ~~ $
SCHEDULED AUTOS l{7 (Per person)
I--
X HIRED AUTOS BODIL Y INJURY
- $
X NON-OWNED AUTOS (Per accident}
- ,,;oL
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AlITO ONLY AGG $
EXCEss/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000
A ~ OCCUR D CLAIMS MADE UM140031 02/24/05 02/24/06 AGGREGATE $ 4,000,000
$
~ DEDUCTIBLE $
X RETENTION $10,000 $
WORKERS COM P8IISATIO N AND ITSR\1J~lr~- I X 'UJ~-
EMPLOYERS' LIABILITY
D ANY PROPRIETOR/PARTNER/EXECUTIVE 196-03118 06/23/05 06/23/06 E.L EACH ACCIDENT $1,000,000.
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000.
If y,"s. descnbe under
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $1,000,000.
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
* Except 10 days for non-payment. The Additional. insured endorsement
applies in favor of the Certificate Hol.der with respect to the General.
liability pol.icy for: Bm#: 23-04/05, BiD Title: Concrete curbing / sidewal.k
construction, and purchase of asphaltic concrete / related material.s,
striping of city streets and parking lots, as required by written contract.
CERTlFICA TE HOLDER
CANCELLA TlON
M:IAMJ:Cl SHOULD AfIlY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENJEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO TtE LEFT, BUT FAILLRE TO DO SO SHALL
IMPOSE NO OBLIGATION OR lIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTA TJVES.
AUTHORIZ ES ATIVE
CiTY OF ~ BEACH
1700 CONVENTiON CENTER DRIVE
MI.AMJ: BEACH FL 33139
ACORD 25 (2001108)
@ ACORD CORPORATION 1
DATE (MMlDDIYY)
CERTIFICA TE OF LIABILITY INSURANCE 1/9/2006
JDUCER Serial # 086773 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
)NDON MEEK HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11 COURT STREET AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.EARWATER, FL 33756 INSURERS AFFORDING COVERAGE NAIC#
URED INSURER A: FRANK WINSTON CRUM INSURANCE. INC.
INSURER B:
<UM RESOURCES IIINC 1-800-277 -1620 INSURER C
OS MISSOURI A VENUE INSURER 0
.EARW A TER FL 33756 INSURER E.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WJTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFICATE MAY BE ISSUED OR
MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
,R ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
R INSRD DATE (MMJDD1YV) DATE (MMlDD1YV)
~ERAL LIABILITY
COMMERCIAL GENERAl LIABILITY
: :JC~AJMS MADE DOCCIJR
IlDEDUCTlBLE
~RETENTION $
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY
ANY PROPRIETOR I PARTNER I EXECUTIVE
OFFICER / MEMBER EXCLUDED?
If Ves, describe under
SPECIAL PROVISIONS below
~:1t.ocmo
(ruff,
~7- tf/1P6
1/1/2006
EACH OCCURRENCE $
FIRE DAMAGE (Any one tire) $
MEO EXP (Any one person) $
PERSONAl & KJV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT $
(Ea accident)
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
(Per accident)
AUTO ONLY. EAACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY AGG $
EACH OCCURRENCE $
AGGREGATE $
$
$
$
I WC STATU- I I
1/1/2007 X TORY LIMITS OTHER
EL EACH ACCIDENT $ 1,000,000
EL DISEASE. EA EMPLOYEE $ 1,000,000
EL DISEASE - POLICY LIMIT $ 1,000,000
GEN'LAGGREGATE~T APPLIES PE~
npOLlCY I IPROJECT I ILOC
~OMOBILE LIABILITY
_ ANY AUTO
_ ALL OWNED AUTOS
SCHEDULED AUTOS
-
_ HIRED AUTOS
_ NON-OWNED AUTOS
nOE LIABILITY
nANY AUTO
hESS / UMBRELLA LIABILITY
WOCCUR DCLA'MS MADE
OTHER
:RIPTlON OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
IS CERTIFICATE REMAINS IN EFFECT PROVIDED THE CLIENT'S ACCOUNT IS IN GOOD STANDING WITH CRUM RESOURCES II, INC.
>VERAGE IS NOT PROVIDED FOR ANY EMPLOYEE FOR WHICH THE CLIENT IS NOT REPORTING HOURS TO CRUM RESOURCES II
:;. EFFECTIVE 05/12/2003, APPLIES TO 100% OF THE EMPLOYEES OF CRUM RESOURCES II, INC. LEASED TO H & R PAVING, INC.'
305-592-6079
.T1FICATE HOLDER
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SHALL IMPOSE
NO OBLIGATION OR LIABILIlY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
cr N:.4.I;:1'
COMMISSION ITEM SUMMARY
Condensed Title:
Approve the Awards of Contracts to F & L Construction, Inc., H& R Paving, Inc., and High Tech Striping,
Inc., Pursuant to Bid No. 23-04/05 for Concrete Curbing/Sidewalk Construction, Milling and Resurfacing of
Asphalt Concrete and the Purchase of Asphalt Related Materials, Asphaltic Concrete/Related Material to
be Picked-up or Delivered to the City and the Striping of City Streets.
Ke Intended Outcome Su orted:
Ensure well-maintained infrastructure.
Issue:
Shall the City award contracts to F & L Construction, Inc., H & R Paving, Inc., and High Tech Striping, Inc.?
Item SummarvlRecommendatlon:
The purpose of this Bid is to establish contracts for Concrete Curbing/Sidewalk Repair and Replacement.
the purchase of Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related
Materials, Asphaltic Concrete/Related Material to be picked-up or delivered to tt:le City, and the Striping of
City Streets City-wide on an "as needed basis".
The work specified in this bid consists of furnishing all iabor, machinery, tools; means of transportation,
supplies, equipment, materials, services necessary for Concrete/Curbing and Sidewalk Construction and
the Purchase of Asphaltic Concrete/Related Materials and the Striping of City Streets In accordance with
the bid documents.
APPROVE THE AWARDS.
Advisory Board Recommendation:
I
Flnaneiallnformatlon:
Source of
. Funds:
CID
..;~uht
$118,200
$302.500
$40,200
$213.500
. Yo tal .. $874,400.00
Flnaneiallmpact Summary:
:;~~(lf...
424.2473.069360
424.2474.069357
424.2475.069360
424.2476.069357
-," ,'-. ~-:'~. '
:.i:_~.,..y.
CI Clerk's OffIce Le islatlve Trackln
Bob Halfhill
n..()ffs:
., ~ ."'.nt.Dir-~r
...'.:;i"'!!"~iH!;>!j'.':'i.:;'..;}.n::;.q~"~~ff.,t .,..'
JMG
005\Dec0705\Regular\ITB23-04-oSSidewalk and Concrete Repalr-Summary.doc
e MIAMIBEACH
AGENDA ITEM C ~ C
DATE /02- 7-OS'
23
e ""IAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochA.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
City Manager Jorge M. Gonzalez }~
December 7, 2005
REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO BID NO.
23..Q4/05 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE
PURCHASE OF ASPHALTIC CONCRETElRELATED MATERIALS, AND THE
STRIPING OF CITY STREETS, AWARDS SHALL BE BASED ON FIRM UNIT
PRICES AS FOLLOWS: GROUP I: F & l CONSTRUCTION, INC., FOR
CONCRETE CURBING/SIDEWALK CONSTRUCTION; GROUP II: H&R PAVING,
INC., FOR MilliNG AND RESURFACING OF ASPHALT CONCRETE AND THE
PURCHASE OF ASPHALT RELATED MATERIALS; GROUP III: H&R PAVING,
INC., FOR ASPHALTIC CONCRETElRELATED MATERIAL TO BE PICKED-UP
OR DELIVERED TO THE CITY; AND GROUP IV: HIGH TECH STRIPING, INC.,
FOR STRIPING OF CITY STREETS.
TO:
DATE:
SUBJECT :
ADMINISTRATION RECOMMEDATlON
Approve the Award of contracts.
FUNDING
Funds in the amount of $674,400 are available from budgeted accounts of Public
Works Department as follows:
$118,200 Public Works Capital Account Number 424.2473.069360
$302,500 Public Works Capital Account Number 424.2474.069357
$40,200 Public Works Capital Account Number 424.2475.069360
$213.500 Public Works CaDital Account Number 424.2476.069357
$674,400 Total (Estimated Annual Amount)
ANAL YSIS
The 2005 City of Miami Beach community survey showed Infrastructure (storm drainage and
condition of roads) as important drivers for resident perceptions of whether the City is better, the
same. or worse versus a few years ago and for their perception of the value of City services for
tax dollars paid. Condition of sidewalks was a key driver for businesses as to whether our City
government is meeting their ne~s.
1. 53% residents and 48% of businesses rated condition of sidewalks as excellent or good
while 18% and 23% respectively rated it as poor.
2. 47% residents and 380/0 of bUsinesses rated condition of roads as excellent or good and
23% and 8% respectively rated it as fair or poor.
24
Commission Memo
ITS 23-04/05 - Concrete Curbing/Sidewalk Construction, and the Purchase of Asphaltic
Concrete/Related Materials, and the Striping of City Streets.
December 7, 2005
Page 2 of 15
This is a reoccurring bid which establishes multi-year contracts for concrete curbing/sidewalk
repair and replacement, the purchase of milling and resurfacing of asphalt and concrete, and the
purchase of asphalt related material, asphaltic concretel related material to be picked-up or
delivered to the City, and the Striping of City Streets City-Wide on an Kas needed basis.. The
contracts would facilitate obtaining materials and services in a timely manner to repair, maintain
and ultimately improve the condition of pavement and sidewalks throughout the City.
The work specified in this bid consists of fumishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for concrete! curbing and
sidewalk construction and the purchase of asphaltic concretel related Materials and the striping
of city streets in accordance with the bid documents.
Any purchase request that exceeds the budgeted amounts listed above will be subject to the
review and approval of Office of Budget and Performance Improvement (OBPI) and
appropriation of funds by the Mayor and City Commission.
The initial Blanket Purchase Order will be issued using the available funds listed above.
Change Orders increases for the additional work will be processed when additional funds
become available, and upon subsequent approval by OBPI and/or the Mayor and City
. Commission.
The applicable portions of the Miami-Dade County Public Works Manual and the .Standard
Specifications for Road and Bridge construction of the Florida Department of Transportation,
Edition of 2004, and its supplements, as amended, are. a part of this Contract and shall be
further supplemented and amended by the General Specifications and Special Provisions
.contained herein.
Wheelchair curb ramps shall be constructed to be in full compliance with all Americans with
Disabilities Act (ADA) Accessibility Guidelines standard and Florida Accessibility Code
standards, as well as any other required and relevant standards.
This contract shall commence the day after date of award by the City Commission, and shall
remain in effect for a period of one (1) year.
Providing the successful bidders will agree to maintain the sa~ terms and conditions of the
current contract, this contract may be extended by the City Manager for an additional two (2)
years, on a year to year basis, if mutually agreed upon by both parties.
As Task Orders are identified, substantial completion times will be mutually agreed upon.
between the successful contractor and the City. All pricing shall be based on firm unit prices as
submitted by each Contractor as part of their bid price. Liquidated damages of $25.00 per day
will be deducted from the contract sum for each calendar day elapsing beyond the specified time
for completion for each Task Order.
Invitation to Bid No. 23-04/05 was issued on June 21, 2005 with an opening date of August 12,
2005. Forty-eight (48) bid notices were issued by BidNet resulting in ten (10) vendors
requesting bid pa~ges. Responsive bids.were received from F & L Construction, Inc., MEF
Construction, H&R Paving, Inc., Homestead Concrete and Drainage, Inc. and High Tech
Striping, Inc. on August 12, 2005.
25
Commission Memo
ITS 23-04/05 - Concrete Curbing/Sidewalk Construction, and the Purchase of Asphaltic
Concrete/Related Materials, and the Striping of City Streets.
December 7, 2005
Page 3 of 15
Attached is the bid tabulated results. The lowest and best bidders are as follows:
Group 1- Concrete/Curbing Sidewalk Construction.
F& L Construction, Inc., contract based on firm unit prices.
Group II - Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related
Materials.
H"& R Paving, Inc., contract based on finn unit prices.
Group 111- Asphaltic Concrete/Related Material to be picked-up or delivered to the City.
H & R Paving, Inc., contract based on finn unit prices.
Group IV- .Striping - City Streets
High Tech Striping, Inc., contract based on firm unit prices.
References have been checked by Procurement staff forawarded Contractors. The results are
as follows:
F & L Construction Inc. has been in business for twenty-eight (28) years under present business
name, and all references were more than satisfactory. The previous contract for concrete
Curbing/Sidewalk Construction, Repair and Replacement was awarded to F & L Construction
Inc. in the estimated amount of $107,900.00, Pursuant to Bid Number 27-01/02.
H & R Paving, Inc. has been in business for twenty-nine (29) years under the present business
name, and all references were more than satisfactory. The previous contract for Asphaltic
ConcretelRelated Materials and the Striping was awarded to H & J Asphalt, Inc. in the estimated
amount of $1 ,296,450.09, Pursuant to Bid Number 27-01/02.
High Tech Striping, Inc. has been in business for eight (8) years under the present business
name, and all references were more than satisfactory. The previous contract for Striping City
Roads, was awarded to MEF Construction, Inc. in the estimated amount of $39,632.50,
Pursuant to Bid 27-01/02.
This Bid contract combines the Scope of Work contracts to provide services for project that will
be performed on an lias-needed basis" for Public Works and Parking Departments under the
above mentioned Group Categories. Perfonnance and Payment bonds for the contract amounts
under each category will be based on the budgetary amounts available for each category.
CONCLUSION
Based on the analysis, the Administration recommends that the Mayor and City Commission
authorize contracts to be awarded to the lowest and best bid from the responsive, responsible
bidders, and will be based on unit fixed price, and awards shall be as follows: Group I: F & L
construction, Inc., for Concrete Curbing/Sidewalk Construction; Group II:H & R Paving, Inc.,
Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related Materials;
Group III: H & R Paving, Inc., Asphaltic ConcretelRelated Material to be picked-up or delivered
to the City; and Group IV: High Tech Striping, Inc., for Striping of City Streets.
26
Commission Memo
ITS 23-04/05 - Concrete Curbing/Sidewalk Construction, and the .Purchase of Asphaltic
Concrete/Related Materials, and the Striping of City Streets.
December 7, 2005
Page 4 of 15
BID TABULATION
ITB-23-04l05 - CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND
THE PURCHASE OF ASPHALTIC CONCRETEIRELATED MATERIALS, AND
THE STRIPPING OF CITY STREETS AND PARKING LOTS
Grou 3
No Bid
Grou 4
No Bid
MEFConstructlon, Inc.
No Bid
$211,818.00
. '~'l'--"I_"t" ~
. ~ " .
l.J.~"""::"''' '.,
No Bid
Homestead Concrete
and Draina e, Inc.
$981,020.00
No Bid
No Bid
t ~~ "-....,..,".,~. ' ~ ~~ .;;0
~ ..."" - ;;:.. ~
No Bid
No Bid
T:\AGENDA\2005\Oeco705\Regular\lTB23-04-OSSldewal and Concrete Repalr-MEMO.doc
"Attachment A" - Detailed Bid Tabulation
27
Commission Memo
ITS 23-04/05 - Concrete Curbing/Sidewalk Construction, and the Purchase of Asphaltic
Concrete/Related Materials, and the Striping of City Streets.
December 7, 2005
Page 5 of 15
Attachment A
rrB-23-04/05 - CONCRETE CURBINGISIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHAL TC CONCRElE1RELA lED MA lERlALS, AN)
THE STRPPNGCF CITY STREETS AND PARKNG LOTS
28
Commission Memo
ITB 23-04/05 - Concrete Curbing/Sidewalk Construction, and the Purchase of Asphaltic
Concrete/Related Materials, and the Striping of City Streets.
DeCember 7, 2005
Page 6 of 15
Attachment A (Continued)
Name
lam No.
!
i
'Gro
l.tem No.
~~~~f~~~.~.~l!il~~
; 24" QR and Gut_ $91,320. .... Cut $12,000.00 I ! I .
~1J~~~~~~;~;~SE~S~I~
,. . --,.--... ~_B.!.d..__.._ ..--t.-..
I
. --".~... t ..',.... -
.-...~.... t-.
~""'."'M"'_""
1.-------. -. 'n,..
l. ......M ._. . M_ __.
I
,
29
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfl.gov
~
4r~
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 23-04/05
ADDENDUM NO.1
July 22, 2005 .
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS is amended as follows:
t The bid due date has been changed from July 29, 2005 to August 2,2005 at 3:00 pm.
II. The bid forms for Group IV -Striping - City RoadslParking Lots found on pages 48 and 49
of the bid document have been amended, pleased discard these pages and replace with the
following attached amended forms.
III. Please replace page 19 of the bid documents with the attached page 19. Item 2.12 - Bid,
Performance, and Budget. This item has been amended, attached please find amended
page 19, Item No. 2.12. There is a bid bond of 50,/c. required with the bid submittal.
Bidders are required to acknowledge receipt of this Addendum on proposal Page 50 or the bid may
be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
rm
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
PROPOSAL PAGE 3 of 5
We propose to furnish all labor, material, equipment, supervision and transportation necessary to
deliver and install on an as-needed basis, Striping of City Parking Lots, and related materials for the
City of Miami Beach in accordance with the Bid Specifications as follows:
Striping - City Roads/Parking Lots: Contractor will meet Dade County and Florida Department of
Transportation Specifications at the following unit prices in accordance with the bid specifications.
Contractor will provide the striping of City Parking Lots at the following unit prices in accordance
with the bid specifications.
NOTE: BIDDERS MAY BID ON A SINGLE, ANY COMBINATION, OR ALL GROUPS OF
WORK.
Group IV -Striping - City Roads and Parking Lots
Item Description Est. Annual Otv.
1. Thermoplastic, 4"1
Solid Y ellow/White
White Paint
2. Thermoplastic, 4"1
Skip Y ellow/White
White Paint
3. Thermoplastic, 6"1
Solid Y ellow/White
White Paint
4. Thermoplastic, 6"/
Skip Y ellowlWhite
White Paint
5. Thermoplastic, 8"1
Solid Y ellow/White
White Paint
BID NO: No. 23-04/05
DA TE: 06/21/05
(AMENDED, ADDENDUM #1)
Unit Cost
Total
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
5,280 L.F. $ L.F. $
CITY OF MIAMI BEACH
1
GroUD IV -Striping - City Roads/Parking Lots (Continued)
Item Descriotion Est. Annual Otv. Unit Cost Total
6. Thermoplastic, 12" /
Solid Yellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
7. Thermoplastic, 18"/
Solid Yellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
8. Thermoplastic,24" /
Solid White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
9. R PM's (Road Reflector) 500 Ea. $ L.F. $
White Paint 500 Ea. $ L.F. $
10. Directional Arrows 50 Ea. $ EA. $
White Paint 50Ea $ EA. $
11. Handicap Logo & Blue 5 Ea. $ EA. $
Stripe (parking space)
White Paint 5 Ea $ EA. $
12. Temporary Striping 5,280 LF. $ L.F. $
White Paint 5,280 LF. $ L.F. $
13. Removal of Existing 1,000 S.F. $ S.F. $
Thermo Striping (hydroblast)
White Paint 1,000 S.F. $ S.F. $
14. S top Bars (12 inches) 150 ea. $ EA. $
White Paint 150 ea. $ EA. $
BID NO: No. 23-04/05
DA TE: 06/21/05
(AMENDED, ADDENDUM #1)
CITY OF MIAMI BEACH
2
GrouD IV -Striping - City Roads/Parking Lots (Continued)
Item DescriDtion Est. Annual Otv. Unit Cost Total
15. Arrows (14 inches) 50 ea. $ EA. $
White Paint 50 ea. $ EA. $
16. Cross Hatching (12 inches) 200 ea. $ EA. $
White Paint 200 ea. $ EA. $
17. Handicap Logo 30 ea. $ EA. $
White Paint 30 ea. $ EA. $
18. Disable Cross Hatching 160 ea. $ EA. $
White Paint 160 ea. $ EA. $
Group IV: Striping of City Road & Parking Lots:
Total
$
Written Amount
BID NO: No. 23-04/05
DATE: 06/21/05
(AMENDED, ADDENDUM #1)
CITY OF MIAMI BEACH
3
2.8 (NOT USED)
2.9 VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a central Bid
notification system created exclusively for state and local agencies located in South Florida.
