Contract Award with Tower GroupCONTRACT
00600. CONTRACT
CONTRACT
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//;//7 _ 7_
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and Tower Group.
Inc.. hereinafter referred to as CONTRACTOR.
W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor,
materials, equipment, supervision, mobilization, demobilization, survey, services and
incidentals necessary to perform and complete the work to the full intent as shown or
indicated in/on the Contract Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR'S submission to CITY of all
required documents (including but limited to: Payment and Performance Bonds,
and Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the schedule duration as stated herein and acceptance and approval
of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization
Plan, Safety & Health Manual, Quality Control Manual, Risk
Management Plan, Schedule of Values, and attendance at the Pre -
Construction Conference to review general administrative requirements;
and to review in detail the Scope of Work and CONTRACTOR'S "Base
Line" Project Schedule is a condition precedent to the issuance of the
Second Notice to Proceed to mobilize on the Project Site and commence
with the physical construction of the Work.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 73
The CONTRACTOR shall submit and have approved by the PROGRAM
MANAGER all necessary documents required by this provision prior to
the issuance of the second Notice to Proceed as set forth below:
Submittal Description
To be Submitted by "Contract 2nd.NTP
Contractor along Award" (Contract
with the Executed Award Plus
Contract Documents lst. NTP 30 -days)
Remarks
Bid Bond With Bid
Pre -Construction Conference
List of Deliverables (1) X
Performance Bond X
Payment Bond X
Certificates of Insurance 1 X
Contractor's License 1 X
Risk Management Plan - Final X
Mobilizaton Plan - Draft X
Project Schedule - Draft X
Quality Control Manual - Draft X
Safety & Health Manual - Draft X
Schedule of Values - Draft
Mobilizaton Plan - Final
Project Schedule - Base Line
Quality Control Manual - Final
Safety & Health Manual - Final
Schedule of Values - Final
+ 30 -days X
+ 21 -days
+ 21 -days
+ 21 -days
+ 21 -days
+ 21 -days
+21- days
Construction NTP X
Notes:
(1) The list of deliverables is a detailed listing, with the due date, of those
documents to be submitted to the City by the Contractor as specified in the
Contract documents. It includes the submittals mentioned above and other
documents such as, "Request for Substantial Completion" etc. so that it is
essential that the Contract documents are read in their entirety before submitting
the "List of Deliverables."
* For the purposes of this schedule, the term "Contract Award" shall be the last date of
execution of the Contract by both parties.
** For the purposes of this schedule, the reference to "Day" or "Days" shall refer to
calendar days.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 74
2.2 Time is of the essence throughout this Contract. This Project shall be
substantially completed within four -hundred sixty-nine (469) calendar days
from the issuance of the second Notice to Proceed, and completed and ready for
final payment in accordance with Article 5 within SIXTY (60) calendar days from
the date certified by CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of TWO THOUSAND DOLLARS ($2,000.00) for each
calendar day after the time specified in Section 2.2 above, plus any approved
time extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining work within the time specified in
section 2.2 above, plus approved time extensions thereof, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of TWO
THOUSAND DOLLARS ($2,000.00) for each calendar day after the time
specified in Section 2.2 above, plus any approved extensions, for completion and
readiness for final payment. These amounts are not penalties but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of
the Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above -stated liquidated damages shall apply separately to each "Mile
Stone" portion of the Project for which a time for completion is given:
Pile Caps & Grade Beams Complete within seventy-five (75) calendar days
from issuance of second Notice to Proceed.
All Structural Components Complete within two -hundred eighty-five (285)
calendars days from issuance of second Notice to Proceed.
Parking Garage Substantial Completion within four -hundred nineteen (419)
calendar days from issuance of second Notice to Proceed.
Office Complex Substantial Completion by within four -hundred (469) calendar
days from issuance of second Notice to Proceed.
Project Final Completion within five -hundred twenty-nine (529) calendar days
from issuance of second Notice to Proceed.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 75
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 76
[]
ARTICLE 3
THE CONTRACT SUM
This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[X] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 77
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR shall submit at the end of each and every month an Application
for Payment for work completed during the current month.
4.1.1 CONTRACTOR shall submit to the PROGRAM MANAGER a draft pay
application for his review. The PROGRAM MANAGER and
CONSULTANT shall review the draft application with CONTRACTOR
and resolve any differences prior to submitting the months formal pay
application.
4.1.2 PROGRAM MANAGER and CONSULTANT shall make every effort to
ensure that each pay application is reviewed and a recommendation to
OWNER is completed within five (5) working days from receiving a
complete, correct pay application that is properly executed.
4.1.3 OWNER shall upon receipt of a written recommendation for payment
from PROGRAM MANAGER ensure payment to CONTRACTOR within
thirty (30) days. (Check with respect to "Prompt Payment Act")
CONTRACTOR'S application shall be in the format approved prior to the Second
Notice to Proceed. Each application shall provide supporting evidence as may be
required by CONSULTANT. CONTRACTOR shall include, but same shall be
limited to, at Consultant's discretion, with each Application for Payment, an
updated progress schedule, with a copy of a current "Errors Report" identifying
no errors, acceptable to CONSULTANT, as required by the Contract Documents
and a release of liens and consent of surety relative to the work which is the
subject of the Application. Each Application for Payment shall be submitted in
triplicate to CONSULTANT for approval. CITY shall make payment to
CONTRACTOR within thirty (30) days after approval by CONSULTANT of
CONTRACTOR'S Application for Payment and submission of an acceptable
updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 78
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR'S performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages.
4.3.6 Costs incurred by CONSULTANT for extended construction
administration.
4.3.7 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When all of the above grounds are removed and or resolved satisfactory to the
Contract Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as -built drawings; and the final bill of materials, if required, and
invoice.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 79
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 80
CONTRACTOR acknowledges that it is an independent contractor under this
Contract. Services provided by CONTRACTOR pursuant to this Contract shall
be subject to the supervision of CONTRACTOR. In providing such services,
neither CONTRACTOR nor its agents shall act as officers, employees, or agents
of the CITY. This Contract shall not constitute or make the parties a partnership
or joint venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
CIP Department
777 17 Street, Suite 201
Miami Beach. Florida 33139
Attn: Jorge Chartrand. CIP Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
BID NO: 34-06/07
Stephen Baumal
Program Manager
URS Corporation
7650 Corporate Center Drive.
Suite 401
Miami. Florida 33126-2665
CITY OF MIAMI BEACH
DATE: 06/19/07 81
Mr. Carlos Aravin.
The Tower Grout). Inc.
405 SW 148 Avenue. Ste. One
Davie. Florida 33325
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 82
lie in Miami -Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 83
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
,-- year first above written.
AT'if EST:
dity Clerk
THE CITY OF MIA BEAC
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
L6.
(Secretary)
(Corporate Seal)
[If not incorporated sign below.]
WITNESSES:
By:
By:
CONTRACTOR
(Signa
CAZIOS ir . F•
(Print Name and Title)
Tµ
day of 20 07.
poration)
APPROVED AS TO
FORM & LANGUAGE
&FOR CUTION
CONTRACTOR
(Name of Firm)
(Signature)
(Print Name and Title)
day of
, 20
CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 84
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 85
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
, 20 , with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; an
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 86
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials fumished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion Tess the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, Tess
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this day of , 20
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 87
WITNESSES:
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
FORM OF PERFORMANCE BOND
(Continued)
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 88
00720. FORM OF PAYMENT BOND
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
, 20 , with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 89
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this day of , 20
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 90
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attomey-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 91
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
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/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this day of
, 20
My commission expires:
by
Notary Public, State of
Bonded
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 92
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
We hereby authorize you to draw on
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and (contractor),
pursuant to the (applicant, customer) Bid/Contract No.
for (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 93
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year
each unless we provide the City of Miami Beach with written notice of our intent
to terminate the credit herein extended, which notice must be provided at least
thirty (30) days prior to the expiration date of the original term hereof or any
renewed one (1) year term. Notification to the CITY that this Letter of Credit will
expire prior to performance of the contractors obligations will be deemed a
default.
This Letter of Credit sets forth in full the terms of our undertaking, and such
undertaking shall not in any way be modified, or amplified by reference to any
documents, instrument, or agreement referred to herein or to which this Letter of
Credit is referred or this Letter of Credit relates, and any such reference shall not
be deemed to incorporate herein by reference any document, instrument, or
agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts
drawn under and in compliance with the terms of this credit that such drafts will
be duly honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the
Final Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No.
500 and to the provisions of Florida law. If a conflict between the Uniform
Customs and Practice for Documentary Credits and Florida law should arise,
Florida law shall prevail. If a conflict between the law of another state or country
and Florida law should arise, Florida law shall prevail.
Authorized Signature
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 94
COMMISSION MEMO
CA MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: M- +avid De - and Members of the City Commission
FROM: r e M. Gonzalez, % ity Manager
DATE: November 21, 2007
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
APPROPRIATION OF FUNDS, IN THE AMOUNT OF $7,868,861 (WITH
$6,606,111, FROM PARKING IMPACT FEES, FUND 155, AND $1,262,750
FROM PARKING OPERATIONS FUND 480, WITH THE BALANCE OF THE
FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDING
FROM FUNDS 480, 155, AND 365 IN THE FISCAL YEAR (FY) 2006-2007
CAPITAL BUDGET), AND AWARDING A CONTRACT TO THE TOWER
GROUP, PURSUANT TO INVITATION TO BID (ITB) NO. 34-06/07, FOR
THE MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 03 -
GARAGE & OFFICE BUILDING COMPLEX IN THE AMOUNT OF
$26,769,000.
Attached please find copies of the Commission Item Summary, Commission Memorandum,
and Resolution that was deferred at the October 17, 2007 City Commission meeting. The
Administration's recommendation to approve and authorize the appropriation of funds, and
award a contract to The Tower Group, remains unchanged.
Also attached are copies of the City's response to protests filed by Team Contracting, Inc.
and MCM Corporation. Accordingly, the Administration and the Office of the City Attorney
reviewed the issues raised in the protests letters, responded to said issues, and denied
same for the reasons set forth in the attached letters.
It is important to note that pursuant to Section 2-371(e) of the Miami Beach City Code (the
"Code"); the parties to a protest shall be bound by the determination of the City Manager and
City Attorney with respect to an issue of responsiveness. The appeal procedures are set
forth in Section 2-371(f) of the Code (and are again set forth in the following paragraph
below).
MCM and Team Contracting may appeal my decision by filing an original action in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, in accordance
with the applicable court rules.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize
the appropriation of funds, and award a contract to The Tower Group, as outlined in the
October 17, 2007 Commission Memorandum and Resolution.
T:\AG ENDA\2007\nov0707\Regular\ParkingFacilityMemo.doc
Agenda Item p `l C
Date 11--21-07
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing the appropriation of funds in the amount of $ 7,868,861; and the
request for approval to award a contract to The Tower Group, pursuant to Invitation To Bid (ITB) No. 34-06/07,
for the Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office Building Complex in the
amount of $26,769,000.
Key Intended Outcome Supported:
Ensure well designed quality capital projects.
Supporting Data (Surveys, Environmental Scan, etc.): Available parking is ranked #5 by residents as one
of the changes that will make Miami Beach a better place to live, work, play or visit; 77% of residents rated
availability of parking across Miami Beach as too little or much too little.
Issue:
I Should the City Commission adopt the Resolution?
Item Summary/Recommendation:
The project includes a 32,000 square foot liner office building fronting Meridian Avenue, and the number of
parking spaces increased to approximately six hundred and fifty (650). To minimize the impact to the project
schedule, the City, in coordination with the Program Manager, developed a construction phasing plan. This
phased approach also allowed the additional design and permitting activities associated with the structure to be
finalized at the same time that the earlier phases were In construction. The construction of the facility was
phased as follows: A) Construction Fencing & Selective Demolition. B) Piling and Retaining Walls. C)
Underground Utilities and Remaining Demolition. D) Structure and Site Improvements. E) Tenant Build -Out.
The demolition phase was awarded to Tran Construction, Inc., a Job Order Contract (JOC) Contractor, with
funding previously appropriated in the Fiscal Year 2006-07 Capital Budget. This work encompassed the
clearing of the site to prepare it for the installation of the pilings and has been completed. The piling and
retaining walls phase work was awarded to Ebsary Foundation and has been completed. The work for the
underground utilities phase, was awarded to Solo Construction Corporation, and is currently in construction. It
Is expected that the utility work will be completed by December 2007.
The cost estimate submitted by the sub -consultant at the 90% design submittal totaled $16,444,333.This
estimate included the additional sixth and seventh parking levels. This estimate reflected adjustments to the
original cost estimate to account for the addition of the sixth and seven parking levels and adjustment factors
for the extraordinary escalating costs of concrete and steel driven by global demand conditions, as well as
normal inflation costs. Based on the bid results for the garage structure and the subsequent analysis by the
sub -consultant, It is now apparent that the original cost estimate and/or the material and construction
escalating cost factors may have been low. The bid results for the structure shown above fall within a tight
range, with only a variation of 11.8° between the high and low values. There is also only a 3.9% difference
between the two lowest bid values. These variations imply that the bid values are reflective of the current
market costs for a project of this magnitude. It is the intention of the Administration to, immediately after the
contract is awarded, to initiate a value engineering process with the successful bidder In order to lower the
project's construction cost.
$4,582,291 in South Beach Parking impact fees are anticipated to be repaid by RDA funds In the future, if and
when available.
Advisory Board Recommendation:
1 N/A
Financial Information:
Sour _ •T Amount Account
Fu 1 I $6,620,786 Parking Impact Fees, Fund 155
2 $1,248,075 Parking Operations Fund, Fund 480
Total $7,868,861 1
Fina clal Impact Summary:
City Clerk's Office Legislative Tracking:
Hiram G. Siaba
S
J
T:IAGEN
apartment Istant City Manager
or
TH
71ReaularUTB-3406-07 Sum .doc
MIAMIBEACH
61
Approved
City Manager
AGENDA ITEM R-7 D
DATE 10-1 7-07
1
- m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM: Jorge M. Gonzalez, City Manager
DATE: October 17, 2007
Mayor David Dermer and Members of the City Commission
b
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE APPROPRIATION OF FUNDS, IN THE
AMOUNT OF $7,868,861 (WITH $6,606,111, FROM PARKING
IMPACT FEES, FUND 155, AND $1,262,750 FROM PARKING
OPERATIONS FUND 480, WITH THE BALANCE OF THE
FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED
FUNDING FROM FUNDS 480,155, AND 365 IN THE FISCAL YEAR
(FY) 2006-2007 CAPITAL BUDGET) AND AWARDING A
CONTRACT TO THE TOWER GROUP, PURSUANT TO
,--- INVITATION TO BID (ITB) NO. 34-06/07, FOR THE
MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE
03 -GARAGE & OFFICE BUILDING COMPLEX IN THE AMOUNT
OF $26,769,000.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution and approve the award of Contract.
FUNDING
Funding for the Multipurpose Municipal Parking Facility (MMPF) is being appropriated via
this memo for the additional expected construction cost, and Art in Public Places and
construction management fees, in the total amount of $7,868,861 as follows: $6,606,111
from Parking Impact Fees, Fund 155, and $1,262,750 from Parking Operations Fund, Fund
480. The balance of the funding for this project has been previously appropriated in the FY
2006-2007 Capital Budget from Parking Operations Fund 480, Parking Impact Fees Fund
155 and City Center RDA Capital Fund 365.
As per Resolution 2006-26327, it is intended that the RDA funding will cover the cost of the
300 parking spaces in the MPPF associated with the New World Symphony SoundSpace
project (releasing an equivalent number of parking spaces at the 17th Street Parking
Garage) and the costs of providing additional parking with the sixth and seventh parking
levels that were added to the Multipurpose Municipal Parking Facility. This approach is
intended to save Parking Impact Fees for construction of additional facilities outside the
RDA.
There are a total of 651 parking spaces in the MMPF, at an average construction cost of
$32,439 per space. The RDA is funding 507 spaces which equals to a contribution of
$16,446,725 towards the overall project.
62
Commission Memorandum
Invitation to Bld (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility
Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX
October 17, 2007
Page 2 of 5
The remaining 144 spaces are to be funded from South Beach Impact Fees ($4,671,259).
The liner building construction cost (including the cost of associated Art in Public Places
(AIPP) fees and construction management (CM) fees), continues to be funded from Parking
Operations Funds ($8,664,918). It is anticipated that these funds will be recovered by rent
payments from the various City departments that will occupy the building. However, with the
recent adoption of the FY 2007-2008 Capital Budget, all FY 2007-2008 RDA funds have
been fully appropriated. Therefore, it is recommended that South Beach Parking Impact
Fees be advanced to cover the increased RDA share of the funding that will be reimbursed
from future RDA funds, if and when available. Parking Operations Funds are also being
increased to cover the full cost of the liner office building component within the Multipurpose
Municipal Parking Facility.
Total Project Construction Costs are:
Site Preparation and Demolition $ 334,454
BP1 Underground Utilities $ 983,500
BP2 Piling & Foundations $ 1,545,767
BP3 Structure and Building (Bid) $26.769.000
TOTAL $ 28,904,490
BP4 Tenant Build -out (TBD)
Value Engineering - (TBD)
ANALYSIS
On September 10, 2003, the Mayor and City Commission approved Resolution No. 2003-
25332, authorizing the execution of a Development Agreement between the City of Miami
Beach and the New World Symphony (NWS) for the development of a portion of the surface
parking lot, bounded by 17th Street to the North, North Lincoln Lane to the South,
Washington Avenue to the East and Pennsylvania Avenue to the West, for construction of
an approximately 50,000 square foot educational, performance and internet broadcast
facility with an exterior screen ("SoundSpace"), and an approximately 320 -space (+1-) public
parking garage facility.
In approving the execution of the Agreement, the Commission also directed that the
Administration proceed with developing a new Multi -Purpose Municipal Parking Facility
(MMPF) on the site of the existing City Hall surface lot. On April 14, 2004, the Mayor and
City Commission approved Resolution No. 2004-25543, authorizing the execution of an
agreement with the Architect, Perkins and Will (P+W), in an amount of $1,200,788, for the
provision of Planning, Architecture, Landscape Architecture, and Engineering Services
required to design the Multi -Purpose Municipal Parking Facility project.
Following completion of the project's Basis of Design Report (BODR), and subsequent
discussions with the community, the Administration, and the City Commission, the scope of
the project was expanded to include a 32,000 square foot liner office building fronting
Meridian Avenue, and the number of parking spaces increased to approximately six hundred
and fifty (650). To minimize the impact to the project schedule, the City, in coordination with
the Program Manager, developed a construction phasing plan. This phased approach also
allowed the additional design and permitting activities associated with the structure to be
finalized at the same time that the earlier phases were in construction.
The construction of the facility was phased as follows:
• Construction Fencing & Selective Demolition.
• Piling and Retaining Walls.
• Underground Utilities and Remaining Demolition.
63
Commission Memorandum
Invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility
Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX
October 17, 2007
Page 3 of 5
• Structure and Site Improvements.
• Tenant Build -Out.
The demolition phase was awarded to Tran Construction, Inc., a Job Order Contract (JOC)
Contractor, with funding previously appropriated in the Fiscal Year 2006-07 Capital Budget.
This work encompassed the clearing of the site to prepare it for the installation of the pilings
and has been completed. The piling and retaining walls phase work was awarded to Ebsary
Foundation and has been completed. The work for the underground utilities phase, was
awarded to Solo Construction Corporation, and is currently in construction. It is expected
that the utility work will be completed by December 2007. The current underground utility
installation does not conflict with the construction of the parking garage building.
ITB PROCESS
Invitation to Bid (ITB) No. 34-06/07 was issued on June 29, 2007. The ITB was downloaded
by 73 potential bidders registered with RFP Depot, and 49 potential bidders registered with
BidNet. On July 13, 2007, a pre -Bid submission meeting was held to provide all interested
contractors with information relative to the project and the City's bidding process. On August
20, 2007, the following three (3) bids were received for the garage and office building
complex.
The Tower Group $26,769,000
Team Contracting $27,824,000
MCM Group $29,950,000
In addition, The Tower Group was determined by the City's Best Value Procurement process
to the best bidder as well as the lowest bidder.
The ITB also had advertised the tenant build out as an additional alternate to the garage and
office complex. The build -out will be the last phase of the construction and, at this time, no
additional funding is being requested to construct this phase. This phase will be bid
separately in the future, when a more accurate estimate for the build -out phase can be
developed and once a valued engineered estimate for the constriction of the main structure
is established.
Attached are copies of the following documents relative to The Tower Group's experience
and qualifications:
1. List of Reference Projects;
2. Project Staffing Plan;
3. Resumes of Key Personnel;
4. Similar Projects Completed by Tower Group's Team;
5. Past Performance Evaluation Surveys;
6. Risk Assessment Plan;
7. State of Florida Certified General Contractor License; and
8. Miami -Dade County Occupational License.
The construction cost estimate submitted by the P+W sub -consultant at the 90% design
submittal totaled $16,444,333.This estimate included the additional sixth and seventh
parking levels. This estimate reflected adjustments to the original cost estimate to account
for the addition of the sixth and seven parking levels and adjustment factors for the
extraordinary escalating costs of concrete and steel driven by global demand conditions, as
well as normal inflation costs.
64
Commission Memorandum
invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility
Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX
October 17, 2007
Page 4 of 5
In subsequent analysis requested by staff, P+W's sub -consultant verified that the bid prices
are comparable to similar completed projects. Their follow up report showed an increase in
the cost per square foot not reflected in the adjustments previously applied by the sub
consultant to the original estimate. Applying a current estimate of $28,000 per space to the
garage portion (651 spaces) results in an estimate of $18 million. Applying a factor of $267
per square foot for the liner building component, results in an estimate of $ 8.5 million, for a
combined revised estimate of $26.8 Million for the project, which is comparable to the bids
received. The new construction estimate of $32,439 compared to the construction estimate
provided by the comparable buildings exceeds the construction cost of the MMPF by
approximately $2.9 million which is attributed to the high-end architectural features in the
elevations of the MMPF. These features are expected to be reviewed as part of the value
engineering.
