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HomeMy WebLinkAboutBid 23-04/05 Group 1INVITATION 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. 'Il http:\\www.miamibeachfl.gov E-mail: romanmartinez~miamibeachfl.gov Telephone: 305.673.7490 Facsimile: 3o5.673.7851 BID NO: 23-04/05 DATE: 06/21/05 CtTY CLERK CITY OF MIAMI BEACH 1 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 F & L CONSTRUCTION~ INC~ 8095 W 21 LANE HIALEAH, FLORIDA 33016 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: 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. . 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. , 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/O5 Agreement Page 1 of 3 , . e 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 fi.om 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 f'mal 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. 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. 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. 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 2of 3 . 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. . 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. o 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: $300~000 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 /~AsAs~rk of the City of Miami Beach and the said Contractor has caused this Agreement to be ed it its name. ~ Contractor (Authorized Corporate Of~cer) CITY OF MIAMI BEACH By Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION -' ~ty~ttomey Vice-Mayor Saul Gross ATTEST: ITB 23-04/05 Agreement Page 3of 3 City Clerk Robert Parcher This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: ARCH INSURANCE COMPANY 5601 MARINER STREET, STE 220 TAMPA, FL, 33609 813-207-0592 Bond Number: SU1013318 Contractor Name: F & L CONSTUCTION INC 13911 S.W. 42NS STREET, STE. 209 MIAMI, FL 33175 305-207-9799 Owner Name: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 305-673-7490 Project Number: BID NO. ITB-23-04/05 Project Description: Project Address: Legal Description of Property: CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY STREETS , t CITY OF MIAMI BEACH, MIAMI DADE ~OUNTY, FL , CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY STREETS This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) Bond bio. SU1013318 STATE OF FLORIDA ) SS COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, F & L Construction, Inc. as Principal, hereinafter called Contractor, and Arch Insurance Company as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligec, hereinafter called thc City, in thc Penal sum of Three Hundred Thousand Dollars ($ 300,000.00 ), for the payment of which sum well and truly to be made, we bindand xx/10( ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the 7th day of December , 20 05., 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 hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly 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 hereby 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: Complete the Contract in accordance with its terms and conditions, or at the City's sole option. . 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 (ev6n 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 of, 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 tlemain 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 20th day of December ,20 05 ITB 23-04/05 PERFORMANCE BOND (Contd.) WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL(~~rporation)~ F & L Co~'~'tr~tion,/~n~. (C°rp°ra~'~Nam~/7 ~/- COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF ~RETY: (~opy of Agent's current ~] c;lnoSr~;as ~ SnSsUuerda nbcYe State Commissioner Michael Bonet By: (CORPORATE SEAL) SURETY: Arch Insurance Company ' ~~!~!~~tmust be attached) ITB 23-04/05 CERTIFICATES AS TO CORPORATE PRINCIPAL I, ~u bO 6. [~ *tel ~ , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that ~olt$ C. t~tt4t~,4$ who signed the said bond on behalf of the Principal, was then ~rcdlate~4 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/Oby authority of its governing body. //~4/~orate retary Seal STATE OF FLORIDA ) SS COUNTY OF ) Miami-Dade Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared M±chael Boner: to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the Arch Insurance Company and that he has been authorized by Arch Insurance Compan7 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~l~s 20t:h day of December ,20 05 A.D. (Attach Power of Attorney)(~~ / - $otar~ Public' ~' d~ State of Florida-at-Large ' My Commission Expires: Oct:ober 10, 2007 ' ~.J'~'~"~- Official Seal () CARMEN E. PILLOT Notary Public, State of Florida My Comm. Expires October 10, 2007 '"'#*"~' NO. DD 236838 - ~ ITB 23-04/05 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) Bond No. SU1013318 BY THIS BOND, We, F & L Construction, Inc. , as Principal, and Ax~ch Insurance Company as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of $300,000.00 (Three Hundred Thousand and XX/100) 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 fumished 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 datedDecember 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 20th day of December ~, 20 05 WITNESS: PRINCIPAL: (If sole Proprietor or parmership) (Firm Name) BY Title: (Sole Proprietor or Partner) COUNTERSIGNED BY RESIDENT FLORIDA (qopy oi; Age---nt's current Liicense as issued by State of Florida Insurance Commissioner Michael Bonet By: PRINCIPAL (If Corporation) (Corpo/t'hte Name)(? //~/ ttes~ (CORPORATE SEAL) SURETY: Arch Insurance Company ' Attorn~-~.in.fact Michael Bonet (Power of Attorney must be attached) ITB 23-04/05 CERTIFICATES AS TO CORPORATE PRINCIPAL I, .~-t~]t~ ~, ~,,~/t.~'~ , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that ..7~dt'o C . ~:b:~,~ who signed the said bond on behalf of the Principal, was then ~}~t lJtw 1L 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 goveming body. STATE OF FLORIDA )  ~~orate Seal COUNTY OF ) Miami Dade Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Michael Bonet to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact, for the Arch Insurance Company and that he has been authorized by Arch Insurance Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. SubSCribed and swum before me this 20th day of December (Attach Power of Attorney)~/ Notary Public State of Florida-at-Large ., 2005 My commission Expires October 10, 2007 i. Official Seal CARMEN E. PILLOT N~ty Public, St~ta of Florida My Comm. £xplrN Octol~r 10, 2007 No. DD 236535 ITB 23-04/05 ARCH Insurance Company ARCH Sure~ NOTICE- DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surely. DISCLOSURE OF PREMIUM ~- - The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. FLO. RIDA DS, PART~NT.: INSU['"~NCE :&' ~,s. [ns.) 74'54'59 POWER OF ATTORNEY Know All Men BY These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the 'Company') does hereby appoint Michael B~net of Miami Lakes. FL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: ;NO AUTHORITY is gjranted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more 'bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may reVoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been dUly executed and acknowledged by its regularly elected officers at its principal office in Kansas City. Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3. 2003. true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board. the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This Power of Attorney is ~igned. sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board .of Directors of the Company on March 3, 2003: · VOTED. That the signature of the Chairman of the Board, the President. or any Vice Pres~dent~ or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal (~f the Company. and certifications by the Secretary. may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003. and any such power so executecJ, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLO013 O0 03 03 Page I of 2 Printed in U.S.A. XXX 1. . coverages. o 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. 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 ACORD. CERTIFICATE OF LIABILITY INSURANCE o.,o F&~.CO-1 / 12/20/05 · RODUCER THIS CERTIFICATE IS ISSUED AS A MATrER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BROWN & BROWN INC HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 8 0 0 0 GOVERNORS SQUARE BLVD 4 0 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI LAKES FL 33016-1588 Phone= 305-364-7800 Fax= 305-822-5687 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: C~:~.UM & FOi~ST'~i~. SPI~.CIA.T.~Ty INSURER B: HA~'F,I~YSVILLI~. MUTUzl~ INS CO F & L CONSTRUCTION, INC. INSURERC: 8095 WEST 215T LANE. UNIT 23-C INSURERD: HIALEAH FL 33016-1827 .. 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. ~NSK e, UU'L POLICY EPPP.:C¥iVE POLICY EXPIRATION LTR INSRr TYPE OF INSURANCE POUCY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X X COMMERCIAL GENERAL LIABILITY GL0090799 05/12/05 05/12/06 U^M~U,-,U.'