Created in conjunction with BidNet, this South Florida Purchasing system allows vendors to
register online and receive notification of new Bids, amendments and awards. Vendors with
Internet access should review the registration options at the following website:
http://www.govbids.comlscripts/southflorida/publiclhome I.asp.
If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997
extension # 214.
2.10 CONTACT PERSON: .
For any additional information regarding the specifications and requirement of this bid,
contact Roman Martinez @ (305) 673-7493 or facsimile (305) 673-7851 and email:
romanmartinez@miamibeachfl.gov
2.11 SAMPLES:
The bidder shall provide upon request, a complete and accurate sample of the product,
which they propose to furnish.
2.12 BID, PERFORMANCE, AND BUDGET
A 5% Bid Bond will be required with the bid submission, however the successful bidder will
be required to furnish Performance and Payment Bonds, each in the amount of one hundred
thousand ($100,000.00) dollars.
2.13 LIQUIDATED DAMAGES:
As Task Orders are identified substantial completion times will be mutually agreed upon
between the successful contractor and the City. Liquidated damages of$25.00 per day will
be deducted from the contract sum for each calendar day elapsing beyond the specified time
for completion for each Task Order.
2.14 DISCOUNTS (From published price lists): N/A
2.15 ESTIMATED QUANTITIES:
Quantities stated are for bidders' guidance only and no guarantee is given or implied as to
quantities that will be used during the contract period. Estimated quantities are based upon
previous needs and estimated usage for a one (1) year period. Said estimated quantities may
be used by the City for the purpose of evaluating the low bidder meeting specifications.
2.16 HOURLY RATE: N/A
2.17 WARRANTY:
The successful bidder will be required to warranty all work performed. Warranty shall be
provided in detail, upon request.
2.18 PRODUCT/CATALOG INFORMATION:
All bidders must submit product information upon written notification from the Procurement
Division on the product (s) they propose to furnish if awarded this contract. Any bid received
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 (AMENDED, ADDENDUM 1) 19
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfl.goY
lC\
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.7851
INVITATION TO BID NO. 23-04/05
ADDENDUM NO.2
August 1, 2005
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS is amended as follows:
I. The bid due date has been changed from August 2, 2005 to August 9, 2005 at 3:00 pm.
II. The bid forms for Group IV -Striping - City Roads/Parking Lots issued in Addendum No. 1 will
be revised and issued in a subsequent Addendum.
III. Listed below is a copy of the Bid Tabulation sheet from the previous Bid.
Inasmuch as this change does not materially affect the Bid document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
/1';;:~~,~;.:-:~~":;/
I
Gus Lopez, CPPO
Procurement Director
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CONCRETE CURBlNGISIDEWALK CONSTRUCTION. AND THE PURCHASE Of: ASPHAL nc CONCRETEJRElA TED MATERIALS. ANO THE STRIPING OF
CITY STREETS AND PARKIHG lOTS. ITS' 27.01102
GROUP It PURCHASE OF ASPHAL TtC CONCRETElRELATED MATERIAL
Vf!NtlOfl V!tfOOR \/ENOQR
PReVIOUS
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II QTY.
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2A 5GOO POJWS 0.200 TONS s&}QC $215,00l $O.lX $I $0(1) sa $:;C0l1 $~
3A 500 tNTEllSEaj().tt MIio WlAlli $2UDa SO.oc M W.(\(l M *<< $11.oaa
800 ll'l'fE~CtION 0-200 ')$.1lCi $2"'011 SO!le .. $l)(lIl .- mOil $2<1.000
~ 200 HOT M(Jl.to lll!. Pl(:l(fP vP'~r CiTy $JO~<< $7.200 $Q.~ $0 t(ll)) M $~<< ".00II
18 _._.!I!_^- (:()ttJ Ml"J( TO lll1 PE~IVfREO -----~~ 1--_ SZ4.llOG -~~ -_._-_._~ -~~ sa ROll "'.000
ii _......_~---_._--_..~....._....................--..__...._-.- ,--.-.
2000 A$PlW..r!C CONCltelE PATCH ~I( SIIW cuml<<l,\ PM( S61lfX $1711'- 5<\00 sc $l)()( so $66.0ll SUO.dOll
38 2OO,GOO SAW CUTTING" "ATCHlNG $.l.~ $!JSO,.OOlI $00: Ie $0,01 sa SUI . SHO,OOlI
12,000 UlLUNG EXI$TIHGIASHAL r COtICftETE $101 124,OOl toe.: $Ii sooc III ~:-' tel
4i _!~ ~~~ f'J(I$l1NG'AlIKA1,.T~Tf. "CUT 5.1.!ll uo,OOl $0.0( sc $0.(1( III sooc III
12,000 2'CVT S10l $3UOC "'.(l( sc so.oc IG . .to.o: $CI
58 12.000 YCll!" Sl.~1l( 512._ $11).0: SII $1I)OC SII lOt( nJCI
1C 12,000 .rCVT $101 $12,OOl lIti.OC SCI SOC.fX SC ( $27'-
~ 200 l,ll.Oli OIL~~ R$-.l PlCl(..l)P BYCMO $2.il I45C SGO: III $Cl.CX SC $2'.01 $4OCI
3C so .'WliSl ~~ AHl>K)R VAl.Vli: BOXEl> $140.01 $7.DOC $G.OC SC ~.Illl SCI .(UX ..~
10 10 AEPl.ACt TfW'flC LOOPIH~.G;.5.l()()Pe1 $.'AlOU: ss.- SOO( III $(1.0l SlI S6l>>0l S5.00a
$0 $(J $0 SO $748 $732.500
OATI.'.: WHim
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CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRET/Re:LA TED VA TERtAU, AND THESTRlPtNG OF
CITY STREETS AND PARKING LOTS. ITS' 27-01'02
GAOUP IIt(A) STRIPING OF CITY STREETS
\I[~ 'iIiNXlR II!:N:lOR ~
--. PREVIOUS CONTRACf
H & J ASPHALT F&l MEF H & J A8pha1t
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1 5.280 Ti't'-IM:lPl.A$Tlc, 4' I1i!Jl.IO Yfll..()WIWHTf;' 'Us $2,376.011 !ol.O! U iO.6I1 $3.161.011 .SO 301 51.715.211
2 5.. MRMClPLA.$l'lC, .f!Sllll" 'l't!UOW .wHTE 10.'- 52,J11.01I SO.60 M $08~ '3.1"'08 SO.3 ".715.2CI
3 5'- l"H:!~I<t &' 1$Ol.10 ~LLOlo'VMHTf: f<).$II $2....... $Il{lO III t4.8li ''''224.01 $0" n,m..
.. 5,280 Tl-E.IWOPtA$f1C. C' /SKIP ~uow IWHT1! $OS! $2,....0Ci fO.Ol III lO.1IO ...u.... .UIl S3,Q2.04I
...! s,2tO TtERMO!"I.ASl"IC. .. I'$(ltID 'YEllOWIWl-nE fO.ll $3.....041 lOoJO ICI $12! $1.100.041 $0./11 k2UOI1
. 5,280 THliRMOPt"snc, IT/SOliD YEUOWlWt'ilTfi $U$ "'100.l1li $0.00 IfI ~GII "1,StO.0I $Ul "., 28..OlI
7 5,280 tHl!.AMOPt.J.'STIt:, 11",' $01..(1) 'leU.OWI WHtl! >>QlI ., o.Sll.OlI $QOO III SUll $1S,1CIG. $Ul ........OCI
8 5,280 THERl.lQlOLMTlC. 2<1 SOUl;) _'ft Q.3Ii 512,144.041 $0.00 III ".011 -_. sue S1,m.0CI
9 500 R P M$ (RO~ ~"Ll!CTOI'll $4.0$ $2.025.041 5O,OC III $l'/llI $3.100. ~.GO J1.....lIlI
,f] 50 PRCOON"l..~ ~oo 12,_011 tI,Ull Il $4(l.~ $2.2$0. U!j,tlO ".1!1Ua
11 5 iWUf~ ((Xi() a 1:lLl.E f)!~P ,PNOO/IiG llPAU!l $60.~ U5G.0ll so.oc Si $5(UiCI S2S0.0 1Sw .MOO $1.250.011
12 50280 rl:~ l>1~PlNG SC~ $1.320.041 SO.CO -. $0311 $1.5.... SO,t? saw.A
13 200 HeMOVAl. Of f'.J;iST:NCl U211 S&4ll.0Il $Oil( Sl SolOO _011 Uill MOO.OII
$115.15_ $0 $0 $120 $79.928.00 $49 $42.82960
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CONCRETE CURBlNGlStDEWALK COHSTRUCTION. AND THE PURCHASE OF ASPHAllJC CONCRETIRELATEO MATERIALS, AND THE STAlANG OF
CITY STREETS AND PARKING LOTS. ITS" 27.01102
GROUP m(S) STRIPING OF PARKING LOTS
~ Vl',"iX>R YfIlllOl'i
PRt'VlOUI CONTRACT H
H" J Alt'H4lT F"L MEF .. J MI"HALT INC..
. OTY.
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-, :-.---, OESCRlPnON I UPGRMJE INO BID}
1 71,_ 1l"4!r~NG VrY IW<<!N\;;U~( Slt.l!i $17 ,IU.SC $1"l11l SCI .$ll.2$ 117,11%.51 so. ,:5- S1D,IIUCI
:I 1SO llWP ItAAS $tllOll $2.711UC W,l)c SCI ~lIii $UOO.OI SUf)l IUOO.OC
.~ i----..!!...,.._ ~_._-,-,_._-,_._._-,-_._--_._--- 1-_,__~IlO(l lICMI.ec ~~ ..--_..!! -_.!~ I-._J.!~ $till( ___ '718.~
.. 200 CR()!''lii:H.t,f~, S"~Oli $3.....e ~O( sc S<lt'C ~oc --;;;; $C,"'OC
5 ,. DrIl8lE 1.000 m.(jO S3,."'C $0<<< S4 536, ()O $S.....OC 121.00 M.IICICI..CIC
6 1. OlI<<E C~ HIiltCHNG $1,(lll U.-.III SG,<< Ie .2m P20.OC $:$O!i ....OOO'OC
7 2,0lIO RiE -lNS14L l.l!l\lJl(J\l Cl".wc1ll!.1E CAR $'rOPf; 51rUij~ so 00 U $CJltl - .l.OlIO.ClG SUO S1o.000.0CI
$0 SC $113 $39,632.50 $102 $36.237.50
$112,2S,
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\www.miamibeachfl.gov
to
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 23-04/05
ADDENDUM NO.3
August 3, 2005
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS is amended as follows:
I. The bid due date has been changed from August 9, 2005 to August 12, 2005 at 3:00 pm.
II. Their will no 5010 Bid Bond required with the bid submission.
II. The bid forms for Group IV -Striping - City RoadslParking Lots found on pages 48 and 49
of the bid document which were amended through Addendum No.1, are to be discarded,
please replace those pages with the attached amended forms. .
Bidders are required to acknowledge receipt of this Addendum on bid document Page 50 or the bid
may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
rm
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
PROPOSAL PAGE 3 of 5
We propose to furnish all labor, material, equipment, supervision and transportation necessary to
deliver and install on an as-needed basis, Striping of City Parking Lots, and related materials for
the City of Miami Beach in accordance with the Bid Specifications as follows:
Striping - City Roads/Parking Lots: Contractor wili meet Dade County and Florida Department
of Transportation Specifications at the following unit prices in accordance with the bid
specifications.
Contractor will provide the striping of City Parking Lots at the following unit prices in
accordance with the bid specifications.
NOTE: BIDDERS MAY BID ON A SINGLE, ANY COMBINATION, OR ALL GROUPS
OF WORK.
Grouo IV -Striping - City Roads/Parking Lots
Item Descriotion Est. Annual Otv. Unit Cost Total
1. Thermoplastic, 4"1
Solid Y ellow/White 5,280 L.F. $ L.F. $
White Paint 5~280 L.F. $ L.F $
2. Thermoplastic, 4"1
Skip Y ellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
3. Thermoplastic, 6"/
Solid Y ellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
4. Thermoplastic, 6"1
Skip Y ellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
BID NO.: 23-04/05
DA TE: 08/03/05
(AMENDED, ADDENDUM #3)
CITY OF MIAMI BEACH
1
GrouD IV -Striping - City Roads/Parking Lots (Continued)
Item DescriDtion Est. Annual Otv. U nit Cost Total
5. Thermoplastic, 8"/
Solid Y ellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
6. Thermoplastic, 12" /
Solid Yellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
7. Thermoplastic, 18"/
Solid Yellow/White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
8. Thermoplastic,24" /
Solid White 5,280 L.F. $ L.F. $
White Paint 5,280 L.F. $ L.F. $
9. R P MIs (Road Reflector) 500 Ea. $ L.F. $
10. Thermoplastic
Directional Arrows 50 Ea. $ EA. $
White Paint 50 Ea. $ EA. $
11. Thermoplastic
Handicap Logo & Blue 5 Ea. $ EA. $
Stripe (parking space)
White Paint 5 Ea. $ EA. $
12. Thermoplastic Striping 5,280 LF. $ L.F. $
(4" and 6")
White Paint 5 280 LF. $ L.F. $
(4" and 6")
BID NO.: 23-04/05 CITY OF MIAMI BEACH
DATE: 08/03/05
(AMENDED, ADDENDUM #3) 2
Grouu IV -Striping - City Roads/Parking Lots (Continued)
Item Descriution Est. Annual Otv. Unit Cost Total
13. Removal of ALL Existing 1,000 SF. $ S.F. $
Thermo Striping (hydroblast)
(to include mobilization)
White Paint 1,000 SF. $ S.F. $
14. Thermoplastic
Stop Bars (12" Wide) 150 LF. $ LF. $
White Paint 150 LF. $ LF. $
15. Thermoplastic Arrows (14")
(U se Std.. FDOT & MDC Specifications) 50 ea. $ EA. $
White Paint 50ea $ EA. $
16. Thermoplastic Cross Hatching
(12") 200 LF. $ LF. $
White Paint 200 LF. $ LF. $
17. Thermoplastic Handicap Logo 30 ea. $ EA. $
White Paint 30 ea. $ EA. $
18. Thermoplastic Disable Cross 160 ea. $ EA. $
Hatching (4")
White Paint 160 ea. $ EA. $
Group IV: Striping of City Roads/Parking Lots: Total $
Written Amount
BID NO.: 23-04/05
DATE: 08/03/05
(AMENDED, ADDENDUM #3)
CITY OF MIAMI BEACH
3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.miamibeachf1. ov
Procurement Division
Telephone: 305.673.7490
Facsimile: 305.673.7851
PUBLIC NOTICE
INVITATION TO BID NO. 23-04/05
Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 29TH Day of July,
2005, for:
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools,
means of transportation, supplies, equipment, materials, services necessary for Concrete/Curbing
and Sidewalk Construction and the Purchase of Asphaltic ConcretelRelated Materials and the
Striping of City Streets and Parking Lots, in accordance with the bid documents.
MINIMUM REQUIREMENTS
Prospective Bidders (General Contractor and their subcontractors) must have 3 years experience in
providing the Work specified for the four (4) different Groups (1-4) of which they may be
submitting a bid. Bidders shall provide references for a minimum of 4 separate construction projects,
per Group that they will be bidding, of one-hundred thousand dollars ($100,000) or higher in
construction work.
Estimated budget for this project is $750,000.
At time, date, and place above, bids will be publicly opened. 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 July 13,2005 at the City of Miami Beach
City Hall, in the City Manager's Large Conference Room, located on the Fourth Floor at 1700
Convention Center Drive, Miami Beach Florida 33139.
Attendance at the Prebid Conference is highly encouraged and recommended as a source of
information but is not mandatory.
Bid Guaranty: A Bid Bond offive (5%) percent of the bid amount will be reauired. The successful
bidder will be reauired to furnish Performance and Payment Bonds. each in the amount of one-
hundred (100%) oercent of the contract amount.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
2
The City of Miami Beach has contracted with BidNet and has begun utilizing a central Bid
notification system created exclusively for state and local agencies located in South Florida. Created
in conjunction with BidNet, this South Florida Purchasing system allows vendors to register online
and receive notification of new Bids, amendments and awards. Vendors with Internet access should
review the registration options at the following website:
http://www.govbids.com/scripts/southflorida/pu bUe/homel.asp.
If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997
extension # 214.
Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile
to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX:
(305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must
be received no later than July 18,2005. 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 TmS REQUEST FOR PROPOSAL IS SUBJECT TO
THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT TmS REQUEST FOR PROPOSAL IS SUBJECT TO
THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAYBE FOUND ON THE
CITY OF MIAMI BEACH WEBSITE:
http://www .miamibeachfl.gov/newcity/depts/purchase/bidintro.asp
· CONE OF SILENCE -- ORDINANCE NO. 2002-3378
· CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
· DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234.
· PROTEST PROCEDURES - ORDINANCE NO. 2002-3344.
· LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO.
2002-3363,
.,~'~:;~...~~:;>~
..i'''' ~.../'~.:....__"" -
(. ~....
GUS LOPEZ, CPPO, CPPB
PROCUREMENT DIRECTOR
BID NO: No. 23-04/05
DA TE: 06121/05
CITY OF MIAMI BEACH
3
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
Bid No. 23-04/05
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND mE STRIPING OF CITY
STREETS AND PARKING LOTS
I NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents,
complete the information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_Our company does not handle this type of product/service.
_We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
_Due to prior commitments, I was unable to attend pre-proposal meeting.
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, ~ither by submitting a bid m: this completed form, may result in your
com pany being removed from the City's bid list.
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
4
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND mE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
1.0 GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in
order for the bid to be considered for award. All bids are subject to the conditions specified
hereon and on the attached Special Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title
to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive,
Miami Beach, Florida 33139. Facsimile bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on
the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be
considered for award. All bids must be completed in pen and ink or typewritten. No
erasures are permitted. If a correction is necessary, draw a single line through the entered
figure and enter the corrected figure above it. Corrections must be initialed by the person
signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be
tabulated. The original bid conditions and specifications CANNOT be changed or altered in
any way. Altered bids will not be considered. Clarification of bid submitted shall be in
letter form, signed by bidders and attached to the bid.
1.3 NO BID:
If not submitting a bid, respond by returning the enclosed bid form questionnaire, and
explain the reason. Repeated failure to bid without sufficient justification shall be cause for
removal of a supplier's name from the bid mailing list.
1.4 PRICES QUOTED:
Deduct trade discounts and quote firm net prices. Give both unit price and extended total,
when requested. Prices must be stated in units of quantity specified in the bidding
specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE
quoted will govern. All prices must be F .O.B. destination, freight prepaid (unless otherwise
stated in special conditions). Discounts for prompt payment. Award, if made, will be in
accordance with terms and conditions stated herein. -Each item must be bid separately and
no attempt is to be made to tie any item or items in with any other item or items. Cash or
quantity discounts offered will not be a consideration in determination of award of bid( s).
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax
and Use Certificate Number is 04-00097-09-23.
BID NO: No. 23-04/05
DA TE: 0612l/05
CITY OF MIAMI BEACH
5
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and
extensions and all instructions pertaining to supplies and services. Failure to do so will be at
the bidder's risk.
1.7 CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the
latest new and current model offered (most current production model at the time of this bid).
All containers shall be suitable for storage or shipment, and all prices shall include standard
commercial packaging.
1.8 UNDERWRITERS'LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall
be U.L. listed or re-examination listing where such has been established by V.L. for the
item(s) offered and furnished.
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to
reject all bids or any part of any bid they deem necessary for the best interest of the City of
Miami Beach, FL.
1.10 EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the
following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall
conform in quality, design and construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are
informational guides as to a standard of acceptable product quality level only and should not
be construed as an endorsement or a product limitation of recognized and legitimate
manufacturers. Bidders shall formally'substantiate and verify that product(s) offered conform
with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number ifbidding other
than the specified brands, and shall indicate ANY deviation from the specifications as listed.
Other than specified items offered requires complete descriptive technical literature marked
to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH
THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA.
Lacking any written indication ofintent to quote an alternate brand or model number, the bid
will be considered as a bid in complete compliance with the specifications as listed on the
attached form.