Based on the bid results for the garage structure and the subsequent analysis by the P+Ws
sub -consultant, it is now apparent that the original cost estimate and/or the material and
construction escalating cost factors may have been low. The bid results for the structure
shown above fall within a tight range, with only a variation of 11.8% between the high and
low values. There is also only a 3.9% difference between the two lowest bid values. These
variations imply that the bid values are reflective of the current market costs for a project of
this magnitude.
It is the intention of the Administration to, immediately after the contract is awarded, to
initiate a value engineering process with the successful bidder in order to lower the project's
construction cost.
CITY'S COMMISSION STANDARD FOR REVIEW
Pursuant to Section 2-369 of the Miami Beach City Code, which was incorporated verbatim
in the ITB, the City Commission shall award the contract to the lowest and best bidder.
In determining the lowest and best bidder, in addition to price, the Commission shall
consider the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
The City Commission shall consider the City Manager's recommendation(s) and, may
approve or reject the City Manager's recommendation(s). In any case, the Mayor and City
Commission shall select and authorize negotiations with the bidder(s) which the Mayor and
Commission deem to be in the best interest of the City pursuant to the determination of
award criteria of lowest and best bid. The City Commission may also reject all bids
received.
The selection or approval by the City Commission shall not constitute a binding
contract between the City and the selected or approved bidder(s). A binding contract will
exist upon the completion of successful negotiations as determined by the Administration,
the City Attorney's Office form approving the contract or contracts, and the Mayor and City
65
Commission Memorandum
Invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility
Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX
October 17, 2007
Page 5 of 5
Clerk or their respective designees signing the contract(s) after the selected or approved
bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the
contracting parties.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve and authorize
the appropriation of funds In the amount of $7,868,861, with $6,606,111, from Parking
Impact Fees, Fund 155, and $1,262,750 from Parking Operations Fund 480, with the
balance of the funding available from previously appropriated funding from Funds 480, 155,
and 365 in the Fiscal Year 2006-2007 Capital Budget; and request for approval to award a
contract to The Tower Group, pursuant to Invitation to Bid (ITB) No. 34-06/07, for the
Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office Building Complex
in the Amount of $26,769,000. The South Beach Parking Impact Fees will be advanced to
cover the increased RDA share of the funding that will be reimbursed from future RDA
funds, if and when available.
TAAGENOM20071oct17071RegulaNTB-34-06-07-ParlcingStructure-Finaldoc
66
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE APPROPRIATION OF FUNDS, IN THE AMOUNT OF $7,868,861
(WITH $6,620,786 PARKING IMPACT FEES, FUND 155, AND $1,248,075
FROM PARKING OPERATIONS FUND 480, WITH THE BALANCE OF
THE FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED
FUNDING FROM FUNDS 480,155, AND 365 IN THE FISCAL YEAR (FY)
2006-2007 CAPITAL BUDGET), AND AWARDING A CONTRACT TO THE
TOWER GROUP, PURSUANT TO INVITATION TO BID (ITB) NO. 34-
06/07, FOR THE MULTIPURPOSE MUNICIPAL PARKING FACILITY BID
PACKAGE 03 -GARAGE & OFFICE BUILDING COMPLEX, IN THE
AMOUNT OF $26,769,000.
WHEREAS, on September 10th, 2003, the Mayor and City Commission approved
Resolution No. 2003-25332, authorizing the execution of a Development Agreement
between the City and the New World Symphony (NWS) for the development and
construction of an approximately 50,000 square foot educational, performance and Internet
broadcast facility with an exterior screen ("Soundspace"), and an approximately 320 -space
(+/-) public parking garage facility; and
WHEREAS, on June 29, 2007, the City issued Invitation to Bid No. 34-06/07 (the
ITB), forthe Multipurpose Municipal Parking Facility (MMPF) located west of City Hall; and
WHEREAS, Invitation to Bid No. 34-06/07 forthe Multipurpose Municipal Parking
Facility Bid Package 03- Garage and Office Building Complex (the ITB) was issued on
June 29, 2007; and
WHEREAS, on August 20, 2007, the following three (3) bids were received in
response to the ITB:
The Tower Group $26,769,000;
Team Contracting $27,824,000;
MCM Group $29,950,000; and
WHEREAS, following review of the bids by the City Administration, The Tower
Group was determined to be the lowest and best bidder; and
WHEREAS, it is the Administration's recommendation, pursuant to the
determination of award criteria of lowest and best bid, to award the contract for the
Invitation to Bid No. 34-06/07, forthe Multipurpose Municipal Parking Facility Bid Package
03 -Garage & Office Building Complex to the Tower Group; and
67
WHEREAS, it is recommended that South Beach Parking Impact Fees be
advanced to cover the increased RDA share of the funding that will be reimbursed from
future RDA funds, if and when available; and
WHEREAS, the Administration herein recommends that the City Commission
appropriate certain funding for the MMPF Project, in the total amount of $7,868,861, as
follows: $6,620,786 from Parking Impact Fees, Fund 155, and $1,248,075 from Parking
Operations Fund 480, with the balance of the funding available from previously
appropriated funding from Funds 480, 155, and 365, in the Fiscal Year 2006-2007 Capital
Budget.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the appropriation of funds in the amount of
$7,868,861 (with $6,620,786 from Parking Impact Fees, Fund 155, and $1,248,075 from
Parking Operations Fund 480; with the balance of the funding available from previously
appropriated funding from Funds 480, 155 and 365 in the Fiscal Year 2006-2007 Capital
Budget), and awarding a contract to The Tower Group, pursuant to Invitation to Bid No. 34-
06/07, for the Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office
Building Complex, in the amount of $26,769,000.
PASSED and ADOPTED this day of , 2007.
•ATTEST:
Robert Parcher, CITY CLERK David Dormer, Mayor
T:WGENDA120071oct17071RegularlITB 34-06-07 MMPF struct Reso.doc
68
APPROVED AS TO
FORM & LANGUAGE
FOR AirCUTION
.11501
/0ill510/
SUPPLEMENTAL MATERIALS FOR ITEM R7D:
Attached are copies of the following documents relative to the Tower Group, which were
omitted from Agenda Item R7D:
1. List of Reference Projects;
2. Project Staffing Plan;
3. Resumes of Key Personnel;
4. Similar Projects Completed by Tower Group's Team;
5. Past Performance Evaluation Surveys;
6. Risk Assessment Plan;
7. State of Florida Certified General Contractor License; and
8. Miami -Dade County Occupational License.
69
ADDENDA 6-1
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4002
August 16, 2007
RE: ADDENDUM NO. 6 INVITATION TO BID (ITB) NO. 34-06/07, FOR
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
Please be advised that the bid opening date is changed to Monday, August 20, 2007, by
3:OOpm.
Please be advised that the Technical Review Panel is scheduled to convene on August
22, 2007, at 2:OOpm. Please ensure that your Project Manager, Site Superintendent and
Cost Estimator are available to be interviewed between 2:OOpm and 5:OOpm on August
22, 2007.
Should you have any questions relative to the matter of process or procedure, I may be
reached by phone: 305-673-7490; fax: 786-394-4007; or email:
auslooezemiamibeachfl.aov.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4002
August 15, 2007
RE: ADDENDUM NO. 5 INVITATION TO BID (ITB) NO. 34-06/07, FOR
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
In response to questions and requests for additional information received by prospective
contractors, the aforementioned ITB is amended as follows:
1. Addendum #2 added masonry walls and appears to have changed the concrete columns
located at elevator lobby #2 on all six floors. These changes have not been reflected in the
Structural drawings. Can you please provide us with revised Structural drawings/details?
Answer: This item was addressed in the revised structural drawings issued as part of Addendum
#4. Revised structural drawings were issued.
2. The door schedule indicates Doors Type N to be supplied by storefront manufacturer, but are
indicated as narrow lite hollow metal doors and frames (101B, B106, B102A, 201A, 301A, 401A,
501A, 601A, 701A, B 102A, B206, B202, B306, 403, 406, 408A, B302, B402, B606, 608A, &
B502). Are these doors to be aluminum or fire -rated hollow metal?
Answer: Door type N shall be narrow lite hollow metal door and frame. Please review the
schedule; some of the doors noted in this RFI are not called in the "remarks" as "by storefront
manufacturer".
a. Door number B206 shall be a N type 90 Min. door
b. All N type doors shall have safety glazing; glazing shall meet the rating requirements of
the label indicated.
c. B606 door shall read in the "remarks", "closer/Panic Bar".
3. The Structural Drawings do not include a column schedule for the bridge columns. What are the
sizes and elevations?
Answer: The bridge Columns are detailed in sheet S -303B
4. Where the shear stud details and plan are tags?
Answer: Sheer Studs are not needed
5. Specifications Section 02 201 includes a subsurface soil exploration & geotechnical report dated
April 2005. Drawing S301, Note 3 indicates the date to be May 2, 2005. The Engineer's
recommendations indicate their findings to be for a new five story building. Do we have the most
current copy? If so, are the Engineer's recommendations still applicable to a six story building?
Answer: The current Geotechnical report is dated May 2, 2005 the recommendations are still
applicable.
6. 00300. Instructions to Bidders, Item #13 states that all non -federally funded projects are subject
to prevailing wages. Article 00920 states that prevailing wages are (N/A). Are we to include
prevailing wages in our bid? If so, then what prevailing wages are applicable?
Answer: Yes, prevailing wages are applicable. Please refer to addendum No.3.
7. Please note that the comprehensive general liability and automobile liability limits exceed typical
owner expectations. Since most subcontractors do not carry these limits, can an OCIP or CCIP
be implemented for this project?
Answer: The City's contract will be with the GC not subcontractors. GC's arrangements
with their subcontractors is the responsibility of the GC.
8. The specs are requesting a $5,000 deductible for the builder's risk policy. There are no
insurance companies that will allow a $5,000 deductible for wind in the State of Florida. Can this
comment be stricken from the specifications, or should we include the difference for the
deductible in our bid?
Answer: Builders Risk is not a Wind policy. The $5,000 deductible will remain as a
condition of the insurance policy.
9. Article 27.1 of the General Conditions states that "the contractor shall not employ any
subcontractor against whom the city or consultant may have a reasonable objection." If the city
objects to having the lowest qualified subcontractor bid, then will the contractor be reimbursed for
difference between that subcontractor's bid and the next lowest bidder?
Answer: No the GC will not be reimbursed
10. In regards to the 25% of the contract price in which the contractor will perform with its own
organization, are general conditions and supervision included in this percentage?
Answer: Yes, general conditions can be considered when calculating the 25%.
11. Item 48 of the General Conditions says that the costs of tests requested by the consultant by a
firm chosen by the consultant shall be paid for by the contractor. Drawing S301, Note 9
indicates that the owner is hiring a concrete testing company? Can you provide a list of the
required tests along with the name of the testing agency chosen by the consultant so that we
may acquire a bid?
Answer: This question has been answered previously but the answer is that bidders
shall refer to Article 48 of the General Conditions that identifies which tests are paid for
by the City. Wingerter Laboratories, Inc. Is the Special Inspector for the project.
12. The bid bond form issued is for a Letter of Credit. Should we use this form, or submit an AIA bid
bond form with our proposal?
Answer: The form included in the bid or the AIA bid bond form.
13. Can you please provide the Civil Drawings for Reference?
Answer: Drawings have been provided and are available at T -Square.
14. There are notes on the architectural details that tell you to refer to the Civil Drawings for the
details on the sidewalks and curbing. Are the sidewalks and curbing a part of the Civil scope?
Answer: Sidewalks and Curbs are part of the scope for this project.
15. There are items on the Landscape Drawings (i.e.-benches, seatwalls, steps, handrails, waste
receptacles, bike racks, etc.) of which there are no details for. Are these items part of the Civil
scope?
Answer: The details for the benches, seatwalls, etc... have been provided as part of the missing
landscape drawings.
16. Can an as -build site survey & pile survey be provided prior to the bid? If not, can you please
provide the existing NGVD of the building pad? And what is the acceptable backfill material?
Answer: As Built Pile drawings have been issued to the CITY, the acceptable backfill material is
called for in the specification section 02300.
17. Is the Civil contractor providing soil poisoning at the slab on grade?
Answer: The soil Poisoning shall be provided under the scope of work of this project.
18. Is the Civil contractor providing dewatering services through completion of foundations?.
Answer: Dewatering is provided under the scope of this project. Scope delineated in the
drawings are part of the scope of work, see civil drawings for points of connection under this
project scope.
19. We are estimating U.I.O. that the cutting of the piles to the correct elevation is
included under the scope of work for this package.
Answer: Correct. The cut-off of the piles is part of the scope of work (with the
exception of the two groups of piles for the pile caps supporting the bridge supports.
That work has already been completed.
20. Please refer to Drawing S-308.PIease provide depth of 19PC located in grid F.
Answer: Pile cap depth= 43"
21. Please refer to Drawings S-201 and S-202:There are no details for the PSI ramp
Section between Grids 7.7 and Grid 3, which ramp goes from the ground floor to the
second level. We are estimating that the ramp at that location is similar to the ramp
shown in S-202 going down. Please provide details for this ramp.
Answer: See section 1/S406/407, ramp reinforcing similar to the ramp shown in S202.
22. Please refer to Drawings S-301, Masonry Note 15-A:Please confirm that all masonry
for this project is High Strength Block (f m=3750 psi)
Answer: Confirmed.
Please be advised that the Technical Review Panel is scheduled to convene on August
21,2007, at 2:OOpm. Please ensure that your Project Manager, Site Superintendent and Cost
Estimator are available to be interviewed between 4:30pm on August 21, 2007.
Should you have any questions relative to the matter of process or procedure, I may be reached
by phone: 305-673-7490; fax: 786-394-4007; or email: ausloDezemiamibeachfl.aov.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4002
August 10, 2007
RE: ADDENDUM NO. 4 INVITATION TO BID (ITB) NO. 34-06/07, FOR
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
Please be advised that revised drawings and index of said drawings are available at T -
Square.
Should you have any questions relative to the matter of process or procedure, I may be
reached by phone: 305-673-7490; fax: 786-394-4007; or email:
guslopez@miamibeachfl.gov.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4002
August 2, 2007
RE: ADDENDUM NO. 3 INVITATION TO BID (ITB) NO. 34-06/07, FOR
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
In response to questions and requests for additional information received by prospective contractors, the
aforementioned ITB is amended as follows:
1. The following specifications under Addendum No. 2 Section 08 411, are hereby provided:
1.1 SUMMARY
A. This Section includes the following:
1. Exterior aluminum -framed storefronts.
2. Exterior aluminum -framed exterior walls.
3. Exterior manual -swing aluminum doors
4. Exterior aluminum door frames.
B. Related Sections include the following:
1. Division 7 Section "Building Insulation" for insulation materials field installed with aluminum -
framed systems.
2. Division 7 Section "Joint Sealants" for installation of joint sealants installed with aluminum -
framed systems and for sealants to the extent not specified in this Section.
3. Division 8 Section "Door Hardware" for hardware to the extent not specified in this Section.
4. Division 8 Section "Glazing" for glazing requirements to the extent not specified in this
Section.
5. Division 10 Section "Louvers and Vents" for units installed with aluminum -framed systems.
1.2 PERFORMANCE REQUIREMENTS
A. General: Provide aluminum -framed systems, including anchorage, capable of withstanding, without
failure, the effects of the following:
1. Structural loads.
2. Thermal movements.
3. Movements of supporting structure indicated on Drawings including, but not limited to, story
drift and deflection from uniformly distributed and concentrated live loads.
4. Dimensional tolerances of building frame and other adjacent construction.
5. Failure includes the following:
a. Deflection exceeding specified limits.
b. Thermal stresses transferred to building structure.
c. Framing members transferring stresses, including those caused by thermal and
structural movements, to glazing.
d. Noise or vibration created by wind and thermal and structural movements.
e. Loosening or weakening of fasteners, attachments, and other components.
f. Sealant failure.
g. Failure of operating units to function properly.
B. Structural Loads:
1. Wind Loads: As indicated on Drawings.
C. Deflection of Framing Members:
1. Deflection Normal to Wall Plane: Limited to 1/240 of clear span for spans up to and to 1/360
of clear span plus for spans greater than ] or an amount that restricts edge deflection of
individual glazing lites to , whichever is less.13 feet 6 inches(4.1 m)1/4 inch(6.35 mm)13
feet 6 inches(4.1 m)3/4 inch(19 mm)
2. Deflection Parallel to Glazing Plane: Limited amount not exceeding that which reduces
glazing bite to less than 75 percent of design dimension and that which reduces edge
clearance between framing members and glazing or other fixed components directly below
to less than and clearance between members and operable units directly below to less
than .1/8 inch(3.2 mm)1/16 inch(1.5 mm)
D. Structural -Test Performance: Provide aluminum -framed systems tested according to ASTM E 330
as follows:
1. When tested at positive and negative wind -load design pressures, systems do not evidence
deflection exceeding specified limits.
2. When tested at 150 percent of positive and negative wind -load design pressures, systems,
including anchorage, do not evidence material failures, structural distress, and permanent
deformation of main framing members exceeding 0.2 percent of span.
3. Test Durations: As required by design wind velocity but not less than 10 seconds.
E. Hurricane -Resistance Test Performance: Provide aluminum -framed systems that pass large and
small missile -impact tests, as required by systems' location above grade, and cyclic -pressure
tests according to testing requirements of authorities having jurisdiction.
1. Comply with the Florida Building Code, 2004.
2. Provide aluminum -framed systems accepted by Miami -Dade County Building Code
Compliance Office or complying with performance requirements as tested by entities listed
with the Florida Building Code Commission.
F. Thermal Movements: Provide aluminum -framed systems that allow for thermal movements
resulting from the following maximum change (range) in ambient and surface temperatures.
Base engineering calculation on surface temperatures of materials due to both solar heat gain
and nighttime -sky heat loss.
1. Temperature Change (Range): 120 deg F(67 deg C), ambient; 180 deg F(100 deg C),
material surfaces.
2. Test Performance: No buckling; stress on glass; sealant failure; excess stress on framing,
anchors, and fasteners; or reduction of performance when tested according to AAMA
501.5.
a. Test High Exterior Ambient -Air Temperature: That which produces an exterior metal -
surface temperature of 180 deg F(82 deg C).
b. Test Low Exterior Ambient -Air Temperature: 0 deg F(minus 18 deg C).
c. Test Interior Ambient -Air Temperature: 75 deg F(24 deg C).
G. Air Infiltration: Provide aluminum -framed systems with maximum air leakage through fixed glazing
and framing areas of 0.06 cfm/sq. ft.(0.03 L/s per sq. m)] of fixed wall area when tested
according to ASTM E 283 at a minimum static -air -pressure difference of 6.24 Ibf/sq. ft.(300 Pa).
H. Water Penetration Under Static Pressure: Provide aluminum -framed systems that do not evidence
water penetration through fixed glazing and framing areas when tested according to ASTM E
331 at a minimum static -air -pressure difference of 20 percent of positive wind -load design
pressure, but not less than .6.24 Ibf/sq. ft.(300 Pa)
I. Water Penetration Under Dynamic Pressure: Provide aluminum -framed systems that do not
evidence water leakage through fixed glazing and framing areas when tested according to
AAMA 501.1 under dynamic pressure equal to 20 percent of positive wind -load design pressure,
but not less than .6.24 Ibf/sq. ft.(300 Pa)
1. Maximum Water Leakage: According to AAMA 501.1. Water controlled by flashing and
gutters that is drained to exterior and cannot damage adjacent materials or finishes is not
considered water leakage.
J. Condensation Resistance: Provide aluminum -framed systems with fixed glazing and framing areas
having condensation -resistance factor (CRF) of not Tess than 53 when tested according to
AAMA 1503.
K. Average Thermal Conductance: Provide aluminum -framed systems with fixed glazing and framing
areas having average U -factor of not more than 0.69 Btu/sq. ft. x h x deg F(3.92 W/sq. m x K)
when tested according to AAMA 1503.
L. Sound Transmission: Provide aluminum -framed systems with fixed glazing and framing areas
having minimum STC 32 according to ASTM E 413 and an OITC 26 according to ASTM E 1332,
as determined by testing according to ASTM E 90.
1.3 SUBMITTALS
A. Product Data: Include construction details, material descriptions, dimensions of individual
components and profiles, and finishes for each type of product indicated.
B. Shop Drawings: For aluminum -framed systems. Include plans, elevations, sections, details, and
attachments to other work.
1. Include structural analysis data signed and sealed by the qualified professional engineer
responsible for their preparation.
2. Include details of provisions for system expansion and contraction and for draining moisture
occurring within the system to the exterior.
3. For entrances, include hardware schedule and indicate operating hardware types, functions,
quantities, and locations.
C. Samples for Initial Selection: For units with factory -applied color finishes.
D. Samples for Verification: For each type of exposed finish required, in manufacturer's standard
sizes.
E. Fabrication Sample: Of each vertical -to -horizontal intersection of systems, made from 12-inch(300-
mm) lengths of full-size components and showing details of the following:
1. Joinery.
2. Anchorage.
3. Expansion provisions.
4. Glazing.
5. Flashing and drainage.
F. Welding certificates.
G. Qualification Data: For Installer and testing agency.
H. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing
agency, for aluminum -framed systems.
I. Research/Evaluation Reports: Evidence of acceptance of aluminum -framed systems by Miami -Dade
County Building Code Compliance Office or evidence of compliance with performance
requirements as tested by entities listed with the Florida Building Code Commission.
J. Field quality -control test and inspection reports.
K. Maintenance Data: For aluminum -framed systems to include in maintenance manuals.
L. Warranties: Special warranties specified in this Section.
1.4 QUALITY ASSURANCE
A. Installer Qualifications: Capable of assuming engineering responsibility and performing work of this
Section and who is acceptable to manufacturer.
1. Engineering Responsibility: Preparation of data for aluminum -framed systems including Shop
Drawings based on testing and engineering analysis of manufacturer's standard units in
assemblies similar to those indicated for this Project and submission of reports of tests
performed on manufacturer's standard assemblies.
B. Testing Agency Qualifications: An independent agency qualified according to ASTM E 699 for
testing indicated.
