Agreement-Fire Sprinklers Inc.
AGREEMENT BETWEEN
THE
CITY OF MIAMI BEACH
AND
FIRE SPRINKLERS, INC.
FOR
MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE
SPRINKLER SYSTEM RENOVATION
BID NO. 30-99/00
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
Bid No 30-99/00
City Clerk
AGREEMENT
THIS AGREEMENT made this day of 2000, 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
Fire Sprinklers, Inc,
4110 E. 11th Ave.
Hialeah, FL 33013
Telephone (305) 685-5105
Facsimile (305) 687-6836
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 "MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE SPRINKLER
SYSTEM RENOV A nON" by said City, do hereby mutually agree as follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor
any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet,
nor shall any sums of money provided to be paid to said Contractor be assigned by said
Contractor to anyone without the consent of the City Commission of said City evidenced by
its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and
the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict with
this written Contract, are as much a part hereof as if copied herein. If conflicts exist between
them and this written instrwnent. only that part of the matter in direct conflict herewith shall
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the 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 The Contractor shall be Substantially Completed with the Work within one-
hundred fifty (150) calendar days after the date when the Contract Time
commences to run, and completed and ready for fmal payment within one-hundred
eighty (180) calendar days after the date when the Contract Time commences
to run.
Bid No 30-99/00
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 One Hundred Dollars (5100.00) 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 One Hundred Dollars (5100,00) for each calendar day
that expires after the time specified in Paragraph 3.1 for completion and
readiness for final payment. These amounts represent a reasonable estimate of
Owner's expenses for extended delays and for inspection, engineering services and
administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all reasonable
times.
5. Ifany dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the time
for its completion hereinbefore stated shall not deprive City of the right to exercise any
option in this Agreement contained nor shall it operate to alter any other term of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
Bid No 30-99/00
2
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for perfonnance 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 a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price:
$187,460,00
11. The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of
the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
(SEAL)
CITY OF MIAMI BEACH
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Mayor
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ATTEST:
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City Clerk
APPROVEO AS TO
FORM!; 8. I.:PJt.lO~AGE
g FOR execuTiQN
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Bid No 30-99/00
3
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CITY OF MIAMI BEACH
ciTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
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COMMISSION MEMORANDUM NO. Co (-00
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: January 26, 2000
FROM:
Lawrence A. Levy \ W'
City Manager ~
SUBJECT:
Request for Approval to Award a Contract to Fire Sprinklers, Inc., in the
Amount of $187,460, Pursuant to Bid No. 30-99/00 for the Miami Beach
Convention Center West Wrap Fire Sprinkler System Renovation,
ADMINISTRATION RECOMMENDATION
A ward the contract.
BID AMOUNT AND FUNDING
$187,460
Funds are available from the Convention Center Capital Account
Number 441-2216-069358.
ANAL YSIS
This Invitation to Bid was issued on October 27, 1999, with an opening date of December 6, 1999.
A mandatory Pre-Bid Conference and Site Inspection were held on November 15, 1999. One-
hundred-nineteen (119) notices and twenty-five (25) specifications were issued, resulting in the receipt
of three (3) responsive bids.
This Bid includes supplying all labor, materials, equipment and supervision necessary to replace the
fire sprinkler system for the "West Wrap" of the Miami Beach Convention Center. The existing piping
is over thirty (30) years old and is beginning to deteriorate. The Contractor will remove and replace
all 2" and smaller fire sprinkler pipe and fire sprinkler heads. The Contractor will replace 2,610
sprinkler heads and install the required sprinkler piping (drops). Additionally, the contractor will
replace the 2,610 ceiling tiles where the new sprinkler heads are to be installed, with 2' x 2' ceiling
tiles, and repair the drywall ceiling as required. The contractor will replace any water mains
necessary, upon approval from the City's Project Manager.
AGENDA ITEM Q 2 ~
DATE 1- 2~--OO
3
Bid No, 30-99/00
Page Two
January 26, 2000
ANAL YSIS (Cimt.)
The contractor will substantially complete the work within one-hundred fifty (I 50) calendar days from
the issuance of the Notice to Proceed, and complete ready for final payment within one-hundred eighty
(180) calendar days after the date of the Notice to Proceed.
All references have been checked and this contractor has received outstanding comments regarding
the quality of work, with prior projects being completed in a timely manner.
The City Commission should authorize the award of this bid to the lowest responsive, responsible
bidder, Fire Sprinklers, Inc.
BID TABULATION
Vendor Lump Sum Replacement of Water Mains
Fire Sprinklers, Inc. $187,460 1" $20 per L.F.
1 1/4. $24 per L.F.
1 Y2" $25 per L.F.
2" $27 per L.F.
2 Yz" $35 per L.F.
3" $40 per L.F.
4" $45 per L.F.
5" $45 per L.F.
6" $50 per L.F.
8" $60 per L.F.
Coast to Coast Construction $262,820 $10 per L.F. (Average)
The Pifton Corp. $466,561 $22 per L.P.
,4.."--b.{ ti'--~
LAL~KIDTIMRlje
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BID No. 30-99/00
BID PROPOSAL FOR
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOV A TION
PROPOSAL PAGE 1 OF 5
PROPOSAL OF
FIRE SPRINKLERS, INC.
(Name)
4110 EAST ELEVENTH AVE., HIALEAH, FLA. 33013
(Address)
(FOR)
Constructing the improvements designated and described in the attached Notice to Contractors. and
which said Improvements are designated as the MIAMI BEACH CONVENTION CENTER
\VEST WRAP FIRE SPRINKLER SYSTEM RENOV A TION and more particularly set forth
herein.
SUBMITTED
DEC. 6
1999
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the undersigned, hereby declare that no person or persons. firm or corporation other than the
undersigned, are interested in this Proposal, as principals, and that this Proposal is made without
collusion with any person. finn or corporation, and we have carefully and to our full satisfaction
examined the attached Notice to Contractors, General Provisions, Specifications for Materials and
Construction Methods, Supplementary Conditions, and fonn of Contract and Bond. together with
the accompanying Plans, and that we have made a full examination of the location of the proposed
\\" ork and [he sources of supply and materials. and we hereby agree to furnish all implements.
machinery. equipment. transportation, tools. materials, supplies, labor. and other things necessary
to the prosecution and completion of the work, fully understanding that the quantities sho..vn in the
~otice to Contractors and Proposal are approximate only. and that we will fully complete all
necessary work in accordance \\-ith the Plans and the attached Specifications, and the requirements
under them of the Engineer within the time limit specified in this Proposal for the following unit
prices to-wit:
BID NO: 30-99/00
DATE: ]0/25/99
CITY OF MIAMI BEACH
4
BID No, 30-99/00
BID PROPOSAL FOR
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOV A TION
PROPOSAL PAGE 2 OF 5
.-\11 bid items shall include costs for furnishing to the City all material, equipment, and supplies and
for all cost incurred in completing the work, including installation of all materials, equipment, and
supplies furnished. complete in place and ready for continued service. including all tie-in ,...ork and
testing. all other labor, permit fees, taxes. insurance, miscellaneous costs. overhead and profit.
The Contractor shall be Substantially Completed with the Work within one-hundred fif~' (150)
calendar da)/s after the date when the Contract Time commences to run as provided in paragraph
~.3 of the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within one-hundred eighty (180) calendar da)'s after
the date when the Contract Time commences to run.
Provide all labor. equipment, material, and supervision necessary to perform the full extent of the
work as described herein;
Lump Sum: S 187,460.00
ONE HUNDRED EIGHTY SEVEN 'T'H()TTS~Nn, FOTTR HUt>JRED SIXTY DOLLARS
Written Amount
*
SEE ENCLOUSURE
Contractor shall replace the water "mains" @ S per linear foot. as required.
NOTE: The Cit)"'s Project Manager or designated representative shall approve this work
prior to commencement.
BID !'lO: 30-99/00
D1\ TF.: J 0/25/99
CITY Of MIAMI BEACH
5
PROPOSAL PAGE 3 OF 5
ADDENDUM ACKNOWLEDGMENT
~o. ONE
11/24/99
N SIGNING BID
ADDE:\TDUM
DATED
:\0.
Bidder accepts all of the temlS and conditions of the Bidding Documents. including without
limitation those dealing with the disposition of the Proposal Guaranty.
In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders
and further warrants and represents that:
a. Ridder has examined copies of all the Bidding Documents. the Notice to Contractors. the
Proposal Requirements and Conditions, and the following Addenda (receipt of all which is
hereby acknowledged):
b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work
Site, Locality. and all Local Conditions and Laws and Regulations that in any manner may
affect cost. progress. performance. or furnishing of the Work.
c. Bidder has studied carefully all reports and dra\\-ings of subsurface conditions and drawings
of physical conditions which are identified in the Supplementary Conditions as provided in
Paragraph 4.2 of the General Conditions, and accepts the determination set fOM in Paragraph
SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon whieh Bidder is entitled to rely.
d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations. investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (b) above) which pertain to the subsurface
or physical conditions at the site or otherwise may affect the cost. progress, performance or
furnishing of the Work at the Contract Price. within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the
provisions of Paragraph 4.2 of the General Conditions; and no additional examinations.
investigations, explorations, tests, reports or similar information or data are or will be
required by Bidder for such purposes.
OlD J'liO: 30-99/00
DATE: 10/25199
CITY OF MIAMI BEACH
6
PROPOSAL PAGE 4 OF 5
e. Bidder has reviewed and checked all information and data shown or indicated in the Contract
Documents with respect to existing Vnderground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground Facilities. 1'0
additional examinations. investigations, explorations. tests, reports or similar information or
data in respect of said Underground Facilities are or will be required by Bidder in order to
perform and furnish the Work at the Contract Price. within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of Paragraph 4.3 of the General Conditions.
f. Bidder has correlated the results of all such observations, examinations, investigations.
explorations. tests, reports and studies with the tenns and conditions of the Contract
Documents.
g. Bidder has given the City wrinen notice of all conflicts. errors or discrepancies that it has
disco\-ered in the Contract Documents and the \\Tinen resolution thereof by City is
acceptable to Bidder.