1.11 (NOT USED)
1.12 (NOT USED)
1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications. Item delivered, not conforming to
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
6
specifi.cations, may be rejected and returned at vendor's expense. These items and items not
delivered as per delivery date in bid and/or purchase order may be purchased on the open
market. Any increase in cost may be charged against the bidder. Any violation of these
stipulations may also result in:
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.14 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed,
will, upon request, be returned at the bidder's expense. Bidders will be responsible for the
removal of all samples furnished within (30) days after bid opening. All samples will be
disposed of after thirty (30) days. Each individual sample must be labeled with bidder's
name. Failure of bidder to either deliver required samples or to clearly identify samples may
be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to
the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.15 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show
number of days (in calendar days) required to make delivery after receipt of purchase order,
in space provided. Delivery time may become a basis for making an award. Delivery shall
be within the normal working hours of the user, Monday through Friday, excluding holidays.
1.16 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications
should be submitted in writing to the Procurement Director, 1700 Convention Center Drive,
Miami Beach, FL 33139. Fax (305) 673-7851.
1.17 (NOT USED)
1.18 AWARDS:
In the best interest of the City of Miami Beach, the City Commission reserves the right to
reject all bids or any portion of any bid they deem necessary for the best interest of the City;
to accept any item or group of items unless qualified by the bidder; to acquire additional
quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in
which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY".
All awards made as a result of this bid shall conform to applicable Florida Statutes NOT
USED)
1.19 BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid
Form. All bids received after the date, time, and place shall be returned, unopened.
1.20 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk
of loss or damage to all items shall be the responsibility of the successful bidder until
acceptance by the buyer unless loss or damage result from negligence by the buyer. If the
materials or services supplied to the City are found to be defective or not conform to
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
7
specifications, the City reserves the right to cancel the order upon written notice to the seller
and return product at bidder's expense.
1.21 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received,
inspected, and found to comply with award specifications, free of damage or defect and
properly invoiced.
1.22 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the
decision of the City shall be final and binding on both parties.
1.23 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for reIieffrom responsibility.
1.24 (NOT USED)
1.25 (NOT USED)
1.26 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach,
Florida and its employees from liability of any nature or kind, including cost and expenses
for, or on account of, any copyrighted, patented, or unpatented invention, process, or article
manufactured or used in the performance of the contract, including its use by The City of
Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters,
patent, or copyright, it is mutually understood and agreed, without exception, that the bid
prices shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
1.27 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall
conform in all respects to the standards set forth in the Occupational Safety and Health Act
of 1970, as amended, and the failure to comply with this condition will be considered as a
breach of contract. Any fines levied because of inadequacies to comply with these
requirements shall be borne solely by the bidder responsible for same.
1.28 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have
precedence.
1.29 ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375,
relative to equal employment opportunity for all persons without regard to race, color,
religion, sex or natio':lal origin.
BID NO: No. 23-04/05
DA TE: 06121105
CITY OF MIAMI BEACH
8
1.30 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE to request material in accessible format; sign language
interpreters (five days in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance please call Heidi Johnson Wright,
Public Works Department, at 305.673.7080.
1.31 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or
equipment covered by this bid shall be new. The items bid must be new, the latest model, of
the best quality, and highest grade workmanship.
1.32 PROTEST PROCEDURES:
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.
1.33 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver
materials or perform work or services as a result of a bid award, the successful bidder will
assume the full duty, obligation and expense of obtaining all necessary licenses, permits and
insurance and assure all work complies with all applicable Dade County and City of Miami
Beach building code requirements and the South Florida Building Code. The bidder shall be
liable for any damages or loss to the City occasioned by negligence of the bidder (or agent)
or any person the bidder has designated in the completion of the contract as a result of his or
her bid.
1.34 (NOT USED)
1.35 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before
such award is made, may result in forfeiture of that portion of any bid surety required equal
to liquidated damages incurred by the City thereby, or where surety is not required, failure to
execute a contract as described above may be grounds for removing the bidder from the
bidder's list
1.36 CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement
Director shall give written notice to the contractor stating the deficiencies and unless
deficiencies are corrected within ten (10) days, recommendation will be made to the City
Commission for immediate cancellation. The City Commission of Miami Beach, Florida
reserves the right to terminate any contract resulting from this invitation at any time and for
any reason, upon giving thirty (30) days prior written notice to the other party.
1.37 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be
submitted in DUPLICATE to the City of Miami Beach, Accounts Payable Department, 1700
Convention Center Drive, Miami Beach, Florida 33i39.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
9
1.38 (NOT USED)
1.39 (NOT USED)
1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00
P.M.
1.41 SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind.
Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute
shipments will be returned at the bidder's expense.
1.42 FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with
prior notice.
1.43 BID TABULATIONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed
stamped envelope with the bid.
1.44 (NOT USED)
1.45 (NOT USED)
1.46 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true
meaning of the specifications or other Bid documents or any part thereof, the Bidder must
subm it to the City of Miami Beach Procurement Director at least ten (10) calendar days prior
to scheduled Bid opening, a request for clarification. All such requests for c1ari.fication must
be made in writing and the person submitting the request will be responsible for its timely
delivery .
Any interpretation of the Bid, ifmade, will be made only by Addendum duly issued by the
City of Miami Beach Procurement Director. The City shall issue an Informational
Addendum if clarification or minimal changes are required. The City shall issue a Formal
Addendum if substantial changes which impact the technical submission of Bids is required.
A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the
Solicitation. In the event of conflict with the original Contract Documents, Addendum shall
govern all other Contract Documents to the extent specified. Subsequent addendum shall
govern over prior addendum only to the extent specified.
The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in
the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem
its Bid non-responsive; provided, however, that the City may waive this requirement in its
best interest. The City will not be responsible for any other explanation or interpretation
made verbally or in writing by any other city representative.
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
10
1.47 DEMONSTRATION OF COMPETENCY:
]) Pre-award inspection of the Bidder's facility may be made prior to the award of contract.
Bids will only be considered from firms which are regularly engaged .in the business of
providing the goods and/or services as described in this Bid. Bidders must be able to
demonstrate a good record of performance for a reasonable period of time, and have
sufficient financial support, equipment and organization to insure that they can satisfactorily
execute the services if awarded a contract under the terms and conditions herein stated. The
terms "equipment and organization" as used herein shall be construed to mean a fully
equipped and well established company in line with the best business practices in the
industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other
qualifications and abilities of a Bidder, including past performance (experience) with the
City in making the award in the best interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized
representatives of a manufacturer or supplier which is the actual source of supply. In these
instances, the City may also require material information from the source of supply
regarding the quality, packaging, and characteristics of the products to be supplies to the City
through the designated representative. Any conflicts between this material information
provided by the source of supply and the information contained in the Bidder's Proposal may
render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the successful
Bidder is in force, review the successful Bidder's record of performance to insure that the
Bidder is continuing to provide sufficient financial support, equipment and organization as
prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts
awarded to it by the City, the City may place said contracts on probationary status and
implement termination procedures if the City determines that the successful Bidder no longer
possesses the financial support, equipment and organization which would have been
necessary during the Bid evaluation period in order to comply with this demonstration of
competency section.
1.48 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.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
11
1.49 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract,
including any or all of its right, title or interest therein, or his or its power to execute such
contract to any person, company or corporation without prior written consent of the City of
Miami Beach.
1.50 LA WS, PERMITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this
project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein.
1.51 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase
from the resulting contract, provided the Department of Management Services, Division of
Procurement, has certified its use to be cost effective and in the best interest of the State.
Contractors have the option of selling these commodities or services certified by the Division
to the other State agencies at the agencies option.
1.52 SPOT MARKET PURCHASES:
It is the intent of the City to purchase the items specifically listed in this bid from the
awarded vendor. However, items that are to be [ISpot Market Purchased[1 may be purchased
by other methods, i.e. Federal, State or local contracts.
1.53 ELIMINATION FROM CONSIDERATION:
This bid solicitation shall not be awarded to any person or firm which is in arrear to the City
upon any dept, taxes or contracts which are defaulted as surety or otherwise upon any
obligation to the city
1.54 WAIVER OF INFORMALITIES
The City reserves the right to waive any informalities or irregularities in this bid solicitation.
1.55 ESTIMATED QUANTITIES
Estimated quantities or estimated dollars, if provided, are for City guidance only. No
guarantee is expressed or implied as to quantities or dollars that will be used during the
contract period. The City is not obligated to place any order for a given amount subsequent
to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or
usage during a previous contract period. The City for purposes of determining the low bidder
meeting specifications may use said estimates.
1.56 COLLUSION
Bids from related parties. Where two (2) or more related parties each submit a bid or
proposal for any contract, such bids or proposals shall be presumed to be collusive. The
foregoing presumption may be rebutted by presentation of evidence as to the extent of
ownership, control and management of such related parties in the preparation and submittal
of such bids or proposals. Related p~ies mean bidders or proposers or the principals thereof
which have a direct or indirect ownership interest in another bidder or proposer for the same
contract or in which a parent company or the principals thereof of one (1) bidder or proposer
BID NO: No. 23-04/05
DA TE: 06121/05
CITY OF MIAMI BEACH
12
have a direct or indirect ownership interest in another bidder or proposer for the same
contract. Bids or propospls found to be collusive shall be rejected.
Bidders or Proposers who have been found to have engaged in collusion may be considered.
non-responsible, and may be suspended or debarred, and any contract resulting from
collusive bidding may be terminated for default.
1.57 DISPUTES
In the event of a con flict between the documents, the order of priority of the documents shall
be as follows:
Any agreement resulting from the award of this Bid (if applicable); then
Addenda released for this Bid, with the latest Addendum taking precedence; then
The Bid; then
Awardee's Bid.
1.58 REASONABLE ACCOMMODATION
In accordance with the Title II of the Americans with Disabilities Act, any person requiring
an accommodation at the RFP opening because of a disability must contact Heidi Johnson
Wright at the Public Works Department at (305) 673-7080.
1.59 GRATUITIES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of this proposal.
1.60 SIGNED BID CONSIDERED AN OFFER
The signed bid shall be considered an offer on the part of the bibber or contractor, which
offer shall be deemed accepted upon approval by the City Commission of the City of Miami
Beach, Florida and in case of default on the part of successful bidder or contractor, after such
acceptance, the City may procure the items or services from other sources and hold the
bidder or contractor responsible for any excess cost occasioned or incurred thereby.
Additionally~ the City may take such action.
1.61 BID CLARIFICATION:
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. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
1.62 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding
identical tie bids, preference will be given to vendors certifying that they have implemented
a drug free work place program. A certification form will be required at that time.
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
13
1.63 PUBLIC ENTITY CRIMES (PEC):
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CA TEGORY TWO for a period of36 months from the date of being placed on the convicted
vendor list.
1.64 DETERMINATION OF RESPONSIVENESS:
Determination of responsiveness taken place at the time of bid opening and evaluation. In
order to be deemed a responsive bidder, your bid must conform in all material respects to the
requirement stated in the Bid.
1.65 DELIVERY TIME:
Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar
days) for each item. It must be a firm delivery time, no ranges will be accepted, Le.; ] 2- ] 4
days.
1.66 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract)
The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so assume, all risks of damage
or injury to property or persons used or employed on or in connection with the work and of
all damage or injury to any person or property wherever located, resulting from any action or
operation under the contract or in connection with the work. It is understood and agreed that
at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements.
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect. the contractor in the interest of the City against all risks of
injury to persons (including death) or damage to property wherever located resulting from
any action or operation under the contract or in connection with the work. This policy is to
provide coverage for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability .
Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the
BID NO: No. 23-04/05
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CITY OF MIAMI BEACH
]4
Insurance Check List. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse the
policies to state that the City will not be liable for the payment of any premiums or
assessments. A copy of the endorsement(s) naming the City of Miami Beach as an
additional insured is required and must be submitted to the City's Risk Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice
to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida and these companies must have a rating of at least B+:VI or better per
Best's Key Rating Guide, latest edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as
required herein, shall be filed with and approved by the City of Miami Beach Risk Manager
before work is started.
The certificate must state Bid Number and Title. Upon expiration of the required insurance,
the contractor must submit updated certificates of insurance for as long a period as any work
is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are
primary coverage to any insurance or self-insurance the City of Miami Beach possesses that
may apply to a loss resulting from the work performed in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a
municipal corporation, its officers, agents, and employees from all claims for bodily injuries
to the public in and up to the amount of $1,000,000.00 for each occurrence and and for all
damages to the property of others in and up to the amount of $1,000,000.00 for each
occurrence per the insurance requirement under the specifications including costs of
investigation, all expenses of litigation, including reasonable attorney fees and the cost of
appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere
existence of the project under contract".
The foregoing indemnity agreement shall apply to any and all claims and suits other than
claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court of competent jurisdiction.
BID NO: No. 23-04/05
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CITY OF MIAMI BEACH
15
The contractor will notify his insurance agent without delay of the existence of the Hold.
Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless
Agreement to the insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for
the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement
from any and all claims arising out of this contractual operation.
The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of their
liabilities and obligations under any Section or Provisions of this contract. Contractor shall
be as fully responsible to the City for the acts and omissions of the subcontractor and of
persons employed by them as he is for acts and omissions of persons directly employed by
him.
Insurance coverage required in these specifications shall be in force throughout the contract
term. Should any awardee fail to. provide acceptable evidence of current insurance within
seven days of receipt of written notice at any time during the contract term, the City shall
have the right to consider the contract breached and justifying the termination thereof.
Ifbidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies
shall not restrict the coverage provided by these policies for one insured hereunder with
respect to a liabi Iity claim or suit by another insured hereunder or an employee of such other
insured and that with respect to claims against any insured hereunder, other insureds
hereunder shall be considered members of the public; but the provisions of this Cross
Liability clause shall apply only with respect to liability arising out of the ownership,
maintenance, use, occupancy or repair of such portions of the premises insured hereunder as
are not reserved for the exclusive use of occupancy of the insured against whom
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
16
XXX 1.
XXX 2.
XXX 3.
XXX 5.
XXX 7.
XXX 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
Comprehensive General Liability (occurrence form), limits of liability $ 1.000~000.00
per occurrence for bodily injury property damage to include Premises/ Operations;
Products, Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverages.
The City must be named as additionally insured on the liability policies; and it must be
stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
Thirty (30) days written cancellation notice required.
Best's guide rating B+: VI or better, latest edition.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may be required within five (5) days after bid opening.
Bidder
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
17
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids from a qualified
contractor(s), for CONCRETE CURBING/SIDEWALK CONSTRUCTION, THE
PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE
STRIPING OF CITY STREETS AND PARKING LOTS.
2.2 TERM OF CONTRACT:
This contract shall commence the day after date of award by the City Commission, unless
otherwise stipulated in the Notice of A ward Letter which is distributed by the Procurement
Director. The contract shall remain in effect for a period of one (1) year.
2.2.1 Providing the successful bidder will agree to maintain the same terms and conditions of the
current contract, this contract could be extended for an additional two (2) years, on a year to
year basis, if mutually agreed upon by both parties.
2.2.2 Orders will be placed to vendors on an as-needed basis to meet City usage requirements.
2.3 PAYMENT:
Full payment will be made upon completion of each assigned Task Order.
Invoices will be subject to verification and approval by the Parking, or Public Works
Director, or their designated representative(s).
2.4 METHOD OF AWARD:
The City reserves the right to make multiple awards for the Four (4) different Groups of
Work, ifit is in the best interest of the City. Ifa multiple award is given, request for Task
Order assignments will be made on the basis of the unit prices submitted and the availability
of the bidders work unit to the schedule set by the City of Miami Beach.
2.5 ADDITIONS/DELETIONS OF FACILITIES: N/A
2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT:
If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder
on the Bid form shall remain fixed and firm during the term of this contract; provided,
however, that the bidder may offer incentive discounts from this fixed price to the City at
any time during the contractual term.
2.7 PRE-BID CONFERENCE/SITE INSPECTION:
A Pre-Bid Conference will be held at 10:00 a.m. on the 13th day of July 2005 at the.City of
Miami Beach City Hall, Fourth Floor City Manager's Large Conference room located at
1700 Convention Center Drive, Miami Beach Florida 33139.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
18
2.8 (NOT USED)
2.9 VENDOR APPLICATION
The City of Miami Beach has contracted with BidNet and has begun utilizing a central Bid
notification system created exclusively for state and local agencies located in South Florida.
Created in conjunction with BidNet, this South Florida Purchasing system allows vendors to
register online and receive notification of new Bids, amendments and awards. Vendors with
Internet access should review the registration options at the following website:
http://www.govbids.com/scripts/southfloridaJpublic/home l.asp.
If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997
extension # 214.
2.10 CONTACT PERSON:
For any additional information regarding the specifications and requirement of this bid,.
contact Roman Martinez @ (305) 673-7493 or facsimile (305) 673-7851 and email:
romanmartinez@miamibeachfl.gov
2.11 SAMPLES:
The bidder shall provide upon request, a complete and accurate sample of the product,
which they propose to furnish.
2.12 BID, PERFORMANCE, AND BUDGET
A Bid Bond will not be required, however the successful bidder will be required to furnish
Performance and Payment Bonds, each in the amount of one hundred thousand
($100,000.00) dollars.
2.13 LIQUIDATED DAMAGES:
As Task Orders are identified substantial completion times will be mutually agreed upon
between the successful contractor and the City. Liquidated damages of$25.00 per day will
be deducted from the contract sum for each calendar day elapsing beyond the specified time
for completion for each Task Order.
2.14 DISCOUNTS (From published price lists): N/A
2.15 ESTIMATED QUANTITIES:
Quantities stated are for bidders' guidance only and no guarantee is given or implied as to
quantities that will be used during.the contract period. Estimated quantities are based upon
previous needs and estimated usage for a one (1) year period. Said estimated quantities may
be used by the City for the purpose of evaluating the low bidder meeting specifications.
2.16 HOURLY RATE: N/A
2.17 WARRANTY:
The successful bidder will be required to warranty all work performed. Warranty shall be
provided in detail, upon request.
2.18 PRODUCT/CATALOG INFORMATION:
All bidders must submit product information upon written notification from the Procurement
Division on the product (s) they propose to furnish ifawarded this contract. Any bid received
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
19
not containing this information may be rejected for that reason.
2.19 REFERENCES:
Each bid must be accompanied by a minimum of eight (8) references, of which four (4)
separate projects, per Group (1-4) that a prospective bidder will submit a bid for, must have
been for $100,00.00 or Higher. Reference shall include the name of the company, a contact
person and the telephone number. NOTE THAT NO BID WILL BE CONSIDERED
WITHOUT THIS LIST.
2.20 COMPLETE PROJECT REQUIRED:
These specifications describe the various items or classes of work required, enumerating or
defining the extent of same necessary, but failure to list any items or classes under scope of
the several sections shall not relieve the contractor from furnishing, installing or performing
such work where required by any part of these specifications, or necessary to the satisfactory
completion of the project.
Workmanship will be inspected and approved by either the Public Works, or Parking Dept
Director, or designated Representative.
2.21.1 FACILITY LOCATION: N/A
2.22 BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are
qualified to satisfactorily perform the specified work. Evidence shall include all information
necessary to certify that the bidder: maintains a permanent place of business; has technical
knowledge and practical experience in the type of work specified in the Scope of Work; has
available the organization and qualified manpower to do the work; has adequate financial
status to meet the financial obligations incident to the work; has not had just or proper
claims pending against him or his work; and has provided the Work materials and services as
described in these bid specifications. The evidence will consist of listing of work that has
been provided to public and private sector clients, i.e. nature of WORK within at a
minimum, the last three (3) years.
2.23 LATE BIDS:
At time, date, and place above, bids will be publicly opened. Any bids or proposals received
after time and date specified will be returned to the bidder unopened. The responsibility for
submitting a bid/proposal before the stated time and date is solely and strictly the
responsibility of the bidder/proposer. The City is not responsible for delays caused by mail,
courier service, including U.S. Mail, or any other occurrence.
2.24 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the
section. Any exceptions to the General or Special Conditions shall be cause for the bid to be
considered non-responsive.
2.25 COMPLETE INFORMATION REQUIRED ON BID FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in. To be
considered a valid bid, the ORIGINAL AND ONE COpy of the Bid Form pages and all
required submittal information must be returned, properly completed, in a sealed envelope as
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 20
outlined in the first paragraph of General Conditions.