-N,,-O PREMISES (La occurence) $ 5 0 0 0 0 J CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2000000 I POL,CY ~---~ PRO- JECT ['~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO BA8G6167 02/25/05 02/25/06 (Ea accident) $1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLAI OCCUR ~LIABILITY / 1 EACH OCCURRENCE $ __ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ ~ I $ WORKERS COMPENSATION AND ~'/' &/ i~/ '~ WC STATU-I OTH- EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L DISEASE - EA EMPLOYEE $ SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OYHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE= Bid No. ITB-23-04/05, Concrete Curbing/Sidewalk Construction and the purchase of asphaltic concrete/related materials and the striping of city streets; City of Miami Beach is an Additional Insured, when required by written contract, with respects to General Liability; '10 Days Notice for Non-Payment of Premium. I~;DTI~'Ir~&T~' U/ti fi-D CANCELLATION CIT-139 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR MIAMI BEACH FL 33139 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXpiRATiON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAiL 30'4' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 'MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE iNSURER, iTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION Is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) THru cemltqC~Te ~ ~ueo ~s A MATTER (X= ~~T~N ONLY AND ~e~ ~ fl~ U~ ~E C~~ '~ ~ GOVER~RS SQU~RE eL, VD ~T~ ~E C~GE AFF~DEO ~ ~E ~~ ~, #ZAI4] ?3DKO 139~1Sv 42NO STgEET SUITE 3Og COMPANIES All'FORDING COVERAGE COMP&~,'Y THIS ~ TO CERTItr'y THAT THE POLICIES OF IN~,U~E gL~TED BELOW ~VE BEEN t~UED TO THE ,INSURED ~MED A~VE FOR THE POL'~ PERIOD INDICTED, NO~ANDING A~ RE'QUIREME~, T'E~M OR GO.N~iT~N OF ANY ~CT O~ OTHE~ ~CU~NT W~H RESRE~ TO WHICH THIS COMB~IM~D UNIT BO~LY' h*~JURV , ~er i o'n,,~q UM~.LLA FORM (UB-4203B35,-6-'05) 03-03-05 t :' 03-C3-06 : THAN aUTO EACH { J STAT 'i~'TORv uNrr~i E~CH ACCID EI~ T-FI i C[TY OF MZAN[ BEACH 1700 CONVENT/ON CENTER DR #[A~[ ~E~CH FL 33139 THIS ~EPL&CES ANY PRZOR CEnT[F[CATE ~$$U~D TO THE CERTI;ICRTE HOLOE~ AFFECT[NG ~/ORKEg$ COMP COVERAGE COndensed Title: COMMISSION ITEM SUMMARY Approve the Awards of Contracts to F & L Construction, Inc., H& R Paving, Inc., and High Tech Striping, Inc., Pursuant to Bid No. 23-04105 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. Key Intended Outcome Supported: J Ensurewell-maintained infrastructure. Issue: I Shall the City award contracts to F & L Construction, Inc., H & R Paving, Inc., and High Tech Striping, Inc.? Item Summar~lRecommendatlon: 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 the City, and the striping of City Streets City-wide on an "as needed basis". 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 Concrete/Related Materials and the Striping of City Streets in accordance with the bid documents. APPROVE THE AWARDS. dvisory Board Recommendation: Financial Information: ' , , i Funds: .. i:: :::' :':1 :.:::::: $'1'18,200 424.2473.069360 , , ( ! $302,500 424:2474.069357 · ..:: :.. :;:i.::..!3.: .i:: $40,200 .., 424.2475.069360 ' :' :.':':": ::4: ::? $213,500 .... 424.2476.069357 ~)BPI :;: .:TOtal: ::::'i: $674,400.00 ...... ['.: : .~::;:.: .: :.. ~ :! Financial Impa~ Summary: City Clerk's Office Legislative Tracking: J Bob Halfhill Sign-Offs: .J,',,' ,.~..'GL ,~_ FB J JMG T:~GEN~~705~Ia~B2~4~SS~Ik ~ ~n~ R~ir-~mma~.d~ MiAMIBEACH 23 AGENDA ITEM ~ 2 C MIAMiBEACH City of Miami ~each, 1700 Convention Center Drive, Miami Beach, Fbrida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission City Manager Jorge U. Gonzalez 1 ~ December 7, 2005 REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO BID NO. 23-04/05 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED 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 I1: H&R PAVING, INC., FOR MILLING AND RESURFACING OF ASPHALT CONCRETE AND THE PURCHASE OF ASPHALT RELATED MATERIALS; GROUP II1: H&R PAVING, INC., FOR ASPHALTIC CONCRETE/RELATED MATERIAL TO BE PICKED-UP OR DELIVERED TO THE CITY; AND GROUP IV: HIGH TECH STRIPING, INC., FOR STRIPING OF CITY STREETS. ADMINISTRATION RECOMMEDATION 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 $302,500 $40,200 $213,500 $674,400 Public Works Capital Account Number 424.2473.069360 Public Works Capital Account Number 424.2474.069357 Public Works Capital Account Number 424.2475.069360 Public Works Capital Account Number 424.2476.069357 Total (Estimated Annual Amount) ANALYSIS 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 percepaon of the value of City services for tax dollars paid. Condition of sidewalks was a key driver for businesses as to whether our City govemment is meeting their needs. 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 38% of businesses rated condition of roads as excellent or good and 23% and 8% respectively rated it as fair or poor. 24 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 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 concrete/related material to be picked-up or delivered to the City, and the Striping of City Streets City-Wide on an 'as 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 concrete/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 TransP°rtation, 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 same terms and conditions of the currant 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 calendarday elapsing beyond the specified lime 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 packages. 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. 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 3 of 15 Attached is the bid tabulated results. The lowest and best bidders are as follows: Group I - Concrete/Curbing Sidewalk Construction. F& L Construction, Inc., contract based on firm unit prices. Group II- Materials. Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related H'& R Paving, Inc., contract based on firm unit prices. Group i11- Asphaltic Concrete/Related Material to be picked-up or delivered to the City. · H & R Paving, Inc., contract based on firm unit prices. \ Group IV- Striping - City Streets High Tech StriPing, Inc., contract based on firm unit prices. References have been checked by Procurement staff for awarded 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 Concrete/Related Materials and the Striping was awarded to H & J Asphalt, Inc. in the estimated amount of $1,296,450.00, 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 contTact combines the Scope of Work contracts to provide services for project that Will be performed on an "as-needed basis" for Public Works and Parking Departments under the above mentioned Group Categories. Performance 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 0f Asphalt Related Materials; Group II1: H & R Paving, Inc., Asphaltic Concrete/Related Material to be picked-up or delivered to the City;, and Group IV: High Tech Striping, Inc., for Striping of City Streets. 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 4 of 15 BID TABULATION ITB-23-04/05 - CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPPING OF CITY STREETS AND PARKING LOTS , ,~ Coman Name ~ Grou_p 2 Grou_P 3 Group 4 No Bid No Bid No Bid MEPConsln~ction,. inc. $578,400.00 No Bid NoBid $_~!1,818.1Xl Homestead Concrete and Drainage, Inc. $981,020.00 No Bid No Bid No Bid ~ ..--- NO Bid No Bi.___.~d No Bi~d ~ T:V~GENDA~2005~Dec0705~Regula~TB23-04-05Sidewal and Concrete Repair-MEMO.doc "Attachment A" Detailed Bid Tabulation 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 5 of 15 Attachment A · I ITB-23-04/05 - CONCRETE CURBINC~DEWALK CON$~TI~, AND THE PURCHASE OF ASPHALTIC CONCRE'IE/RELATED MATERIALS, AND ~ THE STEPPI~ OF CffYSTREETS ANO PN~HG LOTS i · " ; ; ...... i~mNo. Grou2 ' i~m~~, iG~~ii MmNo. NoBid No Bid ~ ......................................................... 1~_ ............................................ t2~,400.00 ! 36-42- Cu~ a.d 6utter S34,000.0~ '"1 ....... ~ lB $12,000.0~ ........................................... ~0' c~ a~ c~utter................ ~.~--~ ...................................... ,_ ....................................................... · S30,000.00 ..................... ! · $12,000.00 i~iiI~l~i . ' · · I~roup 1 Item No. :Group 2 Item No. ~. No Bid ~ Bid 1 ~ $3,g60.00 ..................................... , ~ 2A $24,000.00 ~ i [ 1 White Painl $1,584.00 ....................... 3~ $30,000.00 ' ' ~-'~ ................ i i : 2 'fhemxq~stic $4,762.00 ~'~"~-a~i"~t~: .................... ~,,~0~ ................................................................................................ i i ._~ '~ ................................................................................................... 2 White Painl $2,112.00 ~ ' ~. ~ 3~ $6,2a0.00 ~ lB $18,000.00 ! i i 3 White Paint $2,640.00 28 ........ *' -- : ............................................................... $24,000.00 i 1 ................................... ~ ........... ::::::::::::::::::::::::::::::::: ............... ~To~:~' ............. ~ ..................... i ........... i ........................... 4w~P,~ $2,64o. oo 24" Curb and Gulter ~,000.00 i -; ~ ' ; :.. ~ ....... S/twmoplastic $8,976.00 ............................................................. '30" Ca~ and Gutter $105,000.00 i i i 5 White Paint $4,224.00 ~- ............................................ .~.~.__~ .............. ~ ............................... ! .................. ! ..................................................................... 6 ~,..opl~c$18,~.o0. ............................................................................. ¥~' .................................................................. ~'~:~ ................... -i ..................................... T ...................... T ......................... 7'~~ .............. 2c - $20,~:~ .......... ~, ........................................ '- ~ .......... ~ ' 7 white Pai,t ~D $2,OOO.OO t I L~ 8 Themw~ $3~,6e0.00 Total: $6711,400,00 ! i [ ........... 8-Whitepai~ ......... $i0;660:00 .......................................... ............................................. ~ ................................................ ............................. ~.~ ........................ ].,' ..................... i ................................... i ......................... .~.i ....................... : ................ i~,,i-~'- $4,ooo. oo ..... +, '"'~ ...... ~ i i" .............. ~o W~e P,, $3.ooo.oo i---. ................. i i ~ i I 11 lhe~oplastic $2,000.00 ........................................ : ........................ i ..................................................... i ................................... ~. ....................... ~ .......................................... ~ ............ i: ....................... ~:.._w~ ~...,__ ............... ,._~.. · .i .... ~ '~. ! ; i 12 'rhennopi~ic $5,280.00 ..................................... ~ ~ ~ ~ ~ ....................... ~ ..................................................... ~. ................................. ~ ........................ .,- .............................. .~ ............... ~ .............................. 12 While Paint $2,640.00 , , ' ~ ~ 13 'i~ $5,000.00 ........................................................... L .................................. :. ..... i- { ~ j i 13 White Paint $4,000.00 · ~ T ......... T .................... ~' ......................... . .............. 't .... .--":'. i ?~ ....................................... , ~ ................................. ? , ...... -~.' .............................. 15 While Paint ........ 2500.00 · ' i ~ ~ ~ I ~ 17'llwnm~iastic $12,750.00 i ! i ........... _ ,. , 17 While Paint $1,660,00 · .~_,..__ ............ ~ ............ ~ ................. 18 11afmopks~ $13,600.00 ................................................ ! ....... i ~ i ~ i 18 White Paint $10,400.00 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) ~~~~~om Name Ilem No. ~Grou I Ilere No. 'Grou 2 lira Ne. i $ ~ltem No. 'Gm 4 .................................................................. I~ ................. 1 ......... i-~i;F~iOE~ To~: ......................................................................................... ' 1~ ...... :""1 .................. fi'~:~ .................... -~ ......................................... : ............................................. ................................................................................ . ........ c~_.'" .............. -l- I~'~ I S14. lm1~ I~' Cut i .................. .--~'~-~'~ ......................... j' ........................................ ................................. ~~ ~-__T.:-Z_Z] .... ¥~'~'.~.~ ................ ] ................................ i ..................................... ..T .......................................... ............... ~ ........... ~ ._S~o~.~oTooL .... T~al:l .... ii~e~e.-T~ ........................... t ....................................... t ................................... ~ ................................... ............. 11D , -~ $3,-~;~ F .................... .-~[ .-. .............. ~ ................... 'I"-: ....'--I., .................... Tot.~: ~' ~'~i.-0~ .........i-' .................................................. i ............................ f ......................... .... ~. ................. ~ ........... i , .............. , .................................................... 4 ........... . ....... . ........ ; .......................... I ,'."1 ;'-~ ~'~; ..... )"~ ii~,ii i~,-: 'IA I No Bid I NO BM i , No Bid 2A ~ ? ..................... -1 ................. ........................................................... [~ ~ I )24" Curb .nd Gu~ter ' i ! .......................... :._ .............................................. o ............................................ ~ ........................................... ! ; 1D .... ~ '~: ............................ J' ............................................ i .............................................. ~ ...................................... 4 TOtal: i ~ J : Name lira Ho. ~ 2 Item No. ......................................... i ................................... ..... !.::....,:. :/'i .................... '~ ......... ! ......................... ....................................................... · 'i' ........................................................ -J-- .............................. ..................... i ............................... i ................ ............................ ........................... .~ ......................................................... ~ ......................................... ~ ......... ~ ................ ~, ~ i4 While Pair~ $1.320.00 ~ ....... ~ = ................................ ! ............................................................. ~ l ............................. ~, I ': ....................... t ...................................... -Ir ............. ~ ................................. +-- .................................. .".: .- ~'-~ ......................................................... - | i .' i j$ ~ ~11 712,00 ! .................................................... r .................................. 'r ........................ '-!.: ................................................. "* .............................. = .............................................. ................................... : .............................. i .............................................................. ~ ........................' ...... J .... ~ i ~ 16 White Paint ......................... , ' ! .................... ; ......................... ? .............................. ~ ................... ,-~'~T~ ................... ~t ........ ~ ............................................................ ~ .......................................... ~ ................... ) , :, .* ~ -.,-,,~.,~ ,~ ~.-~.w ...................................................................... .? ................................................. l ........................................ ~ .................... i ......................................... ~ .................. -4 ............................................... i~w.';~E~ZZ:: '.~_-£~'"'~;_~;~.i ..................... : ............................................. I- ...................... --+ ........ .................. :-JJ ............. ............ -----t-.-- i .i ..................................... ,.'. ..................... i ~..................... ~ .......................... ll~ W_t~,__?_~..-/-_ .i L:-'-. ___.~.~_.j i .!- .................................. i .......................... i ..................................... 1 ....................... i .......................... : .......... ~~i~'.L'Z':.::,~'. ' I ~ i I ..................................... · ................... ~ ...................................... I.................. 'I-, ............................................................................ ..................................................... ~ ......................................... -i ................................ .i. ........... ,_..4. ............ __ ......... ~_Z... .......... . --i:.-_-. ................... ................................................ 4 ............................................ 4- .................. ~ -- 4 - i -~ .................. '.,,'~~.~q .......~--ooo.-~.,, ~ -- ! ............................................................. -I ................ ~ .... 1~ .................... .............................................................. .-' ........................................................................................................... 4 .................... [ ..................... .-'"~ ........... [ _ .J_!~ White Paint t $1,250.00! ......................................................................................................................... 4 ..................................... i ........ ~ · ......................................... ..................................................................... ~ ...................................................... .4.: ............... i. i · . i 117 ThennoM~ | $1 ~0.00 ! - '; ........................ 1 ................................................... + .............................. i .................................. ~ ......~ ........ ~' ............... '~ ......... "~ ..................................................................... i ................................................... 4 ...................................... i" ===================== ...........[ 118, ~llc It. $15,520.00~ 29 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE~, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 23-04/05 ADDENDUM NO. 1 July 22, 2005 CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY STREETS AND PARKING LOTS is amended as follows: I. 