FIR~'S ~A~lE (Print or Type): FIRE SPRINKLERS, INC
SIGSATliRE: ~~...:--r-
TITLE/PRINTED~.. ~ KUZNARIK, PRESIDENT
ADDRESS: 4110 EAST ELEVENTH AVE., HIALEAH, FLA. 33013
TELEPHONE NU\IBER: 305.685.5105
FAX: 305.687.6836
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
7
PROPOSAL PAGE 5 OF 5
The undersigned further agrees to perform all necessary "Extra Work", as provided for in the General
and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days
after the date on which the Notice of A ward has been given. The undersigned further agrees to
commence work under this Contract within seven (7) days following the date indicated on the Notice
to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete
the Work with the Contract Time period as stipulated in the Agre~ment. The undersigned further
agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract
Substantial Completion date that the Work is not substantially completed, and for each consecutive
calendar day that passes after the Contract Final Completion date that the Work is not completed and
ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement.
The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than
(100%) one-hundred percent of the contract price of the work.
The undersigned further agrees to bear full cost of maintaining all work until the final acceptance,
as provided in the General Provisions.
Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the
sum of
5% OF CONTRACT AMOUNT
Dollars $
5% OF CONTRACT AMOUNT
Bid Bond is to be forfeited as liquidated damages if. in case this Proposal is accepted, the
undersigned shall fail to execute the attached Contract under the conditions of this Proposal;
otherwise, said Bid Bond is to be re to the undersigned upon the delivery of Satisfactory Bond.
PRESIDENT
Signature & Tit
AVE., HIALEAH, FLA. 33013
Address
Telephone Number
305.685.5105
BID NO: 30-99/00
DATE: 10/1.5/99
CITY OF MIAMI BEACH
8
(
Fidelity and Deposit Company
OF MARYLAND
HOME OFFICE
Donu X 0...... ..... ......................
BALTIMORE, MD. 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,.:.__......:!.!.~_:._~~E!..~~.~::.~.!....~.?~.:......_.._.._......_......_._.._.._.._.._._.._.........._........._...... ......._.........._.._
------.---.-.-.-.-..-..-.--.-..-......-..-..-..-.-..-.-----..-------------------..------
-.-.....-.--.--..-.-..-..-.-..............-..-..........-..., as Principal, (hereinafter called the "Principal"). and
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized
under the Jaws of the State of Maryland, as Surety, (hereinafter called the "Surety"), a~ held and firmly bound
City of Hiami Beach
unto__._...._._..._._..._._....._._.._.._.._.._.._.._.._.__._..__._._.._._._.._._._._..__... .._._.._.........._.._.._._
-------.-..-.-.-.-..-.-..-..-..-...-............-.-.-.---.-..-....-..--... ~ . ....
--.-.------.............-......................-..-.....-......-.-......_.._..as Obligee, (hereinaf tel called th.. "Oblig~"),
in the sum oL--!~..Y.~.!~.E.~~_.!?~_~?.~E.~..~2:~.._.._._.._.._.._....._._.._._..._.Dollars (S..._._.~~___),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal h(~ " ~bmitted C& bid for... l;{i~~'!.~~~!.~~.'?~...~_:!:~~:_.~~:.~~~~_
Fire Sprinkler System Rec..jvatior. .
Bid II : 1 gg .9.S7~-~:.-_..^--z'O.-O-.tv:-......_.-.--.--.-._.-.-..-..-.-...-.--.---
---- '" .. 2.~# '.Q-..:..e5"+--.-..----......-......-.-..-..---..-..-..-.---...
__. ... 'II ._._.._._.._.._......_.._.___._.__.._.__._....._._.._......._. _._.._._._____
.l..._._.._.___...._.._...__.__.......
----.-..-...-.-..-.....-.-.--.--.-.-.-..
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 su~h bid and give such. bond or bonds as may be
lpecified in the bidding or contract documents with good and sufficient surety for the faithful performance of
IUch 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 into such contract and give such bond or bonds. if the Principal
Ihall 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 Ikrfonn
the work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this...-..-...._._:~~~m......_......_...._...day ~f....._...~~~.::~.~~_.. ...................A D. 1S1..:~....
~~-w~.__.__.
Fire Sprinklers, Inc.
(S7AL~
...-.... ...................-..-..-.....-...............-..-..- .. .....-
Prir.c" pc;..
...........-.-....:2@..~..:?1.\2.~~ -r
Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Stlrety
~_._._._.__....
Witness
CJ2~-ISOM.
ApPrOved by The American Inltitute of Architects.
A.loA. Docamaat No. A.JIO February 1970 Edition.
BY....._'O~_..__..___. _..(5=.)
Arthur K. Broder nlie
Agent & Attorney In Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BAL nMORE. MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section
2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, does hereby nominate, constitute and appoint Arthur K. Broder, of Davie, Florida, its true and lawful agent and Attorney-in-Fact,
to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the
execution of such bonds or undertakings in pursuance of these presents, shall b binding u~on . Company, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regular d officers fi ompanyat its office in Baltimore, Md., in their
own proper persons. This power ofanorney revokes that issued on behalfo . Broder, priI18,1997.
The said Assistant Secretary does hereby certify that the extract set the reve~ ereof is a true copy of Article VI, Section 2, of the
By-Laws of said Company, and is now in force. ~~ ,<:>
IN WITNESS WHEREOF, the said Vice-President and ,~!~~~ have subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MAR I ~ 7th day of. .D. 1997.
ATIEST, FIDEUTV AND~~SIT COMJ,~ OF MARYLAND
~ ~ /2
~"- By: L46WtJ.lt;tk---
~ :sistant Sec W. B. Walbrecher Vice-President
~ ~
On th" 7th "'" of M.,.. AD. 1997. "'.... th< 'ob< .~.., '""Ii' of"" S_ of ....",..... duly _Io~d ~d q""""~ """ W. B.
WALBRECHER, Vice-President and T. E. SMITII, t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals and office 'bed in and who executed the preceding instrument, and they each acknowledged the
execution of the same, and being by me duly swo rally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the precedl trument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Notary Public
Expires: August 1,2000
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power
of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed. .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
~&;
day of
(WlJ,vnJJ.i.L. /119
~~ma~
Assistant Secretary
L1428-031-2375
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Inlormation supplied in response to this questionnaire is subject to verificatioD,
Inaccurate or incomplete answen may be grounds for disqualification from
award of this bid.
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By FTRF. ~PRTNKT.F.R~. INC.
Principal Office 4110 EAST ELEVENTH AVENUE, HIALEAH, FL 33013
How many years has your organization been in business as a General Contractor under your present
business name? 38
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? 38
State of Florida occupational license - state type and number:
Dade County certificate of competency - state type and number: 0276700017
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 38 y r s .
(B) As a Sub-Contractor 3 B Y r s .
(C) What contracts has your organization completed?
Contract Amt Class of Wark When Completed Name! Address of Owner
.1',
-~_..
SF.F.
~TTACHF.D FOR YOUR':REVlIEW
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company name) due to failure to comply with contractual
specifications? NO
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? NO
BID NO: 30-99/00
DATE; 10/25/99
CITY OF MIAMI BEACH
9
If so, state name of individual, name of owner, and reason thereof N I A
In what other lines of business are you financially interested or engaged?
J K DEV. CORP. - GENERAL CONTRACTOR
Give references as to experience, ability, and financial standing JOE RICH, PRES.
UNION AIR CONDITIONING, INC. 17141 N.W. 2 CT., MIAMI, FL. 33169
305.652.4321
What equipment do you own that is available for the proposed work and where located?
ALL NECESSARY EQUIPMENT, TOOL, AND MATERIAL
FIRE SPRINKLERS, INC, 4110 EAST ELEVENTH AVE., HIALEAH, FL, 33013
What Bank or Banks have you arranged to do business with during the course of the Contract should
it be awarded to you?
NATIONS BANK (BANK OF AMERICA)
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
Y that the above answers are true and correct.
~es,
(SEAL)
,(
(SEAL)
BID NO: 30-99/00
DATE: 10125/99
CITY OF MIAMI BEACH
10
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOVATION
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4)
fimu or aOVemment oraanizations for which the Contractor is currently furnishing or has furnished,
similar services.
~)
Company Name
Addreu
Contact Penon
T eJephonc Number
/2)
Company Name
Address
Contact Penon
MF.RCY HOSPITAL
3663 SO.MIAMI AVE. M~~M* ~LA
.. .
JOHN SCULLY, DIRECTOR OF PLANT OPERATIONS
305 285 2153
THE ARCHON GROUP
2101 WEST COMMERCIAL BLVD ~RT LAVDERDALE
.TIM HOT.~7.(,HnH. PRO'PF.R"TF.~. "fr,MT
Telephone Number 9 5 4 7 3 0 0 3 3 4
.~
Company Name
Address
ContactPersoa
Telephone Number
4)
Company Name
Addreu
Contact Penon
Telephone Number
BID NO: 30-99/00
DAn: 10/25/99
G C C M GEN. CONT. & CONST. MGMT, INC.
7390 5; WI 116 TERR. MY AMI. FI.A
. KAMRAN GHOYM!LOO
305 253 0044
PLATTS BLUFF SERVICES, (GEN CONTRACTOR)
5220 N,W. 77 COURT, POHPANO BEACH, FL
ROBERT ELSEMILLER
954 426 5948
CITY or MlAMJJI&ACH
11
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), iimits of liability
$1,000,000.00 per occurrence for bodily injury property damage to include
Premises/ Operations; Products and Completed Operations; Independent
Contractors; Broad Form Property Damage Endorsement and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
xxx 3.
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each
occurrence - ownedlnon-ownedlhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary
coverages.
xxx 5.
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
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 by required within five (5) days aft mng.
FIRE SPRINKLERS, INC.
Bidder
BID NO: 30-99/00
DATE: 10125/99
CITY OF MIAMI BEACH
25
SINCE 1963
PART ONE:
YES NO
xx
xx
xx
xx
PART TWO:
xx
xx
xx
f5J
xx
xx
xx
CEILING:
FIRE SPRINKLERS, INC.