2.26 MAINTENANCE AGREEMENT: N/A
2.27 EQUAL PRODUCT:
Manufacturer[]s name, brand name and model number are used in these specifications for the
purpose of establishing minimum requirement of level of quality, standards of performance
and design required and is in no way intended to prohibit the bidding of other
manufacturer[]s items of equal material, unless otherwise indicated. Equal (substitution)
may be bid, provided product so bid is found to be equal in quality, standards of
performance, design, etc. to item specified, unless otherwise indicated. Where equal is
proposed, bid must be accompanied by complete factory information sheets
(specifications, brochures, etc.) and test results of unit bid as equal.
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
21
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
3.0 MINIMUM SPECIFICATIONS
Group I-CONCRETE CURBING/SIDEWALK CONSTRUCTION
The applicable portions of the Dade County Public Works Manual and the Standard
Specifications for Road and Bridge Construction of the Florida Department of
Transportation, Edition of 199 I, and its supplements, as amended, are a part of this Contract
and shall be further supplemented and amended by the General Specifications and Special
Provisions contained herein.
Wheelchair curb ramps shall be constructed to be in full compliance with all Americans with
Disabilities Act Accessibility Guidelines standards and Florida Accessibility Code standards,
as well as any other required and relevant standards.
3.1 SCOPE OF WORK
A. TECHNICAL SPECIFICATION
The Contractor shall provide all supervision, labor, materials (including forming) and
equipment required to complete the work, at a site or sites designated by the City.
01. Items IA-4A: Removal and replacement of existing curb and gutter and or
sidewalks. These items include removal of existing concrete and disposal of
materials to legal sites provided by the Contractor.
02. Concrete Sidewalk (4" thick).
03. Concrete Sidewalk or Driveway (6" thick): with WWF 6" x 6" x 10 lOG.
04. Construction of pedestrian ramps shall be in accordance with the City of Miami
Beach Detail, Pedestrian Ramps in Public Right-of-Way. Item 5B shall include the
cost of removal of existing sidewalk and the preparation of the base as described
herein.
05. Item Number IC EXTRA STRENGTH CONCRETE (4,000 p.s.i.)
All concrete items shall be constructed using Class I concrete having a minimum 28
day compressive strength of3,000 psi, unless 4,000 psi concrete is specified in Work
Order. Item No. I C, EXTRA STRENGTH CONCRETE (4,000 psi), has been
established to compensate the Contractor for the difference in cost of utilizing this
higher strength concrete.
When 4,000 psi concrete is specified, the Contractor shall be paid the Contract unit
price bid for sidewalk or curb and gutter, as appropriate, and shall also be paid the
contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall be the
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DA TE: 06/21/05 22
actual volume, in cubic yards, of 4,000 psi concrete in place and accepted.
06. COLORED CONCRETE SIDEWALKS AND RAMPS:
All concrete used in the replacement or construction of sidewalks and pedestrian
ramps shall be of Color Concrete mix as specified below unless directed otherwise
by the Street Superintendent or City Engineer. Where quantities of concrete to be
used in one pour is equal to or more than 3.0 (three) cu. yds., an integral colored
concrete mix shall be used. The dust-on/dry-shake coloring shall be allowed only
when the total concrete quantity in one work order is less than 3.0 cu. yds. or if
directed by the City Engineer or his representative:
Integral Color Concrete Mix Design: Design mix to provide normal weight, regular
or air-entrained pump mix concrete with a minimum of 470 lbs. of portland cement
to achieve 3000 psi or more 28 day compressive strength. Mix one unit of Lambco
Color pigment in "Miami Beach Red" color, packaged in one yard increments in
dispersible "Clean Color" packaging as manufactured by Lambert Corporation;
Orlando, FL. 800-432-4746 or L. M. Scofield Co., Sunrise, FL. 800-800-9900.
07. Restoration and dressing of all replaced surface shall be accomplished by removal of
all fonns of broken concrete, rock and other debris and backfilling all abutting areas
to the new concrete with proper soil and sod.
08. All areas of removal are to be done in a careful manner so as not to cause damage to
abutting concrete surface. Saw cutting may be needed to prevent additional damage.
Contractor has to protect monuments, survey pipes metal castings, etc. encountered
in the replacement or new work area, and shall make any necessary adjustments of
these items so as to conform to the finish grade of his work. Contractor shall be
responsible for restoring sidewalk anchors, flags, etc., which may be encountered,
such as hurricane shutter fasteners in commercial areas.
Contractor shall be responsible for protecting, in a satisfactory manner to the Street
Superintendent, any roof drainage pipe encountered in the area of removal and
replacement.
Cold joint or a solid plate will be required every 40 L.F. to 60 L.F. of the work.
Expansion material may be called for as directed by the Engineer, to be placed at
abutting Special Conditions. All areas removed by the Contractor are to be replaced
and stored within two days of removal and shall be properly barricaded by the
Contractor in the interim time.
09. Item No. I D - Pavement Restoration Abutting Restored Areas
Asphalt will be saw cut as directed by the Street Superintendent or authorized
representative. All cuts will be parallel to the curb line. Areas void of lime rock will
be filled with limerock and compacted to required density as directed by the
Superintendent. A minimum 2" hot mix asphalt (8-3 asphalt) to be used to complete
restoration and will be compacted by use of roller or vibratory plate. Finished
surface to be free of ridges or valleys and imperfections that may cause the surface to
hold water or create a tripping hazard. All work is to be inspected and accepted by
the Street Superintendent or his representative prior to payment.
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 23
Upon receipt ofa Work Order, the Contractor shall commence work upon the site(s)
within seven (7) calendar days, and continue such work in an expeditious manner to
a conclusion acceptable to the Engineer.
Upon receipt ofa Work Order, the Contractor shall commence work upon the site(s)
within seven (7) calendar days, and continue such work in an expeditious manner to
a conclusion acceptable to the Engineer.
B. RESTORATION OF PROPERTY
All real property on public or private property, which is damaged due to construction or
removed for the convenience of the work, shall be repaired or replaced by the Contractor or
at the Contractor's expense in a manner acceptable to the Streets Superintendent, prior to the
final acceptance of the work.
C. UTILITIES
It will be the Contractor's responsibility to exercise all caution in the vicinity of any utility.
The City will not be liable for any delay or added expense the Contractor experiences due to
the actions of others, nor shall the City be held responsible for any damages which may be
incurred due to the actions of the Contractor or his representatives. The Contractor shall call
for underground utilities locations - City and Private
D. COMPENSATION
All compensation for services called for in this Contract shall be computed from quantities
based upon the actual work performed and the contract unit price bid by the Contractor, as
shown on the Bid Form submitted by him. Such compensation shall be complete payment
for all phases of the operation. No additional payment shall be made for any reason
whatsoever.
The quantities of all work performed within the same general area authorized under a single
Work Order shall be accumulative in determining the unit price paid for the work performed.
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
24
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
3.2 CONTROL OF THE WORK
A. Inspectors - Inspectors employed by the City shall be authorized to inspect all work done
and materials furnished. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the
Work to report to the engineer as to the progress of the Work and the manner in which it is
being performed; also to report whenever it appears that the materials furnished and work
performed by the Contractor fail to fulfill the requirements of the Specifications and
Contract, and to call to the attention of the Contractor any such . failure or other
infringements. Such inspection, however, shall not relieve the Contractor from any
obligation to perform all the Work strictly in accordance with the requirements of the
Specifications. In case of any dispute arising between the Contractor and the Inspector as to
material furnished or the manner of performing the Work, the Inspector shall have the
authority to reject materials or suspend the Work until the question at issue can be referred to
and decided by the engineer. The Inspector shall perform such other duties as are assigned
to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any
requirements of these Specifications, not to approve or accept any portion of work, nor to
issue instrucJions contrary to the Plans and Specifications. The Inspector shall in no case act
as Foreman or perform other duties for the Contractor, nor interfere with the management of
the Work by the latter. Any advice which the Inspector may give the Contractor shall in no
way be construed as binding the engineer in any way, nor releasing the Contractor from
fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the
City for each section of the Work under Contract; but if, on account of any apparent
disregar~ of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of$150.00 per diem each, and the cost of same charged to
the Contractor and deducted from the final payment.
B. Inspection - The Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed and materials used are in accordance with
the requirements and intent of the Specifications and Contract.
I f the engineer requests it, the Contractor shall at any time before final acceptance of the
Work remove or uncover such portions of the finished Work as may.be directed.
After examination the Contractor shall restore said portions of the Work to the standard
required by the Specifications.
Should the Work thus exposed or examined prove acceptable, the uncovering or removing,
and the replacing of the covering or making good of the parts removed, shall be paid for as
"Extra Work," but should the work so exposed or examined prove unacceptable, the
uncovering or removing and the replacing of the covering or making good of the parts
removed, shall be at the Contractor's expense. No work shall be done nor materials used
without suitable supervision or inspection by the Engineer or his representative. Failure to
reject any defective work or material shall not in any way prevent later rejection when such
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 25
defect be discovered, or obligate the City to final acceptance.
C. Failure to Remove and Renew Defective Materials and Work - Should the Contractor
fail or refuse to remove and renew any defective materials used or work performed, or to
make any necessary repairs in an acceptable manner and in accordance with the requirements
of these Specifications within the time indicated in writing, the engineer shall have the
authority to cause the unacceptable or defective materials or work to be removed and
renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any
expense incurred by the City in making these removals, renewals or repairs, which the
Contractor has failed or refused to make, shall be paid for out of any monies due or which
may become due the Contractor or may be charged against the "Contract Bond" deposited;
and continued failure or refusal on the part of the Contractor to make any or all necessary
repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board,
at its option, may purchase materials, tools, and equipment and employ labor or may contract
. with any other individual, firm, or corporation to perform the Work. All costs and expenses
incurred thereby shall be charged against the defaulting Contractor and the amount thereof
deducted from any monies due or which may become due him, or shall be charged against
the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall
not relieve the Contractor in any way from his responsibility for the work performed by him.
D. Final Inspection - Whenever the Work provided and contemplated by the Contractor shall
have been satisfactorily completed and the final cleaning up performed, the engineer shall
within ten (10) days, unless otherwise provided, make the final inspection.
3.3 CONTROL OF MATERIAL
A. Source of Supply and Quality of Materials - At the option of the engineer the source of
supply for each of the materials shall be approved by the engineer before the delivery is
started. Representative preliminary samples of the character and quality described shall be
submitted by the Contractor or producer for -examination and tested in accordance with the
methods referred to under Samples and Tests, Paragraph B, below. Only materials
conforming to the requirements of these Specifications and approved by the Engineer shall
be used in the Work. All materials proposed to be used may be inspected or tested at any
time during their preparation and use.
If, after trial, it is found that sources of supply which have been approved do not furnish a
uniform product, or if the product from any sources proves unacceptable at any time, the
Contractor shall furnish approved material from other approved sources. No material which
after approval has in any way become unfit for use shall be used in the Work.
B. Samples and Tests - For the purpose of assisting his judgment the Engineer may require any
or all materials to be subject to test by means of samples or otherwise as he may determine.
The Contractor shall afford such facilities as the Engineer may require for collecting and
forwarding samples and shall not make use of or incorporate in the Work any material
represented by the samples until the tests have been made and the materials found in
accordance with the requirements of the Specifications and are acceptable. The Contractor
in all cases shall furnish and deliver the required samples without charge. Samples shall be
furnished sufficiently in advance so that the results of the required tests may be secured prior
to the incorporation of the material in the Work.
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 26
The manner of collecting and testing samples, as well as all apparatus and equipment used
for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as
the case may be, insofar as these are applicable-unless specifically stated otherwise.
C. Storage of Materials - Materials shall be stored so as to insure their preservation and quality
and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials
improperly stored may be rejected without testing.
D. Defective Materials - All materials not conforming to the requirements of these
Specifications shall be considered as defective and all such materials, whether in place or
not, shall be rejected and shall be removed immediately from the site of the Work, unless
otherwise permitted by the Engineer. No rejected material, the defects of which have been
subsequently corrected, shall be used until approval has been given. Upon failure on the part
of the Contractor to comply with any order of the Engineer made under the provisions of this
article, the Engineer shall have authority to remove and replace defective material and to
deduct the cost of removal and replacement from any monies due or to become due the
Contractor.
3.4 LEGAL RELATIONS AND RESPONSIBIL TY TO THE PUBLIC
A. Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and
licenses as required, however, there will be no charge for the construction permits issued by
the City of Miami Beach. The Contractor shall also give all notices necessary and incident to
the due and lawful prosecution of the Work.
B. Right of Way - In cases where the Work is done on private property the City guarantees the
Contractor the right -o,f-way for the construction of the Work, but the Contractor must take all
precautions not to inconvenience the tenant or property owner any more than necessary. The
right is reserved to omit any sections of the Work which depend upon a right-of-way grant in ,
case such right-of-way is denied the City.
The Contractor shall have no claims for damage due to delay by the City in furnishing
necessary right-of-way, but should any such delay occur the Contractor shall be entitled to
such extension of time for the completion of his Contract as may be determined by the City
to be reasonable.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs win be made as
provided under "Extra Work." Should the Contractor refuse or neglect to make the said
repairs within the time specified, the Engineer shall have the authority to cause such repairs
to be made, in which case the Contractor shall not be relieved in any way from his
responsibility for the work performed by him.
C. Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation wishing
to make an opening in the street must secure a permit from, and will be required to deposit
security with, the Engineer, in a suitable amount to cover the cost of making the necessary
repairs, and the Contractor shall not allow any person or persons to make an opening unless a
duly authorized permit from the City is presented.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
27
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or
service pipe or their accessories at any time before the completion of the Work. The
Contractor is to exercise such supervision thereof as will protect him against defects in the
finished Work.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as
provided under "Extra Work." Should the Contractor refuse or neglect to make the said
repairs within the time specified, the Engineer shall have the authority to cause such repairs
to be made, in which case the Contractor shall not be relieved in any way from his
responsibility for the work performed by him.
D. Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a
sanitary condition, such accommodations for the use of his employees as is necessary to
comply with the requirements and regulations of State and County Boards of Health. He
shall commit no public nuisance.
E. Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the
least obstruction to traffic practicable, and shall provide for the convenience of the general
public and of residents along and adjacent to the Work in a manner satisfactory to the
Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as
little obstruction to the public as possible and shall be lighted and barricaded as hereinafter
provided.
F. Closing Streets - Streets shall not be closed except when and where directed by the
Engineer, and whenever the street is not closed the Work must be so conducted that there
shall at all times be a safe passageway for traffic.
Whenever it is necessary to divert traffic from any part of the Work the Contractor shall
provide and maintain a passable driveway as directed by the Engineer.
Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be
maintained by the Contractor in all cases and the Engineers office and the Fire Department
shall immediately be notified by telephone or otherwise upon the closing and/or opening of
each street or section thereof.
G. Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they
may be necessary. He shall place sufficient lights on and/or near the Work and keep them
burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other
protection about the Work; provide all watchmen by day or night and take all other
precautions that may be necessary; shall maintain proper guards and lights for the prevention
of accidents upon materials, supplies, and equipment, and take all other precautions that may
be necessary for the proper protection of the Work and public convenience and safety.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning
and detour signs at all closures, intersections, and along the detour routes, directing the
traffic around the closed portion or portions of the Work, so that the temporary detour route
or routes shall be indicated clearly throughout its or their entire length.
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 28
H. Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept
accessible to the fire apparatus at all times and no material or obstructions shall be placed
within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as
practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted.
I. Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not
contemplated in the prosecution of this Contract, and in no case will their use be permitted
without the written permission of the City Engineer and a permit issued by the Chief of the
Fire Department.
Where such permission for the use of explosives is obtained the Contractor shall use the
utmost care so as not to endanger life or property, and whenever directed the number and
size of the charges shall be reduced. All explosives shall be stored in a secure manner, and
all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall
be in the care of competent watchmen.
J. Preservation of Property - The Contractor shall preserve from danger all property along the
line of Work, the removal or destruction ofwhich is not called for by the Plans. This applies
to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures,
monuments, pipe, underground structures, etc., and wherever such property is damaged due
to the activities of the Contractor it shall be immediately restored to its original condition by
the Contractor and at his own expense.
The Contractor shall give due notice to any department or public service corporation
controlJing manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting
them to grade, and shall be held strictly liable to the City if any such appliances are covered
up during the construction of the Work.
In such case of failure on the part of the Contractor to restore any such property, or make
good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice,
proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary
and the cost thereof will be deducted from any monies due or which may become due the
Contractor under this Contract. Nothing in this clause shall prevent the Contractor from
receiving proper compensation for the removal or replacement of any public or private
property when same is made necessary by alteration of grade or alignment, and such work is
authorized by the Engineer, provided that such property has not been damaged through fault
of the Contractor, his employees, or agents.
K. Responsibility for Damage, Etc. - The Contractor shall indemnify and save harmless the
City, the Board, and all of its officers, agents,. and employees from all suits, actions, or
claims of any character, name, and description brought for, or on account of, any injuries or
damages received or sustained by any person, persons, or property by or from the said
Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the
use of unacceptable materials in the construction of the improvement, or by, or on account of
any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of,
any claims or amounts recovered for any infringement of patent, trademark, or copyright, or
from any claims or amounts arising or recovered under the "W orkrnen's Compensation Law"
or any other laws, by-laws, ordinance, order or decree, and so much of the money due the
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DA TE: 06121/05 29
said Contractor under and by virtue of his Contract as shall be considered necessary by the
Engineer may be retained for the use of the City, or in case no money is due, his surety shall
be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as
aforesaid, shall have been settled and suitable evidence to that effect furnished to the
Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor,
and other just claims against him or any subcontractor in connection with this Contract and
his bonds will not be released by final acceptance and payment by the City unless all such
claims are paid or released.
L. Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall
be under the charge and care of the Contractor and he shall take every necessary precaution
against injury or damage to any part thereof by the action of the elements or from any other
cause whatsoever arising from the execution or from the non execution of the Work. The
Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or
damages to any portion of the Work occasioned by any of the above causes before its
completion and acceptance except such ordinary wear and tear as may be due to use on
sections opened for service, as hereinafter provided.
M. Opening of Section of Work for Service - Whenever, in the opinion of the Engineer, any
portion of the Work is in acceptable condition for use it shall be opened for service as may
be directed and such opening shall not be held to be in any way an acceptance of the work or
any part of it or as a waiver of any provisions of these Specifications and Contract.
Necessary repairs or renewals made on any section of the Work due to its being opened for
use under instructions from the Engineer, to defective materials or work, or to natural causes
other than ordinary wear and tear, pending completion and acceptance of the Work, shall be
performed at the expense of the Contractor.
N. No Waiver of Legal Rights - The City reserves the right, should an error be discovered in
the partial or final estimates, or should conclusive proofs of defective work or materials used
by or on the part of the Contractor be discovered after the final payment has been made, to
claim and recover by process of law such sums as may be sufficient to correct the error or
make good the defects in the work and materials.
O. Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or
liability upon the Contractor in any part of the Specifications shall not be construed as a
limitation or restriction upon general liability or duty imposed upon the Contractor by the
Specifications, said reference to any specific duty or liability being for purposes of
explanation only. No waiver of any breach of the Contract shall constitute a waiver of any
subsequent breach of any part thereof, nor of the Contract.
3.5 PROSECUTON AND PROGRESS
A. Subletting or Assigning Contracts - The Contractor will not be permitted to sublet, assign,
sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title,
or interest therein to any individual, firm, or corporation without the written consent of the
Board. In case such approval is given the Contractor must file with the Engineer copies of all
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DA TE: 06121/05 30
sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the
Contractor of his liability under this Contract and Bond.
B. Progress of Work - It is understood and agreed that the Contractor shall commence work
not later than the time limit for beginning as set forth in the attached Proposal, and shall
provide an adequate force oflabor and equipment to prosecute the Work at as many different
points as may be deemed necessary by the Engineer so as to insure the completion of the
same within the time limit for completion as set forth in the attached Proposal or Contract,
except that where the Contractor has more than one uncompleted Contract with the City, he
is not to commence another Contract nor place materials on the streets thereof without the
consent of the Engineer.