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 Roads/Parking 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 5% 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 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 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 Qty. Unit Cost Total . . Thermoplastic, 4"/ Solid Yellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. $ Thermoplastic, 4"/ SkipYellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. $. Thermoplastic, 6"/ Solid Yellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. $ 4. Thermoplastic, 6''/ SkipYellow/White 5,280 L.F. $ L.F. $ . White Paint 5,280 L.F. $ L.F. $. Thermoplastic, 8''/ Solid Yellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. $ BID NO: No. 23-04/05 DATE: 06/21/05 (AMENDED, ADDENDUM #1) CITY OF MIAMI BEACH 1 Group IV -Striping - City Roads/Parking Lots (Continued) Item Description 6. Thermoplastic, 12"/ Solid Yellow/White . White Paint Thermoplastic, 18"/ Solid Yellow/White . White Paint Thermoplastic,24"/ Solid White White Paint . R P M's (Road Reflector) White Paint 10. Directional Arrows White Paint 11. Handicap Logo & Blue Stripe (parking space) White Paint 12. Temporary Striping White Paint 13. Removal of Existing Thermo Striping (hydroblast) White Paint 14. Stop Bars (12 inches) White Paint Est. Annual Qty. 5,280 L.F. 5,280 L.F. 5,280 L.F. 5,280 L.F. 5,280 L.F. 5,280 L.F. 500 Ea. 500 Ea. 50 Ea. 50 Ea 5 Ea. 5 Ea 5,280 LF. 5,280 LF. 1,000 S.F. 1,000 S.F. 150 ea. 150 ea. Unit Cost L.F. $ L.F. $ L.F. $ L.F. $ L.F. $ L.F. $ L.F. $ L.F. $ EA. $ EA. $ EA. $ EA. $ L.F. $ L.F. $ S.F. $ S.F. $ EA. $ EA. $ Total BID NO: No. 23-04/05 DATE: 06/21/05 (AMENDED, ADDENDUM #1) CITY OF MIAMI BEACH 2 Group IV -Striping - City Roads/Parking Lots (Continued) Item Description Est. Annual Qty. 15. Arrows (14 inches) 50 ea. $ White Paint 50 ea. $ 16. Cross Hatching (12 inches) 200 ea. $ White Paint 17. Unit Cost EA. EA. EA. 200 ea. $ EA. $ Handicap Logo 30 ea. White Paint 30 ea. $ 18. Disable Cross Hatching 160 ea. $ White Paint 160 ea. $ EA. EA. EA. EA. Total 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 Intemet access should review the registration options at the following website: http://www.govbids.com/scripts/southflorida/public/home 1.asp. If you do not have Intemet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. 2.10 2.11 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 emaih romanmartinez@miamibeachfl.gov 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 prevmus 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.gov 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 CONCRETE/RELATED 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 ! Gus Lopez, CPPO Procurement Director CONCRETE CURBiNG/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRI~ING OF CiTY STREETS AND PARKING LOTS. ITB # 27.01/02 GROUP ii PURCHA~E OF ASPHALTIC COHCRETE/RELATEO MATERIAL ,,,, ,,,,,,,,,, , ,,, ,, ,,, ,,, ~,~: ' ' '~,o~: ' ....... ..~.~,~ .......... , H & J ASPHALT F&I~ ......... lIEF H & .J Am~I~LT, ,, ~ QTY. , ,, ,,, ......... , .... CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PUI;K;HA~E OF ASPHAI.. TIC CONCRETtRELATEO MATERiALS, AND THE STRIPING OF CITY STREETS AND PARKING LOTS. ITB ~ 27-01/02 GROUP Ill(A) STRIPING OF CITY STREETS ,,, ,, ,, , , H & J A~PH&LT F&L MEF H&JA~t * QTY. o~scmPno~ t uPc,~.~ ....................... (NO mD) ........................... ~.~.z~ ~.~ ~ ~ $~ ,;~.,~.~ ~9 CONCRETE CURBING/SI~ALK CONgTRUCTION, AND THE PURCHASE OF ASI~IALTIC CONCRET/RELATED MATERIALS, AND THE STRIPING OF CII'Y ISTREETS AND PARKING LOTS. ITB it 27-01/02 GROUP III(B) 8TRIF'tNG OF PARKING LOTS .. , __~- ................ t)ESCRtPT.~N~F'G;A~ ............... (~.._.m.p...)_.__ . ,, , .............. · ,! 7. a,OeO ~.~,~.~,.~.r~cA~ro~ ............ S,~.~ s~4,eoLe~ .,s~ s~ $.,~ ,.,o~e.o~ ' ~. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 23-04/05 ADDENDUM NO. 3 August 3, 2005 CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED 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 5% Bid Bond required with the bid submission. II. The bid forms for Group IV -Striping-City Roads/Parking 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 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 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/Parking Lots Item Descriotion Est. Annual Q.ty. Unit Cost Total Thermoplastic, 4"/ Solid Yellow/White 5,280 L.F. $. L.F. $. White Paint 5~280 L.F. $ L.F $ 2. Thermoplastic, 4'7 SkipYellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. $ . Thermoplastic, 6"/ Solid Yellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. $ 4. Thermoplastic, 6"/ SkipYellow/White 5,280 L.F. $ L.F. $. White Paint 5,280 L.F. $ L.F. $ BID NO.: 23-04/05 DATE: 08/03/05 (AMENDED, ADDENDUM//3) CITY OF MIAMI BEACH Group IV -Striping - City Roads/Parking Lots (Continued) Item Description Est. Annual Qty. Unit Cost Total o . o Thermoplastic, 8"/ Solid Yellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $. L.F. Thermoplastic, 12"/ Solid Yellow/White 5,280 L.F. $ L.F. $ White Paint 5,280 L.F. $ L.F. 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 M's (Road Reflector) 500 Ea. $ L.F. Thermoplastic Directional Arrows 10. 50 Ea. $ EA. $ 11. White Paint 50 Ea. $ EA. Thermoplastic Handicap Logo & Blue Stripe (parking space) White Paint 12. Thermoplastic Striping (4" and 6") White Paint (4" and 6") BID NO.: 23-04/05 DATE: 08/03/05 (AMENDED, ADDENDUM #3) 5 Ea. $ EA. $ 5 Ea. $ EA. $ 5,280 LF. $ L.F. $ 5 280 LF. $ L.F. $ CITY OF MIAMI BEACH Group IV -Striping- City Roads/Parking Lots (Continued) Item Description Est. Annual Qty. 13. Removal of ALL Existing 1,000 SF. Thermo Striping (hydroblast) (to include mobilization) 14. White Paint 1,000 SF. Thermoplastic Stop Bars (12" Wide) Unit Cost $ S.F. $ 15. $. S.F. $ 150 LF. $ LF. $ White Paint 150 LF. Thermoplastic Arrows (14") (Use Std. FDOT & MDC Specifications) 50 ea. White Paint 50 ea $ LF. $ 16. Thermoplastic Cross Hatching (12") $ EA. $ $ EA. $ 200 LF. $ LF. $ White Paint 200 LF. 17. Thermoplastic Handicap Logo 30 ea. White Paint $ LF. $ 18. Thermoplastic Disable Cross $ EA. $ Hatching, (4") White Paint 30 ea. $ EA. $ 160 ea. $ EA. $ 160 ea. $ EA. $ Group IV: Striping of City Roads/Parking Lots: Total Total Written Amount BID NO.: 23-04/05 DATE: 08/03/05 (AMENDED, ADDENDUM #3) CITY OF MIAMI BEACH CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl, ov Procurement Division PUBLIC NOTICE INVITATION TO BID NO. 23-04/05 Telephone: 305.673.7490 Facsimile: 305.673.7851 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 29TM 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 Concrete/Related 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 Hail, 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 of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one- hundred (100%) percent of the contract amount. 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/public/home l.asp. If you do not have Internet access, please call thc 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 THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE 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, !. GUS LOPEZ, CPPO, CPPB PROCUREMENT DIRECTOR BID NO: No. 23-04/05 DATE: 06/21/05 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 CONCRETE/RELATED MATERIALS, AND THE 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, either by submitting a bid o_xr this completed form, may result in your company being removed from the City's bid list. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 4 1.0 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 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. Ifa 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 ietter 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 ora 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 ali Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. BID NO: No. 23-04/05 DATE: 06/21/05 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 U.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 formallysubstantiate 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 if bidding 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 of intent 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 DATE: 06/21/05 CITY OF MIAMI BEACH 6 1.14 1.15 1.16 1.17 1.18 1.19 1.20 specifications, 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. 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 identi~/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. 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. 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. (NOT USED) AWARDS: In the best interest of the City of Miami Beach, the City Commission reserves the right to reject ali 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) 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. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or 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 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 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. 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. 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 relief from responsibility. (NOT USED) (NOT USED) 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. 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. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 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 national origin. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 8 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490/VOICE 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. 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. 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. 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 ora 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. (NOT USED) 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 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. 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 33'139. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 9 1.38 (NOT USED) 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 (NOT USED) 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. 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. FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. (NOT USED) (NOT USED) 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 submit 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 clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, 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 requiremerit 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 DATE: 06/21/05 CITY OF MIAMI BEACH 10 1.47 1.48 DEMONSTRATION OF COMPETENCY: 1) 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. 