SPECIALISTS IN ASSURING BUSINESS ASSETS AGAINST LOSS BY FIRE
4110 EAST ELEVENTH AVENUf
HIALEAH. FLORIDA 33013
DADE: (305) 685.5105
BROWARD: (305) 765.1202
FAX: (305) 687.6836
BID NO: 30 - 99/00
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOVATIONS
SCOPE OF WORK
REVISED NOVEMBER, 29, 1999
GENERAL INFORMATION
1.
REVIEW A COMPLETE SET OF SPECIFICATIONS/DOCUMENTS.
2.
ACKNOWLEDGE ALL PRE-BID ADDENDA.
3.
COMPLETE COMPLIANCE WITH ALL LOCAL, STATE AND NATIONAL CODES AND
REGULATIONS.
4.
PROVIDE A PAYMENT AND PERFORMANCE BOND.
FI RE PROTECTION
1.
WORK TO COMMENCE FROM THE EXISTING SPRINKLER SYSTEM.
2.
REMOVE AND REPLACE Two THOUSAND, SIX HUNDRED TEN (2,610) SPRINKLER
HEADS AND DROPS ONLY.
WE WILL CUT HOLES IN THE NEW TILES WHEN INSTALLING THE NEW SPRINKLERS.
ALL SPRINKLER HEADS TO BE REPLACED IN THE SAME POSITION THEY ARE
PRESENTLY IN. WE ARE REPLACING ALL SPRINKLER HEADS AND DROPS ONLY.
No OTHER PIPE WORK IS INCLUDED IN OUR BASE BID.
4.
USE EXISTING FIRE PUMP AND JOCKEY PUMP.
5.
ALL PERFORMANCE AND ACCEPTANCE TESTING.
6.
MATERIAL AND TEST CERTIFICATE FOR NEW ABOVE GROUND PIPING TO THE CITY
OF MIAMI BEACH INSPECTION DEPARTMENT.
WE HAVE INCLUDED Two THOUSAND SIX HUNDRED NEW (2,600) CEILING TILES IN OUR CONTRACT PRICE THIS
IS BASED ON A PLUS OR MINUS WITH AN ALLOWANCE OF SIX DOLLARS (6.00) PER CEILING TILE, INSTALLED.
~GGRi"DjSiN~~~EDiN-THI~,~C ALL NEW TILES ONLY.
PIPING:
SHOULD YOU DESIRE TO CHANGE ANY MAIN PIPING OR LINE PIPING ON THE EXISTING SYSTEMS, THE FOLLOWING
PRICES WILL APPLY AS AN ADD TO THE CONTRACT PRICE.
PRICES OF NEW PIPING INSTALLED WHERE EXISTING PIPING IS REMOVED:
SIZE PRICE PER FOOT INSTALLED:
1 - INCH 20.00
1/4 INCH 24.00
'/2 INCH 25.00
2 INCH 27.00
2 '/2 INCH 35.00
3 INCH 40.00
4 INCH 45.00
5 INCH 45.00
6 INCH 50.00
8 INCH 60.00
NOTE: WE HAVE INCLUDED AN ALLOWANCE OF THREE THOUSAND (3,OOO.00)DOLLARS FOR PERMIT FEES.
~~....G:,/ ~e:;
DATE '
DATE
OWNER/OWNERS AGENT
FIRE SPRINKLERS, INC.
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
INVITATION TO BID NO. 30-99/00 (AMENDED)
O 1 PROCUREMENT DIVISION
ADDENDUM N . 1700 CONVENTION CENTER DRIVE
November 24, 1999 MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673-7490
SUNCOM: (305) 933-7490
FAX: (305) 673-7851
City of Miami Beach Invitation to Bid No. 30-99/00 for MIAMI BEACH CONVENTION
CENTER WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION, is amended as follows:
CHANGE: Bid Opening date from November 29, 1999 to December 6,1999,
CHANGE: Page 51, Section "PIPING", Para. 1, last sentence of the bid specifications to read;
"All pipes and fittings 2" and smaller shall be threaded Schedule 40 or Allied XL
pipe".
Al!lli Page 53, Section "EXECUTION", "Contractor shall replace the 2,610 ceiling tiles
where the new sprinkler heads are to be installed, with (Armstrong ceiling tile #589,
2' x 2') and repair drywall ceiling as needed".
ADD;. Updated engineered plans will not be required as the contractor will be replacing
sprinkler drops, heads and tiles only.
ADD;. Sprinkler heads shall be flush mounted and totally concealed.
AD.Dl Sprinklers shall be white in color (plates)
AD.Ih Contractor will be required to provide dumpsters for all debris removal.
BID NO: 30-99/00 (AMENDED)
DATE: 11/24/99
Questions received from prospective proposers and corresponding answers,
Q 1: Will sections of the system be allowed to be isolated, taken out of service, drained,
and be allowed to remain out of service until work is completed, or will system have
to be drained and returned to service on a daily basis?
A I : The system is to be drained while replacement of sprinkler heads is being perfonned.
Upon completion of selected section, system will be pressurized and secured in
servIce.
Q2: Will white semi recessed sprinklers with white escutcheon plates be acceptable?
Will concealed heads be acceptable for installation in areas of low clearance?
A2: White semi recess sprinklers with white escutcheon plates are acceptable and
concealed heads are acceptable for installation in low clearance areas.
Q3: What are the specifications for the acoustical tile and grid system used through out
the West Wing and the kitchen areas to be used to replace at sprinkler? Will any
other tiles be replaced or will sections of acoustical ceiling system be replaced?
A3: Contractor is responsible for acquiring color and ceiling tile specifications for the
west wing, kitchen area and north ball room. All ceiling tile and ceiling systems
damaged by the contractor will be repaired by the contractor.
Q4: Will ceiling that has been removed in service corridor be replaced or will additional
sprinklers be installed for proper coverage?
A4: No additional sprinklers will be installed. Only replacement of existing system.
Q5: What are the specifications for the paint over all the gypsum board "Hard" ceilings.
Is it acceptable to assume painting of only the patch work around the sprinkler heads
at gypsum board soffits as opposed to the entire soffit "Hard" ceiling assembly.
A5: Contractor will be responsible for painting all hard ceiling areas. Specifications for
the paint will be discussed at the Pre-Construction Meeting.
Q6: Replacement of pipe is restricted to the drop piece to which the existing sprinkler is
attached and the installation of new drop and sprinkler as explained during the walk
through. Are arm over pieces and or branch lines to be replaced? If so please indicate
quantity and size of piping to be replaced.
A6: Arm over piece and branch lines are to be replaced on an "as needed" basis if
corrosion or leaks exist. Sizes will vary depending on which pipe and the location
of pipe.
BID NO: 30-99/00 (AMENDED)
DATE: 11/24/99
Q7: Please provide a schedule/calendar of events indicating the days which work may
take place. Indicate the nwnber of non work days which must be included in the
construction progress schedule.
A7: A schedule/calendar of events will be provided at the Pre-Construction Meeting,
however events are updated on a continuous basis. As discussed at the Pre-Bid
Conference, the majority of the work will have to be accomplished during the months
of April and May 2000.
Q8: As per Item #10, will there be planned work stoppages due to events? How many
mobilizations/demobilizations should be considered in the price.
A8: Work stoppage will occur depending on the scheduling of events. (Reference A 7)
The City of Miami Beach can not guarantee a specific nwnber of
mobilizations/demobilizations. This will be discussed during the Pre-Construction
Meeting.
Q9: Can we assume the working hours will be reasonable construction hours, Monday-
Saturday from 7:00 Am to 5:00 PM with Sunday from 7:00 AM to 5:00 PM as
optional?
A9: The majority of the work will be accomplished at nights and on weekends.
(Reference AS)
Q 1 0: Will a lockable room be dedicated as a "Staging" area to store materials and tools
AlO: Yes
QII: Will Davis Bacon Prevailing Wage Rates or certified payrolls be required?
All: No.
Q12: Will the Miami Beach Convention Center provide Builders Risk Insurance?
A12: Contractors "Insurance Requirements" are specified on Pages 22-25 of the bid
documents.
Q 13: Will Parking spaces be provided, or will contractors have to account for this in the
bid price?
A13: Parking will be provide at no cost to the contractor.
Q 14: Will a permit be required, and if so who will be responsible to pay for it?
A14: See Page 39, Para. 7.2 of the bid docwnents.
BID NO: 30-99/00 (AMENDED)
DATE: 11/24/99
Q15: Will there be any required demolition in addition to removing acoustical tiles and
replacement of sprinkler heads?
A 15: Removal and replacement of dry wall ceilings as needed.
Q16: Will there be any structural work associated with upgrading sprinkler system? Will
contractors need to provide additional framing support structure for new pipe or
equipment which may not be supported from existing structure?
Al6 All work provided by the contractor(s) shall meet Miami Dade County Code.
Q17: Will this project require placement of additional housekeeping pads?
A17: Unknown what is meant by "housekeeping pads".
Q 18: Will any other gypsum board or plaster finishing be required in addition to the
miscellaneous patch work around new sprinkler heads?
A18: Any damages caused by the contractor shall be repaired by the contractor before the
work will be accepted and approved for payment by the City.
Q 19: Will any other additional painting, flooring or any other work be required in addition
to the painting and patch work associated strictly with the fire sprinkler work?
A 19: Any damages caused by the contractor must be repaired by the contractor before the
work will be accepted and approved for payment by the City.
The bidder IIll!St acknowledge receipt of this addendum, as well as receipt of all addenda, on the
proposal page.
All other terms and conditions of Invitation to Bid No. 30-99/00 remain unchanged at this time.
CITY OF MIAMI BEACH
~(2~
Michael A. Rath, CPPB
Procurement Director
BID NO: 30-99/00 (AMENDED)
DATE: 11/24/99
INVITATION TO BID
MIAMI BEACH CONVENTION CENTER
WEST WRAP FIRE SPRINKLER
SYSTEM RENOVATION
BID No. 30-99/00
BID OPENING: NOVEMBER 29, 1999 AT 3:00 PM
Michael A. Rath, CPPB, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
INVITATION TO BID NO. 30-99/00 PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
NOTICE TO CONTRACTORS TELEPHONE: (305) 673-7490
SUNCOM: (305) 933-7490
FAX: (305) 673-7851
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 29h day of November,
1999 for:
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOV A TION
At time, date and place above, bids will be publicly opened. Any bids received after time and date
specified will be returned to the bidder unopened.