B. Limitations of Operations - The work is to be confined, at anyone time, to an area not to
exceed 1,500 feet in length; and while the work is actually going on, as much as half this
length may be barricaded to entirely exclude traffic, but not over half; nor will two
consecutive street intersections be allowed to be entirely closed to exclude traffic except by
written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street
is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or
maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings
as may be necessary, provided such structures do not interfere with the reasonable use of the
streets or sidewalks. The size, location, and construction of these must be subject to the
approval of the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as not to
interfere with the operations of other contractors engaged upon adjacent work and to join his
work to that of others in a proper manner in accordance with the spirit of the Plans and
Specifications, and to perform his work in the proper sequence in relation to that of other
Contractors, all as may be directed by the Engineer.
Each Contractor shall be held responsible for any damage done by him or his agents to the
work performed by another Contractor. Each Contractor shall so conduct his operations and
maintain the Work in such condition that adequate drainage shall be in effect at all times.
D. Character of Workmen and Equipment - The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent. Whenever the
Engineer shall determine that any person employed by the Contractor is, in his opinion,
incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be
discharged from the Work and shall not again be employed on it except with written consent
of the Engineer.
All workmen must have sufficient skill and experience to properly perform the work
assigned them. All workmen engaged on special work or skilled work, or in any trade, shall
have had sufficient experience in such work to properly and satisfactorily perform it and to
operate the equipment involved, and shall make due and proper effort to execute the Work in
the manner prescribed in these Specifications. Otherwise the Engineer may take action as
above prescribed.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
31
Should the Contractor fail to remove such person or persons, or fail to furnish suitable or
sufficient machinery, equipment, or force for the proper prosecution of the Work, the
Engineer may withhold all estimates which are or may become due, or may suspend the
Work until such orders are complied with. The equipment used on any portion of the Work
shall be suchthat no injury to the roadway, adjacent property, or other highways will result
from its use; and no item of machinery or equipment, after once being place on the Work,
shall be removed without the consent of the Engineer.
E. Temporary Suspension of Work - The City or Engineer shall have the authority to suspend
the Work wholly or in part for such period or periods as may be deemed necessary due to
unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the Work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the Contract. I fit
should become necessary to stop work for an indefinite period, the Contractor shall store all
materials in such manner that they will not obstruct or impede the traveling public
unnecessarily, nor become damaged in any way, and he shall take every reasonable
precaution to prevent damage or deterioration of the work performed; provide suitable
drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary
structureswhere directed. The Contractor shall not suspend the Work and shall not remove
any equipment, tools, lumber, or other materials without the written permission of the
Engineer.
No allowance of any kind will be made for such suspension of work except an equivalent
extension of time for completion of the Contract.
F. Computation of Contract Time for Completion of the Work - Contractor shall perform
fully, entirely, and in accordance with these Specifications the Work contracted for within
specified time stated in the attached Proposal. In adjusting the contract time for the
completion of the Work, the length of time expressed in days, during which the prosecution
of the Work has been delayed in consequence of any suspension of work ordered by the
Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to
the contract time as set forth in the attached Proposal, all ofwhich shall be determined by the
Engineer, and whose determination shall be binding and conclusive upon both parties to the
Contract. If the satisfactory execution and completion of the Contract shall require work or
material in greater value than set forth in the Contract, then the contract time shall be
increased in the same ratio as the additional value bears to the original value contracted for.
No allowance shall be made for delay or suspension of the prosecution of the Work due to
fault or negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or postponement
occasioned by the precedence of other contracts which may be either let or executed
before the execution of the Contract, or on account of the streets or structures adjacent to
the Work not being in the condition contemplated by the parties at the time of making the
Contract, or on account of delay in the removal of obstructions; but if the Contractor shall
be delayed in the performance of his work by reason of the streets or structures adjacent
to the Work not being in condition contemplated, or on account of delay in the removal
of obstructions, or by reason of the Work or any part thereof being suspended on account
of other contracts, or for any other reason, such allowance of time will be made as the
Engineer shall deem reasonable.
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06121/05 32
G. Failure to Complete the Work on Time - The Work to be done under this Contract is to be
begun on or before the date set forth in the attached Proposal, and shall be prosecuted with
proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully
completed within the time limit set forth in the attached Proposal, and it is understood and
agreed that the time limit for the completion of said Work is of the essence of the Contract,
and should the Contractor fail to complete the Work on or before the date specified it is
agreed that for each calendar day that any work shall remain uncompleted, after the time
specified in the attached Proposal, with any extension of time which may be allowed by the
Engineer for the completion of the Work provided for in these Plans, Specifications, Special
Provisions, and Contract, the sum per day given in the following schedule shall be deducted
from the monies due to the Contractor, not as a penalty but as liquidated damages and added
expense for supervision on each Contract:
The Contractor shall take into account all contingent work which has to be done by other
parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said
contingent work as an excuse for delay in his work or for its non- performance.
Nothing in this clause shall be construed as limiting the right of the Board to declare the
Contract forfeited, to take over the Work, or to claim damages for the failure of the
Contractor to abide by each and every one of the terms of this Contract as set forth and
provided for in the General Provisions, Special Provisions, and Specifications herein
contained.
H. Annulment of Contract - If the Contractor fails to begin the Work under Contract within
the time specified, or fails to perform the Work with sufficient workmen and equipment or
with sufficient materials to insure the prompt completion of said Work, or shall perform the
Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work
as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the
Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act
of bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied
for a period of forty eight (48) hours, 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, the Engineer may give notice in writing to the Contractor and his Surety of such
delay, neglect, or default, specifying the same, and if the Contractor, within a period often
(10) days after such notice shall not proceed in accordance therewith, then the Board shall
upon written certificate from the Engineer of the fact of such delay, neglect, or default and
the Contractor's failure to comply with such notice, have full power and authority, without
violating the Contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use any or all materials and equipment on the ground as may be
suitable and acceptable and may enter into an agreement for the completion of said Contract
according to the terms and provisions thereof, or use such other methods as in its opinion
shall seem advisable for the completion of said Contract in an acceptable manner.
All costs and charges incurred by the Board, together with the costs of completing the Work
under contract, shall be deducted from any monies due or which may become due said
Contractor. In case the expense shall exceed the sum which would have been payable under
the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the
amount of said excess.
BID NO: No. 23-04/05
DATE: 06121/05
CITY OF MIAMI BEACH
33
I. Termination of Contractor's Responsibility - This Contract will be considered complete
when all work has been completed, final inspection made, and the work accepted by the
Board as hereinafter provided. The Contractor will then be released from further obligation
except as set forth in his bond, and except as provided in Article 7.16.
3.6 MEASUREMENT AND PAYMENT
Acceptance and Final Payment - Whenever the improvement provided for under this
Contract shall have been completely performed on the part of the Contractor, and all parts of
the Work have been approved by the engineer according to the Contract, and all trash,
debris, equipment, and other things used in the construction removed from the site of the
construction and from the adjoining land, the engineer, after final inspection as provided
herein, shall certify such fact to the board in writing, recommending the acceptance of the
Work.
Upon acceptance of the Work by the board, a Final Estimate showing the value of the Work
will be prepared by the engineer as soon as the necessary measurements and computations
can be made all prior certificates or estimates upon which payments have been made being
approximate only and subject to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained
under the provisions of this Contract, will be paid to the Contractor within thirty (30) days
after the Final Estimate has been approved by the board, provided that the Contractor has
furnished to the Board a sworn affidavit to the effect that all bills are paid and no suits are
pending in connection with the Work done under this Contract. Upon this final payment the
City is to be released from all liability whatever growing out of this Contract.
3.7 SPECIAL PROVISIONS
A. PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work. The Contractor shall
take every precaution to protect the abutting properties and minimize the possibility of
damage to same. Contractor shall be liable for restoration of all property including City
property .
B. PERMITS: The Contractor shall procure all permits and licenses as required, however,
there will be no charge for the construction permits issued by the City of Miami Beach.
C. CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In
case of conflict between the requirements of Special Provisions and General Provisions, the
requirements of the Special Provisions will prevail.
D. LIMITATIONS OF OPERATIONS:
No work shall be accomplished on Saturdays and Sundays. No work shall take place
between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary
precautions to protect work already accomplished. For any work that the contractor finds
necessary to provide during the above days and times, the contractor must obtain written
BID NO: No. 23-04/05 CITY OF MIAMI BEACH
DATE: 06/21/05 34
authorization from the Public Works or Parking Dept Director, or designated Representative.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
35
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
4.0 MINIMUM SPECIFICATIONS
Group (II)-CONTRACTOR INSTALLED ASPHALT PATCHWORK
4.1 SCOPE OF WORK
A. Preparing Surface:
Prior to the application of the surface course, all loose material, dust, dirt and all foreign
material which might prevent proper bond with the existing surface shall be removed to the
full width of the treatment by means of revolving brooms or approved mechanical sweeper,
supplemented by hand sweeping ifrequired.
B. Tack Coat:
Tack coat shall be Grade RS-2 in accordance with the 1986 Specifications of the Florida
Department of Transportation and shall be heated to such consistency that it can be pumped.
It shall then be applied to the cleaned, patched and dry surface from an approved pressure
distributor, by means of a hand hose. The tack coat shall be applied in a cobweb design in an
amount sufficient to properly insure adhesion and obviate slipping. Precaution shall be taken
to prevent an excess of tack coat which might form pools.
C. Asphaltic Wearing Surface:
. The material used shall conform with the requirements for Type S 1 Asphaltic Concrete
Surface Course as specified in the 1986 Florida Department of Transportation Standard
Specifications for Road and Bridge Construction.
D. Placing Mixture:
The mixture shall be laid only where the surface to be covered is dry and only when weather
conditions, have been determined to be acceptable by the assigned City of Miami Beach
Engineer.
1.) Upon arrival, the mixture shall be dumped into the approved mechanical
spreader, nd immediately spread and struck otTto the full width required, and to
such appropriate loose depth that when the. work is completed the weight of
mixture or thickness required per square yard will be secured.
When waived by the Special Provisions, the mechanical equipment may be
omitted and spreading accomplished by hand as hereinafter provided. The
mixture shall be laid in strips such manner as to provide for passage of traffic.
2.) Before any rolling is started, the finished surface struck by the machine shall be
checked, any inequalities adjusted, all "drippings", (Le. fat sandy accumulations
from the screed, and all fat spots from any source, shall be removed and replaced
with satisfactory material).
3.) When machine finishing is used, an excess amount of mixture shall be carried
ahead of the screed at all times. Hand raking shall be done behind the machine
as required and straight edging and back patching shall be done after initial
compression has been obtained and while the material is still hot.
4.) When hand spreading is permitted or when, in the opinion of the Engineer
because of any project conditioning it becomes necessary to spread by hand, it
shall then be immediately distributed into place by means of suitable shovels and
other tools and spread with rakes in a uniformly loose layer of such depth as will
result in a completed course of thickness required. The loose materials shall then
be compacted with rollers or tamps. Hand work will be paid for at the unit price
per ton as indicated in the Proposal.
5.) Under no consideration shall mixture be laid wet, when rain is falling or when
there is water on the base. The City of Miami Beach Engineer will determine if
the mixture is acceptable, and if the base is suitable.
6.) No skin patching shall be done, and when a depression is to be corrected while
the mixture is hot, the surface shall be well scarified before the addition of fresh
mixture. If irregularities occur greater than the limits herein specified, and are
not corrected while the mixture is still hot, the irregularities shall be cut out the
full depth of the pavement and replace with fresh mixture.
E. Compacting Mixture:
I.) After spreading as specified, the mixture shall be compacted with rollers as
hereinbefore specified. The rolling shall be done in the following sequence with
equipment as shown.
2.) Seal rolling, using tandem steel rollers weighing 5 to ]2 tons, and following as
close behind the spreader as is possible without pick-up, undue displacement or
blistering of the material.
3.) Rolling with self-propelled pneumatic-tired rollers, following as close behind the
seal rolling as the mix will permit. The roller shall cover every portion of the
surface with at least six (6) passes. (Note: This rolling is not required for
asphaltic concrete binder courses).
4.) Final rolling with the 8 to 12 ton tandem steel roller to be done after the seal
rolling and pneumatic-tired rolling are complete, but before the pavement
temperature has dropped below 140 [J F. This rolling shall be continued until all
roller marks and tire marks have been eliminated.
F. ManholesNalve Boxes:
Adjust manholes and/or valve boxes by raising castings method. Final grade will be supplied
by City surveyor.
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DA TE: 06/21/05
CITY OF MIAMI BEACH
37
G. Traffic Loops: Replace 4, 6, and 8 loops, as required.
H. Asphaltic Concrete Patch Work:
I.) Areas to be patched will be a minimum of 100 sq. ft. and will be ready for tack coat
and surface course.
2.) Saw Cutting and Patching: Areas to be patched must be saw cut and squared offas
directedby City representative (minimum of 100 sq. ft.). Asphalt to be removed
down to lime rock base; base to be recompacted either by roller or vibratory tamper.
Area will then be tack coated and surface course applied and compacted.
I. Milling of Existing Asphalt Pavement:
1.) Description:
The work specified in this Section consists of removing existing asphaltic concrete
pavement by milling to improve the rideability of the finished pavement, to lower the
finished grade adjacent to existing curb prior to resurfacing, or to completely remove
existing pavement.
2.) When milling to improve rideability, an average depth of cut will be specified in
the plans.
3.) Unless otherwise specified, the disposal of the milled material becomes the property
of the Contractor.
J. Equipment:
I.) The milling machine shall be capable of maintaining a depth of cut and cross slope that
will achieve the results specified in the plans and specifications. The overall length of
the machine (out to out measurement excluding the conveyor) shall be a minimum of
18 feet. The minimum cutting width shall be six feet.
2.) The milling machine shaH be equipped with a built-in automatic grade control system
that can control the transverse slope and the longitudinal profile to produce the
specified results.
3.) Any commercially manufactured milling machine meeting the above requirements will
be approved to start the project. lfit becomes evident after milling has started that the
milling machine cannot consistently produce the specified results, the milling machine
will be rejected for further use.
4.) When milling to lower the grade adjacent to existing curb or other areas where it is
impractical to use the above described equipment, the use of a smaller milling machine
will be permitted.
5.) The milling machine shall be equipped with means to effectively limit the amount of
dust escaping the removal operation.
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
38
6.) For complete pavement removal, the use of alternate removal and crushing equipment,
in lieu of the equipment specified above, may be approved by the Engineer.
K. Construction:
1.) When milling to improve rideability, the existing pavement shall be removed to the
average depth specified in the plans, in a manner that will restore the pavement surface
to a uniform cross section and longitudinal profile. The Engineer may require the use
of a stringline to ensure maintaining the proper alignment.
2.) The longitudinal profile of the milled surface shall be established on the side of the cut
nearest the centerline of the road. The cross slope of the milled surface shall be
established by a second sensing device near the outside edge of the cut or by an
automatic cross slope control mechanism. The plans may waive the requirement for
automatic grade or cross slope controls where the situation warrants such action.
3.) The Contractor may elect to make multiple cuts to achieve the required pavement
configuration or depth of cut.
4.) The milling machine shall be operated to be effectively minimize the amount of dust
being emitted from the machine. Prewetting of the pavement may be required.
5.) If traffic is to be maintained on the milled surface prior to the placement of the new
asphaltic concrete, the pattern of striations shall be such as to produce an acceptable
riding surface. The Engineer will control the traveling speed of the milling machine to
produce a texture that will provide an acceptable riding surface.
6.) Prior to opening an area which has been milled to traffic, the pavement shall be
thoroughly swept with a power broom or other approved equipment to remove to the
greatest extent practicable, fine material which will dust under traffic. This operation
shall be conducted in a manner so as to minimize the potential for creation of a traffic
hazard and to minimize air pollution.
7.) Sweeping of the milled surface with a power broom will be required prior to placing
asphaltic concrete.
8.) In urban and other sensitive areas where dust would cause a serious problem, the
Contractor shall use a street sweeper (using water) or other equipment capable of
removing and controlling dust. Approval of the use of such equipment is contingent
upon its demonstrated ability to do the work.
9.) To prevent, to the greatest extent practicable, the infiltration of milled material into the
storm sewer system when the milling operation is within the limits of, and adjacent to a
municipal curb and gutter or a closed drainage system, the sweeping operation shall be
performed immediately after the milling operations or as directed by the Engineer.
10.) This operation shall also include the thorough removal of all milled material from the
gutter in such a manner as to protect the curb from damage and to prevent the material
being swept into the inlet openings or inlet grates._The equipment and methods
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
39
uti Iized to sweep the gutter shall be approved prior to beginning and may be changed
or revised to achieve the desired results as directed by the Engineer.
L. Milled Surface:
1.) The milled surface shall have a reasonably uniform texture and shall be within 1/4 inch
of a true profile grade and shall have no deviation in excess of 1/4 inch from a
straightedge applied to the pavement perpendicular to the centerline. The variation of
the longitudinal joint between multiple cut areas shall not exceed 1/4 inch. Areas
varying from a true surface in excess of the above stated tolerance may be accepted
without correction if the City's Engineer detennines that they were caused by a pre-
existing condition which could not have reasonably been corrected by the milling
operations. Any unsuitable texture or profile, as determined by the City's Engineer,
shall be corrected by the Contractor at no additional compensation.
2.) The City's Engineer may require remilling of any areas where a surface lamination
causes a non-uniform texture to occur.
M. Method of Payment:
The quantity to be paid for shall be the area in square yards over which milling is acceptably
completed, as designated and noted in the plans, which will be supplied to the Contractor by
the City. Measurement shall be the final dimensions measured along the surface of the
completed work within the neat lines shown on the plans or designated by the Engineer.
N. Basis of Payment:
1.) The quantity, determined as provided above, shall be paid for at the contract unit price
for Milling Existing Asphalt Pavement.
2.) The price and payment for Milling Existing Asphalt Pavement shall be full
compensation for all work specified in this Section, including hauling off and
stockpiling or otherwise disposing of the milled material.
O. Maintenance of Traffic:
I. ) Work shall be conducted in such a manner that all streets shall be open to traffic at
night. Approved and sufficient barricades, signs and lighting shall be maintained at all
times for the safety of the public and traffic, and to insure that no traffic will pass over
the placed material for at least one (J) hour after it is spread.
2.) Areas to be paved must be barricaded by the Contractor 24 hours prior to
commencement of the work.
3.) It will be the resoonsibilitv of the contractor to orovide all barricades. sie:ns. and
lighting in accordance with the above stated requirements. The Contractor shall be
responsible for providing an off-duty police officer, if necessary to complete job.
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND mE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND mE STRIPING OF CITY
STREETS AND PARKING LOTS
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
40
BID # 23-04/05
5.0 MINIMUM SPECIFICATIONS
THE STRIPING OF CITY STREETS AND PARKING LOTS (Group III)
Must meet Miami Dade County (M.D.C.) and Florida Department of Transportation
(F .D.O.T) specifications. The Contractor must provide a copy of the current M.D.C and
F.D.O.T. striping specifications upon request from the City's Procurement Division.
5.1 SCOPE OF WORK
I STRIPING DESCRIPTION
A. Thermoplastic, 4" Solid Yellow /White
B. Thermoplastic, 4" Skip Yellow /White
C. Thermoplastic, 6" Solid Yellow /White
D. Thermoplastic, 6" Skip Yellow /White
F. Thermoplastic, 8" Solid Yellow /White
G. Thermoplastic, 12" Solid Yellow /White
H. Thermoplastic, 18" Solid Yellow /White
I. Thermoplastic, 24" Solid White
J. RPM's
K. Directional Arrows
M. Handicap Logo & Blue Stripe (parking space)
N. Temporary Striping
O. Removal of Existing Thermo Striping
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
41
CONCRETE CURBING/SIDEW ALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETEIRELATEDMATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
II Striping City Parking Lots:
A. Total Lots: 50 each. Average Lot Size: 1,425 L.F.
B. Colors: Yellow/White
C. The City will provide a Survey and Lay-out for each Lot.
D. Stop Bars
E. Arrows
F. Cross Hatching
G. Disable Logo
H. Re-install Existing Concrete Car Stops
I. Disable Cross Hatching
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
42
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND mE PURCHASE OF
ASPHALTIC CONCRETEIRELATED MATERIALS, AND mE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
Proposal Page 1 of 2
We propose to furnish all labor, material, equipment, supervision and transportation necessary to
deliver and install on an as-needed basis, Concrete Curbing/Sidewalk Construction for the City of
Miami Beach in accordance with the Bid Specifications as follows:
NOTE: BIDDERS MAY BID FOR ONE SINGLE GROUP, IN ANY COMBINATION, OR
ALL GROUPS OF WORK.