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. The quality of performance of previous contracts. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. d. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH Il 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 LAWS, 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 1.52 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. 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 ~-~Spot Market Purchasedl:'il 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 parties 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 CITY OF MIAMI BEACH DATE: 06/21/05 12 1.57 1.58 1.59 1.60 1.61 1.62 have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposgls 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. DISPUTES In ~he event of a Conflict 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. 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. 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. 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. 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. 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 DATE: 06/21/05 CITY OF MIAMI BEACH 13 1.63 1.64 1.65 1.66 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 ora 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 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 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. 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, i.e.; I2-14 days. 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 DATE: 06/21/05 CITY OF MIAMI BEACH 14 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. Ali 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 DATE: 06/21/05 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. If bidder 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 liability 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 DATE: 06/21/05 CITY OF MIAMI BEACH 16 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits &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). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. ~ 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. 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 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. 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 DATE: 06/21/05 CITY OF MIAMI BEACH 17 2.0 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 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 Award 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, if it 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/southfloridoYpublic/home 1 .asp. If you do not have lnternet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. 2.10 2.11 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 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'wili not be required, however thc successful bidder will bc required to furnish Performance and Payment Bonds, each in thc 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 thc 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 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 DATE: 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 2.26 2.27 outlined in the first paragraph of General Conditions. MAINTENANCE AGREEMENT: N/A EQUAL PRODUCT: ManufacturerI~;ls 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 manufacturerlil]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 DATE: 06/21/05 CITY OF MIAMI BEACH 21 3.0 3.1 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 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 1991, 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. SCOPE OF WORK Ae 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 I A-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 10G. 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 1C 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 of 3,000 psi, unless 4,000 psi concrete is specified in Work Order. Item No. lC, 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 DATE: 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 forms 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. BID NO: No. 23-04/05 DATE: 06/21/05 Item No. 1 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 oflimerock will be filled with limerock and compacted to required density as directed by the Superintendent. A minimum 2" hot mix asphalt (S-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. CITY OF MIAMI BEACH 23 Be Ce De Upon receipt of a 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 ora 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. 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. 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 dueto the actions of the Contractor or his representatives. The Contractor shall call for underground utilities locations - City and Private 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 DATE: 06/21/05 CITY OF MIAMI BEACH 24 3.2 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 CONTROL OF THE WORK Ae 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 instructions 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 disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate orS150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment. a~ 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. If 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 DATE: 06/21/05 CITY OF MIAMI BEACH 25 3.3 defect be discovered, or obligate the City to final acceptance. Ce 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. 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. Be BID NO: No. 23-04/05 DATE: 06/21/05 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. CITY OF MIAMI BEACH 26 3.4 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. Co 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. LEGAL RELATIONS AND RESPONSIBILTY TO THE PUBLIC Ae 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. a~ Right of Way - In cases where the Work is done on private property the City guarantees the Contractor the right-of-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 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. 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. Do 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. ge 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. Fo 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. Ge BID NO: No. 23-04/05 DATE: 06/21/05 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. CITY OF MIAMi BEACH 28 He 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 (l 0) 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. Ie 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. Ail explosives shall be stored in a secure manner, and ali 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 W0rk, the removal or destruction of which 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 controlling 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. ge BID NO: No. 23-04/05 DATE: 06/21/05 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 b~'ought 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 afiy 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 "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the CITY OF MIAMi BEACH 29 3.5 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. Le 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. Me 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. Ne 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. Oe 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. 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 ail BID NO: No. 23-04/05 CITY OF MIAMI BEACH DATE: 06/21/05 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. De Be Be 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 of labor 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. Limitations of Operations - The work is to be confined, at any one 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. 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 such that 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. Ee 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 bc deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of thc Work, or for such time as is necessary duc to the failure on the part of thc Contractor to carry out orders given or perform any or all provisions of the Contract. If it 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 structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without thc 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. Fe 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 thc 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 thc Contractor, shall be added to thc contract time as set forth in the attached Proposal, all of which shall bc determined by the Engineer, and whose determination shall be binding and conclusive upon both partics to thc 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 thc 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 duc to fault or negligence of the Contractor. BID NO: No. 23-04/05 DATE: 06/21/05 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. CITY OF MIAMi BEACH 32 Ge He 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 a~tached 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. 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 aRer 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: 06/21/05 CITY OF MIAMI BEACH 33 3.6 Ie 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. 