A Mandatory Pre-Bid Conference has been scheduled for 10:00 a.m. on November 15, 1999, at City
of Miami Beach Convention Center, 4th Floor Executive Offices, located at 1901 Convention Center
Drive, Miami Beach, FL 33139. The Estimated Budget for this Project is $150,000.
Bid Specifications are available at the office of the Procurement Director, 1700 Convention Center
Drive, 3rd Floor, Miami Beach, Florida.
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.
You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance
with Ordinance 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff. The
ordinance does not apply to oral communications at pre-bid conferences, oral presentations before
evaluation committees, contract discussions during any duly noticed public meeting, public
presentations made to the City Commission during any duly noticed public meeting, contract
negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City
Commission, or communications in writing at any time with any city employee, official, or member
of the City Commission unless specifically prohibited. A copy of all written communications must
be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall
render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and
said bidder or proposer 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 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.
The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the
City of Miami Beach, or waive any informality in any bid. The City of Miami Beach may reject any
and all bids.
CITY OF MIA~EACH
~cz.. ,~
Michael A. Rath, CPPB
Procurement Director
BID No, 30-99/00
BID PROPOSAL FOR
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOVATION
PROPOSAL PAGE 1 OF 5
PROPOSAL OF
(Name)
(Address)
(FOR)
Constructing the improvements designated and described in the attached Notice to Contractors, and
which said Improvements are designated as the MIAMI BEACH CONVENTION CENTER
WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION and more particularly set forth
herein.
SUBMITTED
19
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the undersigned, hereby declare that no person or persons, firm or corporation other than the
undersigned, are interested in this Proposal, as principals, and that this Proposal is made without
collusion with any person, firm or corporation, and we have carefully and to our full satisfaction
examined the attached Notice to Contractors, General Provisions, Specifications for Materials and
Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with
the accompanying Plans, and that we have made a full examination of the location of the proposed
Work and the sources of supply and materials, and we hereby agree to furnish all implements,
machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary
to the prosecution and completion of the work, fully understanding that the quantities shown in the
Notice to Contractors and Proposal are approximate only, and that we will fully complete all
necessary work in accordance with the Plans and the attached Specifications, and the requirements
under them of the Engineer within the time limit specified in this Proposal for the following unit
prices to-wit:
BID NO: 30-99100
DATE: 10125/99
CITY OF MIAMI BEACH
4
BID No, 30-99/00
BID PROPOSAL FOR
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOVATION
PROPOSAL PAGE 2 OF 5
All bid items shall include costs for furnishing to the City all material, equipment, and supplies and
for all cost incurred in completing the work, including installation of all materials, equipment, and
supplies furnished, complete in place and ready for continued service, including all tie-in work and
testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit.
The Contractor shall be Substantially Completed with the Work within one-hundred frl'ty (150)
calendar days after the date when the Contract Time commences to run as provided in paragraph
2.3 of the General Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within one-hundred eighty (180) calendar days after
the date when the Contract Time commences to run.
Provide all labor, equipment, material, and supervision necessary to perform the full extent of the
work as described herein:
Lump Sum: $
Written Amount
* Contractor shall replace the water "mains" @ $
per linear foot, as required,
NOTE: The City's Project Manager or designated representative shall approve this work
prior to commencement,
BID NO: 30-99/00
DATE: 10125/99
CITY OF MIAMI BEACH
5
PROPOSAL PAGE 3 OF 5
ADDENDUM ACKNOWLEDGMENT
ADDENDUM
DATED
SIGNATURE OF PERSON SIGNING BID
No.
No,
Bidder accepts all of the terms and conditions of the Bidding Documents, including without
limitation those dealing with the disposition of the Proposal Guaranty.
In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders
and further warrants and represents that:
a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the
Proposal Requirements and Conditions, and the following Addenda (receipt of all which is
hereby acknowledged):
b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work
Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may
affect cost, progress, performance, or furnishing of the Work.
c. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings
of physical conditions which are identified in the Supplementary Conditions as provided in
Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph
SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon which Bidder is entitled to rely.
d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (b) above) which pertain to the subsurface
or physical conditions at the site or otherwise may affect the cost, progress, performance or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents, including specifically the
provisions of Paragraph 4.2 of the General Conditions; and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or will be
required by Bidder for such purposes.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
6
PROPOSAL PAGE 4 OF 5
e. Bidder has reviewed and checked all information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect of said Underground Facilities are or will be required by Bidder in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of Paragraph 4.3 of the General Conditions.
f. Bidder has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
g. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by City is
acceptable to Bidder.
FIRM'S NAME (print or Type):
SIGNATURE:
TITLEIPRINTED NAME:
ADDRESS:
TELEPHONE NUMBER:
FAX:
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
7
PROPOSAL PAGE 5 OF 5
The undersigned further agrees to perform all necessary "Extra Work", as provided for in the General
and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days
after the date on which the Notice of Award has been given. The undersigned further agrees to
commence work under this Contract within seven (7) days following the date indicated on the Notice
to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete
the Work with the Contract Time period as stipulated in the Agreement. The undersigned further
agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract
Substantial Completion date that the Work is not substantially completed, and for each consecutive
calendar day that passes after the Contract Final Completion date that the Work is not completed and
ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement.
The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than
(100%) one-hundred percent of the contract price of the work.
The undersigned further agrees to bear full cost of maintaining all work until the final acceptance,
as provided in the General Provisions.
Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the
sum of
Dollars $
Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the
undersigned shall fail to execute the attached Contract under the conditions of this Proposal;
otherwise, said Bid Bond is to be returned to the undersigned upon the delivery of Satisfactory Bond.
Signature & Title
Address
Telephone Number
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
8
CONTRACTOR'S OUESTIONNAIRE
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,
Submitted to The Mayor and City Commission of the City of Miami Beach, Florida:
By
Principal Office
How many years has your organization been in business as a General Contractor under your present
business name?
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract?
State of Florida occupational license - state type and number:
Dade County certificate of competency - state type and number:_
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
(C) What contracts has your organizatiun completed?
Contract Amt Class of Work When Completed Name/Address of Owner
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or another company 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?
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
9
If so, state name of individual, name of owner, and reason thereof
In what other lines of business are you financially interested or engaged?
Give references as to experience, ability, and financial standing
What equipment do you own that is available for the proposed work and where located?
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.
I HEREBY CERTIFY that the above answers are true and correct.
(SEAL)
(SEAL)
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
10
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOVATION
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4)
finns or government organizations for which the Contractor is currently furnishing or has furnished,
similar services.
1)
Company Name
Address
Contact Person
Telephone Number
2)
Company Name
Address
Contact Person
Telephone Number
3) Company Name
Address
Contact Person
Telephone Number
4) Company Name
Address
Contact Person
Telephone Number
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
11
AGREEMENT
THIS AGREEMENT made this day of 19_, 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
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 "MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE SPRINKLER
SYSTEM RENOVATION" by said City, do hereby mutually agree as follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor
any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet,
nor shall any sums of money provided to be paid to said Contractor be assigned by said
Contractor to anyone without the consent of the City Commission of said City evidenced by
its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and
the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict with
this written Contract, are as much a part hereof as if copied herein. If conflicts exist between
them and this written instrument, only that part of the matter in direct conflict herewith shall
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the 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:
BID NO: 30-99/00
DATE: 10125/99
CITY OF MIAMI BEACH
12
3.1 The Contractor shall be Substantially Completed with the Work within one-
hundred fifty (150) calendar days after the date when the Contract Time
commences to run as provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within one-hundred eighty (180) calendar days after the date
when the Contract Time commences to run,
3.2 Damages - City and Contractor recognize that the City will suffer direct fmancialloss
if Work is not completed within the Contract times specified in paragraph 3.1 above
(or alternate bid item No.1, if awarded by City) plus any extensions thereof allowed
in accordance with Article 12 of the General Conditions. 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 One Hundred Dollars ($100,00) 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 One
Hundred Dollars ($100,00) for each calendar day that expires after the time
specified in Paragraph 3.1 for completion and readiness for final payment.
These amounts represent a reasonable estimate of Owner's expenses for extended
delays and for inspection, engineering services and administrative costs associated
with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all reasonable
times.
5. If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the time
for its completion hereinbefore stated shall not deprive City of the right to exercise any
option in this Agreement contained nor shall it operate to alter any other term of this
Agreement.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
13
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price: $
11. The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of
the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
(SEAL)
CITY OF MIAMI BEACH
Contractor
By
(Authorized Corporate Officer)
By
Mayor
ATTEST:
Title
City Clerk
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
14
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA )
ss
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that we,
as Principal, hereinafter called Contractor, and
as Surety, are firmly bound unto the City of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of
Dollars ($ ), for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, Contractor, on the _ day of , 19_, entered into a certain
contract with the City, hereto attached, for BID NO, 30-99/00, Entitled, "MIAMI BEACH
CONVENTION CENTER WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION"
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:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and the
Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder
and the City, and make available as Work progresses (even though there should be
a default or a succession of defaults under the Contract or Contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the Contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the Contract price" as used in this paragraph,
shall mean the total amount payable by the City to the Contractor under the Contract
and any amendments thereto, less the amount properly paid by the City to the
Contractor.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
15
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 remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the terms
of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents
for any particular item of work, material or equipment, the Contractor hereby guarantees the same
for a minimum period of one (1) year from the date of final acceptance by the City of the entire
project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
16
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the day of , 19
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Attorney-in-fact
(Power of Attorney must be attached)
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
17
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as Principal
in the foregoing bond; that who signed the said bond on behalf of the Principal,
was then of said Corporation; that I know his signature, and his signature
hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
Secretary
Corporate
Seal
STATE OF FLORIDA)
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that
he is the Attorney-in-Fact, for the and that he has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this day of , 19_ A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My Commission Expires:
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
18
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255,05, FLA, STAT,)
BY THIS BOND, We,
, as Principal, and
as corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of$
for the payment
of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and
severally.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying
Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings,
that the City sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the contract for the time specified
in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this
bond.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part
hereof for the purposes specified therein.