Group I - CONCRETE CURBING/SIDEWALK CONSTRUCTION
ITEM # DESCRIPTION EST.OTY UNIT TOTAL
(YEARLy) PRICE
lA)
Remove & Replace 4"
Concrete Sidewalk
3,000 S.F. $
S.F. ~
2A)
Remove & Replace 6"
Concrete Sidewalk
3,000 S.F. $
S.F. i
3A)
Remove & Replace 24"-30" (1,000) L.F. $
Curb & Gutter
L.F. i
36"-42" Curb & Gutter (1,000) L.F. $ L.F. i
4A) Remove & Replace 6"x12" (1,000) L.F. $ L.F. i
Curb
IB) Construct 4" Concrete (3,000) S.F. $ . S.F. i
Sidewalk
2B) Construct 6" Concrete (3,000) S.F. $ S.F. i
Sidewalk
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
43
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
Proposal Page 2 of 2
(Continued)
Group I - CONCRETE CURBING/SIDEWALK CONSTRUCTION
ITEM # DESCRIPTION EST.OTY UNIT TOTAL
lYEARL Y) PRICE
3B)
Construct 18"/ Curb
& Gutter
(3,000) L.F. $
L.F. ~
24" Curb & Gutter
30" Curb & Gutter
(3,000) L.F. $
(3,000) L.F. $
L.F. i
L.F. ~
4B)
Construct 6" x 12"/
Concrete Curb
(3,000) L.F. $
L.F. i
5B)
Construct Pedestrian/
Ramp
(12)
EA. $
EA. i
lC) Extra Strength Concrete/ (1,000) L.F. $ L.F. i
4,000 P.S.I
2C) Addition of Miami beach (4,000) C.Y. $ C.Y. i
Red Coloring Admixture, per
cu.yd.
10) Pavement Restoration S-1 (10) Tn $ Tn i
Asphalt
Group I: Concrete Curbing/Sidewalk Construction: Total $
Written Amount
BID NO: No. 23-04/05
DA TE: 06/21/05
CITY OF MIAMI BEACH
44
Attachment "8"
CONCRETE CURBING/SIDE WALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
PROPOSAL PAGE 1 of 2
We propose to furnish all Jabor, material, equipment, supervision and transportation necessary to
deliver and install on an as-needed basis, Asphaltic Concrete/Related Materials for the City of
Miami Beach in accordance with the Bid Specifications as follows:
Asphaltic Concrete/ Related Material: Contractor will provide Asphaltic Concrete in place,
conforming with the requirements for Type S 1 Asphaltic Concrete Surface Course as specified in the
] 986 Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, as needed, complete with Tack Coat, and properly saw-cut at the following unit prices
in accordance with the bid specifications. (Contractor to provide costs for type I, II and Ill)
Group II - Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt
Related Materials:
Saw Cutting & Parmanent Patching
- 1" Removal & Patching
- 2" Removal & Patching
Both with base and $ ~ of!'
roller compaction 200,000 S.F. ..::>
TYPE/SIZE OF
PROJECT
1.
2.
3.
4.
5.
Roads - 0-200 Tons
Roads - 200+ Tons
Intersections - 0-200 Tons
Intersections - 200+ Tons
Hot Mix to be picked
up by City
Milling Existing Asphalt
Concrete 1" cut
6.
2" cut
3" cut
4" cut
7.
Adjust manhole and/
or valve boxes
8.
Replace traffic loops
(4, 6, 8 loops)
Asphaltic Concrete Work
9.
10.
BID NO: No. 23-04/05
DATE: 06/21/05
EST. ANNUAL QTY:.
OTY.
5,000 Tons
7,000 Tons
],000 Tons
],000 Tons
200 Tons
]2,000 S.Y
12,000 S.Y
]2,000 S.Y
12,000 S.Y
50/50 Each
10 Each
2,000 Tons
CITY OF MIAMI BEACH
45
UNIT COST
TOTAL
/A ~. ,~
$ CpV · /TONS $ JO~ 000 · .11
$ 50. 6~ /TONS $ M0 000. -
~ ~~ ~
$ /0. -/TONS $ 7'} 000. -
~O o~ ;;:-. ~
$.2" · - /TONS $ .?~ (X)O.
$ t{O. ~ /TONS $ ~ 000. ~
~
$ 3. t!! S.Y $ 3~OOO' et
$ 3. ~ S.Y $ 3(p/OOO. ~
$ /. ~ S.Y $ I~OOO. =
$ /. t!!! EA $ /~ tJOO. .,
.. It! I. ~
$ /.5iJ. - EA. $ I ~ 00 o. -
$ I~ o()(J. ~
$;/~()aJ. ~
,
/
~
$~EA
$/JJ5'.,; rrONS
/TONS
$ (, fXl. 000 . e
/
Group II:
Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related
Materials:
$ i 709. dOC). e'
, /"
(jpe J/It/h~ G;vt?N#'~~'4 ,f4/d ~~ fi~
p~~ ~tI MI C~b Written Amount
Total
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
46
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
PROPOSAL PAGE 1 of 4
w~ propose to furnish all labor, material, equipment, supervision and transportation necessary to
deliver and install on an as-needed basis, Asphaltic/Related Materials for the City of Miami Beach
in accordance with the Bid Specifications as follows:
Asphaltic Concrete/Related Material to be picked-up or delivered to the City: Contractor
will provide Type S 1, Type S2 and Type S3 Asphaltic concrete
Hot mix to be picked-up by City, and Cold mix to be delivered, at the following unit prices in
accordance with the bid specifications.
Group III - Asphaltic ConcretelRelated Material to be picked-up or delivered to the City
Item Descriotion Est. Annual Otv. U nit Cost Total
tA ~ ~~ ()()() ~ ~
1. Hot Mix to be 1,500 Tons $ O. /TONS$
picked-up by City /
(,0. ~ rrONS$ /';N}t'Ot). ~
2. Cold Mix to be 2,000 Tons $
delivered to the City ,
Group III - Asphaltic ConcretelRelated Material to be picked-up or delivered to the City
,e
Total $ /r~ 000. ..
()~~ ~~~l'cI /I,vc! #lx~~ ~~,ud' Zb/~y.s ~CI
pQ . ~t!"~f Wri-" Amount
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
47
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
SUMMARY PAGE:
Group I:
Concrete Curbing
Sidewalk Construction:
Total $
??;;z, 770. ~
Group II:
Milling and Resurfacing of
Asphalt Concrete and the Purchase of
Asphalt Related Materials:
Group IV:
Striping - City Roads/Parking Lots
Total si ?O'l d()o. ,~
, /
Total $ /~C/. ()t)(/. ~
/
Total S J/() 1S/'cI
Group III:
Asphaltic Concrete/Related Material
to be picked-up or delivered to the City
.,
GrandTotal s~ 7/~" 97cJ. -
Written Amount
Bidders must acknowledge receipt of addendum (if applicable).
Addendum No.1:
Addendum No.2:
i/,fiR
Insert Date
Addendum No.3:
Addendum No.4:
Insert Date
PAYMENT TERMS: NET 30. If other, specify here
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE
CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE.
NAME! TITLE (Print): lCAt./ I t:./o/'Z'A/rz - hJ/'dlJ/
or
~ .AI'.W //()~VC
__/t/l"11 /t" ZIP .3S/7;:J
TELEPHONE NO: 3d s- ; ~ /- -'~
3l)~- f?d -' ytJ 77
., ,
ADDRESS:
CITY/STATE:
FACSIMILE NO:
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
50
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
BID CHECK LIST
To ensure that your bid is submitted in conformance with the Contract Documents, please verify that
th fi II .. h bid db' d . d
e 0 owm g Items ave een compietean su mltte as requIre .
X Original and one copy of bid (including all submittal information)
General Conditions Section 1.1
Special Conditions Section 2.25
X Execution of Bid
General Conditions Section 1.2
X Equivalents/Equal Product
General Condition Section 1.10
Special Conditions Section 2.27
Insurance and Indemnification (including Insurance Checklist)
X General Condition Section 1.33/1.66
Bid/Performance Bond
X Special Conditions Section 2.12
X Warranty
Special Conditions Section 2.17
X Product/Catalog Information
Special Conditions Section 2.18
X References
Special Conditions Section 2.19 / (Pages 53-54)
X Bidder Qualifications
Special Conditions Section 2.22
X Exceptions to Specifications
Special Conditions Section 2.24
X Contractor's Questionnaire
(pages 55-56)
BID NO: No. 23-04/05
DA TE: 06121/05
CITY OF MIAMI BEACH
51
CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF
ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY
STREETS AND PARKING LOTS
BID # 23-04/05
CUSTOMER REFERENCE LISTING
Bidder'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 Work in accordance with the
Scope of Work/Specifications indicated in these bid documents.
(See Minimum Requirements, Page 2)
. t4tAhi Z?4rk C';;~/,-
Address 1/1 p.~ ;; y,Z 114.-9~' Fe
Contact Person/Contract Amount-JoAfv/,i; ~.~ I. 7 "",'kd~
Telephone/l!ax Number 305- 37S-- .) 3~:1
1)
Company Name
2)
Company Name
r: -';;>.0. /.
/()OO A).a) /(O,l4u-e
Address
4)
Contact Person/Contract Amount ~~./ S-A'.IIA ~ 3 ,;J ,., / /~, ~
. g
Telephone/Fax Number 3tJC- 7 ?~- SfPOO
3) Company Name C;.// d/' ~A~/ ~rn:~
Address 3tJ5 ~. tZf4L ;g//.JC/~A /5/1/
Contact Person/Contract Amount &/ I ~ ~ 4If .3p9 OaJ. e
Telephone/Fax Number 30)... ?,05 -5/7 "
Company Name r: 1> - 0 .. r:
Address ,/ ()tJO IJ.I&J /I 0 ~ ve
Contact Person/Contract Amount~.sl.- > VA ~ iIt"t;tf
Telephone/Fax Number 30-..(- c!7o- 5'3 V7
~S'd ~. ~
./
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
52
5)
j/, 1 J'I'7~ E~ q ·
Address .3 / k'1 Wf7.>/ x-O.s ~ t:7
Contact Person/Contract Amount ~ '*'4;;C.) ~ h k 49' 5"00 tJOO, ..
.. /'
Telephone/Fax Number .3~J- 5:?S- 5;135 .305~- t?R3 -73J>5
Company Name
6) Company Name :;O~~A-5'.h.;,;(./ ~.N~.
Address / c705~ J.J ~ v-J ~~ II e
Contact Person/Contract Amount Eel. 112.. 6 .,gs-o ~. ~
~ /'
Telephone/Fax Number 3c6,- 55-7 - '1,;7 /~ 305- SS--7..;. t:Y/.3?
7) Company Name ;rfe #0 e;:; g-er...r
. ,
Address ?O 75 wr:s/ c7 / L-A;.J~
Contact Person/Contract Amount 2:)e./ a ..!If 3Z, '} 000 . t"~
Telephone/Fax Number 3lJ:S'- ~ST- ?;Jg ~
30,7"- fI~Y'- R~R7
a? ~~/4~
Telephone/Fax Number :J~y ~/ ~ -- D 7'CJ ] o-s-- f/ ~ - / "R'O
c; // ,/ 4";,,., /
;20.6(/)( 33 67tJ9
C'ontact Person/Contract Amount F eI ~~/ c:/
Company Name
8)
Address
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
53
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information supplied in response to this questionnaire is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from
award of this bid.
mmis:;ion of the City of Miami Beach, Florida:
# c:-.
/2$$ ,M. (,&l //0 ~~c. 4~/' fi3.P?..;
"
Principal Office
How many years has our organization been in business as a General Contractor under your present
business name? ~
City of Miami Beach occupational license - state type and number:
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has ~ organization had?
(A) As a General Contractor "'" './~~.s
(8) As a Sub-Contractor ~ )l't?AV..s.
(C) What contracts has your organiz~ion completed?
Contract Amt Class of Work When Completed Name/Address of Owner
'S ~#4~d'~
~ ,
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or an~Aher company name) due to failure to comply with contractual
specifications? A/()
If so, where and why?
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name?
A/()
If so, state name of individual, name of owner, and reason thereof
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
54
In what other lines of business are you finan~ interested or engaged?
OJ! (",
Give references as to experience, ~ility, and fina~lPI stJ"diqg 6.-
5e*~ ,.9 ff~" .&
What equipment do you
and where located?
What Bank or Banks have you
it be awarded to you?
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
AhJJt
,
I HEREBY CERTIFY t
/
<;.-
?,~~.
.. wers are true and correct.
(SEAL)
.t-
How were you notified of this Invitation to Bid?
(SEAL)
o ~ Nit:'"
BID NO: No. 23-04/05
DATE: 06/21/05
CITY OF MIAMI BEACH
55
VEHICLE LIST UPDATED
COMPACTORS
.....age .,
#/0 MAKE MODEL SERIAL NUMBER
R-3 CATERPILLAR CB 534 C 5H-M00221
R-4 CATERPILLAR CB 534 CB5342B600271
R-5 BOMAG 151 AD 220-39
R-6 INGERSOLL RAND 00-24 I YEAR: 1995 1409645BE
TR-1 HYSTER TRAFFIC ROLLER C530 A A91C3472D
TR-2 BOMAG TRAFFIC ROLLER BW11 RH 109A22201707
R-8 HYSTER C 340 A146C1517T
R-9 HYSTER C350B
14 R-4 ASPHAL TROLLER BLUE ENGINE
15 R-5 ASPHAL TROLLER BLACK ENGINE
TR-3 DRE8ER TRAFFIC ROLLER
R-16 INGERSOLL RAND 00-32
R-17 INGERSOLL RAND 00-22
R18 INGERSOLL RAND 00-90 HF
PAVERS
#10 MAKE MODEL SERIAL NUMBER
PV-3 INGERSOLL RAND 880-W 8'-14' 880W6018
PV-4 CHAMPION 780-W 81-14' 30038
PV-5 CATERPILLAR AP800 C 8'-16' 1 PM00738
PV-2 ROAD TEC 445 101-19' 445-201
PV-8 NEIL OM 6500 8'-12' 0031-4269
PV-9 NEIL OM 3000 8'-12' 0171-1067
PV-1 BARBER GREEN 8B-111 8'-14' SB-111X359
PV-7 BLAWKNOX 2181 8'-151 21810108
PV-8 BLAW KNOX 3200 10'-19' 320026-26
VEHICLE LIST UPDATED
t"'C::IY~ L
LOADERS
#'0 MAKE MODEL SERIAL NUMBER
L-1 JOHN DEER 744-H 565781
L-2 CASE 621 JEEOO41977
L-3 CASE 821 LEE0051116
L-4 CASE W-18 9133736
L-5 KOMA TZU WA 320 A30388
L-6 CASE 621 JEE0092901
L-7 CASE 621 JEE0056738
MILLING MACHINES
#/0 MAKE MODEL SERIAL NUMBER
MM-1 WIRTGEN 1900 DC 7.20.09010147.0123
MM-2 ROAD TEC RX-45 125
MM-3 ROAD TEC RX500-4X118 RX500-4
SCREENERS & CRUSHERS
#ID MAKE MODEL SERIAL NUMBER
1 POWERGRID 7215156
2 INERTIA 4048 WO 99231012
3 SIMPLICITY M-14-SCREEN 3514-M 14-448-S
SWEEPERS
#ID MAKE MODEL SERIAL NUMBER
SW-1 LA YMOR 8B 25029
SW-2 LA YMOR 6HB 24572
SW-3 LA YMOR 8HB 266522
SW-4 LA YMOR 8HC 2804505
SW-5 FORD TRACTOR (BLUE) 3930 8D25149
SW-6 BRUCE RL-300 RL-300 86893
VEHICLE LIST UPDATED
SKID STEERS
t"aY~ .)
#ID MAKE MODEL SERIAL NUMBER
BC-1 BOBCAT 873G 873G514141125
BC-2 BOBCAT 873 # 873514124679
BC-3 JOHN DEER 270 262003
BC-4 THOMAS 133 L. E002783
SMALL TOOLS
#ID MAKE MODEL SERIAL NUMBER
1 COLEMAN (1) LIGHT TOWER
2 BOBCAT (1) MILLING ATTACHMENT J.C.B.
MILLING ATTACHMENT
3 BOBCAT (1) INGERSOLL RAND
4 MILLER (1) WELDING MACHINE
7 BILLY GOAT (3) . BLOWERS
8 SAW-CUT MACHINES (2) AIR HAND HELD
9 COLEMAN (2) GENERATOR
10 SAW-CUT MACHINES (3) WALK BEHIND
11 SAW-CUT MACHINES (1) HAND HELD
12 HAND TAMPERS (2) VIB.
DOZERS
#ID MAKE MODEL SERIAL NUMBER
0-1 JOHN DEER 450 880736
BACHOES
#ID MAKE MODEL SERIAL NUMBER
B-1 J.C.B. 217 483435
B-2 CATERPILLAR 416 5PC14502
B-3 JOHN DEER 410C T041 OCA751 043
VEHICLE LIST UPDATED
Page 4
EXCA VA TORS
#ID MAKE MODEL SERIAL NUMBER
RE-1 CATERPILLAR 325 BL 2JR00608
RE-2 CATERPILLAR 325 L 7LM1314
RE-3 CATERPILLAR 325L 7LM00898
RE-4 CATERPILLAR 330L 8FK0180
GRADERS
#ID MAKE MODEL SERIAL NUMBER
G-1 CATERPILLAR 12F 13K311
G-2 PUCKETT BROTHERS 510D PB688J548
G-3 HUBER 650 CM3751
LIST OF TRUCKS
UPDATED 01/17/2005
# TAG* EXP. YEAR /MAKE MODEL VIN#
1 W43YVL 31-Dec 1979 INTERNATIONAL DT-5 DA215JHA31138
2 NOZ46C 31-Dec 1978GMC DT-6 TCE618V574805
3 N1487G 31-Dec 1975 FORD DT-10 Y80DVX47043
4 N0295E 31-Dec 1979 INTERNATIONAL DT-11 CF265J HA23352
5 N6947A 31-Dec 1974 FORD DT -12 W909VT37626
6 N6950A 31-Dec 1972 FORD DT-13 U818VP11446
7 N6267C 31-Dec 1997 MACK DT-14 1 M 1 AA 1 3Y3VW076907
8 N9112E 31-Dec 1984 MACK DT -15 1 M2M120COEA052740
9 M9048Y 31-Dec 1979 INTERNATIONAL DT-16 CG250J HA 13261
10 N1507E 31-Dec 1978 MACK DT-17 DM685S37966
11 N1810F 31-Dec 1978 MACK DT -18 DM685S37965
12 N0244C 31-Dec 1977 MACK DT-19 DM685S34705
13 N1506E 31-Dec 1984 MACK DT -20 1 M2B 120C5EA053138
14 N1763G 31-Dec 1980 MACK DT -21 DM685S44764
15 N1227D 31-Dec 1981 MACK DT -22 1M2B120C7BA048647
16 M4 745Z 31-Dec 1990 MACK DT -24 1 M2AA06Y3LW007357
17 N16568 31-Dec 1991 MACK DT -25 1 M1AA 13Y2MW011433
18 N1222D 31-Dec 1976 MACK DT -26 DM686S2444
19 N6268C 31-Dec 1997 MACK DT -27 1 M 1 AA 13Y2VW081 032
20 N6269C 31-Dec 1997 MACK DT -28 1 M1 AA 13YXVW076905
21 N1228D 31-Dec 1995 MACK DT-29 1 M 1 AA 13Y8SW04 77 40
22 N7432D 31-Dec 1995 MACK DT -30 1 M 1 AA 13Y6SW04 7719
23 N1079E 31-Dec 1993 MACK DT-31 1 M1AA13Y3PW020758
24 N6559F 31-Dec 1993 MACK DT -32 1 M2AA 14Y6PW022529
25 N84538 31-Dec 1983NA VI SV-3 1 HT AA 1754DHA 11704
26 X39EHN 31-Dec 1976 FORD SV-4 F70EVB10061
27 N0249C 31-Dec 1985 CHEVY SAND BM7D1Y88V132619
28 N 1486G 31-Dec 1986 FORD TAQ-1 1FDNF70H4GVA44529
29 W478HS 31-Dec 1990 INTERNATIONAL T AQ-2 1 HSHA TVN9LH260349
30 N1078E 31-Dec 1989 INTERNATIONAL T AQ-3 1 HTLDZZN6KH628124
31 N6716G 31-Dec 19881NTL T AQ-4 1 HTLDUXNOJ H559421
32 W42YVL 31-Dec 1979 FORD R-1 R909VEB3152
33 V73RKP 31-Dec 1973 MACK R-2 R685ST33763
34 UOOILU 31-Dec 1985 VOLVO R-3 1WUBDJE1FN072287
35 W20XAF 31-Dec 1994 MACK R-4 1 M2AA 13Y1 RW046290
36 W79HUY 31-Dec JOHNSTON SW-7 1 J9VM3H48TC 172044
LIGHT TRUCKS & AUTO
UPDA TED 01/17/2005
# 7f1G# EXP. YEAR /MAKE MODEL VIN#
1 W37FCR 30-Jun 1994 CMC P-1 1 GTDC 14ZXRZ550709
2 V66FAJ 30-Jun 1994 CHEW P-2 1GCDC14Z9RZ225713
3 V67FAJ 30-Jun 1993 CHEW P-3 1GCDC14Z1 PE166919
4 X57KRM 30-Jun 1994 CMC P-4 1GTEC14Z5RZ548547
.