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. 3.7 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 ali liability whatever.growing out of this Contract. SPECIAL PROVISIONS Ae 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. Be 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. Ce 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. De 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 4.0 4.1 CONCRETE CURBING/SIDEWALK CONSTRUCTION, AND THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY STREETS AND PARKING LOTS MINIMUM SPECIFICATIONS BID # 23-04/05 Group (10-CONTRACTOR INSTALLED ASPHALT PATCHWORK SCOPE OF WORK A. Preparing Surface: Prior to the application of the surface course, all loose material, dust, dirt and ali 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 if required. Be Ce De 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 ora 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. Asphaltic Wearing Surface: · The material used shall conform with the requirements for Type S1 Asphaltic Concrete Surface Course as specified in the 1986 Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 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 off.to 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", (i.e. 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 E, Fe 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. 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. 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. Compacting Mixture: l.) 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. Seal rolling, using tandem steel rollers weighing 5 to 12 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[~1 F. This rolling shall be continued until all roller marks and tire marks have been eliminated. Manholes/Valve Boxes: Adjust manholes and/or valve boxes by raising castings method. Final grade will be supplied by City surveyor. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAM1 BEACH 37 Ge Ho Je Traffic Loops: Replace 4, 6, and 8 loops, as required. Asphaltic Concrete Patch Work: 1.) Areas to be patched will be a minimum of 100 sq. tt. 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. tt.). 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. 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. Equipment: 1.) The milling machine shall be capable ofmaintaining a depth ofcut 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 shall 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. If it becomes evident atter 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 ora 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. 0.) 10.) 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. This operation shall also include the thorough removal of all milled material from the gutter in such a manner as toprotect 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 Le Me Ne O, utilized to sweep the gutter shall be approved prior to beginning and may be changed or revised t° achieve the desired results as directed by the Engineer. Mil led 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 determines 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. 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. Basis of Payment: l .) 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. Maintenance of Traffic: l.) 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 (1) hour after it is spread. 2.) Areas to be paved must be barricaded by the Contractor 24 hours prior to commencement of the work. It will be the responsibility of the contractor to provide all barricades, signs, 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 THE PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND THE STRIPING OF CITY STREETS AND PARKING LOTS BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 40 5.0 5.1 BID # 23-04/05 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. SCOPE OF WORK STRIPING DESCRIPTION A, a. Ce De Fe Ge He Io Jo ge Me Ne Oe- Thermoplastic, 4" Solid Yellow/White Thermoplastic, 4" Skip Yellow/White Thermoplastic, 6" Solid Yellow/White Thermoplastic, 6" Skip Yellow/White Thermoplastic, 8" Solid Yellow/White Thermoplastic, 12" Solid Yellow/White Thermoplastic, 18" Solid Yellow/White Thermoplastic, 24" Solid White R P M's Directional Arrows Handicap Logo & Blue Stripe (parking space) Temporary Striping Removal of Existing Thermo Striping BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 41 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 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 DATE: 06/21/05 CITY OF MIAM! BEACH 42 Attachment "A" 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 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 (YEARLY) PmCE TOTAL IA) Remove & Replace 4" 3,000 S.F. $ff..~lt~} S.F. $ Concrete Sidewalk 2A) Remove & Replace 6" 3,000 S.F. $~./~'O S.F. $ Concrete Sidewalk 3A) Remove & Replace 24"-30" (1,000) L.F. $.~,OgS>L.F. $ Curb & Gutter 36"-42" Curb & Gutter (1,000) L.F. $.~.~L.F. 5; 4A) Remove & Replace 6"x12" (1,000) L.F. $/~L.F. $ Curb lB) Construct 4" Concrete (3,000) S.F. Sr~,~ S.F. 5; · Sidewalk 2B) Construct 6" Concrete (3,000) S.F. $~g~) S.F. $ Sidewalk BID NO: No. 23-04/05 'DATE: 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 (Continued) Proposal Page 2 of 2 Group I - CONCRETE CURBING/SIDEWALK CONSTRUCTION ITEM # DESCRIPTION EST.OTY UNIT TOTAL (YEARLY) PRICE 3B) Construct 18"/Curb (3,000) L.F. $/t~.~ L.F. $ -~,~t:flO & Gutter ' 24" Curb & Gutter 30" Curb & Gutter 4B) Construct 6"x 12"/ Concrete Curb (3,000) L.F. $/~.dZgL.F. $ (3,000) L.F. $ (3,000) L.F. $,/Zg.O/~.F. $ ! 5B) Construct Pedestrian/ (12) EA. /?'.t:~7~A.__ $'"9'J)- Ramp , 1 C) Extra Strength Concrete/ 4,000 P.S.I (1,000) L.F.~.~ iL.F. $ 2C) Addition of Miami beach (4,000) C.Y. $ Red Coloring Admixture, per cu.yd. ID) Pavement Restoration S-1 (10) Tn Asphalt Group I: Concrete Curbing/Sidewalk Construction: Total $ ~ ~ ~I~~ Written Amount BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 44 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 labor, 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 1986 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 l, II and III) Group II - Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related Materials: TYPE/SIZE OF PROJECT 1. Roads - 0-200 Tons 2. RoMs - 200+ Tons 3. Intersections - 0-200 Tons 4. Intersections - 200+ Tons 5. Hot Mix to be picked up by City 6. Milling Existing Asphalt Concrete 1" cut 2" cut 3" cut 4" cut 7. Adjust manhole and/ or valve boxes 8, . EST. ANNUAL QTY: UNIT COST 5,000 Tons $ /TONS $ 7,000 Tons $ /TONS $ 1,000 Tons $ /TONS $ 1,000 Tons $ /TONS $ 200 Tons $ /TONS $ 12,000 S.Y $ S.Y $ 12,000 S.Y $ S.Y $ 12,000 S.Y $ S.Y $ 12,000 S.Y $ EA $ 50/50 Each $ EA. $ Replace traffic loops 10 Each (4, 6, 8 loops) Asphaltic Concrete Work 2,000 Tons $ Saw Cutting & Parmanent Patching - 1" Removal & Patching - 2" Removal & Patching Both with base and. roller compaction 200,000 S.F. $ CITY OF MIAMI BEACH 45 BID NO: No. 23-04/05 DATE: 06/21/05 $ EA $ /TONS $ TOTAL /TONS $ Group II: Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related Materials: Total $ Written Amount 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 We 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 SI, 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 Concrete/Related Material to be picked-up or delivered to the City Item Description Est. Annual Q,ty. Unit Cost Total 1. Hot Mix to be 1,500 Tons $ /TONS$ picked-up by City 2. Cold Mix to be 2,000 Tons $ frONS$ delivered to the City Group III - Asphaltic Concrete/Related Material to be picked-up or delivered to the City Total $ Written 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 PROPOSAL PAGE 3 of 4 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/Parking Lots Item Description Est. Annual Q.ty. Unit Cost Total Thermoplastic, 4"/ Solid Yellow/White 5,280 L.F. $ L.F. $ 2. Thermoplastic, 4"/ SkipYellow/White 5,280 L.F. $ L.F. $ . Thermoplastic, 6"/ Solid Yellow/White 5,280 L.F. $. L.F. $ 4. Thermoplastic, 6"/ SkipYellow/White 5,280 L.F. $ L.F. $ . · o e Thermoplastic, 8''/ Solid Yellow/White Thermoplastic, 12"/ Solid Yellow/White Thermoplastic, 18''/ Solid Yellow/White 5,280 L.F. $. L.F. $ 5,280 L.F. $ L.F. $ 5,280 L.F. $ L.F. $ 8. Thermoplastic,24"/ Solid White 5,280 L.F. $ L.F. $ BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 48 Group IV -Striping - City Roads/Parking Lots (Continued) Item Description Est. Annual Q,ty. 9. R .P M's (Road Reflector) 500 Ea. $ 10. Directional Arrows 50 Ea. $ 11. Handicap Logo & Blue 5 Ea. $. Stripe (parking space) 12. Temporary Striping 5,280 LF. $ 13. Removal of Existing 200 LF. $ Thermo Striping Car Stops 14. Striping City Roads/Parking Lots 71,250 L.F. $ 15. Stop Bars 150 ea. $. 16. Arrows 50 ea. $ 17. Cross Hatching 200 ea. $ 18. Disable Logo 160 ea. $ 19. Disable Cross Hatching 160 ea. $ 20. Reinstall existing Concrete Car Stops 2,000ea. $ Unit Cost L.F. EA. EA. L.F. L.F. L.F. EA. EA. EA. EA. EA. EA. Total Group IV: Striping of City Roads/Parking Lots: Total Written Amount BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 49 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: Totals Group II: Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related Materials: Total $ Group III: Asphaltic Concrete/Related Material to be picked-up or delivered to the City Total $ Group IV: Striping - City Roads/Parking Lots Total $ Grand Total $ Written Amount Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: lr~ert ]~ate .. .'"'