The contract dated
by reference.
between the City and Principal is made a part of this Bond
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation provisions
which must be strictly complied with.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
19
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the day of , 19
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Attorney-in-fact
(Power of Attorney must be attached)
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
20
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as Principal
in the foregoing bond; that who signed the said bond on behalf of the Principal, was
then of said Corporation; that I know his signature, and his signature hereto is
genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by
authority of its governing body.
Secretary
Corporate
Seal
STATE OF FLORIDA)
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that
he is the Attorney in Fact, for the
and that he has been authorized by
to execute the foregoing bond on behalf of the Contractor named
therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this
day of
,19_A.D.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My commission Expires:
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
21
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
a. 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.
b. 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:
1.
11.
111.
IV.
v.
VI.
Vll.
BID NO: 30-99/00
DATE: 10/25/99
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 coverage required by the Risk Manager as indicated
on the 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.
No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida and these companies must have a rating
of at least B+:VI or better per Best's Key Rating Guide, latest edition.
CITY OF MIAMI BEACH
22
V111. Original signed Certificates of Insurance, evidencing such coverage 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.
IX. 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.
c. 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$I,OOO,OOO.OO for each occurrence 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. BID NO. 30-99/900 "MIAMI BEACH
CONVENTION CENTER WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION". 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.
1. 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.
11. 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.
d. 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.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
23
e. 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.
f. 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.
g. If bidder does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
h. 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 insured hereunder shall be considered members of the public; but the
provisions ofthis 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 claim is made or suit is filed.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
24
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 of liability
$1,000,000.00 per occurrence for bodily injury property damage to include
Premises/ Operations; Products and Completed Operations; Independent
Contractors; Broad Form Property Damage Endorsement and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX 3.
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each
occurrence - owned/non-ownedlhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary
coverages.
XXX 5.
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
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 by required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
25
DIVISION 1
General Provisions
Section I
DEFINITION OF TERMS
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals,
Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and
meaning shall be interpreted as follows:
1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "City Manaa:er" - Chief Administrator of the City Commission.
1.6 "Ena:ineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized
assistants.
1. 7 "Inspector" - An authorized representative of the City Engineer assigned to make all
necessary inspection of the materials furnished and of the work performed by the Contractor.
1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or
corporation with whom a Contract has been made by the City.
1.10 "Superintendent" - Executive representative for the Contractor present on the work
at all times during progress, authorized to receive and fulfill instructions from the Engineer and
capable of superintending the work efficiently.
1.11 "Surety" - The corporate body or individual which is bound by the Performance and
Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be
responsible for his acceptable performance of the work for which contract has been made and for his
payment of all debts pertaining thereto.
1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted
his, their, or its Proposal for the work contemplated.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
26
1,13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the
Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded
to him.
1.14 "Plans" - The official approved plans, profile, typical cross-section, general
cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which
show the location, character, dimensions and details of the work to be done, and which are to be
considered as a part of the Contract supplementary to these Specifications.
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
1.16 "Specifications" - The directions, provisions and requirements contained herein,
together with all written agreements made or to be made, setting out or relating to the method and
manner of performing the work, or to the quantities and qualities of materials and labor to be
furnished under the Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications,
setting forth conditions peculiar to the project under consideration. In case of any discrepancy
between the Standard Specifications and the Special Provisions, the Special Provisions are to govern.
1.18 "Supplemental Agreement" - A written agreement between the Contractor and the
City Engineer, covering alterations and unforeseen work incidental to the project.
1.19 "Contract" - The written agreement covering the performance of the work and the
furnishing of labor and materials in the proposed construction. The contract shall include the
"Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and
Material Bond" also any and all "Supplemental Agreements" required to complete the work in a
substantial and acceptable manner.
1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and
the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of
the Contract.
1.21 "Payment Bond" - The security furnished by the contractor and the surety as to
guaranty that the contractor will pay a claimant. A claimant is defined as any person supplying the
Principal with labor, material and supplies, used directly or indirectly by the said Principal or any
subcontractor in the prosecution of the work provided for in said Contract, and is further defined in
Section 255.05(1) of the Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans
or in the Proposal as contemplated improvement.
1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the
information as to his ability to perform the work, his experience in similar work, and his financial
condition as related to his ability to finance the work.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
27
Section 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2,1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact
that the estimate of quantities of all work to be done and materials to be furnished under the
Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only
as a basis of calculation upon which the award of the Contract is to be made. The City does not
assume any responsibility that the final quantities shall remain in strict accordance with estimated
quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate
of quantities or of the character, location of the work or other conditions pertaining thereto.
2.2 Examination of Plans. Specifications, Special Provisions. and Site of Work - The
Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and
Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work
to be performed and materials to be furnished and as to the requirements of these Specifications,
Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be
considered prima facie evidence that the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All
blank specifications for which quantities are shown must be filled in ink, in both words and figures
with the unit price for the item for which the proposal is made. The bidder shall also state the time
in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is
made by an individual in his own proper person or under a trade or firm name, he shall execute the
same under his individual trade or firm name, he shall execute the same under his individual
signature and his post office address shall be shown. If made by a copartnership the proposal shall
be executed for the copartnership, by setting out in full the names of the partners and the firm name
of the partnership, if any, and signed by one or more of the partners, and the post office address of
each of the partners shall be shown. If made by a corporation, the proposal shall be executed by
setting out the corporate name in full, followed by a statement that it is incorporated and existing
under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and
permitted to transact business in this State, and signed by its President, or other authorized corporate
officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal
place of business shall be shown.
2.4 Rejection of Irre~ular Proposals - Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations of form, additions not called for, conditions,
unauthorized alternate bids, or irregularities of any kind.
2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless
accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to
Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
28
2,6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which
shall be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the
above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing
Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail,
it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the
date and hour stated in the "Notice to Contractors."
2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the
Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or
unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids.
Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety
by the City.
2,8 Openinl: of Proposals - Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2,9 Disqualification of Bidders - Only one Proposal from an individual, firm, partnership,
or corporation, under the same or different names, will be considered. Should it appear to the Board
that any bidder is interested in more than one Proposal for the work contemplated all Proposals in
which such Bidder is interested will be rejected.
The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled
all bills due for labor and material on former contracts with the City or contracts with the same in
force at the time of receiving bids.
2,10 Competency of Bidders - Bidders must be capable of performing the various items
of work bid upon. They shall furnish a statement covering experience on similar work, a list of
machinery, plant, and other equipment available for the proposed work, and shall Furnish statements
of their financial resources as requested in the Questionnaire. If the available evidence of
competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be
rejected.
2,11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to
furnish a complete statement of the origin, composition, and manufacture of any and all materials
to be used in the work, together with samples, which samples may be subjected to the tests provided
for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries
shall be equal in all respects to the samples submitted.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
29
Section 3
AWARD AND EXECUTION OF CONTRACT
3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and
read, the correct summation of the products of the approximate quantities shown in the Proposal, by
the unit bid prices, will be considered the bid. The amounts will then be compared and the results
of such comparison will be available to the public. Until the final award of the Contract, however,
the right will be reserved to reject any or all Proposals and to waive technical errors as may be
deemed best for the interests of the City.
3,2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest
responsible Bidder whose Proposal shall comply with all the requirements necessary to render it
formal. The award, if made, will be within ninety (90) days after the opening of the Proposals, but
in no case will an award be made until all necessary investigations are made as to the responsibility
of the Bidder to whom it is proposed to award the Contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately
following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be
returned within ten (10) days following the award of Contract, except that of the successful Bidder,
which will be returned after a satisfactory Bond has been furnished and the Contract has been
executed unless surety is forfeited because of bid withdrawal.
3.4 Contract Bond Required - The successful Bidder entering into a Contract for any
portion of the work will be required to give the City Surety in a sum equal to the amount of the
Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be
acceptable to the City, and executed on the form furnished.
In case of default on the part of the Contractor, actions for all expenses incident to
ascertaining and collecting losses under the bond, including both Engineering and Legal services,
shall lie against the bond.
3,5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract
has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract
with the City, and return them to the City Engineer. No proposal will be considered binding upon
the City until the execution of this Contract.
3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond
as provided herein within ten (10) days from date of award shall be just cause for the annulment of
the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation
of damages sustained. Award may then be made to the next lowest responsible Bidder or the work
may be re-advertised or may be constructed by day labor, as the City may decide.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
30
3,7 Evidence of Authority - Before a Contract is executed the Bidder will be required to
furnish certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to
execute such documents, and of the companies bound thereby to do business in the State of Florida.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
31
Section 4
SCOPE OF THE WORK
4,1 Intent of Plans and Specifications - The intent is to prescribe a complete work of
improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated
in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary
to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a
substantial and acceptable manners, and when completed, shall remove all surplus and discarded
material and equipment and leave the site of the Work in a neat, acceptable and finished condition.
He shall furnish, unless otherwise provided in "Special Provisions," al implements, machinery,
equipment, transportation, tools, materials, supplies, labor, and other things necessary to the
prosecution and completion of the Work.
He shall maintain the finished Work until its formal acceptance by the City, as herein
provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in
full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract.
4.2 Special Work - Proposed construction or requirements not covered by these
Specifications will be covered by "Special Provisions" and performed or complied with by the
Contractor.
4,3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer
to make from time to time such alterations in the Plans or in the character of the work as may be
considered necessary or desirable to complete fully and perfectly the proposed construction and such
alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any
of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of
the quantity of work to be performed, and should added or eliminated work be of the same character
as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit
Price for the actual quantities of the work done. Should an alteration be a change in the character
of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer
before such work is begun, shall be added to or deducted from the Contract Price, as the case may
be. No allowance will be made for anticipated profits.