5 X56KRM 30-Jun 1986 FORD P-6 1 FTCF15Y5GNA62443
6 V10WDT 30-Jun 1988 CHEW P-7 1GCDC14H6JZ1 70388
7 U40FF2 31-Dec 1987 CHEW P-8 1 GCGR23K8HS1 75089
8 X58KRM 30-Jun 1988 CHEW P-9 1 GCHV33K5JJ 130659
9X74LYM 30-Jun 1988 CMC P-10 1GTGR23K3JJ512411
10 U39FFZ 31-Dec 1989GMC P-11 1 GTGR23K4KJ51 0765
11 X51 ZNZ 30-J u n 1987 CHEW P-12 1GCGR23K6HS163717
12 U69TFQ 30-Jun 1993 FORD P-13 1 FTDF15Y1 PNB31472
13 U82JGB 30-Jun 1997 CHEW P-14 1GCEC14W3VZ102199
14 W80HUY 30-Jun 2000 CHEW P-15 2GCEC19VA Y1 408762
15 X55KRM 30-Jun 1995 FORD P-16 1 FTDF15Y9SNA 11072
16 00Z4ME 30-Jun 1989 CHEV P-17 1 GCDC14HOKE150694
17 T90WLH 30-Jun 2000 CHEW SUBURBAN 3GNEC16T4YG207364
18 U95FGZ 30-Jun 1988GMC SV-1 1 GDHR34K6JJ515095
19 W3401 X 30-Jun 1983 CMC SV-2 1 GDHC34M5DV5 18568
. ",..,...l\'!l':('~~""'~~~.""~""f:""..""~"!<f"<.'l~~~_~~-tJ:~.J"'~~~_,:'~' ...~~"'~~~...,.:.~.,..~;,;;~;~;:.:::.;~.~;:~:..~~~:".,.:~..~:_.,.::".'.'..
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E &: R PAVING, INC.
S'L'ATEMENT. OF INCOME
FOR THE YE~AR ENDED DECEMBER 31, 2004
Revenues:
Contracts
Revenues
Costs of revenues earned
Cont~acts
Cost of revenues
GROSS PROFIT
..Sellj_ng.. ge:ler2.1 c.nda.dmi:.istrati ve expenses
INCOME FR07.~i OPERATION:::
~
Other income:
Interest and dividends
Miscellaneous income
INCOME BEFORE INCOME TA)':ES
:ncome taxes - Note B
:NET INCOME
See note::.; to financial statements.
- 6 -
$20,711 380
3,974 536
24,685 916
17,702,549
2,158.168
19,860,717
4,825,199
1,232t798
· 3/592,'401
19, '268
127,'817
3r739,~86
Nbn.e
$ 3,739,486
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~ Comprehensive income:
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securities ava~lable for sale
....;
Total comprehensive inccrne
Payment of dividends on
convnon shares
Balances December 31, 2004
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H lAc :t ~Av:mG, INC.
STATJW::::('l' OlP Clti\.llG3~ IN' STOCXHOLDERS I EQO':I'r'':.
Fe:-, TD 'YXAP.. mmED DBCIJ:)mBR 31, .2004
.o'~cumulatcC: oth<'1r
"O%llprehen&3.v'!t
:~.!1come (loB!!)
." (18,387)
$ 500
$
.......=-...
29,937
29,937
500
il,550
.-::...---..=-:
Rotain~d
earnini:Ts
$ 5,884,757
3,739,486
3,739,486
(2.8U,02.U
$ 6,783~2l9
~
Total
$ 5,866,870
3,739,486
~9,937
(2,841,024)
............ ....-.-....-
$ 6,795,269
- 7 -
s~. notes ~o financial statements.
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. ""':";;'~\"~~.\~""!<'~)""""~'''''''~~f''"i':'t~<,(,~f':'.(,:~AV,t~\\'''"''''''.'''''.'9'':" ..'.,. .~., ',,' .......
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Ii E R PAVING, INC.
ST.'.\:': :~ME~TT OF CASH FLOWS
FOR THE Y:."\R ENDED DECEMBER 3:1, 2004
CASH FLews FROI\{ O?ERATING.~CTIVITIES:
-.
Net income
Depreciation
(Increase) in contracts r€~eivable
Increase in COS1: a.nd estircated earnings in
excess of billings on u~:~..::ompleted contracts
(Increase) in prepaid expenses
and other assets
Increase in accounts payar.le
(Increase) in billings in 2xcess of costs and
estim,-::'.ted earnings on u::,.completed contracts
Net cash provided by opE::ating acti vi ties
C.~SH FLIOWS F:10M (u.sed in) J:NVESTI~IG ACTIVITIES:
Equipment p~rchases
Net cash (used in) inver::-,;:ing acti vi ties
CASH FLO!,yS FRO!Y! FINAl-reINe', ACTIVITIES:
...
$ 3,739,486
420,854
(1, 5 0 I, 4 '6 4 )
(606,292)
(27,612)
1,625,457
4~:t:.2.]:.
4,051,590
(1,382,769)
(1,382,769)
Dividends (2,841.024)
N t ' ( r:!').c' , J' '\-'
e cas.n US2~ ~n .,-J.nanc~,.:l.g aci:.~ vJ.'~~es
Net decrea,se in c2...sh and c.~sh equivalents
cash equivalents
Cash and cash equivalents ~t beginning of year
Cash and cash equivalents ~t December 31, 2004
See not( 1 to financial statements
- 8 -
(2,841,024)
(172 , 203 )
2 , 0 9 0 , 24:1
$ 1,918,03$
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H & R PAVING, INC.
NOTES TO FINl~CIAL STATEMENTS
FOR THE YEAR E~~ED DECEMBER 31, 2004
NOTE A - STJ'MMA.R.Y OF SIGN.::FICANT ACCOUNTING POLICIES
General
TC1.e company was ir corporated under the laws of the State of
Florida in Au.gu.st,. 1976 for the purpose of pe:;::forming construction
contracts; road paving; producing and sellir-g ~sphalt and providing
asphalt ha.~_lling services.
NOTE B - SIGNIFICANT ACC~UNTING POLICIES
Use of Estimat~_~
The accounti~ policies and reporti~ practices of H & R Paving
Inc. conform to the predominant practices in the construction
. industry and are based on accounting principles generally accepted
in the Ur..i ted States .)f America. Management uses estimates in
preparing the financia; statements in conformity wi'th generally
accepted accounting prin:iples.
Si~ificant estima~es include cOllectibility of contracts
receivable, billings in ~xcess of (or less than) costs and estimated
. 1 .. f ,
earnlngs on unco~ ete~ contracts, profitability on lo~ tern
contracts, as "iell as r'ccoverabi,lity of long-term fixed asset"s and
other i~estments. Th~se rr~nagement I estimates and assu~tions
affect the repo~~ted amo'.nts of assets,' liabili ties, disc:iosures of
contingellt assets and iabilities at the date of the financia::"
stater.1ents and Ule repm .:ed amOu....lts of rever:ues and expenses during
the reporting period. Actual results cotild differ from those
estimates..
Revenue aJ2~d cQ..$.ts reCOqD".:~ tioD:
Revemle from contr;cts is recognized on the percentage of
co~letion method, meas~-ed by the percentage of incurred costs
to date to total costs \which include estimated costs to complete~
for each contract.
Contract costs inc~ude all direct material and labor costs
including benefits and those indirect costs related to contract
performance, such as indirect labor, supervision, supplies,
equipment rental, ibcontractors, maintenance, insurance,
professional ~ees, depresiation, hauling and repairs.
- 9 -
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~: & R PAVING, INC..:
NOTES '-:0 F!~T.A.~TCIAL STATEMENTS
FOR THE ;;, .~:~..'R If~~.:.uED DECE:MBER 3:t r 2 0 04
NOTE B - SI;~NZFrCJ.~NT A.CCC.:NTING POLICIES
(CONTINUED)
Selling, general and administrative costs are charged to expense
as incurred. Cha~es _n job perfo~ance, job conditions, and
estimated profitability, including final contract settlements may
result in revisions to c'sts and income, and are recognized in the
period in w]:1ic;:1 the revi~'.ons c.re determined.
Casb~.d Cct~h eQi valentE:
For purposes of the statement of cash flows, H & R Paving Inc.
recognizes all highly liquid debt ,instruments purchased with an
original maturity of thrE2 months or less to be cash equivalents.
Property, c.':::~precj_ation, ~:;'ld amq;-tization
Property consisting of equipment, automobiles, trucks and
. leas'}hold improvements is sta'ced at cost. Depreciation and
amortizatio:1 are comput"d on the straight:-line method over the
estimated t'seful lives 0,0 the respective assets, which' are 3 to 7
years. See also Note F.
Long-lived a.sE;etg to be held G.nd used are reviewed for impairment:
whenever events or chanc,=s in ci.rcumstances :L::J.dicate the related
carryir.g ar.1ount may not ;'t:;e recoverable. When required, impairment
losses on 2,ssets to be >eld ang used are recognized based on the
excess of the asset's ca=~ing amount and fair value of the asset.
Long-lived assets to be disposed of ate reported at the lower of
carrying amount or fair v01ue less cost to sell.
..;
.Inve.~tment ..:Ln sec~.J.ri ties
Imres,tme:lts in equity securities that have readily dete~inable
fair values and all in- ,=stments in debt securities are accounted
for as follows:
Debt securities that B & R Pavi~ Inc. has the positive intent
and ability to hold to raturity are classified as held-to-maturity
securities and reported at amortized cost. H & R Paving Inc.
currently has no securiti~s classified as held to maturity.
Debt and equity securities that are bought and held' principally
for: the purpose of sell:,ng them in the near term are classified as
trading securities and reported at fair value, with ~realized and
realized gains and losses included in earni~s. H & R Paving Inc,
currently has no trading 3ecurities.
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.;\ & R PAVING~ INC.
NOTES TO FI~rANCIAL STATEMENTS
FOR THE "S":3AR El'DJED DECEMBER 3 1, 2004
NOTE B - SIGNIFICANT ACCC<JNTING POLICIES
(CONTINUED)
Debt and equity securities not classified as either
held-to-mat~rity securities or trading securities are classified as
available-far-sale secuyities and reported at fair value, with
unrealized gains or loss~s excluded from earnings and reported in a
separate component of s- ockho::.ders I equity until these gains or
losses are realized.
If a secur~cy has decline in fair value that is other than
tempo:Lary, t.hen the secu:.ity v.;."3-11 be written down to its fair value
by recording a loss in t~ ~ statement of income.
..
Cost of se~urities sold is recognized using the specific
. identification method.
Income taxefJ.
Since c.e E s~ R elec ~'.ed I!.s II Corporation status, for federal and
state corporate income .:ax p~rposes, its income and expenses are
taxed directly ~o its shareholders; consequently, there is no
income tax reported in t-:H?se financial statements.. H & R reports
for tax pi..:rposes depre .~iation and amort ization exper:se using
accelerated methods, ~~le fo~ financial reporting depreciation
and amortization expens. is recorded o~ the straight-line met~od.
Contract ~evenues are reported on lthe percentage of completion
method for both tax and ~inancial reporting.
NOTE C - Il\fvESTMENT IN FSCURI'J.'IES AVAILABLE FOR. SALE
Consists of the :Eollowin~.':.:
Amort:ized
Cos_~~
Estimated
Fair value
Gross
Gains
Unrealized
Gains
Current Assets:
Money maykeJ,: $ 280 $ 280 $ -0- $ -0-
Common stocks 170,432 170,462 -0- 11,550
$ 170,742 $ 170,742 -0- $ 11,550
--------- ---------- ------ --------
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q & R PAVING, INC.
NOTES TO FINANCIAL STATEMENTS
FOR THE ....EAR ENDED DECEMBER 31, 2004
NOTE D - COI\TTP..ACTS RECEI'''ABr..JE
As of Decern~er 31, 2004:
Contrac~s receivable
Billed:
Conple:ted contrai:'-cs
Retai~ed, less n-~-current portion of $ 0
Uncompleted contu3.cts
Unbilled
IJess: ]:..llo'Vv'ances fc r doubtful accounts
All retainages a~ of December 31, 2004 are
collected within one yea: .
NOTE E - PROPERTY
Trucks, ccnstruction and
other eq:u.ipment
Furniture, fixtures ~~d
office e~uipment
LIFE
lS yea.rs
3 - 5 years
~ess ~,"l=:,ovia.:J.ces for '.~eprec:Lation
NOTE F - ACCOTJNTS PAYABL~
$ -0-
211,404
4,491,724
4,703-,128
None
144,550
$4,558.,578
-------:----
-----------
expected
to
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AMOUNT
$3,184;570
2 7~6 4_
3,212,434
(1,251,130)
$1,961,304
-----------
-----------
Accoun"cs payable a.s '-'f Dec'2mber 31, 2004 include amounts due to
subcontractors ~otaling :.;:318,359 including retainages of $ _ 0- .
All accounts payable are expected to be paid within one year.
NOTE G - COST A2-i'D ESTlMA.":"ED EA.~NINGS ON UNCOMPLETED CONTRACTS
Costs incurred on uncomD.~ted contracts
Estimated earnings -
Less: Billings to date
- ~2 -
$ 14,630,323
3,225,807
3.7,856,130
18,248,001
$ (391,871
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::-3: & R PAVING, INC.
NOTES ~:::o FINANCIAL STATEME~TTS
.70R THE .: ~,~ E~T.DErJ DECEMBER 31, 2004
NOTE G - COST A_~1) ESTJ:M:.':.'~D EAP.}lINGS ON UNCOMPLETED CONTRACTS _
CO]~TI1WED
Included in. the accompany:~_ng ba.lance sheet under the
following captions:
Costs and estimated earnings in excess of
billings on uncomplc::ed contracts
Billings in excess of (~sts and estimated earnings
on unccnpleted contrc~ts
~? 746,914
(1,138,791)
$ (391,877)
NOTE H - FINA.t.~CIAL INSTRr:iENTS WITH CONCENTRATI01'i OF CREDIT RISK
------------
-----.-------
H &: R Paving, Ine. me; int.ains its cash in bank deposi t accou!:.t s
which, at times may e:, ':eed federally insured limits, a:ld in
two other f inanc3.al inst:.:utions. H & R has not expetrienced any
losses in such accountE. H & R believes it is not exposed to
any signific2.nt credit r:"jk 0:1 cci.sh and cash equivalents.
H & R Pavi.ng 1 Inc. r .,:f="forms highway construction proj ects in
South Flori.da for the Stolte Department of Transportation, certain
ci ty and county goverr~lents oJ.: agencies and other contractors.
During the ye2.:r.' ended Dec',::mber 31, 2004 gros s contract revenues a.nd
contracts receivable were distributed~ as follows:
Revenues
65.45.%
18.47.!l$
16.08.%
Miami Dade
Receivable
62.50%
22.15%
15.35%
D.O.T
Other
County
NOTE I
BACKLOG
Backlog, representin~. the gross revenues on
work to be :.;>erformed on c.)ntracts existing at
December 311 2004 is app:~. .)ximately.
Contracts signed but 'lot commenced
$ 5,665,188
_lt249, 28~
$ 8,914,477
NOTE J - L:r.~iE OF CP.EDIT
-----------
-- - - - -- - -------
Tb.e Company has a::', unsecured on demand line of credit with a
bank for $500,000 at the one month LIBOR plus 2% guaranteed
personally by the sharehclder. The agreement requires the Compa.ny
to maintain certain fj~ancial ratios and other covenants. No
amounts were borrowed by the company at Dece~ber 31, 2004.
- 13 -
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1 & R PAVING, INC.
NOTES 20FI1\IANCIAL STATEMENTS
FOR THE :i8Ai'~ ENDED DECEMBER 3 1, 2004
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NOTE K- D~3 FROM AFFILI1~E
The Compa.ny has adva::..'ced on.an unsecured basis $545,850 without
interest to an affiliate~~ company for purchase of equipment for an
asphal t plant. No paymer..:::s have been made during the period.
NOTE L - RELATED PARTY TF:lliSACTIONS
The Ccmpany 'cransact:.):J.s with related companies are as follows:
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Rental Payments $118:JOO.
~---
The CompaJ.'lY conduct::: its operations from facilities owned by
affiliated companies. Tr:r'~ leases have a nine year term expiring on
.December 31, 2008 and provide for yearly rentals of $118,000
Additionally, the compan~{ is responsible for insurance, real estate.
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LlJIS M. DE LOS S~~~TOS
CERTIFIED PUBLIC ACCOU.NTAl\IT
7950 W. Flagler, Suite 107
Miami, F133144
(305) 266-1152
(305) 266-0030 FAX
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To The Stockholder
H & R Pavi:.:?.g, Inc.
Miami., Flc1rida
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:~~8PORT OF INDEPF..:~:IDENT CERTIFIED PUBJ~IC ACCOmTTANT
ON Sr'?PLEMENTARY :rNFORMA'l~ION
My report on my aud-it c the basis financial statements of H & R
Paving, r,::c. for the yea,_' ended December 31, 2004 appears on page 3.
This audi~ was conductec for the purpose of forming an opinion on
such financial statements taken as a whole. The additional analysis
and is not a required pa~t of the basic auditing proce~res applied
in the audit of the basis financial statements and, in ~ ~inion.
is fairly stated in all ::\ater:.ar respects in relation to the basic
financial c'::.atements take:l as a whole. ;
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February 14, 2005
Miami, Florida
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H & R PAVING, INC.
GEll~RAL A't\...:' ADMINISTRATIVE EXPENSES
FOR THE XE"R ENDED DECEMBER 3l, 2004
Advertising
Commissions
Bad Debts
E::1tertainment and promotic"}_s
Employee benefits
Licenses and taxes
Legal expense
Mi scellaneot.:'..s
Office expense
Professional fees
Rent
Salary-officer
Salaries-general
Telephone
..Travel exper...~3e
Training e~ployees
!
....
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- 17 -
$
35,682
60,619
30,865
20,431
92,252
3 8 , 2 5.5
33,400
21,816
51,298
55,339
127,700
26,S-00
552,836
17,500
41,027
27,278
$1,232,798
----------
----------
Maior Proiects ComDleted in Past Four Years
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Date of Completion:
.?i.
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Date of Completion:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Date of Completion:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Date of Completion:
Coral Way Improvement Project.
F.D.O.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 5,678,000.00
September 2002
Sunset Street Improvement Project.
F.D.O.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 900,000.00
December 2002
Emergency Maintenance Contract.
F.D.O.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 457,000.00
January 2002
ONIBP 6300130 Resurfacing.
Miami-Dade County Public Works Department
Joaquin Rabassa, 305-375-2392
$ 1, 700,000.00
December 2002
QNIBP 630014Q Resurfacing.