-' . Addendum No. 2: Addendum No. 3: ~ / '~/O ~ Addendum No. 4: lnse/t iDat~: Insert Date PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO CONSIDERED PART OF THF4 BID MUST BE SUBMITTED IN DUPLICATE. NAME/TITLE(Print): (~~ ~ CITY/STATE: -- ZIP TELEPHONE NO: FACSIMILE NO: BE 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 the following items have been completed and submitted as required. . X Original and one copy of bid (including ali 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. l 0 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 Contractor's Questionnaire X (Pages 55-56) BID NO: No. 23-04/05 DATE: 06/21/05 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, 2) 3) 4) Address Contact Person/C ontract Amount Comply N~e Cont~t Perso~Con~t ~o~t ~~ ~ ~~ -- Telephone~ Comply N~e Ad.ess Cont~t Perso~Con~t ~o~t Comply N~e Address Contact Person/Contract Amount BID NO: No. 23-04105 DATE: 06/21/05 CITY OF MIAMI BEACH 52 5) Company Name Address Contact Person/Contract Amount Telephone/Fax Number 6) Company Name Address Contact Person/Contract Amount .Telephone/Fax Number 7) Company Name Address Contact Person/Contract Amount Telephone/Fax Number 8) Company Name Address Contact Person/Contract Amount Telephone/Fax Number BID NO: No. 23-04105 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. Submitt~ Mayor and City_~ommission of the City of Miami Beach, Florida: How many years has,~our~rganization been in business as a Gen.eral Contractor under your present business name?_~ *,d Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? 7~ / State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: -bo/ 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 your organization had? (A) As a General Contractor (B) As a Sub-Contractor ~d9/Z/--~ , (C) What contracts has your organization completed? ,,f.~,ntract Amt Class of Work -When Coml~leted Name/Address of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another_..com, pa~y name) due to failure to comply with contractual specifications? 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? ~ ~,) If so, state name of individual, name of owner, and reason thereof BID NO: No. 23-04105 DATE: 06/21/05 CITY OF MIAMI BEACH 54 In what other lines of business are you financially interested or engaged? Give references as to experience,.ability, and financial standing What equij~ent~do_~.u Own that is available for the proposed _work and where locate~ What Bank or Banks have you arranged to do business with during the course of the Contract should 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. l~that the above answers are true and correct. (SEAL) How were you notified of this Invitation to Bid? ~..~-~ BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH $$ THE AMERICAN INSTITL~rE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we F & L Construction, Inc. 8095 W. 21st Lane, Hialeah Gardens, FL as Principal, hereinafter called the Principal, and Arch Insurance Company 5601 Mariner Street, Ste. 200, Tampa, FL a corporation duly organized under the laws of the State of O~ere in~en full name and addresa or legal title of Contractor) 33016 (Her~ insert fuE name and addr~xt or Itgal tizte ~f Sure~.') 33609 Missouri .', as Surety, hereinaffercailedthe Surety, are held andfirmly bound City of Miami Beach 1700 Convention.Center Drive, Miami Beach, FL 33139 as Obligee, hereinaftercalledthe Obligee, in thesum of Five Percent of Amount Bid Dollars ********************** for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents. WHEREAS, the Principal has submitted a bid for (fleet insen fua n~me. address, and de. scrfption of tn~ject) Concrete Curbing/Sidewalk Construction, and the Purchase of Asphaltic Concrete/Related Materials, and the Striping of City Streets & Parking Lots NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereoL or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee shall, prior to execution of the contract, furnish evidence satisfactory to the Surety of the Obligee's ability to make payment ,to .the Principal in accordance with .the terms of the contract. Signed and sealed this 29th DOCUMENT A310 . ~L!'~ BOND - A~A (~) - FI~RUARY 1~70 ED. - THE AMERICAN [NS'XTr/JTE OF ARCHrI=EC'T~, 17'J5 N.Y. AVE., N.W., WA3HINGTON, D.C. 20006 day of July F &.~ Construction, Inc. X~ 2005 Arch Insurance Company /., Mi .ha;1 l~onet--~ ~le~ Attorney-In-Fact & Florida Resident Agent ARCH Insurance Company ARCH Surety. NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety;. DISCLOSURE OF PREMIUM - The portion of the premium attributable to covera, ge for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City. Missouri (hereinafter referred to as the 'Company') does hereby appoint Michael B~net of Miami Lakes, FL its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more'bonds in order to bdng each such bond within the dollar limit of authority as set forth herein. The Company may reVoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been dUly executed and acknowledged by its regularly elected officers at its principal office in Kansas City. Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3. 2003. true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.' This pOwer of Attorney is ~igned, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board .of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board. the President, or any Vice President.' or their appointees designated in writing and filed with the Secretary. and the signature of the Secretary. the seal o.~f the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3. 2003. and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLO013 O0 03 03 Page 1 of 2 Printed in U.S.A. THE AMERICAN D/STITL~rE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we F & L Construction, Inc. 8095 W. 21st Lane, Hialeah Gardens, FL 33016 as Principal, hereinafter called the Principal, and Arch Insurance Company 5601 Mariner Street, Ste. 200, Tampa, FL 33609 a corporation duly organized under the laws of the State of Missouri .', as Surety, hereinafter called the Surety, are held and firmly bound City of Miami Beach 1700 Convention Center Drive, Miami Beach, FL 33139 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ********************** for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly be these presents. WHEREAS, the Principal has submitted a bid for Concrete Curbing/Sidewalk Construction, and the Purchase of ASphaltic Concrete/Related Materials, and the Striping of City Streets & Parking Lots NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereOf between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another part7 to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee shall, prior to execution of the contract, furnish evidence satisfactory to the Surety of the Obligee's ability to make payment .to the Principal in accordance with .the terms of the contract. Signed and sealed this 29th day of July 2005 F &..2~ Construction, Inc. / ,Z,: ~ ~, Arch Insurance Company MiChael B%onet--- ~, Attorney-In-Fact & Florida ,,, ~c,~ .............. ~ ................... ~ Resident AEent ARCH Insurance Company ARCH Sure~ NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the suret'~;. DISCLOSURE OF PREMIUM - The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint Michael B~net of Miami Lakes, FL its true and lawful Attomey(s)-in-Fact. to make, execute, seal. and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more *bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may reVoke this appointment at any time. The execution of such bonds and undertakings in pursuanCe of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is ~igned, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board .of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President. or any Vice President.' or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal (~f, the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.. 065450-2 BUSINESS NAME I LOCA~ON F & L CONSTRUCTION INC 8095 W 21 LA $$016 HIALEAH ._ 2004. ocCUPATIONAL LICENSE TAX 2005 ~' ~LAYI~'!.'~ AT PLACE OF BUSfl~F. Ss to c0~ C~E ~~R aA. ^~. S & ~o. THIS IS NOT A BILL-DO NOT PAY RENEWAL C23 FIRST-C[ U.S. POS' PAll: MIAMI, PERMIT Ni UCENSE NO. 065450- 2 STATE #CGC001094 OWNER F & L CONSTRUCTION INC Sec. Type of Business 196 OENERAL BUILDINO CONTRACTOR THIS IS AN OCCUPATIONAL TAX ONLY. IT DOES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULATORYOR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE LICENSEE FROM ANY OTHER LICENSE OR PERMIT REQUIREO BY LAW. THIS IS NOT A CERTIFICATION OF THE F 8 L CONSTRUCTION INC LIC.NS,~'s ou^uFIc^- 8095 W 21 LA #C25 TION. HIALEAH FL 35016 PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: WORKER/S 10 DO NOT FORWARD 08/06/2004 OO2O0OO0055 000045~0 SEE OTHER SIDE I,,11,,,i1,11,,,,,,11,11,,,,,11t,,I,,,I,!1,,,!1,1,,,I,i,,I,1,1 I~IAMI'DADE COUNTY PUBLIC WORKS DEPARTMENT '111 N.W. 1st STREET, SUITE 1510 MIAMI, FL 33128 (305) 375-2705 I.U CCNTRACTER CATEGORY(S): EXPIRES ON 09/.30/2005 ~ -~ · N L · · ~.~-7~-~.~: SignaJure of Qualifying Agent QUALIFYING AGENT (Q.A.) MUST SUPERVISE, DIRECT AND CONTROL ALL WO. "Properly of Miami-Dade Building Code Ccmpliance Office" Secretar~ Construction Trades Qualifying Board ............ ........ INSTRUCTIONS PLAC PHOT HERE Ci]~. S'i PUC 1 .ICN LANE UNIT 23-C ~t 33C.1~. o ~3 o o 0 ~0 {/~ r~H c~ w F.,.10 C~ 0 ~0 O) ~H rtl U H~ i'~i::i;!i !!: ;:.~. :.i :!~.!. ..'. ..... ,...~..~:~.. ~., .... ,. i~ i ..!!' ii'.' .' '~" ' FI.ST P~ PERMrT THIS IS NOT A BILL-DO NOT PAY 0654~0-2 BUSINESS NAMEIL~A~ON ~ -, RENEHAL F & L CONSTRUCTION ZNC UCENSENo' 8095 ~ 21 LA C2~ STATE ~CGCOOZ09~ ~016 H~ALEAH OWNER F & L CONSTRUCTION ZNC Sec. Ty~ of Business ~ORKER/S 196 GENERAL BUZLDZNG CONTRACTOR ~lS ~ AN ~CUPA~L · 10 ~ ONLy. ff ~S' ~ R~ ~ L~E TO Vlo~ ANy ~ ~GU~T~y ~ Z~ ~ OF ~ COU~ ~ Crees. ~ ~ IT DO NOT FORWARD ~ ~. LmSEE ~. ~Y o~R ~SE ~R~ ~Q~RED BY ~W. ~lS I$~ NOT ~ ~.