C. Product Options: Information on Drawings and in Specifications establishes requirements for
systems' aesthetic effects and performance characteristics. Aesthetic effects are indicated by
dimensions, arrangements, alignment, and profiles of components and assemblies as they
relate to sightlines, to one another, and to adjoining construction. Performance characteristics
are indicated by criteria subject to verification by one or more methods including preconstruction
testing, field testing, and in-service performance. Refer to Division 1 Section "Substitutions."
1. Do not modify intended aesthetic effects, as judged solely by Architect, except with Architect's
approval. If modifications are proposed, submit comprehensive explanatory data to Architect for
review.
D. Accessible Entrances: Comply FED -STD -795, "Uniform Federal Accessibility Standards."
E. Welding: Qualify procedures and personnel according to AWS D1.2, "Structural Welding Code --
Aluminum."
F. Mockups: Build mockups to demonstrate aesthetic effects and set quality standards for fabrication
and installation.
1. Build mockup of typical wall area as shown on Drawings.
2. Notify Architect 7 days in advance of the dates and times when mockups will be constructed.
3. Demonstrate the proposed range of aesthetic effects and workmanship.
4. Field testing shall be performed on mockups according to requirements in Part 3 "Field
Quality Control" Article.
5. Obtain Architect's approval of mockups before proceeding with installation of systems.
1.5 PROJECT CONDITIONS
A. Field Measurements: Verify actual locations of structural supports for aluminum -framed systems by
field measurements before fabrication and indicate measurements on Shop Drawings.
1.6 WARRANTY
A. Special Assembly Warranty: Manufacturer's standard form in which manufacturer agrees to repair
or replace components of aluminum -framed systems that do not comply with requirements or
that deteriorate as defined in this Section within specified warranty period.
1. Failures include, but are not limited to, the following:
a. Structural failures including, but not limited to, excessive deflection.
b. Noise or vibration caused by thermal movements.
c. Deterioration of metals, metal finishes, and other materials beyond normal weathering.
d. Adhesive or cohesive sealant failures.
e. Water leakage through fixed glazing and framing areas.
f. Failure of operating components to function properly.
2. Warranty Period: 10 years from date of Substantial Completion.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Manufacturers: Subject to compliance with requirements, provide products by one of the following:
B. Basis -of -Design Product: The design for aluminum -framed systems is based on YKK AP America,
YHS 50 F -I. Subject to compliance with requirements, provide the named product or a
comparable product by one of the following:
1. Arch Aluminum & Glass Co., Inc.
2. CMI Architectural Products, Inc.
3. EFCO Corporation.
4. Kawneer.
5. Tubelite Inc.
6. United States Aluminum.
7. Vistawall Architectural Products.
8. YKK AP America Inc.
2.2 MATERIALS
A. Aluminum: Alloy and temper recommended by manufacturer for type of use and finish indicated.
1. Sheet and Plate: ASTM B 209(ASTM B 209M).
2. Extruded Bars, Rods, Profiles, and Tubes: ASTM B 221(ASTM B 221M).
3. Extruded Structural Pipe and Tubes: ASTM B 429.
4. Structural Profiles: ASTM B 308/B 308M.
5. Welding Rods and Bare Electrodes: AWS A5.10/A5.10M.
B. Steel Reinforcement: With manufacturer's standard corrosion -resistant primer complying with
SSPC-PS Guide No. 12.00 applied immediately after surface preparation and pretreatment.
Select surface preparation methods according to recommendations in SSPC-SP COM and
prepare surfaces according to applicable SSPC standard.
1. Structural Shapes, Plates, and Bars: ASTM A 36/A 36M.
2. Cold -Rolled Sheet and Strip: ASTM A 1008/A 1008M.
3. Hot -Rolled Sheet and Strip: ASTM A 1011/A 1011M.
2.3 FRAMING SYSTEMS
A. Framing Members: Manufacturer's standard extruded -aluminum framing members of thickness
required and reinforced as required to support imposed Toads.
1. Construction Framing members are composite assemblies of two separate extruded -aluminum
components permanently bonded by an elastomeric material of low thermal conductance
B. Brackets and Reinforcements: Manufacturer's standard high-strength aluminum with nonstaining,
nonferrous shims for aligning system components.
C. Fasteners and Accessories: Manufacturer's standard corrosion -resistant, nonstaining, nonbleeding
fasteners and accessories compatible with adjacent materials.
1. Where fasteners are subject to loosening or turning out from thermal and structural
movements, wind loads, or vibration, use self-locking devices.
2. Reinforce members as required to receive fastener threads.
D. Concrete and Masonry Inserts: Hot -dip galvanized cast-iron, malleable -iron, or steel inserts
complying with ASTM A 123/A 123M or ASTM A 153/A 153M requirements.
E. Flashing: Manufacturer's standard corrosion -resistant, nonstaining, nonbleeding flashing
compatible with adjacent materials. Form exposed flashing from sheet aluminum finished to
match framing and of sufficient thickness to maintain a flat appearance without visible deflection.
F. Framing System Gaskets and Sealants: Manufacturer's standard recommended by manufacturer
for joint type.
2.4 GLAZING SYSTEMS
A. Glazing: As specified in Division 8 Section "Glazing."
B. Glazing Gaskets: Manufacturer's standard compression types, replaceable, molded or extruded,
that maintain uniform pressure and watertight seal.
C. Spacers and Setting Blocks: Manufacturer's standard elastomeric types.
D. Bond -Breaker Tape: Manufacturer's standard TFE-fluorocarbon or polyethylene material to which
sealants will not develop adhesion.
1. Weatherseal Sealant: ASTM C 920 for Type S, Grade NS, Class 25, Uses NT, G, A, and 0;
neutral -curing silicone formulation compatible with structural sealant and other system
components with which it comes in contact; and recommended by structural- and
weatherseal-sealant and aluminum -framed system manufacturers for this use.
a. Color: Matching structural sealant.
2.5 DOORS
A. Doors: Manufacturer's standard glazed doors, for manual swing operation.
1. Door Construction: 1 3/4" — (44.5 -mm-) overall thickness, with minimum 0.125 -inch -(3.2 -mm-)
thick, extruded -aluminum tubular rail and stile members. Mechanically fasten corners with
reinforcing brackets that are deep penetration and fillet welded or that incorporate concealed tie
rods.
a. Thermal Construction: High-performance plastic connectors separate aluminum
members exposed to the exterior from members exposed to the interior.
2. Door Design: As indicated .
a. Accessible Doors: Smooth surfaced for width of door in area within 10 inches(255 mm)
above floor or ground plane.
3. Glazing Stops and Gaskets Square, snap -on, extruded -aluminum stops and preformed
gaskets.
a. Provide nonremovable glazing stops on outside of door.
B. Door Hardware: As specified in Division 8 Section "Door Hardware."
2.6 ACCESSORY MATERIALS
A. Joint Sealants: For installation at perimeter of aluminum -framed systems, as specified in Division 7
Section "Joint Sealants."
B. Bituminous Paint: Cold -applied asphalt -mastic paint complying with SSPC-Paint 12 requirements
except containing no asbestos, formulated for 30-mil(0.762-mm) thickness per coat.
2.7 FABRICATION
A. Form aluminum shapes before finishing.
B. Framing Members, General: Fabricate components that, when assembled, have the following
characteristics:
1. Profiles that are sharp, straight, and free of defects or deformations.
2. Accurately fitted joints with ends coped or mitered.
3. Means to drain water passing joints, condensation occurring within framing members, and
moisture migrating within the system to exterior.
4. Physical and thermal isolation of glazing from framing members.
5. Accommodations for thermal and mechanical movements of glazing and framing to maintain
required glazing edge clearances.
6. Provisions for field replacement of glazing from interior for vision glass and exterior for
spandrel glazing or panels.
7. Fasteners, anchors, and connection devices that are concealed from view to greatest extent
possible.
C. Mechanically Glazed Framing Members: Fabricate for flush glazing (without projecting stops).
D. Door Frames: Reinforce as required to support loads imposed by door operation and for installing
hardware.
1. At exterior doors, provide compression weather stripping at fixed stops.
2. At interior doors, provide silencers at stops to prevent metal -to -metal contact. Install three
silencers on strike jamb of single -door frames and two silencers on head of frames for
pairs of doors.
E. Doors: Reinforce doors as required for installing hardware.
1. At pairs of exterior doors, provide sliding weather stripping retained in adjustable strip
mortised into door edge.
2. At exterior doors, provide weather sweeps applied to door bottoms.
F. Hardware Installation: Factory install hardware to the greatest extent possible. Cut, drill, and tap for
factory -installed hardware before applying finishes.
G. After fabrication, clearly mark components to identify their locations in Project according to Shop
Drawings.
2.8 ALUMINUM FINISHES
A. General: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for
recommendations for applying and designating finishes.
B. Finish designations prefixed by AA comply with the system established by the Aluminum
Association for designating aluminum finishes.
C. High -Performance Organic Finish (3 -Coat Fluoropolymer): AA-C12C40R1x (Chemical Finish:
cleaned with inhibited chemicals; Chemical Finish: conversion coating; Organic Coating:
manufacturer's standard 3 -coat, thermocured system consisting of specially formulated inhibitive
primer, fluoropolymer color coat, and clear fluoropolymer topcoat, with both color coat and clear
topcoat containing not less than 70 percent polyvinylidene fluoride resin by weight). Prepare,
pretreat, and apply coating to exposed metal surfaces to comply with AAMA 2605 and with
coating and resin manufacturers' written instructions.
1. Color and Gloss: Silver (Mica).
2.9 SOURCE QUALITY CONTROL
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine areas, with Installer present, for compliance with requirements for installation
tolerances and other conditions affecting performance of work.
1. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 INSTALLATION
A. General:
1. Comply with manufacturer's written instructions.
2. Do not install damaged components.
3. Fit joints to produce hairline joints free of burrs and distortion.
4. Rigidly secure nonmovement joints.
5. Install anchors with separators and isolators to prevent metal corrosion and electrolytic
deterioration.
6. Seal joints watertight, unless otherwise indicated.
7. Install aluminum -framed entrances and storefronts in accordance with Miami -Dade County
Building Code Compliance Office, Product Control Notice of Acceptance details.
B. Metal Protection:
1. Where aluminum will contact dissimilar metals, protect against galvanic action by painting
contact surfaces with primer or by applying sealant or tape or installing nonconductive
spacers as recommended by manufacturer for this purpose.
2. Where aluminum will contact concrete or masonry, protect against corrosion by painting
contact surfaces with bituminous paint.
C. Install components to drain water passing joints, condensation occurring within framing members,
and moisture migrating within the system to exterior.
D. Set continuous sill members and flashing in full sealant bed as specified in Division 7 Section "Joint
Sealants" and to produce weathertight installation.
1. Provide sealed end -dams on all sill flashing.
E. Install components plumb and true in alignment with established lines and grades, without warp or
rack.
F. Install glazing as specified in Division 8 Section "Glazing."
G. Entrances: Install to produce smooth operation and tight fit at contact points.
1. Exterior Entrances: Install to produce tight fit at weather stripping and weathertight closure.
2. Field -Installed Hardware: Install surface -mounted hardware according to hardware
manufacturers' written instructions using concealed fasteners to greatest extent possible.
H. Install insulation materials as specified in Division 7 Section "Building Insulation."
I. Install perimeter joint sealants as specified in Division 7 Section "Joint Sealants" and to produce
weathertight installation.
J. Erection Tolerances: Install aluminum -framed systems to comply with the following maximum
tolerances:
1. Location and Plane: Limit variation from true location and plane to 1/8 inch in 12 feet(3 mm in
3.7 m); 1/4 inch(6 mm) over total length.
,„,--
2. Alignment:
a. Where surfaces abut in line, limit offset from true alignment to 1/16 inch(1.5 mm).
b. Where surfaces meet at corners, limit offset from true alignment to 1/32 inch(0.8 mm).
3. Diagonal Measurements: Limit difference between diagonal measurement to 1/8 inch(3 mm).
3.3 FIELD QUALITY CONTROL
A. Testing Agency: Engage a qualified independent testing and inspecting agency to perform field
tests and inspections and prepare test reports.
B. Testing Services: Testing and inspecting of representative areas to determine compliance of
installed systems with specified requirements shall take place as follows and in successive
stages as indicated on Drawings. Do not proceed with installation of the next area until test
results for previously completed areas show compliance with requirements.
1. Air Infiltration: Areas shall be tested for air leakage of 1.5 times the rate specified for
laboratory testing under Part 1 "Performance Requirements" Article, but not more than
0.09 cfm/sq. ft.(0.03 L/s per sq. m), of fixed wall area when tested according to ASTM E
783 at a minimum static -air -pressure difference of 6.24 Ibf/sq. ft.(300 Pa).
2. Water Penetration: Areas shall be tested according to ASTM E 1105 at a minimum uniform
and cyclic static -air -pressure difference of 0.67 times the static -air -pressure difference
specified for laboratory testing under Part 1 "Performance Requirements" Article, but not
Tess than 4.18 Ibf/sq. ft.(200 Pa), and shall not evidence water penetration.
3. Water Spray Test: Before installation of interior finishes has begun, a minimum area of 75
feet(23 m) by 1 story of aluminum -framed systems designated by Architect shall be tested
according to AAMA 501.2 and shall not evidence water penetration.
C. Repair or remove work where test results and inspections indicate that it does not comply with
specified requirements.
D. Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
3.4 ADJUSTING
A. Entrances: Adjust operating hardware for smooth operation according to hardware manufacturers'
written instructions.
1. For doors accessible to people with disabilities, adjust closers to provide a 3 -second closer
sweep period for doors to move from a 70 -degree open position to 3 inches(75 mm) from
the latch measured to the leading door edge.
2. General Decision No. 2007 001, dated July 13, 2007, is hereby incorporated and made part of
the bid.
GENERAL DECISION: FL20070032 07/13/2007 FL32
Date: July 13, 2007
General Decision Number: FL20070032 07/13/2007
Superseded General Decision Number: FL20030032
State: Florida
Construction Type: Heavy
Counties: Broward, Collier, Lee, Martin, Miami -Dade, Palm
Beach and St Lucie Counties in Florida.
HEAVY CONSTRUCTION PROJECTS (Excluding Sewer & Water Lines)
Modification Number Publication Date
0 02/09/2007
1 07/13/2007
CARP1026-002 08/01/2002
Rates Fringes
Piledriverman $ 20.25 4.70
ELEC0323-001 09/05/1993
MARTIN, PALM BEACH, AND ST LUCIE COUNTIES
Rates
Electrician $ 15.88
Fringes
21.5%
ELEC0349-002 09/01/2006
DADE COUNTY
Rates Fringes
Electricians:
Electrical contracts
including materials that
are $2,000,000 and over $ 25.46 6.05+8%
Electrical contracts
including materials that
are less than $2,000,000. .$ 24.00 6.05+8%
Electrical contracts:
including -materials that
are less than $2,000,000$ 23.00 6.05+8%
Electricial contracts
including materials that
are over $2,000,000 $ 26.46 6.05+8%
ELEC0728-001 07/28/2006
BROWARD AND COLLIER COUNTIES
Rates Fringes
Electrician $ 25.46 12-1/2%+$5.60
ELEC0915-001 12/01/2006
LEE COUNTY
Rates Fringes
Electrician $ 23.17 32%+$0.20
ENGI0487-002 01/01/2007
DADE COUNTY
Rates Fringes
Power equipment operators:
Backhoes, Bulldozers $ 20.00 7.10
Cranes $ 25.50 7.10
Oilers $ 17.90 7.10
* ENGI0487-003 07/01/2007
BROWARD, COLLIER, LEE, MARTIN, PALM BEACH, AND ST LUCIE COUNTIES
Rates Fringes
Power equipment operators:
All Tower Cranes and All
Cranes with boom length
150 ft and over $ 27.20 7.68
Cranes with boom length
less than 150 ft.
Backhhoes, and Bulldozers$ 26.47 7.68
Oilers $ 21.24 7.68
PLUM0630-001 01/01/2007
LEE, MARTIN, PALM BEACH, AND ST LUCIE COUNTIES
Rates
Pipefitter $ 28.75
Fringes
8.01
PLUM0725-002 06/30/2006
BROWARD AND DADE COUNTIES
Rates Fringes
Pipefitter $ 26.60 9.35
SUFL1990-006 01/26/1990
Rates
Carpenter $ 12.71
Cement Mason $ 10.50
Laborer $ 5.72
Power equipment operators:
Loaders $ 11.25
Fringes
2.71
2.55
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4002
July 30, 2007
RE: ADDENDUM NO. 2 INVITATION TO BID (ITB) NO. 34-06/07, FOR
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
In response to questions and requests for additional information received by prospective
contractors, the aforementioned ITB is amended as follows:
1. The bid submission due date is changed from 3:OOpm on August 10, 2007 to 3:OOpm on
August 17, 2007.
2. Drawings and specifications relative to the following sections are available at T- Square
and can be ordered by calling 305-324-1234.
a. Trellises;
b. Ornamental grilles;
c. Architectural screens; and
d. Cantilevered sun screens.
3. A complete set of drawings was inadvertently omitted but T -Square has agreed to
forward at no cost to the bidders, the missing drawings. Bidders are responsible for
verifying that they receive a complete set of contract documents from T -Square.
Should you have any questions relative to the matter of process or procedure, I may be
reached by phone: 305-673-7490; fax: 786-394-4007; or email: guslopez@miamibeachfl.gov.
CITY OF MIAMI BEACH
le
Gus Lopez, CPPO
Procurement Director
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4002
July 17, 2007
RE: ADDENDUM NO. 1 INVITATION TO BID (ITB) NO. 34-06/07, FOR
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
In response to questions and requests for additional information received by prospective
contractors, the aforementioned ITB is amended as follows:
1. Prevailing Wage Decision No. FL 20070001, dated June 15, 2007, is hereby
incorporated as part of this ITB.
2. The sign —in sheet is attached for informational purposes.
3. Performance Evaluation Surveys previously submitted by contractors on other
projects will not be considered for evaluation purposes. Only new surveys submitted by
clients of contractors will be considered
4. A site visit has been scheduled for July 26, 2007, at 1:30pm.
5. Question: "General Contractor will be required to self perform, at a minimum, twenty
five percent (25%) of the work. Can this percent be changed to 10% or lower?"
Answer: A GC that is self performing 10% or less of the assigned contract value could
only be adding a profit markup to the work and providing no direct work.
A general contractor who is self performing at least 15% of the direct work (25% less
10% markups) has direct control over those forces which enables them to have direct
control over a significant part of the schedule which in turn gives the City more control
when enforcing schedule issues. A GC that does not have any of its own forces carrying
out the work is limited in their control of the work schedule.
The City is invoking its right to reject GC's that do not have or are not willing to commit,
to the project, a work force that is substantially under their direct control.
6. The following unit price information is to be submitted with your bid under the "List of
Unit Prices":
Unit Price No. 1 —General Conditions:
1. Description: Cost of Contractor's General Conditions.
2. Unit of Measurement: Per day.
3. Work shall include all costs associated to complete the work.
Unit Price No. 2 —Site security:
1. Description: Provision for on-site security guard from bonded and
licensed security company between the hours of 5:30 PM to 7:30 AM
daily (including weekends).
2. Unit of Measurement: Per week of contract time.
3. Work shall include all costs associated to complete the work.
Site:
Unit Price No. 3 —Soils:
1. Description: Import and export of soils.
2. Unit of Measurement: Per cubic yard.
3. Work shall include all costs associated to complete the work.
Unit Price No. 4 —Road Base:
1. Description: Supply and installation of Road Base
2. Unit of Measurement: Per Cubic Yard
3. Work shall include all costs associated to complete the work.
Unit Price No. 5 —Asphalt Base Course:
1. Description: Furnish and installation of Asphalt Base Course.
2. Unit of Measurement: Per Ton
3. Work shall include all costs associated to complete the work.
Unit Price No. 6 —Asphalt Finish Course:
1. Description: Furnish and installation of Asphalt Finish Course.
2. Unit of Measurement: Per Ton
3. Work shall include all costs associated to complete the work.
Unit Price No. 7 —Concrete Paving:
1. Description: Furnish and installation of Concrete paving.
2. Unit of Measurement: Per cubic yard.
3. Work shall include all costs associated to complete the work.
Landscape:
Unit Price No. 8 —Irrigation Piping:
1. Description: Furnish and installation of Irrigation piping.
2. Unit of Measurement: Per Linear foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 9 —Irrigation Heads:
1. Description: Furnish and installation of Irrigation Heads.
2. Unit of Measurement: Per head
3. Work shall include all costs associated to complete the work.
Unit Price No. 10 —Transplanting:
1. Description: Tree/Palm transplanting.
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Structural:
Unit Price No. 11 —Cast In Place Concrete:
1. Description: Furnish and installation of Cast in Place concrete.
2. Unit of Measurement: Per Cubic Yard.
3. Work shall include all costs associated to complete the work.
Unit Price No. 12—Cast In Place Architectural Concrete:
1. Description: Furnish and installation of architectural concrete.
2. Unit of Measurement: Per Cubic Yard.
3. Work shall include all costs associated to complete the work.
Unit Price No. 13 —CMU:
1. Description: Furnish and installation of 8" CMU block.
2. Unit of Measurement: Per Block.
3. Work shall include all costs associated to complete the work.
Unit Price No. 14 —Beam penetrations:
1. Description: (a) shop and (b) field -fabricated beam penetrations.
2. Unit of Measurement: Each penetration.
3. Work shall include all costs associated to complete the work.
Architectural:
Unit Price No. 15 —Partition:
1. Description: 1 Furnish and installation of 3'-0" high, 3-5/8" metal stud
partition with 5/8 GWB both sides.
2. Unit of Measurement: Per Linear foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 16 —Shaft wall
1. Description: 1 Furnish and installation of 3'-0" high shaft wall "K-10" type
(see sheet A-831).