Miami-Dade County Public Works Department
Joaquin Rabassa, 305-375-2392
$ 1,700,000.00
December 2002
Resurfacing-Restripping Omni Area
City of Miami
C. Munoz, Project Engineer
$ 85,000.00
June 2002
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Completed:
Open Contract #24
Miami-Dade County Public Works Department
Joaquin Rabassa, PH#: 305-375-2392
$ 1,450,000.00 + ch. order of $500,000.00
June 1999
Resurfacing Contract #43
Miami-Dade Public Works Department
Joaquin Rabassa, PH#: 305-375-2392
$ 450,000.00
March 1999
Open Contract #22
Miami-Dade County Public Works Department
Joaquin Rabassa, 305-375-2392
$ 1,950,000.00
August 1998
Maintenance Contract
F.D.O.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 350,000.00
July 1998
Hunting Lodge Drive Street Improvement
City of Miami Springs
Maria Davis I Bill Wilson
$ 390,000.00
November 2001
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
E - 6A63
F.D.C.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 696,000.00
E - 6A92
F .D.O.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 317,500.00
E - 6993
F.D.C.T. (Florida Department of Transportation)
Jesus Valderrama (Engineer Division Dist. #6)
$ 163,000.00
E - 6A68
Miami-Dade County Public Works Department
Joaquin Rabassa, (305) 375-2392
$ 161,000.00
630158Q
Miami-Dade County Public Works Department
Joaquin Rabassa, (305) 375-2392
$ 750,000.00
629902
Miami-Dade County Public Works Department
Joaquin Rabassa, PH#: (305) 375-2392
$ 2,000,000.00
640383
Miami-Dade Public Works Department
Joaquin Rabassa, PH#: (305) 375-2392
$ 1,000,000.00
640384
Miami-Dade County Public Works Department
Joaquin Rabassa, (305) 375-2392
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amount:
Project Name:
Owner:
Owner's Rep.:
Contract's amou nt:
$ 1,000,000.00
640385
Miami-Dade County Public Works Department
Joaquin Rabassa, (305) 375-2392
$ 1,000,000.00
RM 06 - 01/03
Miami-Dade County Aviation Department
Alex Montalvo, (305) 876-7927
$ 4,500,000.00
E - 6A59
F.D.C.T. (Florida Department of Transportation)
Jesus Valderma (Dist. #6)
$ 3,500,000.00
Resurfacing Program
Town of Miami Lakes
Russell Barnes, (954) 415-1030
$ 500,000.00
Resurfacing Project
Village of Islamorada
Mike Tavano, (305) 481-5566
$ 500,000.00
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IMIAMI.DADE COUNTY PUBLlC'WOR~~PE.p;ARTMENT j".:TRADEt ..
111 N.W. 1st STREET. SUITE)p_1P;:::.:;;,~,". ',," " I J'cENGXNEERJ:NG'
MIAMI, FL 33128 ".. ,',(305) 375-2705 1 . SKILL:" ELIGIBLE
CATEGORY(S):
'PAVING"ENGINEERI
PERS'ONAL'
'CERTIFICATE OF ELIGIBILITY ~,
EXPIRES ON: 09/30/2005 ~,
GONZAlEZRAUl." JR
55#: 267-78-8108
PLACE
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! Signature of Certificate Holder
Certificate Not Valid ForContracling ;,~ HERMINIO ; GONZA[EZ, , P. E.
"~ro?erty ot,M,i~n:i.Da9~ ~~i~i~~ _~?~~, ~~~p~i~~~~ ~~i?~.,', '. ~..~r~I~,~.C_O~SI~:li~n_T~a~e~ ~~~'~ly~:~, ~o~rd_ ..
INSTRUCTIONS
--.
1. 'SIGN CERTIFICATE'~';-". ATTACH' PICTURE: _, FOLD~ _' LAMINATE
',2. NOTIFY; CONTRACTOR" SECTI(lN':'DF~ ANY ~ CHANGE OF ADDRESS.
'3. 'ABIDEBY~'THE RULES, AND REGULATIONS' OF CHAPTER 10
OF THE CODE OF "IAPJI-DADE.' COUNTY.
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NOTE: THIS LICENSE. IS ,THE PROPE'RTY~. OF MIAAI-DADE BUILDING
CODE COMPlIANCE'OFFICe.
GONZALEZ RAUlJR
1955 NW 110 ,. AVE
MIAMI
Fl'33172
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IMIAMI-OADE COUNTY PUBLIC WORKS DEPARTMENT
111 N.W, 1st STREET, SUITE 1510
MIAMI, FL 33128
(305) 375-2705
-CONTRACTOR
,- TRADE:
ENGINEERING
CATEGORY(S);
PAVING ENGINEERI
PLACE
PHOTO
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BUSINESS
'CERTIFICATE OF 'COMPETENCY'
EXPIRES'ON,09.130/2005
.H& R PAVING INC
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'c.e. NO.: E844
! ,Q.A.: GONZALEZ RAUL.JR
OUAL~~~~gi);.,~~~l~Js~~,~Ym CONTROL ALL WOAK~
INSTRUCTIONS
~.",_. 1. SIGN 'CERTIFICATE "-:" ATTACH PICTURE - FOLD - lAfIlINATE
2. 'NOTIFY-CONTRACTOR SECTION OF-ANY'CHANGE OF ADDRESS.
3. ABIDE'BY THE RULES-AND REGULATIONS OfCHAPTER'lO
OF THE CODE OF MIAMI-DADE COUNTY.
NOTE: THIS lICENSE IS' THE' PROPER'TY' O,F MIAMI-DADE BUILDING
CODE COMPLIANCE OFFICE.-
H't R'PAVING IHe
'1955'NW'110 AVENUE
MIA~I . Fl!33172
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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, d~feat 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, . . I, 2, 3-4-92; Ord. No. 92-2785, . . I, 2, 6-17-92)
Cross reference(s)--Definitions generally, . 1-2.
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:
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CITY OF MIAMI BEACH
56
(1 ) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional City commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an amendment
to the registration forms, although no additional fee shall be required for such amendment.
The lobbyist has a continuing duty to supply information and amend the forms filed
throughout the period for which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identify all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
.( d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited to
a specific description where applicable of a pending request for a proposal, invitation to bid,
or public hearing number. The City clerk shall reject any registration statement not providing
a description of the specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(t) 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) ]n 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 (t) 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 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)
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CITY OF MIAMI BEACH
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Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with
the City who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city
commission, planning board, board of adjustment, or other board or committee and has no
other communication with the personnel defined in section 2-481, for the purpose of
self-representation without compensation or reimbursement, whether direct, indirect or
contingent, to express support of or opposition to any item, shall not be required to register
as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on forms available at the
public hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code violation, a
nuisance abatement board hearing, a special master hearing or an administrative hearing
shall not be required to register, nor shall any agent, attorney, officer or employee of such
person.
(Ord. No. 92-2777, . . 4, 5, 3-4-92; Ord. No. 92-2785, . . 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices of the mayor and city commission, the offices of the city manager, and the offices of the city
attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration
when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, . 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October] 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 may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of
any investigation and shall have the opportunity to rebut the findings, if necessary, and
submit any written material in defense to the city commission. The city commission may
reprimand, censure, suspend or prohibit such person from lobbying before the commission or
any committee, board or personnel of the city.
(Ord. No. 92-2777, . 6, 3-4-92; Ord. No. 92-2785, . 7, 6-17-92)
BID NO: No. 23-04/05
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CITY OF MIAMI BEACH
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other than audit
contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for qualifications
("RFQ"), request for letters of interest ("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, RFQ, RFLI, or bid
between the mayor, city commissioners, or their respective staffs, and any member of the city's
administrative staff including, but not limited to, the city manager and his or her staff; (c) any
communication regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection
committee; and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the
mayor, city commissioners or their respective staffs and any member of a city evaluation and/or
selection committee. Notwithstanding the foregoing, the cone of silence shall not apply to
competitive processes for the award ofCDBG, HOME, SHIP and Surtax Funds administered by the
city office of community development, and communications with the city attorney and his or her
~af( .
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the
city manager or his or her designee shall provide for public notice of the cone of silence. The city
manager shall include in any public solicitation for goods and services a statement disclosing the
requirements of this division.
b. The cone of silence shall terminate (i) at the time the city manager makes his or her written
recommendation as to selection ofa particular RFP, RFQ, RFLI, or bid to the city commission, and
said RFP, RFQ, RFLI, or bid is awarded; provided, however, that following the manager making his
or her written recommendation, the cone of silence shall be lifted as relates to communications
between the mayor and members of the commission and the city manager; providing further if the
city commission refers the manager's recommendation back to the city manager or staff for further
review, the cone of silence shall continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or (ii) in the event of
contracts for less than $25,000.00 when the city manager executes the contract.
(3) Exceptions. The provisions of this section shall not apply to: (a) oral communications at pre- .
bid conferences; (b) oral presentations before evaluation committees; ( c) contract discussions during
any duly noticed public meeting; (d) public presentations made to the city commissioners during any
duly noticed public meeting; (e) contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid by the city commission; or (t) communications in writing at any time with any
city employee, official or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RFLI, or bid documents; or (g) city commission meeting agenda review
BID NO: No. 23-04/05
DA TE: 06121/05
CITY OF MIAMI BEACH
59
meetings between the city manager and the mayor and individual city commissioners where such
matters are scheduled for consideration at the next commission meeting. The bidder, proposer,
vendor, service provider, lobbyist, or consultant shall file a copy of any written communications
with the city clerk. The city clerk shall make copies available to any person upon request.
(b) Audit contracts.
_ (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and 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: (b)
any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
commissioners or their respective staffs and any member of the city's administrative staffincIuding,
but not limited to, the city manager and his or her staff; and (c) any communication regarding a
particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or
consultant and any member of a city evaluation and/or selection committee; and (d) any
communication regarding a particular RFP, RFQ or bid between the mayor, city commissioners or
their respective staffs and any member of a city evaluation and/or selection committee.
Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city
attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed
upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ,
RFLI, or- bid. At the time of the imposition of the cone of silence, the city manager or his or her
designee shall provide for the public notice of the cone of silence. The cone of silence shall
terminate (a) at the time the city manager makes his or her written recommendation as to selection of
a particular RFP, RFQ, RFLI, or bid to the city commission, and said RFP, RFQ, RFLI, or bid is
awarded; provided, however, that following the manager making his or her written recommendation,
the cone of silence shall be lifted as relates to communications between the mayor and members of
the commission and the city manager; providing further if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence shall
continue until such time as the manager makes a subsequent written recommendation, and the
particular RFP, RFQ, RFLI, or bid is awarded or (b) in the event of contracts for less than
$25,000.00 when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider,
lobbyist, or consultant (a) from making public presentations at duly noticed pre-bid conferences or
before duly noticed evaluation committee meetings; (b) from engaging in contract discussions
during any duly noticed public meeting; (c) from engaging in contract negotiations with city staff
following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (d) from
communicating in writing with any city employee or official for purposes of seeking clarification or
additional information from the city or responding to the city's request for clarification or additional
information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The
bidder or proposer etc. shall file a copy of any written communication with the city clerk. The city
clerk shall make copies available to the general public upon request.
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(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service
provider, consultant, or other person or entity from publicly addressing the city commissioners
during any duly noticed public meeting regarding action on any audit contract. The city manager
shall include in any public solicitation for auditing services a statement disclosing the requirements
of this division.
(c) Violations/penalties and procedures. A violation of this section by a particular bidder,
proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer,
vendor, service provider, lobbyist, or consultant to the same procedures set forth in Division 5,
entitled "Debarment of Contractors from City Work" shall render any RFP award, RFQ award, RFLI
award, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant
void; and said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be
considered for any RFP, RFQ, RFLI 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 attorney's office or
state
attorney's office and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, ~ 1, 1-6-99; Ord. No. 200 1-3295, ~ 1, 3-14-01)
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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 from the manifestation of consent by
one individual to another that the other shall act on his behal f 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 G)
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 proofby 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 judicia~ proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
G) List of debarred contractors means a list compiled, maintained and distributed by the CityLls
Procurement Office. containing the. names of contractors debarred under the procedures of
this ordinance.
Section 2-399.List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this
ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors debarred by
City departments, Such List shall be public record and shall be available for public
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inspection and dissemination;
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments. to the Office of the City Manager and to the Mayor and City
Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official
responsible for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory
or regulatory authority;
(4) The effect of the debarment action;
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department
recommending the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award
contracts to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses
with the department that recommended the action,
Section 2-400.Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit
offers from award contracts to, or consent to subcontracts with these contractors unless the
City Manager determines that an emergency exists justifying such action. and obtains
approval from the Mayor and City Commission, which approval shall be given by 5/7ths
vote of the City Commission at a regularly scheduled City Commission meeting. Debarred
contractors are also excluded from conducting business with the City as agents,
representatives, subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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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 connection with a continuing
contract where the work is divided into separate discrete groups. and the City's refusal or
denial of further work under the contract will not result in a breach of such contract.
Section 2-402.Restrictions on subcontracting.
( a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to
City approval, the department shall not consent to subcontracts with such contractors unless
the City Manager determines that an emergency exists justifying such consent and the Mayor
and City Commission approves such decision by 5/7ths vote at a regularly scheduled
meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses
incurred by a contractor as a result of rejection of proposed subcontractors pursuant to
subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or
opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO,
RFLI, or bid.
Section 2-403.Debarment.
(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.
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(b) Debarment constitutes debarment of all officers, directors, shareholders owning or
controlling twenty-five (25) percent of the stock, partners, divisions or other organizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, organizational elements or commodities. The Debarment Committee's
decision includes any existing affiliates of the contractor if they are (I) specifically named
and (ii) given written notice of the proposed debarment and an opportunity to respond.
Future affiliates of the contractor are subject to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission ofa fraud or a criminal offense in connection with obtaining
attempting to obtain, performing, or making a claim upon a public contract or
subcontract or a contract or subcontract funded in whole or in part with public funds;
(2) For violation offederal or State antitrust statutes relating to the submission ofofTers;
(3) F or commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal proceeding and a court
determines that the lawsuit between the contractor and the City was frivolous or filed
in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a
Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for;
(I) Violation of the terms of a City contract or subcontract or a contract or subcontract
funded in whole or in part by City funds such as failure to perform in accordance
with the terms of one (1) or more contracts as certified by the City department
administering the contract; or the failure to perform or unsatisfactorily perform in
accordance with the terms of one (1) or more contracts, as certified by an
independent registered architect engineer or general contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a
potential penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor
in performing City work.
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
ofa request for debarment, the City Manager shall transmit the request to the Mayor and
City Commission at a regularly scheduled meeting. The Mayor and City Commission shall
transmit the request to a person or persons who shall be charged by the City Commission
with the duty of promptly investigating and preparing a written report(s) concerning the
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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:
( ] ) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the
contractor and any named affiliates on notice of the conduct or transaction(s) upon
which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and
time not less than thirty (30) days after service of the notice. The notice shall also
advise the contractor that it may be represented by an attorney, may present
documentary evidence and verbal testimony, and may cross-examine evidence and
testimony presented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor
must furnish the City's Procurement Office a list of the defenses the contractor intends to
present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7)
working days prior to the hearing or fails to seek an extension of time within which to do so,
the contractor shall have waived the opportunity to be heard at the hearing. The Debarment
Committee has the right to grant or deny an extension of time, and for good cause, may set
aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an
abuse of discretion standard.
(e) Hearsay evidence shall be admissible at the hearing but shall not form the sole 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.
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(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.
(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 ofan 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)
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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 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 ofMarch~2000.
PASSED and ADOPTED this 23rd day ofFebruarv~ 2000.
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ORDINANCE NO. 2002-3344
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR
RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST
FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST
(RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL
QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY
OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING
SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services through Invitation
for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of
Interest, and purchase orders based on written or oral quotations, in accordance with the
public bidding procedures set forth in Florida law and the Code of the City of Miami Beach
(the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed awards; and
WHEREAS, it is the intent of the Mayor and City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests for
Qualifications, Requests for Letters of Interest, and purchase orders based on written or
oral quotations, be decided by the City Manager and the City Attorney, and that their
determinations with respect to said procedural and technical issues shall be deemed final;
and
WHEREAS, it is in the best interests of the City and all respondents to Invitations for
Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest,
and purchase orders based on written or oral quotations, to have ac1ear 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 mE CITY OF MIAMI BEACH, FLORIDA, as follows:
Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new
Section 2-37], which shall read as follows:
Section 2-371. Authority to Resolve Protested Bids and Proposed Awards.
(a) Right to Protest. Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a substantial
interest in, and is aggrieved in connection with the solicitation or proposed
award of, a request for proposals ("RFP"), request for qualifications ("RFQ"),
request for letters of interest ("RFLI') or invitation for bid for goods and/or
services ("hereinafter, collectively referred to as the bid") may protest to the
City Manager or his or her designee. Protests arising from the decisions and
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votes of any evaluation or selection committee shall be limited to protests based
upon alleged deviation( s) from established purchasing procedures set forth in
this Code, any written guidelines of the Procurement Department, and the
specifications, requirements and/or terms set forth in any bid.
(1) Any protest concerning the bid specifications, requirements, and/or
terms must be made within three (3) business days (for the purposes of
this ordinance, "business day" means a day other than Saturday, Sunday
or a national holiday), from the time the facts become known and, in any
case, at least two (2) business days prior to the opening of the. Such
protest must be made in writing to the City Manager or his or her
designee, and such protest shall state the particular grounds on which it
is based and shall include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications, requirements and/or
terms is a waiver of the ability to protest the specifications, requirements
and/or terms.
(2) Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above,
shall be submitted in writing to the City Manager, or his or her designee.
The City will allow such bid protest to be submitted anytime until two
(2) business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
released in the City Commission agenda packet, for award of the bid in
question. Such protest shall state the particular grounds on which it is
based and shall include all pertinent grounds on which it is based, and
shall include all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by
electronic communication, such as facsimile transmission and/or e-mail),
following the release of the City Manager's written recommendation to
the City Commission.
(b) Any bidder who is aggrieved in connection with the solicitation or proposed
award of a purchase order based on an oral or written quotation may protest to
the City Manager or his or her designee anytime during the procurement
process, up to the time of the award of the purchase order, but not after such
time. Such protest shall be made in writing and state the particular grounds on
which it is based and shall include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the requirements of this section.
(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
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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 determiflatien sf the City Maflager aRd the City
.^~tteffley with regafEI to all pr0eed1:lral aR~ teGhRieal fRatters shall Be fiRal.
(t) Decision and Appeal Procedures. If the bid protest is not resolved by mutual
agreement, the City Manager and the City Attorney, or their respective
designees, shall promptly issue a decision in writing. The decision shall
specifically state the reasons for the action taken and inform the protestor of his
or her right to challenge the decision. Any person aggrieved by any action or
decision of the City Manager, the City Attorney, or their respective designees,
with regard to any decision rendered under this section may appeal said decision
by filing an original action in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami-Dade County, Florida, in accordance with the applicable court
rules. Any action not brought in good faith shall be subject to sanctions
including damages suffered by the City and attorney's fees incurred by the City
in defense of such wrongful action.
(g) Distribution. A copy of each decision by the City Manager and the City
Attorney shall be mailed or otherwise furnished immediately to the protestor.
(h) Stay of Procurements During Protests. In the event ofa 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.
0) Protests, not timely made under this section shall be barred. Any basis or
ground for a protest not set forth in the letter of protest required under this
section shall be deemed waived.
(k) At the time the City Manager's written recommendation for award of a bid is
presented at a meeting of the Mayor and City Commission, the City Attorney, or
his or her designee" shall present a report to inform the Mayor and City
Commission of any legal issues relative to any bid protest filed in connection
with the bid in question.
(I) The determination of the City Manager and the City Attornev'with regard to all
orocedural and technical matters shall be final.
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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 II may be changed to II section, "
"article," or other appropriate word. .
Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th
day of Januarv. 2002.
PASSED on First Reading this 19th day of December .2001.
PASSED and ADOPTED on Second Reading this 9th day of Januarv . 2002.
J;;r PtwL-
y CLERK
F:\AT'l'CM.QUR\RESOS\BIDPlWI'S.ldl1.doc
BID NO: No. 23-04/05
DATE: 06/21/05
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& FOR EXECUTION
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CITY OF MIAMI BEACH
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