4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no
quantity and price included in the Contract, whenever it is deemed necessary or desirable to
complete fully the Work as contemplated, and such extra work shall be performed in accordance
with the Specifications and/or as directed; provided, however, that before any "Extra Work" is
started a "Supplemental Agreement shall be signed by both contracting parties, or a written order
from the Engineer to do the Work on a "Force Account" Basis given the Contractor.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
32
4,5 Removal and Disposal of Structure and Obstructions - The Contractor will remove
all obstructions that may come in the way of the contemplated improvements, such as pavements,
sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other
obstructions encountered either above or below the surface of the ground and dispose of them in
such manner as the Engineer may direct.
All work prescribed and involved under this heading shall be considered as incidental to and
included in the unit price bid for the particular Work in which it is involved and no additional
payment will be made therefore unless otherwise specifically provided in the Special Provisions.
4.6 Ri2hts in and Use of Materials Found on the Work - The Contractor, with the
approval of the Engineer, may use in the proposed construction such sand or other material suitable
in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation
of such material at the corresponding contract unit price therefore, but he shall replace at his own
expense with other suitable material all of that portion of the material so removed and used as was
contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials
so used will be made against the Contractor except the replacement herein provided for. The
Contractor shall not excavate or remove any material which is not within the excavation, as
indicated, without written authorization from the Engineer. Materials in old structures removed by
the Contractor to allow the construction of new structures, and not needed by the City" may be used
by the Contractor during construction. Such materials are the property of the City and shall not be
cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the
Contractor as directed by the Engineer.
BID NO: 30-99/00
DATE: 10/25199
CITY OF MIAMI BEACH
33
Section 5
CONTROL OF THE WORK
5,1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties
hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature,
which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment
of this Contract, and as to the character, quality, amount, and value of any work done, and materials
furnished, under or by reason of this Contract, and his estimates and decisions upon all claims,
questions, and disputes shall be final and conclusive upon the parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working drawings as are
necessary to adequately control the Work. It is mutually agreed that all authorized alterations
affecting the requirements and information given on the approved plans shall be in writing. No
changes shall be made of any plan or drawing after the same has been approved by the Engineer,
except by direction of the Engineer.
Working Drawings for any structure shall consist of such detailed plans as may be required
for the prosecution of the work and are not included in the Plans furnished by the Engineer. They
shall include shop details, erection plans, masonry layout diagrams and bending diagrams for
reinforcing steel, approval of which by the Engineer must be obtained before any work involving
these plans shall be performed. Plans for cribs, cofferdams, falsework, centering, and form work
may also be required, and in such cases shall be likewise subject to approval unless approval be
waived by the Engineer.
It is understood, however, that approval by the Engineer of the Contractor's working
drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and
details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor
shall be responsible for agreement and conformity of his working drawings with the approved Plans
and Specifications.
The Contract price shall include the cost of furnishing all working drawings and the
Contractor will be allowed no extra compensation for such drawings.
5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases
shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any
such deviations from the approved Plans and working drawings as may be required by the exigencies
of construction will in all cases be determined by the Engineer and authorized in writing.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
34
5.4 Coordination of Plans. Specifications. and Special Provisions - These Specifications,
the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract
and a requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe and provide for a complete Work. In case of discrepancy, figured
dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special
Provisions shall govern over both Specifications and Plans.
5,5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Work at all times,
one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the
constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer
and with other contractors in every way possible. The Contractor shall at all times have a competent
English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and
Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his
authorized representatives. The Superintendent shall have full authority to execute the orders or
directions of the Engineer without delay and to promptly supply such materials, tools, plant,
equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the
amount of work sublet.
5,6 Inspectors - Inspectors employed by the Engineer 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 of $150.00 per diem each, and the cost of same charged to the
Contractor and deducted from the final payment.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
35
5,7 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 defect be discovered, or obligate the City to final acceptance.
5,8 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 ofthe 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.
5.9 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.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
36
Section 6
CONTROL OF MATERIALS
6,1 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 6.2. 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.
6.2 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.
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.
6,3 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.
6,4 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 ofthe 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.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
37
Section 7
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all
Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance
with them. He shall indemnify and hold harmless the City, the Architects and all of its officers
agents, and servants against any claims or liability arising from, or based on, the violation of any
such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees.
7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a
requirement of many construction contracts that exceed $1,000,000.00.
7.1.2 PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crimes may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for
a period of36 months from the date of being placed on the convicted vendor
list.
7.1.3 VENDOR APPLICATION
Prospective bidders should register with the City of Miami Beach
Procurement Division; this will facilitate their receipt of future notices of
solicitations when they are issued. The successful bidder(s) must register
prior to award; failure to register will result in the rejection of their bid.
Potential bidders may contact the Procurement Division at (305) 673-7490
to request an application.
Registration requires that a business entity complete a vendor application and
submit an annual administrative fee of $20.00. The following documents are
required:
1. Vendor registration form
2. Commodity code listing
3. Articles of Incorporation - Copy of Certification page
4. Copy of Business or Occupational License
It is the responsibility of the bidder to inform the City concerning any
changes, such as new address, telephone number, or commodities.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
38
7,2 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.
7.3 Patented Devices. Materials, and Processes - It is mutually understood and agreed that
without exception contract prices are to include all royalties and costs arising from patents,
trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the
Contractor is required or desires to use any design, device, material, or process covered by letters,
patent or copyright, the right for such use shall be provided for by suitable legal agreement with the
patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether
or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall
indemnify and save harmless the City from any and all claims for infringement by reason of the use
of any such patented design, device, material, or process, to be performed under the Contract, and
shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay,
by reason of any such infringement, at any time during the prosecution or after completion of the
Work.
7.4 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 ofthe 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.
7.5 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.
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.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
39
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.
7,6 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.
7.7 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.
7.8 Closina: 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.
7,9 Barricades. Warnina:s, and Detour Signs - The Contractor shall provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be
necessary. He shall place sufficient lights on and/or near the Work and keep them burning from
twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the
Work; provide all watchmen by day or night and take all other precautions that may be necessary;
shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and
equipment, and take all other precautions that may be necessary for the proper protection of the
Work and public convenience and safety.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour
signs at all closures, intersections, and along the detour routes, directing the traffic around the closed
portion or portions of the Work, so that the temporary detour route or routes shall be indicated
clearly throughout its or their entire length.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
40
7,10 Fire Hydrants. Gutters, Etc, - Fire hydrants on or adjacent to the Work shall be kept
accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten
(10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and
obstruction of sewer inlets, gutters, and ditches will not be permitted.
7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives
is not contemplated in the prosecution of this Contract, and in no case will their use be permitted
without the written permission of the City Engineer and a permit issued by the Chief of the Fire
Department.
Where such permission for the use of explosives is obtained the Contractor shall use the
utmost care so as not to endanger life or property, and whenever directed the number and size of the
charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage
places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of
competent watchmen.
7,12 Preservation of Property - The Contractor shall preserve from danger all property
along the line of Work, 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.
7,13 Responsibility for Dama2e. Etc, - The Contractor shall indemnify and save harmless
the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims
of any character, name, and description brought for, or on account of, any injuries or damages
received or sustained by any person, persons, or property by or from the said Contractor, or by, or
in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable
materials in the construction of the improvement, or by, or on account of any act of omission,
neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts
recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
41
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 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.
7,14 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.
7.15 Openine 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.
7,16 No Waiver of Leeal 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.
7.17 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.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
42
Section 8
PROSECUTION AND PROGRESS
8,1 Sublettine or Assienine Contracts - The Contractor will not be permitted to sublet,
assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title,
or interest therein to any individual, firm, or corporation without the written consent of the Board.
In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts.
No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability under
this Contract and Bond.
8.2 Progress of Work - It is understood and agreed that the Contractor shall commence
work not later than the time limit for beginning as set forth in the attached Proposal, and shall
provide an adequate force oflabor and equipment to prosecute the Work at as many different points
as may be deemed necessary by the Engineer so as to insure the completion of the same within the
time limit for completion as set forth in the attached Proposal or Contract, except that where the
Contractor has more than one uncompleted Contract with the City, he is not to commence another
Contract nor place materials on the streets thereof without the consent of the Engineer.
8,3 Limitations of Operations - The work is to be confined, at anyone time, to five
squares, 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.
8,4 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 ofthe Engineer.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
43
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.
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.
8,5 Temporary Suspension of Work - The City or Engineer shall have the authority to
suspend the Work wholly or in part for such period or periods as may be deemed necessary due to
unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the Work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the Contract. 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 the
written permission of the Engineer.
No allowance of any kind will be made for such suspension of work except an equivalent extension
of time for completion of the Contract.
8,6 Computation of Contract Time for Completion of the Work - Contractor shall
perform fully, entirely, and in accordance with these Specifications the Work contracted for within
specified time stated in the attached Proposal. In adjusting the contract time for the completion of
the Work, the length of time expressed in days, during which the prosecution of the Work has been
delayed in consequence of any suspension of work ordered by the Engineer, or omission of the
Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the
attached Proposal, all of which shall be determined by the Engineer, and whose determination shall
be binding and conclusive upon both parties to the Contract. If the satisfactory execution and
completion of the Contract shall require work or material in greater value than set forth in the
Contract, then the contract time shall be increased in the same ratio as the additional value bears to
the original value contracted for. No allowance shall be made for delay or suspension of the
prosecution of the Work due to fault or negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or postponement occasioned
by the precedence of other contracts which may be either let or executed before the execution of the
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
44
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.
8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is
to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with
proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed
within the time limit set forth in the attached Proposal, and it is understood and agreed that the time
limit for the completion of said Work is of the essence of the Contract, and should the Contractor
fail to complete the Work on or before the date specified it is agreed that for each calendar day that
any work shall remain uncompleted, after the time specified in the attached Proposal, with any
extension of time which may be allowed by the Engineer for the completion of the Work provided
for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the
following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as
liquidated damages and added expense for supervision on each Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3,2 of
Agreement
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.