2. Unit of Measurement: Per Linear foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 17 —VCT:
1. Description: Furnish and installation of VCT per specifications.
2. Unit of Measurement: Per Square foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 18 —Vinyl Base:
1. Description: Furnish and installation of Vinyl base per specifications.
2. Unit of Measurement: Per Linear foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 19 —Carpet:
1. Description: Furnish and installation of Carpet per specifications.
2. Unit of Measurement: Per Square yard
3. Work shall include all costs associated to complete the work.
Unit Price No. 20 —Ceramic Tile:
1. Description: Furnish and installation of Ceramic Tile.
2. Unit of Measurement: Per square Foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 21 —ACT:
1. Description: Furnish and installation of ACT and associated grid per
specifications.
2. Unit of Measurement: Per square foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 22 —Paint:
1. Description: Furnish and Application of Interior and Exterior Paint.
2. Unit of Measurement: Per square foot
3. Work shall include all costs associated to complete the work.
Unit Price No. 23 —Hand Rail:
1. Description: Furnish and installation of Stainless steel hand rail and
associated supports.
2. Unit of Measurement: Per Linear foot.
3. Work shall include all costs associated to complete the work.
Unit Price No. 24 —Fire proofing:
1. Description: Furnish and Application of Sprayed on Fire Proofing.
2. Unit of Measurement: Per Square foot.
3. Work shall include all costs associated to complete the work.
Unit Price No. 25 —Crystalline Waterproofing:
1. Description: Furnish and Application of Crystalline Waterproofing.
2. Unit of Measurement: Per Square foot.
3. Work shall include all costs associated to complete the work.
Unit Price No. 26 —Traffic Coatings:
1. Description: Furnish and Application of Pedestrian and vehicular traffic
coatings.
2. Unit of Measurement: Per Square foot.
4. Work shall include all costs associated to complete the work.
Electrical:
Unit Price No. 27 — Horn/Strobes:
1. Description: Furnish and installation of Horn/Strobes with wiring and
programming.
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Unit Price No. 28 —Data or Voice:
1. Description: Furnish and installation of data or voice drop from 0 to 200
feet, including cable, wall plate, jack and all associated hangers.
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Unit Price No. 29 —Electrical Outlet:
1. Description: Furnish and installation of electrical outlet from 0 to 200 feet,
including wiring, conduit, wall plate, and outlet.
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Unit Price No. 30 —Electrical Conduit:
1. Description: Furnish and installation of electrical conduit (1', 2", 4" and 6").
2. Unit of Measurement: Per Linear foot
3. Work shall include all costs associated to complete the work.
Mechanical:
Unit Price No. 31 —Dampers:
1. Description: Furnish and installation of two (2) and one (1) -hour fire -
resistance rated operable combination fire/smoke damper.
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Unit Price No. 32 —Volume Dampers:
1. Description: Furnish and installation of Volume Dampers
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Unit Price No. 33 —Ductwork:
1. Description: Furnish and installation of ductwork.
2. Unit of Measurement: Sheet Metal per pound
3. Work shall include all costs associated to complete the work.
Unit Price No. 34 —VAV Boxes:
1. Description: Furnish and installation of typical VAV boxes in Contract
documents
2. Unit of Measurement: Per VAV Box
3. Work shall include all costs associated to complete the work.
Unit Price No. 35 —Devices:
1. Description: Furnish and installation of Return air and supply air devices
2. Unit of Measurement: Per Device
3. Work shall include all costs associated to complete the work.
Unit Price No. 36 —Exhaust fans:
1. Description: Furnish and installation of Exhaust fan
2. Unit of Measurement: Each
3. Work shall include all costs associated to complete the work.
Fire Protection:
Unit Price No. 37 —Exit signs:
1. Description: Furnish and installation of exit signs in compliance with the
requirements.
2. Unit of Measurement: Each exit sign type installed.
3. Work shall include all costs associated to complete the work.
Unit Price No. 38 —Fire extinguisher and cabinet:
1. Description: Furnish and installation of fire extinguishers and semi -
recessed fire -rated fire extinguisher cabinets in fire -resistive wall
assembly in compliance with the requirements.
2. Unit of Measurement: Each.
3. Work shall include all costs associated to complete the work.
Unit Price No. 39 — Sprinkler Head:
1. Description: Furnish and installation of sprinkler heads in compliance with
the requirements.
2. Unit of Measurement: Each.
3. Work shall include all costs associated to complete the work.
Unit Price No. 40 — "Smart" Elevator Control System
1. Description: Furnish and installation of "Smart" elevator controls to
elevators.
2. Unit of Measurement: Each elevator.
3. Work shall include all costs associated to complete the work.
Unit Price No. 41 — Crytalline Waterproofing:
1. Description: Furnish and installation of Crystalline waterproofing for
parking decks and ramps, floors 1 through 6 in compliance with the
requirements.
2. Unit of Measurement: Lump Sum.
3. Work shall include all costs associated to complete the work.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
TOWER GROUP BID SUBMISSION
TABLE OF CONTENTS
(Continued)
00500. SUPPLEMENT TO BID/TENDER FORM
QUESTIONNAIRE 60
00520. SUPPLEMENT TO BID/TENDER FORM
NON -COLLUSION CERTIFICATE 67
00530. SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION 68
00540. SUPPLEMENT TO BID/TENDER FORM
TRENCH SAFETY ACT 70
00550. RECYCLED CONTENT INFORMATION 72
00600. CONTRACT 73
Article 1. Scope of Work 73
Article 2. Contract Time 73
Article 3. The Contract Sum 77
Article 4. Progress payments 78
Article 5.Acceptance and Final Payment 79
Article 6. Miscellaneous 80
00708. FORM CERTIFICATE OF INSURANCE 85
00710. FORM OF PERFORMANCE BOND 86
00720. FORM OF PAYMENT BOND 89
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL 92
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT 93
00800. GENERAL CONDITIONS 95
1. Contract Documents 95
2. Intention of City 95
3. Preliminary Matters 95
4. Performance Bond and Payment Bond 98
5. Qualification of Surety 99
6. Indemnification 100
7. Insurance Requirements 101
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 3
TABLE OF CONTENTS
(Continued)
8. Labor and Materials 104
9. Royalties and Patents 104
10. Weather 104
11. Permits, Licenses and Impact Fees 105
12. Resolution of Disputes 105
13. Inspection of Work 106
14. Superintendence and Supervision 107
15. City's Right to Terminate Contract 108
16. Contractor's Right to Stop Work or
Terminate Contract 110
17. Assignment 110
18. Rights of Various Interests 110
19. Differing Site Conditions 110
20. Plans and Working Drawings 111
21. Contractor to Check Plans,
Specifications, and Data 111
22. Contractor's Responsibility for
Damages and Accidents 112
23. Warranty 112
24. Supplementary Drawings 112
25. Defective Work 112
26. Taxes 113
27. Subcontracts 113
28. Separate Contracts 114
29. Use of Completed Portions 115
30. Lands for Work 116
31. Legal Restrictions and Traffic Provisions 116
32. Location and Damage to Existing
Facilities, Equipment or Utilities 116
33. Value Engineering 117
34. Continuing the Work 117
35. Changes in the Work or Terms
of Contract Documents 118
36. Field Orders and Supplemental Instructions 118
37. Change Orders 118
38. Value of Change Order Work 119
39. Notification and Claim for Change of
Contract Time or Contract Price 124
40. No Damages for Delay 124
41. Excusable Delay; Compensable; Non -Compensable 125
42. Substantial Completion 126
43. No Interest 126
44. Shop Drawings 127
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 4
TABLE OF CONTENTS
(Continued)
45. Assignment 128
46. Safety and Protection 128
47. Final Bill of Materials 130
48. Payment by City for Tests 130
49. Project Sign 130
50. Hurricane Precautions 130
51. Cleaning Up; City's Right to Clean Up 131
52. Removal of Equipment 131
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act 131
54. Project Records 132
00900. SUPPLEMENTARY CONDITIONS 133
00920. ADDITIONAL ARTICLES 137
1. Prevailing Wage Rate Ordinance 137
2. Federal Grant Projects 137
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) 138
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT) 139
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION 140
00926. FINAL CERTIFICATE OF PAYMENT 142
00930. FORM OF FINAL RECEIPT 143
00950. DRAWINGS INDEX 145
01000. ADDENDA AND MODIFICATIONS 146
02000. TECHNICAL SPECIFICATIONS 147
03000. BID PROPOSAL FORM 148
04000. ACKNOWLEDGEMENT OF ADDENDA 152
05000. CUSTOMER REFERENCE LISTING 153
06000 PROPOSED SUBCONTRACTOR LISTING INFORMATION 155
07000 T-SQUARE ORDER FORM 156
INDEX OF DRAWINGS SEE ATTACHED
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 5
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 786-394-4008
PUBLIC NOTICE
INVITATION TO BID (ITB) 34-06/07
FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
(Except Tenant Build -Out)
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 10th day of August 2007 for: MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX (Except Tenant
Build -Out)
Scope of Work:
The Scope of Work included in the construction of this Lump Sum Bid shall include but
not be limited to furnishing all, unless specifically stated otherwise, labor, material,
equipment, supervision, mobilization, demobilization, survey, overhead and profit,
bonds, insurance, permits and taxes to complete the work to the full intent as shown or
indicated in/on the Bid Documents.
A brief description of the overall Project is as follows:
Construction of a fully functional seven (7) level parking facility having six hundred fifty
(650) parking spaces, approximately thirty two thousand (32,000) square feet of
commercial space and associated site improvements. The Project is to be located on
the East side of Meridian Avenue North of 17th Street currently the "P" lot adjacent to
777 17th Street.
A brief description of Bid Package 03 — Garage and Office Building Complex
(Except Tenant Build -Out which is Bid "ADD Alternate #1")
Construction of the garage, office building, site and off-site improvements excluding
work carried out/to be carried out under Bid Packages:
01 -Underground Utilities
02 -Piling and Retaining Walls
04 -Tenant Build -Out — See Bid "ADD Alternate #1"
It is essential that prospective bidders examine the project plans and the project site,
prior to submitting a bid, to ensure a complete and accurate understanding of the scope
of work required by this bid.
Piling for the project has been/is being carried out under a separate contract. The scope
of the work includes piles and the two pile caps for the two foundations of the bridge
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 6
(connecting the new garage to City Hall) supports. The City will provide the Contractor
with a survey, by a surveyor registered in the State of Florida, of the "As -Built" condition
of the piles and a copy of the Special Inspector's Report covering the piling installation.
Contractor must satisfy themselves that the piling is installed accurately and correctly as
represented by the piling survey and special inspectors report and unconditionally
accepts the "As -Built" condition.
In addition, Bidders attention is drawn to article 00900 "Supplementary Conditions" for
other costs to be included in the Bid.
Estimated Budget: $16,000,000
Minimum Requirements: Prospective Bidders shall be required to provide proof, with
their Bid, of having satisfactorily constructed and completed on schedule, as a General
Contractor, at least three (3) projects, each in excess of Ten Million dollars
($10,000,000) and of a complexity similar to that provided in the Project. Drawings
Index and Technical Specification as referenced in the respective Sections of the Bid
Documents. Prospective Bidders need not demonstrate a Parking Garage among their
three projects in order to demonstrate compliance with the aforestated minimum
requirements. General Contractor will be required to self perform, at a minimum, twenty-
five percent (25%) of the work.
The General Contractor and its sub -contractors must have the required licenses to
obtain all required permits to carry out and complete the Project.
Bid Guaranty: A Bid Guaranty of 5% is reauired with bid submission, and the
successful Bidder executing the Contract will be required to provide Performance and
Payment Bonds in the amount of one hundred percent (100%) of the contract amount.
Bidders will be required to submit a letter of intent, from an A rated Financial Class V
surety company to bond the Project.
At the 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. The responsibility for
submitting a bid before the stated time and date is solely and strictly the responsibility of
the bidder. The City is not responsible for delays caused by mail, courier service,
including U.S. Mail, or any other occurrence.
A Pre -Bid Conference will be held at 10:00 a.m. on July 13, 2007 at the City of
Miami Beach City Hall, 4th Floor, Mayor's Conference Room, located at 1700
Convention Center Drive, Miami Beach, FL 33139.
Attendance (in person or via telephone) to this Pre -Bid submission meeting is
encouraged and recommended as a source of information but is not mandatory.
Bidders interested in participating in the Pre -Bid submission meeting via telephone must
follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 7
(2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and
followed by the star (*) key).
Bidders who are interested in participating via telephone, please send an e-mail to
guslopez@miamibeachfl.gov expressing your intent to participate via telephone.
Plans and specifications are available for this bid but must be ordered through T -
Square Miami, Phone No. (305) 324-1234. The attached order form on page 156 of
the Bid package must be completed and returned to T -Square Miami before prospective
bidders will receive the requested Plans and Specifications.
The City of Miami Beach is using RFP Depot LLC a central notification system which
provides bid notification services to interested vendors. RFP Depot allows for vendors to
register online and receive notification of new bids, amendments and awards. Vendors
with Internet access should review the registration options at the following website:
www.rfpdepot.com
If you do not have Internet access, please call the RFP Depot's vendor support group at
801-765-9245.
Interested bidders who would like to know particulars of this and other bids for the City
of Miami Beach should view the City's Procurement Division's web page at
http://www.miamibeachfl.aov/newcitv/depts/purchase/bidintro.asp
Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writing by mail or facsimile to quslopez( miamibeachfl.aov FAX: (786) 394-4007 no
later than July 25, 2007. The Bid title/number shall be referenced on all
correspondence. All responses to questions/clarifications will be sent to all prospective
bidders in the form of an addendum. The City of Miami Beach reserves the right to
accept any proposal or bid deemed to be in the best interest of the City of Miami Beach,
or waive any informality in any proposal or bid. The City of Miami Beach may reject any
and all proposals or bids.
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, and/or any accommodation to review any document
or participate in any city -sponsored proceeding, please contact 305-604-2489 (voice) or
305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also
call 711 (Florida Relay Service).
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON
THE CITY OF MIAMI BEACH WEBSITE:
http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp
• CONE OF SILENCE -- ORDINANCE NO. 2002-3378
• CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 8
• DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234.
• PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344.
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO.
2002-3363
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS
FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 9
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 305.394.4008
ITB No. 34-06/07
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
(Except Tenant Build -Out)
NOTICE TO PROSPECTIVE BIDDERS
NO INTEREST IN SUBMITTING A BID:
If not submitting a bid at this time, please detach this sheet from the bid documents, complete the
information requested, and return to the address listed above.
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre -proposal meeting.
Timely payment by the City is a concern.
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product and/or service.
Signature:
Title:
Company:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 10
00100. GENERAL INSTRUCTIONS TO BIDDERS:
1. General: The following instructions and those set forth in Section 00300 herein
are given for the purpose of guiding Bidders in properly preparing their bids.
Such instructions have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions contained in
the instructions. Bidders shall note that various paragraphs within these bid
documents have a [ ] box which may be checked. If the box is checked, the
language is made a part of the bid documents and compliance therewith is
required of the Bidder; if the box is not checked, the language is not made a part
of the bid documents.
2.. Scope of Work: The Scope of Work included in this Lump Sum Bid shall include
but not be limited to furnishing all, unless specifically stated otherwise, labor,
material, equipment, supervision, mobilization, demobilization, survey, overhead
and profit, bonds, insurance, permits and taxes to complete the work to the full
intent as shown or indicated in/on the Bid Documents. In addition, Bidders
attention is drawn to article 00900 "Supplementary Conditions" for other costs to
be included in the Bid.
A brief description of Bid Package 03 — Garage and Office Building Complex
(Except Tenant Build -Out which is Bid "ADD ALTERNATE #1 ")
Construction of the garage, office building, site and off-site improvements
excluding work carried out/to be carried out under Bid Packages:
01 -Underground Utilities
02 -Piling and Retaining Walls
04 -Tenant Build -Out - See Bid "ADD ALTERNATE #1"
It is essential that prospective bidders examine the project plans and the project
site, prior to submitting a bid, to ensure a complete and accurate understanding
of the scope of work required by this bid.
Piling for the project has been/is being carried out under a separate contract. The
scope of the work includes piles and the two pile caps for the two foundations of
the bridge (connecting the new garage to City Hall) supports. The City will
provide the Contractor with a survey, by a surveyor registered in the State of
Florida, of the "As -Built" condition of the piles and a copy of the Special
Inspector's Report covering the piling installation. Contractor must satisfy
themselves that the piling is installed accurately and correctly as represented by
the piling survey and special inspectors report and unconditionally accepts the
"As -Built" condition.
3. Location of Work: The Project is to be located on the East side of Meridian
Avenue North of 17th. Street, currently the "P" lot adjacent to 777, 17th. Street.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 11
4. Abbreviations and Symbols: The abbreviations used throughout the Contract
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Bidder: Any individual, firm, or corporation submitting a bid for this
Project, acting directly or through a duly authorized representative.
1.2. Change Order: A written document ordering a change in the Contract
Scope.
1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
/or for which this Contract is to be performed. In all respects hereunder,
City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.4. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.5. City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.6. Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
1.7. Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.8. Contract Documents Clarification: (Not Applicable)
1.9. Contract Administrator (Program Manager): The City's Contract
Administrator shall mean the individual appointed by the City Manager
who shall be the City's authorized representative to coordinate, direct,
and review on behalf of the City, all matters related to the Project. The
City's Contract Administrator for the Project shall be the Program
Manager.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 12
1.10. Contract Documents: The official documents setting forth Bidding
information and requirements, General and Supplemental Conditions,
drawings (plans) and specifications, the Notice for Bids, Addenda, if
any, the Bid Tender Form, the Bid Bond, the record of the award by the
City Commission, the Performance Bond and Payment Bond, the Notice
of Award, the Notice(s) to Proceed, the Purchase Order, Change
Orders, Field Orders, Supplemental Instructions, and any and all
additional documents the submission of which are required by this
Project, are the documents which are collectively referred to as the
Contract Documents.
1.11. Contract Price: The original amount established in the bid submittal and
award by the City, as may be amended by Change Order.
1.12. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.13. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.14. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.15. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.16. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work performed by Contractor.
1.17. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.18. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 13
1.19. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Contract Documents.
1.20. Program Manager: The City has contracted the services of URS
Corporation as the Program Manager for this Project who will act as the
Contract Administrator.
1.21. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.22. Project Initiation Date: The date upon which the Contract Time
commences.
1.23. Project Manual: Please refer to item 1.10 - Contract -Documents.
1.24. Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.25. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.26. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.27. Surety: The surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is
primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.28. Work: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
1.29. RFI: Request for Information (RFI). When the CONTRACTOR, during
the course of construction, is uncertain regarding the interpretation of a
specific item in the plans or technical specifications he shall immediately
bring the issue to the attention of the PROGRAM MANAGER. The
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 14
Program Manager shall review the question and if not able to find the
answer to the question in the plans and specifications the
CONTRACTOR shall generate an RFI stating his question and submit it
to the PROGRAM MANAGER who shall forward it to the
CONSULTANT for a response.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 15
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami -Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents of which
Bidder knows or reasonably should have known.
1.6. Take into account the necessary allowances, of time and cost, due to the
potential impact of the Miami Beach Convention Center's Schedule of
Events and the restrictions imposed by the planned events there upon the
Project (see attached schedule).
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
2. Pre -Bid Interpretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bid Documents. Written questions should be received no less than
ten (10) calendar days prior to the date of the opening of Bids. There shall be no
obligation on the part of City or the City's Procurement Director to respond to
questions received less than ten (10) calendar days prior to bid opening.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 16
3. Submittina Bids: All bids must be received in the Procurement Division, City of
Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida
33139, before the time and date specified for bid opening, enclosed in a sealed
envelope, legibly marked on the outside:
BID FOR: GARAGE & OFFICE BUILDING COMPLEX
(Except Tenant Build -Out) "Add Alternate #1"
BID/CONTRACT NO.: 34-06/07
4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form
included herein and must give the price in strict accordance with the instructions
thereon. The bid must be signed and acknowledged by the Bidder in accordance
with the directions on the bid form.
5. Bid Guaranty: All bids shall be accompanied by an original bid bond executed by
a surety company meeting the qualifications for surety companies as specified in
Section 5, General Conditions. The Bid Bond shall be equal to, or by cash,
money order, certified check, cashier's check, Bid Guaranty Form, Unconditional
Letter of Credit (Form 00410), treasurer's check or bank draft of any national or
state bank (United States), five percent (5%) of the Bid price and be made in
favor $0, payable to of the City of Miami Beach, Florida, and conditioned upon
the -successful Bidder executing the Contract and providing the required one -
hundred percent (100%) Performance Bond and Payment Bond and evidence of
required insurance within fifteen (15) calendar days after notification of award of
the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER
SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful
Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not
as a penalty, for the cost and expense incurred should said Bidder fail to execute
the Contract, provide the required Performance Bond, Payment Bond and
Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of
the award of the Contract, or failure to comply with any other requirements set
forth herein. The time for execution of the Contract and provision of the
Performance Bond, Payment Bond and Certificate(s) of Insurance may be
extended by the City's Procurement Director for good cause shown. Bid
Securities of the unsuccessful Bidders will be returned after award of Contract.
6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all
bids prior to award. Reasonable efforts will be made to either award the Contract
or reject all bids within ninety (90) calendar days after bid opening date. A Bidder
may not withdraw its bid unilaterally nor change the Contract Price before the
expiration of ninety (90) calendar days from the date of bid opening. A Bidder
may withdraw its bid after the expiration of ninety (90) calendar days from the
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 17
7. Determination of Award: The City Commission shall award the contract to the
lowest and best bidder. In determining the lowest and best bidders, in addition
to price there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract
8. Evaluation: An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future bids
with the City.
9. Contract Price: The Contract Price shall include furnishing all labor, materials,
equipment including tools, supervision, mobilization, demobilization, survey,
services, bonds, insurance, permit fees, applicable taxes, overhead and profit for
the completion of the Work, except as may be otherwise expressly provided in
the Contract Documents. The cost of any item(s) of Work not covered by a
specific Contract unit price or lump sum price shall be included in the Contract
unit price or lump sum price to which the item(s) is most applicable,
10. Postponement of Date for Presenting and Opening of Bids: The City reserves
the right to postpone the date for receipt and opening of bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
11. Qualifications of Bidders: Bids shall be considered only from Contractors which
submit their bid by the bid's due date; Bidders who meet the "Minimum
Requirements"; Bidders that provide the 5% Bid Bond; and Bidders that submit
all required documentation as requested under this Invitation to Bid.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claims/litigation history of the Bidder.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 18
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Contract Documents.