~-c,~ oF ~ F & L CONSTRUCTION ~EN~E'S QUAURC& .o.. 8095 W ~A~.Ec~Eo HIALEAH FL 33016 M~ADE ~U~ T~ COLLECTS: 08/06/Z00~ 00200000055 . oooo~s,~ I',11,,,I1,11,,,,,,!1,11,,,,,111,,!,,,I,!1,,,!1,1,,,I,!,,I,1,1 ~ SEE OTHER SIDE . N.W. 1st STREET, SUITE 1510 CCNTRACTCR MIAMI, FL 33128 (305) 375-2705 T . nl~ c.,,c: c c ~ CATEGORY(S): PLAC CE~ZF]CAT~: CF CC~Pct~hCY ~ CCNCRETE cNGZ '-'" ~XpzR~S ON~o~/~O~~:' ::- N~:~. PHO~ . , F L co sT oct.z - c B 5.5. ~C.: 265-74-~3~5 . ' ~qnature OUAUFYiNG AGENT (D.A.).MST SUPERV,SE, OmECT AND CONT.OL "Properly of Miami-Dade Building Code Compliance Office" Secreta~ Construction Trades Qualifying Board ............................... ............. - . INSTRUCTIONS ..... - -...~--. UC ] .1:~ h: H ii, L;:_ AH ~L 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 ali persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, .. 1, 2, 3-4-92; Ord. No. 92-2785, .. 1, 2, 6-17-92) Cross reference(s)--Definitions generally, . 1-2. 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: BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 56 (b) (c) .(d) (e) (f) (g) (h) (~) (2) (3) (4) (5) His name; His business address; The name and business address of each person or entity which has employed the regiStrant to lobby; The commissioner or personnel sought to be lobbied; and The specific issue on which he has been employed to lobby. 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. 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. 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. Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. 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. In addition to 'the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation 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 fumished 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) BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 57 Sec. 2-483. (a) Exceptions to registration. 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 I 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. Ali 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 DATE: 06/21/05 CITY OF MIAMI BEACH 58 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 CRFLI"), 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 of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (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 ora 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 ofthis 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 (f) 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 DATE: 06/21/05 CITY OF MIAM! 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 staff including, 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 at, er 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. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 6O (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 ora 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. 2001-3295, § l, 3-14-01) BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 61 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. (l) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent bY one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAM1 BEACH 62 (b) (c) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. Contractor means any individual or other legal entity that: (2) 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 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 Pfoposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection (j) below: a contractor so excluded is debarred. (0 Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose debarment, (g) Preponderance Greater weight of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (i) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. 0) List of debarred contractors means a list compiled, maintained and distributed by the City[~ls 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 BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 63 (2) (3) inspection and dissemination; 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 Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) (2) (3) (4) (5) (6) (7) (8) The names and addresses of all contractors debarred, in alphabetical order; The name of the department that recommends initiation of the debarment action; The cause for the debarment action, as is further described herein, or other statutory or regulatory authority; The effect of the debarment action; The termination date for each listing; The contractor's certificate of competence or license number, when applicable; The person through whom the contractor is qualified, when applicable; The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (l) (2) (3) In accordance with internal retention procedures maintain records relating to each debarment; Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400.Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. (b) Debarred contractors are excluded from acting as individual sureties. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 64 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 &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. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 65 (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, (2) (3) (4) For commission of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; For violation of federal or State antitrust statutes relating to the submission of offers; For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) (2) (3) 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; Violation of a City ordinance or administrative order which lists debarment as a potential penalty; 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 of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the BID NO: No. 23-04/05 CITY OF MIAMI BEACH DATE: 06/21/05 66 (b) (c) (d) (e) proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. 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 staffto the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following information: (l) (2) (3) (4) That debarment is being considered: 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; 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. The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. 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. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 67 (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) (2) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. 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: (l) (2) (3) (4) (5) BID NO: No. 23-04/05 DATE: 06/21/05 For commission of an offense as described in subsection 2404(a)(1): five (5) years. For commission of an offense as described in subsection 2404(a)(2): five (5) years. For commission of an offense as described in subsection 2404(a)(3): five (5) years. For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) years. For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) CITY OF MIAMI BEACH 68 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: (2) (3) (4) (5) Newly discovered material evidence; Reversal of the conviction or civil judgment upon which the debarment was based; Bona fide change in ownership or management; Elimination of other causes for which the debarment Was imposed; or 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 0fMiami 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 of March,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH · 69 . 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 V! 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 oflnterest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a ti.mely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. There is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. (a) Right to Protest. Any actual bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "bidder") who has a 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 CRFLI') or invitation for bid for goods and/or services ("hereinafter, collectively referred to as the bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and CITY OF MIAMI BEACH BID NO: No. 23-04/05 DATE: 06/21/05 7O 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 ali pertinent documents and evidence. No bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest bid sp6cifications, 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 BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 71 (e) (0 (g) (h) (i) O) (k) (I) award of a bid. 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 respbnsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the ssue o respons veness. The ......................... ., : ....... ~, ............. : 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. Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such bid unless a written determination is made by the City Manager, that the award pursuant to such bid must be made without delay in order to protect a substantial interest of the City. 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. 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. 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. The determination of the City Manager and the Ci_ty Attorney with regard to all procedural and technical matters shall be final. BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 72 Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January, 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. ATT~T: BID NO: No. 23-04/05 DATE: 06/21/05 CITY OF MIAMI BEACH 73