8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract
within the time specified, or fails to perform the Work with sufficient workmen and equipment or
with sufficient materials to insure the prompt completion of said Work, or shall perform the Work
unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be
rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the
Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or
insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight
(48) hours, or shall make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in
writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and
if the Contractor, within a period often (10) days after such notice shall not proceed in accordance
therewith, then the Board shall upon written certificate from the Engineer of the fact of such delay,
neglect, or default and the Contractor's failure to comply with such notice, have full power and
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
45
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 so incurred by the Board
shall be less than the sum which would have been payable under the Contract if it had been
completed by said Contractor, then the said Contractor shall be entitled to receive the difference, and
in case such 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.
8.9 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 of these Specifications.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
46
Section 9
MEASUREMENT AND PAYMENT
9,1 Measurement of Ouantities - All work completed under this Contract shall be
measured by the Engineer, according to United States Standard Measures. All measurements shall
be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual
surface of the pavement. No allowance shall be made for surfaces laid over a greater area than
authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except
where such work is done upon written instructions of the Engineer.
9,2 Scope of Payments - It is understood and agreed that the Contractor shall receive and
accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor,
equipment, and tools, and for performing all the Work contemplated and embraced in the attached
Specifications and Proposal, also for all loss or damage arising out of the nature of the Work
aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which
may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter
provided for, and also for all risks of every description and all expenses incurred by or in
consequence of the suspension or discontinuance of the Work as herein provided for, or for any
infringement of patent, trademark, or copyright, and for the completion of the Work in accordance
with the Plans, Specifications, and Contract.
9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered
and performed, the Contractor shall accept payment in full at the Contract unit price for the actual
quantities of work done; no allowance will be made for anticipated profits; increased or decreased
work involving Supplemental Agreements shall be paid for as stipulated in such agreement.
9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be
performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will
be paid for in the following manner:
(a) For all labor, teams, and foremen in direct charge of the specified operations, the
Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting
such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to
which shall be added an amount equal to 15 percent of the sum thereof which shall be considered
as full compensation for general supervision and the furnishing and repairing of small tools and
ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the
above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment
Insurance, and Workmen's Compensation Insurance involved in such force account work, based on
the actual wages paid the said labor and foremen. No percentage will be added to the cost of such
taxes or insurance.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
47
(b) For all materials used the Contractor shall receive the actual cost of such materials,
delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on
the cost of such materials.
(c) For any special equipment or machinery, such as power driven rollers, tractors, trucks,
shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc.,
required for the economical performance of the work, the Engineer shall allow the Contractor a
reasonable rental price to be agreed upon in writing before such work is begun, for each and every
hour that said special equipment is in use on the work, to which sum no percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment in full
for Extra Work done on a force account basis.
The Contractor's representative and the Inspector shall compare records of extra work done
on a force account basis at the end of each day. Copies of these records shall be made in duplicate
upon a form provided for this purpose by the Inspector and signed by both the Inspector and the
Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized
representative, and to the Contractor. All claims for extra work done on a force account basis shall
be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall
be attached original receipted bills covering the costs of and the freight charges and hauling on all
materials used in such work, and such statements shall be submitted to the Engineer on the current
estimate of the month in which work was actually done.
9,5 Omitted Items - The City shall have the right to cancel the portions of the Contract
relating to the construction of any items therein by the payment to the Contractor of a fair and
equitable amount covering all items incurred prior to the date of cancellation or suspension of the
work by order of the Engineer.
9,6 Partial P80yments - If the Work progresses according to Contract, the Contractor will
be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by
the Contractor under these Specifications, when such materials have been delivered, inspected, and
payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the
Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per
cent of the amount due being reserved until a final settlement after the completion of the Work.
It is understood and agreed that the City may also deduct from any estimate, either partial
or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams,
equipment and/or other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the final acceptance, or
should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the
completed Work, the estimate and payment for such defective or questioned work shall not be
allowed until the defect has been remedied and causes for doubt removed. The monthly payments
shall be approximate only, and all partial estimates and payments shall be subject to correction in
the final estimate and payment. If the total amount of the retained percentage of the Contract is
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
48
greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor
a portion of the suspended payment, provided that the City shall at all times retain an amount
sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied
claims.
9,7 Acceptance and Final Payment - Whenever the improvement provided for under this
Contract shall have been completely performed on the part of the Contractor, and all parts of the
Work have been approved by the Engineer according to the Contract, and all trash, debris,
equipment, and other things used in the construction removed from the site of the construction and
from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact
to the Board in writing, recommending the acceptance of the Work.
Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work
will be prepared by the Engineer as soon as the necessary measurements and computations can be
made all prior certificates or estimates upon which payments have been made being approximate
only and subject to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained
under the provisions of this Contract, will be paid to the Contractor within thirty(30) days after the
Final Estimate has been approved by the Board, provided that the Contractor has furnished to the
Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with
the Work done under this Contract. Upon this final payment the City is to be released from all
liability whatever growing out of this Contract.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
49
Section 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish
satisfactory evidence that he has complied with the Workmen's Compensation Act of the
State of Florida, and any amendments thereto, and all laws pertaining to the protection of
his employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check,
bank draft of any National or State bank, or Bid Bond payable to the order of the City of
Miami Beach executed by the bidder in the amount of not less than five (5%) percent of
the total bid shall accompany each proposal. The Performance and Payment Bonds shall
each be in the amount of one hundred (100%) percent of the contract price, submitted by
the successful bidder and placed through a Miami Beach agency where practicable.
10.3 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.
10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise
occasioned either directly or indirectly by the work provided for under the Specifications
herein, shall be assumed by the Contractor and the City Commission and all its officers,
agents, employees shall be indemnified and saved harmless therefrom.
10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to
become familiar with existing conditions at the site.
10.6 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.
10.7 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.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
50
MIAMI BEACH CONVENTION CENTER
ITEM DESCRIPTION: WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION
Technical Specifications: Remove and replace all 2" and less fire sprinkler pipe and fire sprinkler
heads.
Approximately 2610 heads + or (-) in the West Wrap and required
pIpmg.
General:
* Submit manufacturer's data, before any work is commenced.
* Contractor shall verify quantities required prior to bidding and fabricating.
* Coordinate exact routing and location of mains and branches with other trades and field conditions.
* All piping and materials shall be domestic manufactured.
* All required permits are to be gathered by the contractor.
Products:
PIPING
* Provide piping of the weight, size and type of pipe and fittings in accordance with the National Fire
Protection Association Pamphlets No. 13, 14 and 15. Use American Standard fitting for pressure
involved, but in no case less than 175 lbs. W.o.g. non-shock working pressure. All pipes and
fittings 2" and smaller shall be threaded Schedule 40-pipe.
* Flush all fire mains new and modified systems with clean water until clean and accepted in the
presence of the Engineer. Maintain a flow of7 feet per second velocity for a period oftime
consistent with the length of pipe to accomplish this flushing.
* Provide galvanized piping where exposed to weather.
* Hanger and Supports: Adjustable type sized in accordance with NFP A requirements.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
51
MIAMI BEACH CONVENTION CENTER
ITEM DESCRIPTION:
WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION
SLEEVES
* Install per NFP A regulations. In addition, the following items apply:
* Provide planed square ends projecting 2 inches above the floor for all sleeves through floors.
* Make sleeves passing through walls or beams flush with adjacent sides.
* Provide flashing for any sleeves passing through roof.
* Make sleeves watertight (where required) by caulking the space between the pipe and the sleeve
with UL approved fire sealant.
Caps and Plugs.
* Keep all openings closed during construction with cast-iron or malleable cap, plugs or blind
flanges.
Pipe Anchors,
* Provide anchors to support risers in order to maintain pipes in position and to properly regulate
expanSIOn.
A. Valves, Control Valves, approved OS&Y gate valve suitable for 1751bs. minimum working
pressure. Sizes 1-1/2" and larger are flanged type. Place valves is readily accessible
positions or with suitable means of access. Provide tamper proof trim with approved circuit
closer switch designed for 100 volt AC with two pairs of reversible contacts suitable for
operation with the alarm system. Provide pressure-reducing valve as required by system
pressure.
B. Deliver, As directed, a plastic laminated on solid backing directory of all valves, giving the
number, location and function of each valve. Where it is necessary to operate more than one
valve in order to control a section of the piping, this fact and number of the second valve is
to be noted on the directory.
C, Inspector's Test Connections, Provide for each individual automatic sprinkler system, one
test pipe and valve connections per NFPA 13, preferably piped from the end of the most
remote branch line. The discharge shall be at a point where it can readily observed. In
locations where is it not practical to terminate the test pipe outside the building, it shall
terminate into an approved drain capable of accepting full flow under system pressure. In
this event, the test connection should be made using an approved sight glass test connection
per NFPA 13. The test valve should be located at an accessible point, and preferably not
over 7 feet above the floor or as required by applicable codes. The control valve on the test
connection shall be located at a point not exposed to freezing.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
52
EXECUTION
* Install system in accordance to NFP A No.13, "Standards for the Installation of Sprinkler Systems."
* All work to be done by experienced mechanics.
* Provide escutcheons on both sides of piping in partitions, ceiling and floors.
* Install piping in a manner to permit freedom of movement during expansion and contraction
operations, without causing warping, by the use of expansion joints, pipe loops, etc.
* Offset piping as necessary to avoid interference with other work and to maintain headroom.
* Provide proper drain and drip where necessary.
* Run all pipe in the most direct, straight mechanical manner and properly graded.
Identification, Identifying all piping, valves and specialties with Seton Co. pipe markers/valve tags.
TESTS
* Upon completion of the work, notify any local authorities having jurisdiction, proper insurance
authorities and the ArchitectlEngineer and arrange with them to have their authorized inspectors
in attendance with final job inspection and tests are conducted.