13. Prevailing Wage Rates: City of Miami Beach Ordinance No, 94-2960 provides
that in all non -federally funded construction contracts in excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and signage.
14. Occupational Health and Safety: In compliance with Chapter 442, Florida
Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
14.1. The chemical name and the common name of the toxic substance.
14.2. The hazards or other risks in the use of the toxic substance, including:
14.2.1. The potential for fire, explosion, corrosion, and reaction;
14.2.2. The known acute and chronic health effects of risks from
exposure, including the medical conditions which are
generally recognized as being aggravated by exposure to
the toxic substance; and
14.2.3. The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 19
14.5. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
14.6. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
15. Environmental Regulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating
a Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion
of the City. Bidder shall submit with its Bid, a complete history of all citations
and/or violations, notices and dispositions thereof. The nonsubmission of any
such documentation shall be deemed to be an affirmation by the Bidder that
there are no citations or violations. Bidder shall notify the City immediately of
notice of any citation or violation which Bidder may receive after the Bid opening
date and during the time of performance of any contract awarded to it.
16. "Or Equal" Clause: Whenever a material, article or piece of equipment is
identified in the Contract Documents including plans and specifications by
reference to manufacturers' or vendors' names, trade names, catalog numbers,
or otherwise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to
establish a standard; and, unless it is followed by the words "no substitution is
permitted" because of form, fit, function and quality, any material, article, or
equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable
provided the materials, article or equipment so proposed is, in the sole opinion of
Consultant, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344, which
establishes procedures for resulting protested bids and proposed awards.
Protests not made timely pursuant to the requirements of Ordinance No.
2002-3344 shall be barred.
18. Financial Stability and Strenath:
The bidder must be able to demonstrate a good record of performance and have
sufficient financial resources to ensure that they can satisfactorily provide the
goods and/or services required herein.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 20
000,
Bidders shall submit financial statements for each of their last two complete fiscal
years within ten (10) calendar days, upon written request. Such statements
should include, as a minimum, balance sheets (statements of financial position)
and statements of profit and loss (statement of net income). When the bid
submittal is from a Joint Venture, each bidder involved in the Joint Venture must
submit financial statements as indicated above.
Any bidder who, at the time of bid submission, is involved in an ongoing
bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution
proceeding, or if a trustee or receiver has been appointed over all or a substantial
portion of the property of the bidder under federal bankruptcy law or any state
insolvency, may be declared non-responsive.
19. Equal Benefits Ordinance
Bidders are advised that this Bid and any contract awarded pursuant to this
procurement process shall be subject to the applicable provisions of Ordinance
No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal
Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all
employees of a Contractor who work within the City limits of the City of Miami
Beach, Florida; and the Contractor's employees located in the United States, but
outside of the City of Miami Beach limits, who are directly performing work on the
contract within the City of Miami Beach.
All bidders shall complete and return, with their bid, the "Declaration: Non-
discrimination in Contracts and Benefits" form contained herein. The City shall
not enter into any contract unless the bidder certifies that such firm does not
discriminate in the provision of Benefits between employees with Domestic
Partners and employees with spouses and/or between the Domestic Partners
and spouses of such employees. Contractors may also comply with the
Ordinance by providing an employee with the Cash Equivalent of such Benefit or
Benefits, if the City Manager or his designee determines that the successful
bidder Contractor shall complete and return the "Reasonable Measures
Application" contained herein, and the Cash Equivalent proposed.
It is important to note that bidders are considered in compliance if bidder
provides benefits neither to employees' spouses nor to employees' Domestic
Partners.
Following this page please find a Q & A of the major points of the proposed
Ordinance. Additionally, the following documents need to be returned to the City
with your bid:
• Declaration: Nondiscrimination in Contracts and Benefits Form
• Reasonable Measures Application Form
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 21
PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY
The foregoing analysis provides a summary of the major points of the proposed
Ordinance:
1) What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with the City of
Miami Beach, who are awarded a contract pursuant to competitive bids, to provide
"Equal Benefits" to their employees with Domestic Partners, as they provide to
employees with spouses.
2) How are "Equal Benefits" defined and what kind of "Benefits" does
the Ordinance cover?
"Equal Benefits" means that contractors doing business with the City who are covered
by the Ordinance shall be required to provide the same type of benefits that they offer to
employees and their spouses, to employees with Domestic Partners.
The type of "Benefits" defined by the Ordinance and which may be offered by a
contractor include: sick leave, bereavement leave, family medical leave, and health
benefits.
The "Benefits" defined in the Ordinance are the same type of benefits that the City
provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City
Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the
Ordinance a Contractor is not required to provide all the above-described benefits.
Contractors are only required to offer the same type of Benefits they offer to their
employees with spouses, to employees with Domestic Partners. Additionally, a
Contractor who offers no benefits to employees or their spouses, would not be required
to offer any benefits to employees with Domestic Partners (and would still be in
compliance with the Ordinance).]
3) Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic Partner" shall mean any two (2) adults of the same or different sex who
have registered as domestic partners with a government body pursuant to state or local
law authorizing such registration, or with an internal registry maintained by the employer
of at least one of the domestic partners.
4) What type of Contracts and/or which Contractors are covered by
the Ordinance?
The Ordinance only applies to the following:
• Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
• Contracts valued at over $100,000.
• Contractors who maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks in either the current or the preceding calendar
year.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 22
• Contractors covered by the Ordinance are only required to comply as to
employees who: 1) either work within the City limits of the City of Miami Beach; or
2) the contractor's employees located in the United States, but outside of the City
limits, only if those employees are directly performing work on the City contract
(covered by the Ordinance).
5) In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
• The City contract has been has been entered into prior to the effective date of
the Ordinance (including renewal terms contained in such contracts).
• The City contract is not competitively bid.
• The City contract is valued at less than $100,000.
• The contractor has less than 51 employees.
• The contractor does not provide Benefits either to employees' spouses or to
employees' Domestic Partners.
• The contractor is a religious organization, association, society or any non profit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or
society.
• The contractor is another government entity.
The following City contracts are not covered by the Ordinance:
• Contracts for sale or lease of City property.
• Development Agreements.
• Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by
the City's Office of Community Development
• Cultural Arts Council grants
• Contracts for professional A/E, landscape A/E, or survey and mapping
services procured pursuant to Chapter 287.055, Florida Statutes ("The
Consultants Competitive Negotiation Act".
• Contracts for the procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, or any and all other kinds of insurance for the
officers and employees of the City and their dependents, from a group
insurance plan.
The Ordinance provides, upon written recommendation of the City Manager, that the
City Commission may, by 5/7ths vote, waive application of the Ordinance for the
following:
• Emergency contracts.
• Contracts where only one bid response is received.
• Contracts where more than one bid response is received, but none of the
bidders can comply with the requirements of the Ordinance.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 23
The City's ability to apply the Ordinance may also be preempted in instances where the
Ordinance impacts health, retirement, or pension program which fall within the
jurisdiction of the Employee Retirement Income Security Act (ERISA), and may under
certain circumstances be held invalid under Federal preemption.
6) How is the Ordinance enforced by the City?
• City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the issued bid
documents.
• At the time of entering into the contract with the City, the proposed City
contractor shall certify to the City that it intends to provide Equal Benefits,
along with the description of its employee benefits plan, which needs to be
delivered to the Procurement Director prior to entering into the contract.
• The City has the ongoing right to investigate/audit contracts for compliance
with the provisions of the Ordinance.
• The contractor is required to post notice to its employees at its place of
business that it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to
comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort
to provide Equal Benefits, it can still comply with the Ordinance by providing an
employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's
employees and their spouses.
8) What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may
result in the following:
• Breach/default under the contract.
• Termination of the contract.
• Monies due under the contract may be retained by the City until
compliance is achieved.
• Debarment of contractors from City work, as prescribed by the City
Code.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 24
B E 4
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1. Vendor Information
Name of Company: Name of Company Contact Person:
Phone Number: Fax Number: E-mail:
Vendor Number (if known):
Federal ID or Social Security Number:
(If 50 or Tess, skip to last page (26),
Approximate Number of Employees in the U.S.:
date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No
Union name(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination - Protected Classes
A. Does your company agree to not discriminate against your employees, applicants for
employment, employees of the City, or members of the public on the basis of the fact or
perception of a person's membership in the categories listed below? Please note: a "YES"
answer means your company agrees it will not discriminate; a "NO" answer means your
company refuses to agree that it will not discriminate. Please answer yes or no to each
category.
Race _ Yes _ No Sex _Yes _ No
Color _ Yes _ No i Sexual orientation _ Yes _ No
Creed _ Yes _ No Gender identity (transgender status) _ Yes _ No
Religion _ Yes _ No : ' Domestic partner status _ Yes _ No
National origin _ Yes _ No Marital status _ Yes _ No
Ancestry _ Yes No . Disability _Yes _ No
Age _ Yes _ No ' AIDS/HIV status _ Yes _ No
Height _ Yes _ No Weight _ Yes _ No
B. Does your company agree to insert a similar nondiscrimination provision in any
subcontract you enter into for the performance of a substantial portion of the contract you
have with the City? Please note: you must answer this question, even if you do not intend
to enter into any subcontracts.
_ Yes _No
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 25
Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
!Questions 2A and 28 should be answered YES even if your employees must
pay some or all of the cost of spousal or domestic partner benefits.
A. Does your company provide or offer access to any benefits to employees with
spouses or to spouses of employees?
xYes _No
B. Does your company provide or offer access to any benefits to employees with
(same or opposite sex) domestic partners" or to domestic partners of
employees? _ Yes XNo
'The term Domestic Partner shall mean any two (2) adults of the same or different
sex, who have registered as domestic partners with a government body pursuant to
state or local saw authorizing such registration, or with an internal registry
maintained by the employer of at least one of the domestic partners. A Contractor
may institute an internal registry to allow for the provision of equal benefits to
employees with domestic partner who do not register their partnerships pursuant to
a govemmental body authorizing such registration, or who are Located in a
jurisdiction where no such governmental domestic partnership exists. A Contractor
that institutes such registry shall not impose criteria for registration that are more
stringent than those required for domestic partnership registration by the City of
Miami Beach
If vou answered "NO' to both Questions 2A and 2B, go to Section 4 (at the bottom of
this page), complete and sign the form, filling in all items requested.
If vou answered "YES" to either or both Questions 2A and 2B, please continue to
Question 2C below.
Question 2. (continued)
C. Please check ad benefits that apply to your answers above and list in the "other' section
any additional benefits not already specified. Note: some benefits are provided to
employees because they have a spouse or domestic partner, such as bereavement leave;
other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT
EHealth
Dental
Vision
Retirement (Pension,
401(k), etc.)
Bereavement
Family Leave
Parental Leave
Employee Assistance
Program
Relocation & Travel
Company Discount,
Facilities & Events
Credit Union
Child Care
Other
Yes for Yes for Employees
Employees with with Domestic
Spouses Partners
r
x I ac
X I x
;x I x
x I x
0
0
rX
No, this Benefit
is Not Offered
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 26
Documentation of this
Benefit is Submitted
with this Form
IT
0
u
u
n
0
n
u
0
IJ
r1:
Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons
outside your control, (e.g., there are no insurance providers in your area wiling to offer
domestic partner coverage) you may be eligible for Reasonable Measures compliance.
To comply on this basis, you must agree to pay a cash equivalent, submit a completed
Reasonable Measures Application with all necessary attachments, and have your
application approved by the City Manager, or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without
proper documentation, your company cannot be certified as complying with the City's Equal Benefits
Requirement for Domestic Partner Ordnance. For example, to document medical insurance submit a statement
from your insurance provider or a copy of the eligibility section of your plan document; to document leave
programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does
not exist, attach an explanation.
Have you submitted supporting documentation for each benefit offered?
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and
ed to bind this entity contractually,
Aui[ust , in the year 2007 , a1 Davie FL
City State
405 SW 148 Avenue; Suite One
Mailing Address
Signature ..
Carlos Ardavin Davie, FL 33325
Name of Signatory (please print) City, State, Zip Code
Vice President
Title
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 27
T H E
TOWER
Health Insurance:
Enclosed, you will find a benefits package for United Healthcare S56C Choice HMO
health insurance. You are eligible for health insurance on the 1st of the month after 90
days from date of hire (i.e. If your hire date is May 3rd, your insurance would begin on
Sept 1). You must submit your application on the 10th of the month prior to your
effective date. Tower will pay 100% of the employee's coverage. Listed below please find
the rates for all of the plans that we offer. The biweekly payroll deductions for additional
coverage are as follows:
Employee only $0
Employee + Spouse $178.22
Employee + Children $155.55
Employee + Family $315.31
Dental Insurance Costs:
Attached, you will find Summary of Benefits for Comp Benefits DHMO / PPO dental
insurance. Your eligibility for the dental is the same as the health insurance (1st of the
month after 90 days from date of hire).You must submit your application by the 10th of
the month prior to your effective date. The biweekly payroll deductions for additional
coverage are as follows:
DHMO PPO
Employee only $0 $5.99
Employee + Spouse $6.79 $18.81
Employee + Children $5.61 $18.99
Employee + Family $14.23 $35.33
Life Insurance
Effective November 1, 2006 all full time eligible employees will receive a minimum of
$25,000 of group life insurance paid for by The Tower Group. Your eligibility is the
same as your dental and health insurance.
You will also have the opportunity to purchase additional supplemental life insurance
,.. for you and your dependents. The costs for the additional supplemental life insurance
will be on the application.
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration: Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONLY IF
you:
a. Have taken all reasonable measures to end discrimination in benefits; and
b. Are unable to do so; and
c. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if
written responses are unavailable, summaries of oral responses; and
4. Any other information you feel is relevant to documenting your inability to end discrimination
in benefits, including, but not limited to, reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity
contractually.
405 SW 148 Avenue; Suite One
print) Mailing Address of Company
Davie, FL 33325
City, State, Zip
Carlos Ardavin 954-476-3200
Name of Signatory (please print) Telephone Number
Vice President
Title
Date
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 28
A Zcio
Definition of Terms
A. REASONABLE MEASURES
The City of Miami Beach will determine whether a City Contractor has taken all reasonable
measures provided by the City Contractor that demonstrates that it is not possible for the City
Contractor to end discrimination in benefits. A determination that it is not possible for the City
Contractor to end discrimination in benefits shall be based upon a consideration of such factors as:
(1) The number of benefits providers identified and contacted, in writing, by the City Contractor,
and written documentation from these providers that they will not provide equal benefits;
(2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and
(3) The existence of federal or state laws which preclude the City Contractor from ending
discrimination in benefits.
B. CASH EQUIVALENT
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or
spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if
applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to
an employee for his or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that would be allowed as paid
time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner
employee for the number of days allowed.
b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly
premiums that are being paid for the domestic partner employee, to be paid on a regular basis while
the domestic partner employee maintains the such insurance in force for himself or herself.
c. For family medical leave, cash payments for the number of days that would be allowed as time
off for an employee to care for a spouse that has a serious health condition. Cash payment would
be in the form of wages of the domestic partner employee for the number of days allowed.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 29
00305. TECHNICAL REVIEW PANEL EVALUATION PROCESS
Prior to convening of Technical Review Panel, the sequence of events will be as
follows:
• Invitation to Bid issued.
• Pre -Bid Meeting held.
• Receipt of bids.
• Opening and listing (except pricing) of all bids received.
• Review all bids for responsiveness.
• Distribution of all responsive bids to the Technical Review Panel for evaluation.
The evaluation process to be used by the City Administration for this bid will be one of
"Best Value" (BV) Procurement, meaning that the City Administration will, in addition to
price, consider past performance of the Contractor's team on previously completed
projects; a Risk Assessment / Value Added Submittal (RAPNAS) prepared for this
project by the contractor and included as part of the submittal; and the qualifications of
key members of the proposed Contractor's team to perform based on interviews
conducted by the Review Panel. (See Section 00315)
The TECHNICAL REVIEW PANEL (the "Panel") will rank all responsive bidders and
submit their recommended ranking to the City Manager. The evaluation and scoring
process to determine the ranking of bidders will be as follows:
1. RAP / VAS submittal (20 points). A Preliminary Project Schedule should be
attached to the RAP / VAS. The description for the risks identified in the RAP should
not have any additional cost or time, but are risks that the contractor will try to
minimize. Value Added Submittals (VAS) may increase / decrease project cost or
time.
2. Past performance based on number and quality of the Performance Evaluation
Surveys received (10 points).
3. Presentation and Interview of Key personnel (30 points).
4. Bid Price (40 points).
A. If a firm's base bid price is within the Estimated Proiect Construction Budaet
The panel will convene to evaluate, score, and rank all responsive bidders based on
the above -stated criteria and utilize the following steps: The Panel's
recommendation is advisory and will be presented to the City Manager.
(1) If there is more than one bidder and following completion of the evaluation process
and scoring, the top-ranked firm has the lowest bid price, the Panel may recommend
that firm as the BV selection to the City Manager for award of the contract.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 30
"` (2) If there is more than one bidder and following completion of the evaluation process
and scoring, the top-ranked firm's price is not greater than 5% above the price of the
next -ranked firm, the Panel may recommend the top-ranked firm as the BV selection
to the City Manager for award of the contract.
(3) If the top ranked firm's price is more than 5% above the next -ranked firm's price, the
Panel shall include, in its recommendation to the City Manager, its justification for
recommending the top-ranked firm's as the BV selection.
(4) If there is only one bidder, following completion of the evaluation process and
scoring, the Panel may recommend that firm for award of contract, to the City
Manager.
B. If a firm's base bid price exceeds the Estimated Proiect Construction Budget
The contractor shall be required to include, as part of the submittal, a breakdown of
the Lump Sum (base bid) amount, as listed in Section 00407, with sub -totals for
Divisions 1 through 16, as noted in Section 02000. The pricing information,
including the sub -totals for Divisions 1 through 16, will be shared with the Panel at
the evaluation meeting prior to the interviews of the key members of the contractor's
team. During the interview process, the contractor is expected to explain why their
bid amount exceeds the estimated project construction budget.
(1) If all bidders exceed the budget and following completion of the evaluation
process and scoring, the top-ranked firm's price is the lowest price, the Panel
may recommend the top-ranked firm as the BV selection to the City Manager for
award of the contract, but only if the following criteria are met:
1. The top-ranked firm is the unanimous choice of the Panel;
2. No procurement -related issues are identified by the City's Procurement
Office; and
3. No technical or funding issues are identified by the City's CIP Office.
(2) If all bidders exceed the budget, and following completion of the evaluation
process and scoring the top-ranked firm's price is not the lowest price, then
the Panel may consider the firm with the lowest price and, may recommend it as the
BV selection to the City Manager for award of the contract only if the following
criteria are not met:
a. The top-ranked firm is the unanimous choice of the Panel;
b. No procurement -related issues are identified by the City's Procurement
Office; and
c. No technical or funding issues are identified by the City's CIP Office.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 31
d. If there is only one bidder, following completion of the evaluation process
and scoring, the Panel may recommend that firm for award of contract.
Citv Manaaer's Review
After considering the recommendation of the Panel, the City Manager shall exercise
his due diligence and recommend to the Mayor and City Commission the bid that
the City Manager deems to be in the best interest of the City. If only one bid
response is received, the City Manager, without any action by the Mayor and City
Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City
Code, to exercise any of the following options:
1. Reject the bid and, if he determines that same is in the best interest of the City
and re -advertise the project for bidding; or
2. Request that the Mayor and City Commission make additional funds available
and proceed to negotiate an agreement with the sole bidder.
In addition, if there are two or more bidders, the City Manager may also negotiate
an agreement with the lowest and best bidder exceeding the budgeted amount of
the work. If the City Manager is unable to successfully negotiate an agreement with
the lowest and best bidder, the City Manager may terminate negotiations with such
bidder and commence negotiations with the second lowest and best bidder. If the
City Manager is unable to successfully negotiate an agreement with the second
lowest and best bidder, the City Manager may terminate negotiations with the
second bidder and commence negotiations with the third lowest and best bidder.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 32
00310. CITY COMMISSION AUTHORITY
Award of Contract: The City Commission shall award the contract to the lowest and
best bidder. In determining the lowest and best bidders, in addition to price they shall
be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified, without
delay or interference.
c. The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and ordinances
relating to the Contract.
The City Commission shall consider the City Manager's recommendation(s) and, may
approve or reject the City Manager's recommendation(s). In any case, the Mayor and
City Commission shall select and authorize negotiations with the bidder(s) which the
Mayor and Commission deem to be in the best interest of the City pursuant to the
determination of award criteria of lowest and best bid. The City Commission may also
reject all bids received.
The selection or approval by the City Commission shall not constitute a binding
contract between the City and the selected or approved bidder(s). A binding contract will
exist upon the completion of successful negotiations as determined by the
Administration, the City Attorney's Office form approving the contract or contracts, and
the Mayor and City Clerk or their respective designees signing the contract(s) after the
selected or approved bidder(s) has (or have) done so. Only the executed contract(s)
will be binding on the contracting parties.
Following Commission approval, and prior to execution of the contract with the selected
bidder, there shall be a Pre -Award period during which time the contractor is expected
to produce a Best Value Risk Management Plan. The Risk Management Plan will be
developed taking into consideration the: RAPNAS included in the contractor's submittal;
any other risks, identified by other contractors, that the City deems pertinent to the
project; any concerns or issues, expressed by the client, that could negatively impact
the project's cost and schedule; key personnel interview minutes; contract plans and
specifications; and other issues discussed during the Pre -Award period.
During the Pre -Award period and the development of the Risk Management Plan, the
contractor is expected to complete a number of tasks and activities meant to both
identify risks that the contractor does not control (and the contractor's plan to minimize
those risks) as well as helping to clarify any client concerns and intent. These activities
include: reviewing the design and requirements in detail, identifying any issues or
concerns and seeking clarifications and approvals for any value-added or value -
engineering proposals; coordinating with suppliers and sub -contractors to make sure
there are no issues with the requirements, costs or
delivery schedules; submitting a detailed schedule of the entire project, including critical
milestones and any client action items; coordinating with all client representatives and
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 33
permitting agencies to ensure that their requirements can be met; coordinating any
value-added submittals, including providing justifications of their associated costs, if
requested; and submittal of an approved Risk Management Plan. The contractor will be
required to submit a standard BV weekly risk management report. The contractor's Best
Value Risk Management Plan and weekly reporting format will be included in the
contract.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 34
00315. BID SUBMISSION REQUIREMENTS
The following information should be submitted with you bid response
1.01 CONTENTS OF QUALIFICATION STATEMENT
Bid packages must contain the following documents, each fully completed, and
signed as required. Bid packages which do not include all required
documentation, or are not submitted in the required format, or do not have the
appropriate signatures on each document, may be deemed in the City's sole
discretion to be non-responsive. The City reserves the right to request any
documentation omitted, with exception of the 5% Bid bond and the Bid Price form
in a sealed envelope, bidder must submit the documentation within three (3)
calendar days upon request from the City, or the bid shall be deemed non-
responsive. Non-responsive bid packages will receive no further consideration.
A. IDENTIFICATION PAGE AND TABLE OF CONTENTS
Bidder shall provide an Identification Page including the following information:
• Name of Bidder. (Note: if co venture, specify)
• Address of submitting Bidder. (Note: if co venture, specify)
• E-mail address for the appropriate contact person at the submitting
company.
• Phone number and facsimile number of submitting Bidder.
• Federal Tax Identification Number for submitting Bidder.
• Declaration regarding company organization, whether as Corporation,
Partnership, or other. (Note: if co venture, specify)
• Signature of an officer or other individual of the submitting Bidder who has
the authority to .bind said Bidder.
• Printed name of the authorized signing officer or other individual.
• Title of the authorized signing officer.
• Date of signature.
• Table of Contents.
B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM
It is a requirement of the bid that the Bidder, staff the project with competent
individuals, and qualified supervisory personnel. To that end, the Bidder shall
provide:
Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e.,
General Contractor, sub -contractors, and key personnel) ability to execute the
type of work described within the Contract Documents of this Invitation to Bid
(ITB).
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 35
It is recommended that the bidder provide representative projects as outlined
above to include the following information and components:
• Bidder's role
• Project name
• Project location
• Brief description of work performed
• Names, addresses, telephone number, fax number, and contact name
for the following:
• Owner or Agency
• Name of General Contractor's project manager and field superintendent
• Awarded contract amount and final contract amount
• Project Status (Projects may include finally completed projects).
• An organizational chart listing the proposed key personnel, their qualifications
and their roles in the project, resumes which shall include educational
background, work experience, employment history, and any other pertinent
information. Where applicable, Bidder team members shall also submit
current and valid certifications and/or licenses for their individual scope of
supervision. At a minimum, the bidder shall include the following proposed
project team members:
• Construction Project Manager
• Construction Superintendent
• Site Foreman
• A staffing plan that clearly illustrates the key elements of the proposed
organizational structure. The staffing plan should indicate the availability of
the personnel proposed to work on the Project. The staffing plan should also
indicate the name of the individual who will serve as the primary contact with
City. Bidder shall clearly detail the role of all Sub -contractors proposed for
the Project.
C. PAST PERFORMANCE
Please provide your client with the Performance Evaluation Letter and Survey
attached herein on pages 43 and 44 , and request that your client submit
the completed survey to Stephanie Campaniony, Procurement Specialist at
the following e-mail stephaniecamoanionv(a7miamibeachfl.aov
Please understand that we will not accept Client Surveys being sent to
our office from the office of the bidder, Surveys must be sent to
Procurement from your client's office(s). Contractors are responsible for
making sure their clients return the Performance Evaluation Surveys to the
City. The City reserves the right to verify and confirm any information
submitted in this process. Such verification may include, but is not limited to,
speaking with current and former clients, review of relevant client
documentation, site -visitation, and other independent confirmation of data.
D. RISK ASSESSMENT AND PROJECT SCHEDULE
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 36
All bidders must submit one (1) original and ten (10) copies of the Risk -
Assessment Plan. The Risk -Assessment Plan should not be longer than
two paces front side of page only. The RAP should not contain anv
reference to the bidders name within the document. Please exclude anv
letterhead or Iogos, anything that can identify your company's name.
(Note: The City reserves the right to request, from the bidder, to re -submit the
RAP in cases where the RAP has exceeded the four pages of length or any
RAP that has been identified with the bidder's name or logo. Consultants
must submit the documentation within three (3) calendar days upon request
from the City, or the proposal shall be deemed non-responsive.) The RAP
should be submitted in a sealed labeled envelope and included within the ITB
submission. The Risk -Assessment Plan should address the following items in
a clear and generic language: (Please refer to Section 00315. BEST VALUE
PROCUREMENT ATTACHMENTS AND FORMS, Attachment No. 3 and 4
found on pages 45 - 48 ).
The RAP should address the following items in a clear and generic language:
(1) What risks the project has. (Areas that may cause the Contractor not to
finish on time, not finish within budget, cause any change orders, or be a
source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize.
(3) Propose any options that could add value to this project.
(4) Explain the benefits of the Risk Assessment Plan. Address the quality and
performance differences in terms of risk minimization that the City can
understand and what benefits the option will provide to the user. Do not
provide brochures or marketing pieces.
5) Please make sure you attach a preliminary Project Schedule behind the
Risk Assessment Plan
E. BID PRICE
Bidders are required to submit their bid price lump sum using the form found
on page 56 and attach also the Unit Price Form found on page 57 herein.
Bidders are to submit this form in a sealed envelope but separate from the
sealed Risk Assessment envelope. Labeling the sealed envelope with your
company's name is permitted. The Bid Price (Phase III), shall be evaluated
and ranked at the end of the Technical Review Panel Meeting and the score
added to Phases I and II to arrive at a final score for each bidder.
00320. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS
ATTACHMENT 1
Detailed Instructions on How to Prepare a Reference List and How to
Prepare and Send Performance Surveys
Overview
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 37
The objective of this process is to identify the past performance of a contractor and key
components of their team. This is accomplished by sending survey forms to past customers.
The customers will return the forms directly to the City, and the ratings will be averaged together
to obtain a contractor's past performance rating. The figure below illustrates the survey process.
Vendor or Individual
Send/Fax
Surveys to
past clients
CaII to
Confirm
Past Customers
Prepare & Email
Reference List
-01
Faxes back to
the City
Figure 1: Survey Process
A. Creating and Submitting a Reference List
CLIENT
The City
Compiles
Information
1. All key components must create a list of past users that will evaluate their past performance.
This will be referred to as a "Reference List". The Reference List Excel file can be
downloaded from RFP Depot under ITB -34-06/07 or can be sent to you via E-mail, please
send an E-mail to steohaniecamganionvOmiamibeachfl.aov requesting the file.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 38
2. The key components may be different for each project. If you are proposing on a specific
project, please make sure to find out what the critical components are for that aroiect. The
following are the key components to be used for this bid:
Key Component Minimum Number of Maximum Number of
Surveys allowed Surveys allowed
The Contractor 1 25
The Construction Project Manager 1 10
The Construction Superintendent 1 10
3. The Contractor is responsible for selecting their team and for the performance of their team.
We recommend that the Contractor use high performing individuals (i.e. project manager,
and any other individuals required on a particular project).
4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each
Contractor, and 10 (ten) for each individual (PM, etc.). The minimum number of past
projects is 1 (one) for each key component. Credit will be given to vendors with more high
performing surveys.
5. The reference list should include the firms/individuals "best" projects. Credit will be given to
Contractor / individuals with more high performing surveys.
6. The Reference List must include the following (All fields are reauired! If you do not submit
all the information required, there will be no credit given for the reference):
CODE A unique (different) number assigned to each project
FIRST NAME First name of the person who will answer customer satisfaction questions.
LAST NAME Last name of the person who will answer customer satisfaction questions.
PHONE NUMBER Current phone number for the reference (including area code).
FAX NUMBER Current fax number for the reference (including area code).
CLIENT NAME Name of the company or institution that the work was performed for (i.e.
Cactus School District, Rock Industries, City of Austin).
PROJECT NAME Name of the project (Bird High School A -Wing, Warehouse B, etc.).
DATE COMPLETED Date when the project was completed. (i.e. 5/31/1995)
[MM/DD/YYYY]
COST OF PROJECT Awarded cost of project ($50,000)
7. The data in the reference list must be submitted must be emailed to Stephanie Campaniony
at steohaniecamoanionvemiamibeachfl.aov . (The format of the file is shown in Figure 2).
8. The Contractor is responsible for verifying that their (and their key components) information
is accurate prior to bid submission.
9. The reference list must contain different Droiects. You cannot have multiple people
evaluatina the same iob. However, one person may evaluate several different jobs.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 39
=1
2
_3
4
5
Attachment 4 - Reterence List and Company Profile (Construction).xls
Kyle Smith
2 George Johnson
3 Phil McGill
4Bill Robinson
6 5 Matt Carnigan
7 6 Keith Jones
1 8 7 Gilbert Grey
9 8 John Grecko
N 4 ► M \ Prafile kReference List/
City of Mesa
549-785-9654 549-785-9655 City of Mesa
458-965-7852 458-965-7853 City of Mesa
136-621-1264 136-621-1265 ABB Warehouse
658-965-8965 658-965-8966 ADOT
458-965-8523 458-965-8524 City of Gilbert
486-965-8523 486-965-8523 City of Phoenix
486-965-8563 486-965-8563 ACG Buildings
Park
Police Building 3
Cafeteria #1
Warehouse renovation
Stapley Road Overpass
Road Renovation
Street Light Installation
Building 456 renovation
Figure 2: Example of Reference List
5/15/2000
618/1999
7/6/1980
6/2/1995
1/512'002
5/4/2003
7/2/1990
8/2/2003
$36,569
$452,389
$12,648
5154,893
$15,648 1
$4,865,9231
$456,8761
$159,764 l;rr
10. The past projects (on the reference list file) do not have to be similar to the type of project
being bid.
11. The past projects must be completed past Droiects (no on-going or substantially complete
projects).
12. The past client/owner must evaluate and complete the survey.
13. All key components must submit their reference list in separate excel files. There must be a
separate excel file for each company and individual participating in the process. Name the
file by the company name or the individual name. Figure 3 shows a sample of the excel files
that must be emailed to the client.
Name
ABC Contracting - Reference List.xls
Mark McGraw (Project Manager) - Reference List.xls
Pam Hamilton (Site Super) - Reference List.xls
Spark Electrical Contractors - Reference List.xls
Bob and Sons Mechanical Contractors - Reference List.xls
Figure 3: Submit separate excel files for each component
Email Reference
lists to the client.
14. Each key component should inform their past clients about the survey and the deadline for
submission of the information. The City may contact the references for additional
information. If the reference cannot be contacted after several attempts, there will be no
credit given for that reference.
15. Each Excel file will have two tabs (see Figure 4 below). One tab contains the reference list
information (discussed above), and the second tab contains the company or individual
profile. The profile tab contains information about the key component (Contractor or
individual). Fill out the company information if the excel file is for the Contractor or
Individual. Fill out the individual information if the excel file is for an individual. DO NOT fill
out both sections in one excel file. (Remember: each component will have their own excel
file).
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 40
Microsoft Excel - C060516_CMB_ Copy of Reference List and Company Profile (A_E_SERVICES)
Arial .. 10 .,
C4
A 1
t :) 0 ( E F G 1 14 1 1 1 J 1 K
Please Fill out only one of the forms below. If this reference list is for a company, please use the Company form on top. II this
reference list is for and individual, please put their information in the second form below. D0 NOT RI out both. Remember there
1 must be a separate ercel file for each individual participating in the process.
2
3 Company
Cowan, Name: `I I i
Tgpe:1
Point of Contact:)
Phone Number:1
Fax Number:) oR
Email: a I e
10
11
12
1
15
16
17
16
19
0
21
22
(ANE Firm, Landscape Architecture Firm, Traffic Engineering Firm, etc)
Individual
Individual Name:1
Toe:1
Compang Name:
Phone Number:
Fas Number:)
Email
Project Manager, etc.)
Figure 4: Example of the Profile tab.
This tab contains information about the key component (whether it is an individual or firm)
B. Preparing the Surveys
1. Each key component is responsible for sending out a survey questionnaire to each of their
past clients. The survey questionnaire is provided in this document.
2. Each key component should enter the Survey ID (Code), past clients contact information,
and project information on each survey form for each reference. The team member should
also enter the name of the firm and/or individual being surveyed.
3. All the information on the survey form must match the reference information in the excel file
(see Figure 5).
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 41
Attachment 4 - Reference list and Company Profile (Construction
Kyle
o,rti
Phil M
Jake McReaken
Bob Hardy
Mitchell Adams
7 Bill Robinson
9 1 8 ohm Grecko
44 4 I. IN _. eference List/
458-963-8562 458-963-8563 City of Mesa Mesa Park 5/15(2000 $36,589
549-785-9654 549-785-9655 City of Mesa Police Building 3 6/8/1999 $452,389
58-965-7852 458-965-7853 City ofMesa Cafeteria #1 7/6/1980 $12,648
136-621-1264 136-621-1265 ABB Warehouse Warehouse renovation 6/2/1995 $154,893
658-965-8965 658-965-8966 ADOT Stapley Road Overpass 1/5/2002 $15,648
458-965.8523 458-965-8524 City of Gilbert Road Renovation 5/42003 $4,865,923 1
486-965-8523 486-965-8523 City of Phoenix Street Light Installation 72/1990 $456,876
486-965-8563 486-965-8563 ACG Buildings Building 456 renovation 82/2003 $159764 v
is .. >
Survey Questionnaire
To: ! Phil McGiII
1 (Name of person completing survey)
;Phone:
458-965-7852
Survey ID
:Subject: Past Performance Survey of: ' ABC
;.._Fax: j 458-965-7853
(Name of Company)
i Mark McGraw (PM), Pain Hamilton (SS)
(Name of lnafviduals)
A Client is implementing a process that collects past performance information on firms and their key
personnel. The information will be used to assist the client in the selection of firms to perform various
projects. The firm/individual listed above has listed you as a client for which they have previously
performed work on. We would appreciate your taking the time to complete this survey.
Rate each of the criteria on a scale of 1 to 10, with 10 representing that you were very satisfied (and
would hire the firmlindividual again) and 1 representing that you were very unsatisfied (and would never
hire the firm/individual again). Please rate each of the criteria to the best of your knowledge. If you do
not have sufficient knowledge of past performance in a particular area, leave it blank.
;Client Name: i City of Mesa
!Project Name: ! Cafeteria #1
!Project Completion Date:: 7./6/1980
1 NO
1
CRITERIA UNIT 1
Ability to manage the project cost (minimize change orders) (1-10)
Figure 5: Example of Survey Form. The information -it match the excel file.
To save work in the future, list all key individuals on the survey that participated on the project.
4. If a reference will be evaluating several team members (such as the PM), please list all of
the members on the survey form to get credit for all the areas (as shown in Figure 5).
5. Do not list more than one individual for the same position (i.e. if Joe Smith was a PM on the
project, you cannot list another individual as a PM on that same project).
6. Each key component is responsible for making sure that their past clients receive the
survey, complete the survey, and return the survey back to the City. The survey must be
sent directly from the past client to the City or your survey will not receive credit. Be sure to
indicate to your clients the due date when the survey should be faxed in to the City.
7. The City may contact the references for additional information or to clarify survey data. If the
reference cannot be contacted, there will be no credit given for that reference.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 42
ATTACHMENT 2
ID MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7493 , Fax: 305.394.4008
June 29, 2007
To:
(Client's Name)
Individual Providing the Survey Response:
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
Number of pages including cover: 2
To Whom It May Concern:
The City of Miami Beach has implemented a process that collects past performance
information on various Contractors that have the qualifications and experience in
providing construction of underground utilities.
The company listed in the subject line has chosen to participate in this program. They
have listed you as a past client that they have done work for. Both the company and
City of Miami Beach would greatly appreciate you taking a few minutes out of your busy
day to complete the accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best
of your knowledge. If you have difficulty or cannot decipher the question's meaning,
please provide your best judgment as to it's understanding and score accordingly.
Please return this questionnaire to Stephanie Campanionv by Auaust 10. 2007 or
earlier by fax: 786.394.4008; or e-mail steDhaniecampanionvemiamibeachfl.qov
Please provide one Survey for the Contractor and one Survey for the Construction
Project Manager or Construction Superintendent who directly worked on your project.
Thank you for your time and effort.
Gus Lopez, CPPO
Procurement Director
(Consultant firm and/or Project Manager/Cost Estimator)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 43
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7493, Fax: 305.394.4008
PERFORMANCE EVALUATION SURVEY
Project Name:
❑ Contractor (Bidder)
(Check one)
❑ Construction Project Manager and/or Construction Superintendent (Individual)
Name of Above
Phone or e-mail of above Consultant or Individual:
Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or
Construction Superintendent (10 means you are very satisfied and have no questions about hiring them
again, and 1 is if you would never hire them again because of very poor performance, please leave blank
if you don't know).
NO CRITERIA UNIT
1 Ability to manage the project cost (minimize change orders) (1-10)
2 Ability to maintain project schedule (complete on-time or early) (1-10)
3 Quality of workmanship (1-10)
4 Professionalism and ability to manage (includes responses and (1-10)
prompt payment to suppliers and subcontractors)
Close out process (no punch list upon turnover, warranties, as -
5 builts, operating manuals, tax clearance, etc. submitted (1-10)
promptly)
6 Communication, explanation of risk, and documentation (1-10)
Ability to follow the users rules, regulations, and requirements (1-10)
(housekeeping, safety, etc...)
8 Overall customer satisfaction and hiring again based on (1-10)
performance (comfort level in hiring contractor again)
Overall Comments:
Agency or Contact Reference Business Name:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
PLEASE E-MAIL THIS QUESTIONNAIRE TO
stephaniecamoanionv( miamibeachfl.aov
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 44
ATTACHMENT 3
Risk Assessment Plan Guide
Introduction
The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to
preplan (identify the risks on a future project in terms of cost ($), time, and client
expectation of quality and performance). The RAP is used to:
1. Assist the client in prioritizing firms based on their ability to understand the risk of a
project and their plan to mitigate that risk.
2. Provide high performing vendors the opportunity to differentiate themselves due to
their experience and expertise through value-added offerings.
3. Giving the competitive edge to experienced companies who have successfully
completed similar work before, who can plan the job from beginning to end, and who
know how to minimize the risk.
4. Provide a mechanism for the high performers to regulate the low performers by
ensuring that if they are not selected, the selected company will minimize the risk
and provide the client with a comparable performance.
The RAP document or portions thereof. submitted by the successful bidder may be
included within the contract documents. The City of Miami Beach reserves the riaht to
accept or reiect any of the risk items. Additionally. the successful bidder will be reauired
to submit a iustification of the cost associated with any of the value-added offerinas in
their Risk Assessment for analysis by the City upon reauest.
In addition to the above. the risks identified on the Risk Assessment Plans or portions
thereof. of the unsuccessful bidders may become part of the Quality Control Plan that
will be prepared by the successful bidder as a result of negotiations. during the Pre -
Award phase. with the City.
RAPNAS Plan Format
The format for the RAP is attached. Within the RAP, the contractors should clearly
address the following items in a non-technical manner:
1. List and prioritize major risk items or decisions to be made that are unique to this
project. This includes items that may cause the project to not be completed on time,
not finished within budget, generate any change orders, or may be a source of
dissatisfaction for the City.
2. Explain how risk will be avoided / minimized. If the contractor has a unique method
to minimize the risk, it should be clearly explained.
3. Propose any options that could increase the value (expectation or quality) of their
work. List any value-added alternates that the contractor is bringing to the project.
4. Attach a Preliminary Project Schedule.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 45
No names!!! - In order to minimize any bias by the Technical Review Panel, the
RAPNAS must not contain ANY names (such as contractor, manufacturer, or
designer names, personnel names, project names, product names, or company
letterhead). The RAPNAS should not contain any marketing information.
Length - The City's goal is to make the selection process as efficient as possible.
Efficiency is to minimize the effort of all participants, especially those who will not get
the project. Therefore, the RAP should be a brief, well organized and concise. The RAP
must not exceed 2 pages, does not include the preliminary project schedule or the
phasing plan, these are additional.
Oraanization - Outline format. The attached format is only a sample.
Impact of Risks
Risks are any concerns, events, and issues not covered by the contract documents that
your firm and your sub-contractor(s) may not directly control but which you should be
prepared to address and mitigate throughout the duration of the project as part of your
submittal. These are the most critical items that can impact the project's cost, schedule
time, and the City's quality expectations. The risks should be prioritized, or listed in
order by the greatest risks at the top to the lowest risk in descending order. The
description of the risks identified in the RAP should not have any additional cost or time,
but are risks that the contractor will try to minimize.
Rating of Risk Assessment PlanNalue Added Submittals
The RAPNAS will be rated by the Technical Review Panel assigned to this project.
Key elements of the RAP should include:
1. Identification and description of potential risks and plans to minimize/mitigate each
risk.
2. Presentation of value-added options or alternates, with a clear description of
associated benefit, and impact (+/-) on project's cost and schedule.
3. The Preliminary Project Schedule.
Checklist for Risk Assessment Plan
1. Are all names removed from the RAPNAS: personal, project, or company names?
2. Are risks listed, high impact risks? (Do not list risks that you can easily handle
unless you perceive others are not doing it)
3. Does the RAPNAS include all service, quality control processes; documentation that
you do that your competition does not.
4. Are Public Relation risks such as interfacing with project managers, users of the
facility, or audit/inspection personnel included?
5. Is a preliminary project schedule included?
6. Does your RAPNAS plan differentiate you? By how much?
7. Would your RAPNAS make technical and non-technical individuals comfortable with
hiring you?
8. Are the pages numbered?
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 46
9. Did you print one (1) original and ten (10) copies of your RAPNAS and enclose
them in a sealed envelope?