* Test all parts of the system hydrostatically at 200 psi for a minimum two-hour period in accordance
with NFPA pamphlets No. 13 and 24. Repair all defects and retest.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
53
Or'J)r:'L;~~CE l'iO. :i9-JL64
AN ORDii\.-\l'iCE OF THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA ESTABLISHING A "CONE
OF SILENCE" FOR CITY COMPETITIVE
BIDDlNG PROCESSES, B'{ AMENDlNG
CHAPTER 2 OF THE CODE OF THE CITY OF
MIAMI BEACH ENTITLED
"ADMINISTR;\. TION," BY AMENDING
ARTICLE VII THEREOF ENTITLED
"ST AL,"DARDS OF CONDUCT," BY CREATING
DIVISION 4 ENTITLED "PROCUREMENT,"
BY CREATING SECTION 2-486 ENTITLED
"CONE OF SILENCE" BY PROVIDING FOR A
DEFINITION, PROCEDURES, AND
PENAL TIES; PROVIDING FOR REPEALER,
SEVER-\.BILITY, INCLUSION IN THE CITY
CODE, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of r.,fiami Beach are desirous of
adopting a "Cone of Silence" procedure to protect the professional integrity of the City's
competitive bidding process by shielding the City's professional staff; and
\VHEREAS, the policy proposed herein recognizes the importance of requiring persons or
businesses who are part of the City's competitive processes to disclose all communications \\lith the
City's profession.al staff; and
VVHEREAS, communications between elected officials and the City's appointed staff during
a competitive bidding process should be in \"TIting so that it becomes a part of the public record; and
"VHEREAS, the proposed policy protects the rights of individuals to petition their
government and their elected officials; and
WHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the-
Sunshine Law.
NOW, THEREFORE. BE IT ORDAINED RY THE MAYOR A:'iD CITY
COMMISSIO~ OF THE CITY OF MIAMI BEACH:
SECTION I. Section 2-426. of Division -+ of Article VII of Chapter :2 of the Miami Beach City
Code is hereby creJted to read as follo'vvs:
Article VII. Standards of Conduct
*
*
Division..l. Procurement
Sec. 2-4S6. Cone of Silence
.L Cmcraccs t'or the provision of goods and services other than audit aft,] rndcpcnekm
PI": ,at.: Sec:or Inspector CCt'laal nrSrC) contracts.
fa) "Cone of Silence" is herebv defined to mean a prohibition on: (a) anv
communication regarding a particular Request for Proposal ("RFP"\ Request
for Oualifications ("RFO"). Request for Letters of Interest ("RFU"). or bid
bel:\veen a potential vendor. service provider. bidder. lobbvist. or consultant
and the City's professional staff including. but not limited to. the Citv
Manager and his or her staff: and (b) an...... communication regardin~ a
panicular RFP. RFO. RFLI. or bid betvleen the Mavor. City Commissioners.
or their respective staffs. and anv member of the City's professional staff
including. but not limited to. the City Mana~er and his or her staff.
Notwithstandina the foreaoina the Cone of Silence shall not a 6- SG
competitive processes for the a\-vard of CDBG. HOME. SHIP and Surta'(
Funds administered bv the Miami Beach Office ofCommunirv Development.
and communications with the City Attornev and his or her staff.
(b) Procedure
ill A Cone of Silence shall be imposed UDon each RFP. RFO. RFLI. and
bid after the advertisement of said RFP. RFO. RFLI. or bid. At the
time of imposition of the Cone of Silence. the City Manager or his or
her desiQ'nee shalI provide for oublic notice of the Cone of Silence.
The Citv ManaQ'er shall include in an\( oublic solicitation for goods
and services a statement disclosin~ the requirements of this
ordinance.
@ The Cone of Silence shall terminate a) at the time the Citv Manager
makes his or her \-\IT'itten recommendation as to selection of a -
"1
. I Drn Drn '"'~" ,', , _. ._
r,"lrtT.'T~.:::- ".,' i ,!\,' J, I\-C 1_1. ill. 1;lll ell file 1.l(V l_ornmISSlon: Drovided
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ho\.vever, th~t if the Cit,,( Commission refers the iVLJna~erj
rectlf1lmendatlon back [0 the (itv :\rand~er or staff for tlIrther review.
[he Cone of Silence "h,111 he reimposed until such time as the
\/hna~cr makes;], subsequent \\Tirren recommendation. or b) in the
event at' contracts tor less than '51 a.aaa.an. when the (itv iVranager
executes the contrJ.cL
!-:\ E\ceotions The Drnvisions ot' this nrdin<1nce shall not armlv to oral
c,~mmunications at ore-bid conterences, oral oresentations bdore 3..::..:criotr
evaluation commirrees, concract n":..,vti:uiol'l3 discussions during an\." du/v
noticed oublic meeting. oublic oresenrations made to the City Commissioners
durin~ Jnv dulv noticed public meetin~. contro.ct negotiations with Cit,... staff
r~)l!o\.ving the J\vard ofan RFP. RFO. RFU. or bid bv the City Commission.
or communications in \."Titing at any time \vith anv City emp!ovee. official or
member of the City Commission. unless soecificallv prohibited bv the
aooficable RFP. RFO. RFlL or bid documents. The bidder or proposer shaIl
tile J COPy of anv \.vTinen communic~tions with the CitV' Clerk. The Cin;
Clerk shall make copies available to anv oerson unon request.
.,
.-\ udi [ ::nd ::-'S r G C oncracts.
III "Cone of Silence" is hereby defined to mean a orohibition on: (a) anv
communications re?arding a oarricujJr RFP. RFO. RFU. or bid between a
potencial vendor. service orovider. bidder. !obbvist. or consultant and the
Mayor. Cirv- Commissioners or their respective staffs. and anv member of the
Citv's orofessional staff including. bur not limited to the City Manager and
his or her staff and (b) anv oral communication regarding a particular RFP.
RFO. RFU. or bid benveen the Mayor. Citv Commissioners or their
resoective staffs and any member of the Citv's orafessional statfincluding,
but not limited ta. the Citv. Manager and his or her staff. Notv"ithstandingjb~
l~Jr;:~oing. me lone of Silence shall not aDDlv to communications \vith the
Citv Arrornev and his ar her staff.
.Ch..! Exceot as oravided in subsections 2(c) and 2(d) hereof a Cone of Silence
shall be imoosed uoon each RFP. RFO. RFU. or bid for audit and rrsrc
services after the advertisement of said RFP. RFO. RFLL or bid. At the time
of the imposition of the Cone of Silence. the Citv Mana~er or his or her
designee shall orovide tl.Jr the oubiic notice or-the Cone of Silence. The Cone
of Silence shall terminate \".-11<:,1 :11.:: C it'.' :. Llf:a4cr '::.{Ccut'::3 J. particulc.r audi:
i):' rrsrc C.:[,LaeE a) at the time the CitY" Manager makes his or her \.'./Titren
recommendation as to the selection of a particular RFP. RFO. RFU. or bid
co the Citv Commission: provided. however. that if the Citv Commission
refers the Manager's recommendation back to the City Manager or staff fo~
further review. the Cone of Silence shall he reimposed until such time as the
\i(anager makes a subsequent ""Titten recommendation. or b) or in the eVent
of contracts for less than $1 0.000 no. when the Citv Mana!!er executes the
cnntr:J.ct.
~ \il1thrn<; contained herein shall prohihit anv hidder or pro DOser: Iii from
mJkin~ Dublic oresentations il( dulv noticed pre-hid conferences or before
duh- noticed scL:...tion evaluation committee meetinqs: (ii) from en!la~inq in
contract ;:;-::;,Jt:Jti')113 discussions durin~ anv dulv noticed public meetin~: (iii)
from en(:IJg-inq in contract neaotiations ""ith Cit\( staff following: the award of
:In RFP RFO RFU. or bid for audit bv the City Commission:or {ivl from
communIcating: in "'lriting "'lith anv Cir\" emplovee or official for ourposes of
seekin~ clarificiltion or additional inf(mnation from the City or resoonding
tel the Cirv's reouest for clarificuion or additional information. subiect (0 the
pro\-isions or-the aDolicable RFP. RFO. RFU. or hid documents. The bidder
or oroooser shall tile ~ co')'! <Jt' :11,"- '.\'r;r::e:: ccmmur;iC::Hion.vith the Cir.
Clerk. The Citv Clerk shall make cODies available to the general oublic UlJOn
request.
@ ~othin!J contained herein shall prohibit any lobbvist. bidder. orolJoser. or
other o~rson or emitv from lJubliclv addressing- the Cirv Commissioners
during an\" dulv noticed lJublic meetinf? regarding action on anv audit e1'
fP5fG Contract. The Cirv Manager shall include in anv public solicitation for
auditin~ or IrSIC services a statement disclosin!? the requirements of this
ordinance.
3_ Violations/Penalties and Procedures. IF. addition to the pCflaltic3 pro\-idcG. in Section.
~ An alleged viOlation of this Section ~ bv a particular bidder or DrolJOse:-
shall subiect said bidder or proposer to the same procedures set forth in Sections
2-457(1) and (3), shall render any RFP award. RFO award. RFU aVlard. or bid award
to said bidder or oroooser voidfrbfe. and said bidder or proposer shall not be
considered for anv RFP, RFO. RFLI or bid for a contract for the provision of goods
or services for a period of one vear. Anv DerSon "vho violates a provision of this
ordinance shall be orohibited from sen.'ing on a Cirv compctiti-\'c K~C~:>'-:' evahlatiOT1
commirree. . In addition to anv other Denaltv lJrovided bv law. violation of anv
rJrovisinn "f ;h;c:')":::ii:;::l:c~ 0', J. Cie-. -:mDlove::: snaU suoect sard emOlo','ee [0
disciDlinarv action UD to and including dismissal. .-\dditionallv. anv oerson who has
personal knowledge of a violation of this ordinance shall reDort such violation to the
State Attomev .lnd/or mav file a comD!ainr with the Miami-Dade Counr\' Ethics
Commission.
4-
SECTION 2. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVER-\BrLfTY.
If any section, subsection. clause or provision of this Ordinance is held invalid. the remainder
shaIl not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and
it is hereby ordained that the provisions of this ordinance shall become and be made a pan of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention. and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shaIl take effect on the 16th day of January
,1999.
PASSED and ADOPTED this 6th day of January
,1999.
Ukuif- fcucL-
.0;/1
/If/I
MAYOR
ATTEST:
CITY CLERK
~. .~l":'la.n'.,. I),IUlS.\."C.~(.'t)'[.~,-.",.I'U
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1st reading 12/16/98
2nd reading 1/6/99
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