If all items are checked, your risk assessment plan is ready to submit.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 47
ATTACHMENT 4
Risk Assessment / Value -Added Plan Format
Major Risk Items
Identify project potential risks that your firm and your sub-contractor(s) may not directly control
and your plan to minimize each risk — included as part of your base submittal. Prioritize the
risks, listing the greatest risk first. You may add to the list as necessary.
Risk 1:
Plan to
Minimize Risk:
Risk 2:
Plan to
Minimize Risk:
Risk 3:
Plan to
Minimize Risk:
Risk 4:
Plan to
Minimize Risk:
Risk 5:
Plan to
Minimize Risk:
Risk 6:
Plan to
Minimize Risk:
Risk 7:
Plan to
Minimize Risk:
Risk 8:
Plan to
Minimize Risk:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 48
Risk 9:
Plan to
Minimize Risk:
Risk 10:
Plan to
Minimize Risk:
Value Added Options or Alternates (how you will differentiate yourself from
others)
Identify any proposed value-added options, or alternate services, not included in your base
submittal, with a brief description of how they add value to the project. Identify if each item will
increase or decrease project schedule, cost, or expectation. You may add/delete to the list as
necessary.
Item 1:
Impact: Cost, $ / Schedule,
Credit ($) + Days / (-) Days
Item 2:
Impact: Cost, $ / Schedule,
Credit ($) + Days / (-) Days
Item 3:
Impact: Cost, $ / Schedule,
Credit ($) + Days / (-) Days
Item 4:
Impact: Cost, $ /
Credit ($)
Schedule,
+ Days / (-) Days
Attach a Preliminary Proiect Schedule
(Do not include schedule impact from Value -Added Options)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 49
ATTACHMENT 5
Interview of Key Personnel
Introduction
The purpose of the interview is to rate the following key individuals in their respective
areas:
1. How well they see the project, from beginning to end.
2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and
have they preplanned for them.
3. Can they continuously improve?
4. Can they measure their own performance?
5. Can they minimize change orders, additional charges, and customer dissatisfaction?
6. Project Manager will be asked to provide a draft project schedule with at least 6
milestones and provide any risk and time associated with each of the milestones.
Format
The key personnel shall be evaluated by the Technical Review Panel during its
meeting(s), and should be prepared to attend if invited to provide a presentation. The
invited companies will be able to provide a brief presentation which will be followed by
the key personnel interviews conducted by the Technical Review Panel which may
include personnel from various City user departments.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 50
00400. BID/TENDER FORM:
Submitted: D j2o(
U 1
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
fully of all conditions pertaining to the place where the Work is to be done; that it has
examined the Contract Documents and all addenda thereto furnished before the
opening of the bids, as acknowledged below; and that it has satisfied itself about the
Work to be performed; and that it has submitted the required Bid Guaranty; and all other
required information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision
of the State of Florida, pursuant to the terms and conditions of the Contract Documents
and to furnish all necessary materials, equipment, machinery, tools, apparatus, means
of transportation, and all labor necessary to construct and complete within the .time
limits specified the Work covered by the Contract Documents for the Project entitled:
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
(Except Tenant Build -Out) "Add Alternate #1"
The Bidder also agrees to furnish the required Performance Bond and Payment Bond er
alternative form of security, if permitted by the City, each for not less than the total bid
price plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying the bid shall be
forfeited if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of
Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price bid in
figures and the price bid in words, the price in words shall govern. Bidder agrees that
any unit price listed in the bid is to be multiplied by,the stated quantity requirements in
order to arrive at the total.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 51
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Contract Documents:
A cisitaolia. ±--*tp
Attached is a Bid BondX1 Cash [ 1, Money Order [ 1, Unconditional Letter of Credit [
Treasurers Check [ I, Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ]
No. Bank of for
the sum of Dollars
($ ). in the amount of $ 00 equaling 5% of the Bid Price,
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder: The Tower Group, Inc.
City/State/Zip: 405 SW 148 Avenue; Suite One
Davie, FL 33325
Telephone No.: 954-476-3200
Social Security
No. or Federal
I.D.No.: 65-0584540
Dun and
Bradstreet No.: 88-477-5834
(if applicable)
If a partnership, names and addresses of partners:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 52
(Sian below if not incorporated)
WITNESSES: (Type or Print Name of Bidder)
(Sion below if incorporated)
ATTEST:
(CORPORATE SEAL)
(Signature)
(Type or Print Name Signed Above)
The Tower Group, Inc.
(Type or Print Name of Corporation)
Carlos Ardavin, Vice President
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: Florida
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 53
00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the City before or during construction or the percentage method or unit
method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO
THE CITY by virtue of this construction as part of the Contract is as follows:
The prospective bidder (General Contractor) must have a valid State of Florida
General Contractor's License.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE
COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE
THE RESPONSIBILITY OF THE GENERAL CONTRACTOR.
1. Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065 Florida
Statutes.
NOTE: a) If the contractor is a State of Florida Certified Contractor the
following will be reauired:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES
(COMPANY AND PERSONNEL) AND CORPORATE
CERTIFICATES WITH YOUR BID RESPONSE
As per FBC 1822.1.20, the City shall hire and pay for Special Inspectors for Piling as
required.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 54
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY $25.00
[X] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 63, Section 00540, to be considered
responsive.]
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 55
SCHEDULE OF PRICES BID:
BID NO. 34-06/07
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
(Except Tenant Build -Out)
BID FORM (Page 1 of 2)
Our LUMP SUM BID includes the total cost for the work specified in this bid,
consisting of furnishing all materials, labor, equipment, supervision, mobilization,
demobilization, overhead & profit, insurance, permits and taxes to complete the
Work to the full intent as shown or indicated in the Contract Documents.
Lump Sum Bid: $ a 6 II 0, 000
TWt%1vrY SgX M/LL/t2Al SEV(-7A/ id-vwtRce-fl SixTV NIA) Thous
Written Amount
ALTERNATE #1 "TENENT BUILD -OUT"
Lump Sum Bid: $ ct cl , 000
(24/.F M(L.(.Ir)n) Two i4Un)11 aL t NiNc'tf NIA/1;" T►3ousAND bot_c.42s
Written Amount
FIRM'S NAME (P • J. e): The Tower Group, Inc.
SIGNATURE:
TITLE/PRINTED NAME: ' Carlos Ardavin, Vice President
ADDRESS: 405 SW 148 Avenue: Suite One: Davie, FL 33325
TELEPHONE NUMBER: 954-476-3200 FAX: 954-474-3111
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 56
LIST OF UNIT PRICES
(For Information Purposes only)
BID FORM (Page 2 of 2)
Please provide the following cost for each unit line item and include this form together with your
Schedule of Prices Bid Form on the previous page. Both forms need to be submitted in a sealed
envelope, you may place your company's name on the outside of the envelope.
Work shall include all costs associated to complete the work
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 57
00410. BID GUARANTY BOND FORM (City to provide) (Standard Form used by
Surety Company is acceptable
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive
Miami Beach, Florida 33139 Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
(branch address)
of
in United States Funds
(Bank, Issuer name)
by order of and for the account
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
available by your drafts at sight, accompanied by:
1. A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative, that the drawing is due to default in performance of
obligations on the part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
Drafts must be drawn and negotiated not later than
(name of project)
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
of dated
(Bank name)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 58
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking
shall not in any way be modified, amended, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this Letter of Credit that such drafts will be
duly honored upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and
to the provisions of Florida law. If a conflict between the Uniform Customs and Practice
for Documentary Credits and Florida law should arise, Florida law shall prevail. If a
conflict between the law of another state or country and Florida la -+w should arise,
Florida law shall prevail.
Authorized Signature
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 59
00500. SUPPLEMENT TO BID/TENDER FORM:
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE
SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF
THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS
OF THE CITY'S REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
License/Certification#/Registration# # Years
CGCA38309 12
CGC 1509616 2 Months
1A. What business are you in? General Contractor
2. What is the last project of this nature that you have completed?
Midtown Miami South Block North
Have you ever failed to complete any work awarded to you? If so, where and
why?
No
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety
has intervened to assist in completion of the project, whether or not a claim was
made.
Not Applicable
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have performed work: See Attached
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 60
4.1.
(name) (address) (phone #)
4.2.
(name) (address) (phone #)
4.3.
(name) (address) (phone #)
5. List the following information concerning all contracts in progress as of the date of
submission of this bid. (In case of co -venture, list the information for all
co -venturers.)
ORIGINAL CURENT DATE OF % OF
NAME OF OWNER & CONTRACT CONTRACT COMPLETION COMPLETION
PROJECT PHONE # VALUE VALUE PER CONTRACT TO DATE
See Attached
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
Yes
7. Will you subcontract any part of this work? If so, give details including a list of
each subcontractor(s) that will perform work in excess of ten percent (10%) of the
contract amount, the approximate percentage, and the work that will be performed
by each such subcontractor(s). Include the name of the subcontractor(s) and the
approximate percentage of work.
See Section 06000
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
8. What equipment do you own that is available for the work and provide copy of
their maintenance records? See Attached
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 61
Make: Model: Year:
What equipment will you purchase for the proposed work?
Make: Model: Year:
Not Applicable
10. What equipment will you rent for the proposed work?
Make: Model:
2 Each - tower cranes
1 Each - Scissor Lift
Year:
11. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work that
used "Primavera P3" scheduling software.
See Section 00315
12. State the true, exact, correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation, state the name of the president and secretary. If a
partnership, state the names of alt partners. If a trade name, state the names of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is The Tower Groun. Inc.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 62
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation).
Corporation
12.3 The address of principal place of business is
405 SW 148 Avenue: Suite One., Davie, FL 33325
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
Lauro Bravar, President
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
Not Applicable
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the disposition of each such petition.
Not Applicable
12.7. List and describe all successful Performance or Payment Bond claims
made to your surety(ies) during the last five (5) years. The list and
BID NO: 3406/07
DATE: 06/19/07
CITY OF MIAMI BEACH
63
descriptions should include claims against the bond of the Bidder and its
predecessor organization(s).
Not Applicable
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought
by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project over which the
dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
See Attached
12.9. List and describe all criminal proceedings or hearings concerning
business related offenses in which the Bidder, its principals or officers or
predecessor organization(s) were defendants.
Not Applicable
12.10. Has the Bidder, its principals, officers or predecessor organization(s)
been debarred or suspended from bidding by any government during the
last five (5) years? If yes, provide details.
No
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 64
12.11. Under what conditions does the Bidder request Change Orders.
Permit revisions, Owner directed changes, Items not shown on bidding documents
12.12 You must provide the names of all individuals or entities (including your
sub -consultants) with a controlling financial interest. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10%
or more of the outstanding capital stock in any corporation or a direct or
indirect interest of 10% or more in a firm. The term "firm" shall mean any
corporation, partnership, business trust or any legal entity other than a
natural person.
OHL (Obrasco Huarte Lain SA)
12.13 Individuals or entities (including our sub -consultants) with a controlling
financial interest: have have not contributed to the
campaign either directly or indirectly, of a candidate who has been
elected to the office of Mayor or City Commissioner for the City of Miami
Beach. Please provide the name(s) and date(s) of said contributions
and to whom said contribution was made.
No
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL
INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY
BE REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS.
FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED IN THIS
QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF
MIAMI BEACH.
PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR
RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA
STATUTES AND REGULATIONS GOVERNING THIS TYPE OF PROJECT.
BID NO: 34-06/07
DATE: 06/19/07
CITY OF MIAMI BEACH
65
WITNESS:
Signature
Print Name
By:
General Partner
Print Name
Signature
" LA_
(43A4t\X\o t3L. '
Print Name uAddres
LOS
By:
President
(CORPORATE SEAL)
Attest:
BID NO: 34-06/07
IF PARTNERSHIP:
Print Name of Firm
Address
IF CORPORATION:
The Tower Group, Inc.
Print Name of Corporation
Secretary
cm( OF MIAMI BEACH
DATE: 06/19/07 66
00520. SUPPLEMENT TO BID/TENDER FORM
NON -COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this 20 day of aQ , 200 7
The undersigned, as Bidder, declares that the only persons interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder
number: B
Carlos Ardavin
PRINTED NAME
is based upon the documents identified by the following
Vice President
TITLE (IF CORPORATION)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 67
00530. SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE. SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The undersigned Bidder hereby certifies that it will provide a drug-free workplace
program by:
(1) Advising all employees/prospective employees, including those of subcontractors,
that a prerequisite condition of employment on the Project will be passing a drug
screening test.
(2) Certifying that a drug screening test shall be carried out prior to any employee
starting work and the cost of all tests shall be the responsibility of the Contractor and be
included in the Lump Sum Bid Price.
(3)
Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offerors workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(4) Establishing a continuing drug-free awareness program to inform its employees
about:
(5)
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraphs (1) & (3);
(6) Notifying all employees, in writing, of the statement required by subparagraphs (1) &
(3), that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 68
(7) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4 & 6) (ii) above, from an employee or otherwise receiving actual notice
of such conviction. The notice shall include the position title of the employee;
(8) Any employee who tests positive on a drug test and or is convicted of drug abuse
shall not be allowed to work on the Project site.
(9)
Within thirty (30) calendar days after receiving notice under subparagraph (4 & 6) of
a conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal,
state, or local health, law enforcement, or other appropriate agency; and
(10) Making a good faith effort to maintain a drug-free workpl ram through
implementation of subparagraphs(1) through (9).
STATE OF Florida
COUNTY OF Dade
instrument was acknowledged before me this 40 day of
, 20 07 , by Carlos Ardavin as
(name of person whose signature is being notarized)
(title) of The Tower Group, Inc.
(name of corporation/company)
to he the person desnribed herein, or who produced
and who did/did not take an oath.
Th forego!
(Bid
The Tower Gro
(Print Vendor Name)
ev
Vice President
known to me
identification,
NOTA
Si
IC:
(Print Fame
My commiss
on expires: 5I Zo 10
BID NO: 34-06/07
:..r;,.Su i.. it
CITY OF MIAMI BEACH
DATE: 06/19/07 69
MARILYN NOYA
COMMISSION 10D 504805
EXPIRES: May 4, 2010
,hu Norry Palk U Minor in
as
00540. SUPPLEMENT TO BID/TENDER FORM
TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID
TO BE DEEMED RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Quantity Unit
Description Unit Price Price Extended Method
5 t-of4 Gam*S Go it2.5 ° sy r o 13e6clkt
Total $ KO —
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 70
IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE*
THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
Carlos Ardavin,
Name of B. de)
he Tower Group, Inc.
a•f Bidder
Authorized
*COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE
HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: 34-06/07 CITY OF NIIAMI BEACH
DATE: 06/19/07 71
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 72
00600. CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and
, hereinafter referred to as
CONTRACTOR.
WI TN E S S E T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all, unless specifically stated otherwise, labor,
materials, equipment, supervision, mobilization, demobilization, survey, services and
incidentals necessary to perform and complete the work to the full intent as shown or
indicated in/on the Contract Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR'S submission to CITY of all
required documents (including but limited to: Payment and Performance Bonds,
and Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the schedule duration as stated herein and acceptance and approval
of CONTRACTOR'S List of Deliverables, Project Schedule, Mobilization
Plan, Safety & Health Manual, Quality Control Manual, Risk
Management Plan, Schedule of Values, and attendance at the Pre -
Construction Conference to review general administrative requirements;
and to review in detail the Scope of Work and CONTRACTOR'S "Base
Line" Project Schedule is a condition precedent to the issuance of the
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 73
Second Notice to Proceed to mobilize on the Project Site and commence
with the physical construction of the Work.
The CONTRACTOR shall submit and have approved by the PROGRAM
MANAGER all necessary documents required by this provision prior to
the issuance of the second Notice to Proceed as set forth below:
Submittal Description
To be Submitted by "Contract 2nd.NTP
Contractor along Award" (Contract
with the Executed Award Plus
Contract Documents 15`. NTP 30 -days)
Remarks
1 Bid Bond With Bid
Pre -Construction Conference
+ 30 -days X
List of Deliverables (1) X
Performance Bond X
Payment Bond X
Certificates of Insurance X
Contractor's License X
Risk Management Plan — Final X
Mobilizaton Plan — Draft X
Project Schedule - Draft X
Quality Control Manual — Draft X
Safety & Health Manual — Draft X
Schedule of Values — Draft + 21 -days
Mobilizaton Plan — Final + 21 -days
Project Schedule - Base Line + 21 -days
Quality Control Manual — Final + 21 -days
Safety & Health Manual — Final + 21 -days
Schedule of Values — Final +21- days
1
1 Construction NTP X
Notes:
(1) The list of deliverables is a detailed listing, with the due date, of those
documents to be submitted to the City by the Contractor as specified in the
Contract documents. It includes the submittals mentioned above and other
documents such as, "Request for Substantial Completion" etc. so that it is
essential that the Contract documents are read in their entirety before submitting
the "List of Deliverables."
* For the purposes of this schedule, the term "Contract Award" shall be the last date of
execution of the Contract by both parties.
** For the purposes of this schedule, the reference to "Day" or "Days" shall refer to
calendar days.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 74
2.2 Time is of the essence throughout this Contract. This Project shall be
substantially completed within calendar days from the issuance of the second
Notice to Proceed, and completed and ready for final payment in accordance
with Article 5 within SIXTY (60) calendar days from the date certified by
CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of TWO THOUSAND DOLLARS ($2,000.00) for each
calendar day after the time specified in Section 2.2 above, plus any approved
time extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining work within the time specified in
section 2.2 above, plus approved time extensions thereof, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of TWO
THOUSAND DOLLARS ($2,000.00) for each calendar day after the time
specified in Section 2.2 above, plus any approved extensions, for completion and
readiness for final payment. These amounts are not penalties but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of
the Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above -stated liquidated damages shall apply separately to each "Mile Stone"
portion of the Project for which a time for completion is given:
Pile Caps & Grade Beams Complete by
All Structural Components Complete by
Parking Garage Substantial Completion by
Office Complex Substantial Completion by
Project Final Completion by
The above dates to be extrapolated from Contractor's schedule submitted
with Bid.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 75
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 76
[]
ARTICLE 3
THE CONTRACT SUM
This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[X] This is a Lump Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 77
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR shall submit at the end of each and every month an Application
for Payment for work completed during the current month.
4.1.1 CONTRACTOR shall submit to the PROGRAM MANAGER a draft pay
application for his review. The PROGRAM MANAGER and
CONSULTANT shall review the draft application with CONTRACTOR
and resolve any differences prior to submitting the months formal pay
application.
4.1.2 PROGRAM MANAGER and CONSULTANT shall make every effort to
ensure that each pay application is reviewed and a recommendation to
OWNER is completed within five (5) working days from receiving a
complete, correct pay application that is properly executed.
4.1.3 OWNER shall upon receipt of a written recommendation for payment
from PROGRAM MANAGER ensure payment to CONTRACTOR within
thirty (30) days. (Check with respect to "Prompt Payment Act")
CONTRACTOR'S application shall be in the format approved prior to the Second
Notice to Proceed. Each application shall provide supporting evidence as may be
required by CONSULTANT. CONTRACTOR shall include, but same shall be
limited to, at Consultant's discretion, with each Application for Payment, an
updated progress schedule, with a copy of a current "Errors Report" identifying
no errors, acceptable to CONSULTANT, as required by the Contract Documents
and a release of liens and consent of surety relative to the work which is the
subject of the Application. Each Application for Payment shall be submitted in
triplicate to CONSULTANT for approval. CITY shall make payment to
CONTRACTOR within thirty (30) days after approval by CONSULTANT of
CONTRACTOR'S Application for Payment and submission of an acceptable
updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 78
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR'S performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages.
4.3.6 Costs incurred by CONSULTANT for extended construction
administration.
4.3.7 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When all of the above grounds are removed and or resolved satisfactory to the
Contract Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as -built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 79
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entity Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR acknowledges that it is an independent contractor under this
Contract. Services provided by CONTRACTOR pursuant to this Contract shall
be subject to the supervision of CONTRACTOR. In providing such services,
neither CONTRACTOR nor its agents shall act as officers, employees, or agents
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 80
of the CITY. This Contract shall not constitute or make the parties a partnership
or joint venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
CIP Department
777 17 Street. Suite 201
Miami Beach. Florida 33139
Attn: Jorge Chartrand. CIP Director
With copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Stephen Baumal
Proaram Manaaer
URS Corporation
7650 Corporate Center Drive,
Suite 401
Miami. Florida 33126-2665
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 81
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
6.8 Materiality and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami -Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 82
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Agreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 83
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
ATTEST:
City Clerk
THE CITY OF MIAMI BEACH
Mayor
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
(Secretary)
(Corporate Seal)
[If not incorporated sign below.]
WITNESSES:
By:
By:
CONTRACTOR
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
CONTRACTOR
(Name of Firm)
(Signature)
(Print Name and Title)
day of
, 20
CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR DISTRIBUTION.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 84
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will be attached here.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 85
DATE (MMIDDNY1'Y)
ACORQ, CERTIFICATE OF LIABILITY INSURANCE 12/29/2006
PRODUCER (305)822-7800 FAX
Collinsworth, Alter, Fowler, Dowling & French
P. 0. Box 9315
mi Lakes, FL 33014-9315
INSURED The Tower Group Inc.
405 S,W, 148th Aveue
Suite 1
Davie, FL 33325
THIS CERT'IFICAT'E IS ISSUED ASA MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDEP e'' THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
NSURERA Amerisure Insurance Co
INSURER B St. Paul /Travelers
INSURER C.
INSURER D:
INSURER E
09088
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADVIANSRg TYPE OF INSURANCE POLICY NUMBER I CI T 1..'EF- - NE I POOAIC' s?ATION LIMITS
LIR NSRQ
GENERAL LIABILITY GL20242921 T^' ' �� 1 1 . -..,J7 " 2.H1 OCCURRENCE $ 1,000,000
X CUMMEii::�AL GENERAL LIABILITY ,v4A0 - I O kENTED000
ZMISE �„ren
a nrrn� $ 300 ,
OCCURI MED EXP (Any coo person) $ 10, 000
A 2_1"� 1 . .SUN' L INS 1 i • CEr
`,SONAL & ADV NJURY $ 1,000,00
... .. _. 2` , ,'':=.FAL APOR GATE $
U',�ING FORM: u' Y _ 2,000,00
GEN'L AGGREGt : E.S PER d' C"n90.5I i , ODUG) 8 , COMP/CP AGG $ 2,000,00
eaiiiiS R lU/UJ/ �..•Vv I i
A
A
„JroMObILL.wale,,
x
x
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
—1 ANY AUTO
EXCESS/UMBRELLA LIABILITY
OCCUR n CLAIMS MADE
DEDUCTIBLE
X RETENTION
$ 10,0001
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
A ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
II yes, descnbe under
SPECIAL PROVISIONS below
OTHER
LEASED AND RENTED
B ITEMS
•
'UV • r ,nMBNED SING!P' IMIT
CU2025190 10/05/2006 10/05/2007
WC2025930 01/01/2007 01/01/2008
QT6607831B409 05/07/2006
DESCRPTION OF OPERATIONS/LOCATIONS 1 VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
CERTIFICATE HOLDER
For Information Purposes
INJURY
-"Or 'IAC.
F_ acac
A 'JNLY - EA ACCIDENT
OTHER THAN
AUTO ONLY
EACH OCCURRENCE
AGGREGATE
EA ACC
AGG
$
$
$ 5,000,00
$
5,000,Wd
$
ORYLMMTS I 1 ER
E L EACH ACCIDENT $ 100,0 0
E L. DISEASE - EA EMPLOYEE $ 100,00
E L DISEASE - POLICY LMT $ 500,
05/07/2007 5600,000 PER ITEM
$5,000 BASIC DED.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Richard French/AC
17/4"._
ACORD 25 (2001108) OACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
, 20 , with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; an
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 86
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this day of , 20
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 87
WITNESSES:
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
FORM OF PERFORMANCE BOND
(Continued)
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 88
00720. FORM OF PAYMENT BOND
BY THIS BOND, We , as
Principal, hereinafter
called
CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($ ) for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: , awarded the day of
, 20 , with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 89
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this day of , 20
ATTEST:
By:
(Secretary)
(Corporate Seal)
CONTRACTOR
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 90
ALLIED NORTH AMERICA
America's Construction Specialist'
August 8, 2007
Brett Porak
The Tower Group, Inc.
405 S.W. 148'h Avenue
Davie, Florida 33325
RE: CITY OF MIAMI BEACH — INVITATION TO BID NO. 34-06/07
Multipurpose Parking Facility Bid Package No. 03
Bid of 8/10/07 — EsL $16M
Dear Brett:
Enclosed please find the above captioned Bid Bond, executed per your request.
The Bid Bond must be signed by an authorized representative of your company, notarized and sealed
with the corporate seal.
Please double-check all signatures, dates, amounts and job descriptions for accuracy. This will avoid
the possibility of having a low bid rejected because of a clerical error. Please verify again that the Bid
Bond form we executed is the form required as per the specifications. In addition, please verify that
anything unusual that has been requested by the Obligee is attached.
The Bid Bond authorization is based upon your original estimate. If the actual bid price exceeds this
estimate by 10% or more, please contact us for additional authority!
Please call our office if you should have any questions or need any further assistance.
Good Luck on your Bid.
Sincerely,
ALLIED NORTH AMERICA
Olga L. Iglesias
Surety Operations Supervisor
Your bid results are very important, please email, fax or mail this information back to us within 5 days of
the bid opening.
Contractors Name Contract Price
1,
2.
3.
Where did you place and your price $
550 Biltmore Way, PH 2 . Coral Gables, FL 33134 • 305-423-2209 • Fax 786-662-6776
Email: oiglesiasealliedna.com
BID BOND Travelers Casualty and Surety Company of America
One Tower Square 3PB, Hartford, CT 06183
Bond No. Bid Bond
KNOW ALL MEN BY THESE PRESENTS,
That we, The Tower Group, Inc. , as Principal, hereinafter called the Principal,
and Travelers Casualty and Surety Company of America, of One Tower Square 3PB. Hartford.
CT 06183, a corporation duly organized under the laws of the State of Connecticut, as Surety,
hereinafter called the Surety, are held and firmly bound unto City of Miami Beach
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid
Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and
the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Invitation No. (ITB) 34-06/07 - Multipurpose Municipal
Parking Facility Bid Package 3 - Garage & Office Building Complex, Miami Beach, Florida
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
,bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
a faithful performance of such Contract and for the prompt payment of labor and material furnished
in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and
give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then
this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 8th day of August 2007
Olga L. Iglesias Witness
The Tower Group, Inc.
By: 1A,nv
(Seal)
, Principal
Travelers Casualty and Surety Company of
America
(Seal)
By: , 1.' 1I,1../ j11_ J
Sonia M. Paneque/Fla. Res. Agent(' , Attorney -in -Fact
ted In cooperation with the American Institute of Architects (AIA) byTravelers Casualty and Surety Company of America.
5-1869-G (08-99)
State of Florida }
SS:
County of Miami -Dade }
SURETY ACKNOWLEDGEMENT (ATTORNEY-IN-FACT)
On this 8th day of August in the year 2007 before me,
Olga L. Iglesias ,a Notary Public in and
for said County and State, residing therein, duly commissioned and sworn, personally appeared
Sonia M. Paneque/Fla. Res. Agent known to me to be the duly authorized Attomey-in-Fact of the
Travelers Casualty and Surety Company of America
and the same person whose name is subscribed to the within instrument as the Attorney -in -Fact,
of said Company and the said Sonia M. Paneque/Fla. Res. Agent
duly acknowledged to me that he subscribed the of the
Travelers Casualty and Surety Company of America
thereto as Surety and his own name as Attomey-in-Fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
RD -I410 ED. 6/76
Notary Public in and for
Miami -Dade
State of Florida
My Commission expires: May 21, 2010
OLGA L IGLESIAS
MY COMMISSION # 00554180
ItOF EXPIRES: May 21. 2010
(407) 3013-0153 Florida Notary Sarvica.com
County
RESIDENT
LICENSE
ALEX SINK
Chief Financial Officer
State of Florida
SONIA MARIE PANEQUE
License Number A199654
K LICENSED To TRANSACT OE FOLLO'NEIC CLASSE! OF INSURANCE
General Lines (Prop i Casu) 08/11/1985
ASSETS'
CASH & INVESTED CASH
BONDS
STOCK
INVESTMENT INCOME DUE AND ACCRUED
PREMIUM BALANCES
REINSURANCE RECOVERABLE
NET DEFERRED TAX ASSET
CEDED DEPOSIT ASSET
STATE SURCHARGES RECEIVABLE
OTHER ASSETS
TOTAL ASSETS
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
)SS.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
HARTFORD, CONNECTICUT 06183
FINANCIAL STATEMENT AS OF DECEMBER 31, 2006
CAPITAL STOCK $ 6,000,000
S 114,080,791
2,912,711.671
14,866,180
34,078.331
166,157.298
3,964,977
42.705 29Q
0,134,822
148,430
(4,414.060)
3291,414 ,636
LIABILITIES & SURPLUS
UNEARNED PREMIUMS
LOSSES
LOSS ADJUSTMENT EXPENSES
COMMISSIONS
TAKES, LICENSES AND FEES
OTHER EXPENSES
DIVIDENDS
CURRENT FEDERAL AND FOREIGN INCOME TAXES
CEDED REINSURANCE NET PREMIUMS PAYABLE
FUNDS HELD UNDER REINSURANCE TREATIES
AMOUNTS WITHHELD !.RETAINED BY COMPANY FOR OTHERS
REMfTANCES AND ITEMS NOT ALLOCATED
PROVISION FOR REINSURANCE
PAYABLE TO PARENT. SUBSIDIARIES & AFFILIATES
PAYABLE FOR SECURITIES
RETROACTIVE REINSURANCE RESERVE ASSUMED
OTHER ACCRUED EXPENSES AND LIABILITIES
TOTAL LIABILITIES
CAPITAL. STOCK
PAID IN SURPLUS
OTHER SURPLUS
TOTAL SURPLUS TO POLICYHOLDERS
TOTAL LIABILITIES & SURPLUS
S 724,600,438
872,911,753
128,786,164
28,073:928
21,233;762
30.823.925
7,080,280
38,728,832
(4,981,682)
99,054,332
39,096,839
60,286,233
6,627,014
80,268,770
4,970100
20,046,771
119.334
i 2,163,613,785
$ 6,000,000
303,207,402
818.803`349
i 1,127,900,761
S 3„201,414„636
LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND & FINANCIAL PRODUCTS,
OF TRAVELERS CASUALTY SURETY COMPANY OF AMERICA. AND THAT TO THE BEST OF HIS KNOWLEDGE ANO BELIEF. THE FOREGOING IS A
TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2000.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
29TH DAY OF MARCH. 2007
OOOOOOOO
..tolto, P NQ,/,f'..:
NOTARY
w1 k u
PUELtC
OFFICER A -
CHIEF - TRAVELERS BOND & FINANCIAL PRODUCTS
417 Z,”
FI IAL
NOTARY PUBLIC
Anna P. Nowik Notary Public
My Commission Expires June 30, 2011
TRAVELERS
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney -In Fact No. 218512 Certificate No.0 015 6 6 0 9 0
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Sonia M. Paneque, and Jose L. Rodriguez
of the City of Miami , State of Florida , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
WITNESSS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
uay of
April
7
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
9th
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
State of Connecticut
City of Hartford ss.
By:
GeorgeJV Thompson, ' nior ice President
On this the 9th day of April 2007 , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Vitness Whereof, I hereunto set my hand and official seal.
2.ommission expires the 30th day of June, 2011.
58440-8-06 Printed in U.S.A.
Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 91
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
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/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this day of
, 20
My commission expires:
by
Notary Public, State of
Bonded
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 92
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
We hereby authorize you to draw on
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of available
by your drafts at sight, accompanied by:
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and (contractor),
pursuant to the (applicant, customer) Bid/Contract No.
for (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 93
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of • (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 94
00800. GENERAL CONDITIONS:
1. CONTRACT DOCUMENTS:
1.1. All Work shall be done in strict accordance with the Contract Documents.
1.2. CONTRACTOR shall not proceed when in doubt as to any dimension or
measurement, but shall seek clarification from CONSULTANT.
1.5. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Contract Documents; one of which shall be preserved without alteration,
labeled "Record Copy," and always kept accessible, in the
CONTRACTOR'S site office, to the PROGRAM MANAGER and
CONSULTANT. In addition one copy of the Project Contract Documents
shall be used strictly as a "Red Line" set, identified accordingly, and kept
in a safe location in the CONTRACTOR'S site office. Additional copies of
the Contract Documents may be obtained from CITY at the cost of
reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
3. Preliminary Matters:
3.1. Within nine (9) calendar days prior to the pre -construction conference
described in Section 2.1.1, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT'S review and acceptance:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 95
3.1.1. A project "Base Line" schedule, one (1) copy on a CD and One
(1) hard copy (activities arranged in "waterfall"), in the
indicated form for Final review and approval:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[X] Computerized CPM using the latest edition Primavera P3
software
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
CONTRACTOR shall provide a preliminary man loaded, logic
based "Base Line" Project schedule using "Early Start" and
"Early Finish" dates for each activity. The Contractor shall
include, in addition to normal work activity input, input that
encompasses all submittal approvals, delivery durations for
important materials and/or equipment, and Logic relationships
of activities including physical and site restraints. This input
shall be precedence based CPM scheduling using the most
recent version of Primavera P3 software. CONTRACTOR shall
provide PROGRAM MANAGER with a copy of the software.
The preliminary Base Line project schedule when submitted
shall have attached a run of the programs generated error
report that states no errors and be acceptable to
CONSULTANT.
Monthly, CONTRACTOR shall submit with each progress
application an update of the Project Schedule with an error
report stating no errors (that does not revise the base line
schedule), showing the progress for the month.
CONTRACTOR shall submit one hard copy and one electronic
copy. In addition to the Progress Schedule CONTRACTOR
shall include a narrative report of the months' progress, an
explanation of any delays and or additions/deletions to
activities.
It is strongly recommended that CONTRACTOR hire a
seasoned professional. in the use of Primavera P3. to develop
and update the Primavera P3 proiect schedule.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 96
CONTRACTOR agrees to attend weekly progress meetings and
provide an updated three (3) week Zook -ahead schedule for
review and discussion and monthly be prepared to discuss
any:
1. Proposed changes to the Base Line schedule logic;
2. Explain and provide a narrative for reasons why logic
changes should be made;
3. Update to individual subcontractor activities; and
4. Integration of changes into the schedule.
The Project Schedule shall be the basis of the
CONTRACTOR'S Work and shall be complied with in all
respects.
If CONTRACTOR'S Work becomes more than thirty (30) days
behind schedule CONTRACTOR shall be required to submit a
"Make -Up" schedule to PROGRAM MANAGER for review and
acceptance that demonstrates "Catch Up" within thirty (30)
days. CONTRACTOR shall provide, at CONTRACTOR'S cost,
the necessary additional labor and or equipment necessary to
make-up the lost time. Failure to provide a "Make -Up"
schedule or vigorously follow the "Make -Up" schedule shall be
reason to default CONTRACTOR.
3.1.2. A preliminary schedule of Shop Drawing submissions.
3.1.3. A preliminary schedule of values for all of the Work which will
include quantities and prices of items aggregating the Contract
Price and will subdivide the Work into component parts in sufficient
detail, but in no case be greater than two percent (2%) of the Bid
price, to serve as the basis for progress payments during
construction. Such prices will include an appropriate amount of
overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[X] Such prices shall be broken down to show labor, equipment,
materials and include a proportional amount of overhead and profit.
3.1.4. After award but prior to the submission of the final progress
schedule, CONSULTANT, Contract Administrator and
CONTRACTOR shall meet with all utility owners and secure from
them a schedule of utility relocation, provided, however, neither
CONSULTANT nor CITY shall be responsible for the
nonperformance by the utility owners.
3.2. At a time specified by PROGRAM MANAGER but before CONTRACTOR
starts the work at the Project site, a pre -construction conference attended
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 97
by CONTRACTOR, CONSULTANT and others as deemed appropriate by
Contract Administrator, will be held to discuss the schedules referred to in
Section 3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. The finalized progress schedule will be accepted by CONSULTANT only
when it provides an orderly progression of the Work to completion within
the Contract Time, but such acceptance shall not constitute acceptance by
CITY or CONSULTANT of the means or methods of construction or of the
sequencing or scheduling of the Work, and such acceptance will neither
impose on CONSULTANT or CITY responsibility for the progress or
scheduling of the Work nor relieve CONTRACTOR from full responsibility
therefore. The finalized schedule of values pursuant to Section 3.1.3
above must be acceptable to CONSULTANT as to form and substance.
3.4. The finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami -Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 98
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Amount of Bond
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 99
Policy- Financial
holder's Size
Ratings Category
500,001
1,000,001
2,000,001
5,000,001
10,000,001
25,000,001
50,000,001
to 1,000,000
to 2,000,000
to 5,000,000
to 10,000,000
to 25,000,000
to 50,000,000
or more
B+
B+
A
A
A
A
A
Class I
Class II
Class III
Class IV
Class V
Class VI
Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification:
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 100
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Requirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), Proiect specific insurance, provided by
companies satisfactory to the City, covering the CITY, Program
Manager and Consultant and any of their respective employees and
agents (the "Additional Insured") and the general public, coverages
set forth herein.
The obligation of the CONTRACTOR is to provide such adequate
insurance to protect the Additional Insureds from all risks and or
occurrences that may arise or result, directly or indirectly, from the
CONTRACTOR'S work or presence on the jobsite and all risks of
injury to CONTRACTOR'S employees and agents.
This obligation shall not be avoided by allegations of contributory or
sole acts, failure to act, omissions, negligence or fault of the
Additional Insured.
Each policy of insurance shall provide a waiver of subrogation
against the Additional Insureds.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
7.1.1.1. Employers' Liability with a limit of One Million Dollars
($1,000,000.00) Dollars each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2. Comprehensive General Liability with minimum limits of Three
Million Dollars ($3,000,000.00) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability with a
General aggregate of Five Million Dollars ($5,000,000).
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 101
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X ] 7.1.2.1. Premises and/or Operations.
[ X ] 7.1.2.2. Independent Contractors.
[ X ] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[ X ] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X ] 7.1.2.5. Broad Form Property Damage.
[ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[ X ] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
7.1.3. Business Automobile Liability with minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1. Owned Vehicles.
7.1.3.2. Hired and Non -Owned Vehicles.
7.1.3.3. Employers' Non -Ownership. (Not Applicable to this bid)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 102
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is required. The coverage
shall be "All Risk" coverage for 100 percent of the completed value,
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
[]
7.1.4.1.
Waiver of Occupancy Clause or Warranty --Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ X ] 7.1.4.2. Flood Insurance --When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
7.1.5.1.
7.1.5.2.
Cessation of Insurance --Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
Flood Insurance --When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.1.6 Umbrella Liability Policy and shall be written at a limit of five Million
Dollars ($5,000,000) and apply excess over the Employer's Liability,
General Liability, and Automobile Liability primary policies. This policy
shall be written to provide policy limits on a per project aggregate basis.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 103
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction of the policy(ies) must be
endorsed to provide CITY with at least thirty (30) days prior written notice
of cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above with submittal of the executed Contract. The required Certificates
of Insurance shall name the types of policies provided, refer specifically to
this Contract, and state that such insurance is as required by this
Contract. The Certificate of Insurance shall be in form similar to and
contain the information set forth in Form 00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, Tight, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
9. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 104
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform or
neglect by CONTRACTOR, and providing that CONTRACTOR was unable to
work at least fifty percent (50%) of the normal workday on controlling items of
work identified on the accepted schedule or updates.
(3) CONTRACTOR requests for time extension/s due to weather conditions shall
be submitted to PROGRAM MANAGER no later than twenty four (24) hours
after the occurrence.
11. Permits. Licenses and Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami -Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
,-- Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 105
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSULTANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2.1 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1. Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 106
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
13.1.2. Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through PROGRAM MANAGER, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
assistants, all satisfactory to PROGRAM MANAGER. The superintendent
shall not be changed except with the prior written consent of PROGRAM
MANAGER. The superintendent shall not be absent from the site for more
than one (1) day without prior written approval from the PROGRAM
MANAGER. The superintendent shall represent CONTRACTOR and all
directions given to the superintendent shall be as binding as if given to
CONTRACTOR and will be confirmed in writing by CONSULTANT upon
the written request of CONTRACTOR. CONTRACTOR shall give efficient
supervision to the Work, using its best skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information on a Daily Report Form, format to be approved by
PROGRAM MANAGER: the day; date; weather conditions and how any
weather condition affected progress of the Work; time of commencement
of work for the day; the work being performed; materials, labor, personnel,
equipment and subcontractors at the Project site; visitors to the Project
site, including representatives of, CONSULTANT, regulatory
representatives; all safety incidents; any special or unusual conditions or
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 107
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in ink.
Daily reports shall be provided to the PROGRAM MANAGER daily by
noon the following day. Non-compliance with this procedure will result in
delay of payment of the applicable progress application.
A copy of all daily reports shall be kept on the Project site and shall be
available at all times for inspection and copying by CITY and
CONSULTANT.
14.3. The PROGRAM MANAGER, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the PROGRAM MANAGER,
during the course of the Work to review and agree upon the work
performed the prior week and to establish the controlling items of work for
the next three weeks. In addition, other issues related to the Work shall be
discussed. The agenda and format for the weekly progress meeting shall
be established by the PROGRAM MANAGER. CONTRACTOR shall
prepare and distribute the weekly Project Meeting agenda, chair the
meetings and distribute minutes and any comments thereto of each such
meeting for review and acknowledgement of their accuracy by all
attendee. Minutes shall be distributed within forty eight (48) of the weekly
meeting and any comments shall be required to be received back within
forty eight (48) hours.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the
CONTRACT Documents, it shall be CONTRACTOR's duty to immediately
inform PROGRAM MANAGER, in writing using an RFI (format of form to
be provided by PROGRAM MANAGER). PROGRAM MANAGER will
promptly review the same and forward to CONSULTANT if the issue can
not be clarified by PROGRAM MANAGER after reviewing the Project
Documents. It will be the objective under this Contract to respond to RFI's
within 48 -hours when ever possible. Any work done after such discovery,
until authorized, will be done at CONTRACTOR'S sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
15. CITY's Riaht to Terminate Contract:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 108
15.1 If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisions of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 109
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
non -approval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after -such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
18. Rights of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differing Site Conditions:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 110
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify PROGRAM MANAGER and CONSULTANT
in writing of the existence of the aforesaid conditions. CONSULTANT and CITY
shall, within two (2) business days after receipt of CONTRACTOR's written
notice, investigate the site conditions identified by CONTRACTOR. If, in the sole
opinion of CONSULTANT, the conditions do materially so differ and cause an
increase or decrease in CONTRACTOR's cost of, or the time required for, the
performance of any part of the Work, whether or not charged as a result of the
conditions, CONSULTANT shall recommend an equitable adjustment to the
Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR
cannot agree on an adjustment in the Contract Price or Contract Time, the
adjustment shall be referred to CONSULTANT for determination in accordance
with the provisions of Article 12. Should CONSULTANT determine that the
conditions of the Project site are not so materially different to justify a change in
the terms of the Contract, CONSULTANT shall so notify CITY and
CONTRACTOR in writing, stating the reasons, and such determination shall be
final and binding upon the parties hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
20. Plans and Working Drawings:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Contract Documents. In case of
disagreement between the written and graphic portions of the Contract
Documents, the CONTRACTOR shall bring the inconsistency to the attention of
the PROGRAM MANAGER who shall provide the final interpretation after
consulting with the CONSULTANT.
21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 111
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibility for Damages and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warranty:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new and that all of the Work will be of good quality,
free from faults and defects and in conformance with the Contract Documents.
All work not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by
CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind
and quality of materials and equipment. This warranty is not limited by the
provisions of Article 25 herein.
24. Supplementary Drawings:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Contract Documents. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 112
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with non defective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR'S expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found. to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
correct such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes:
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 113
submit in writing a request for approval of any and all Subcontractors prior
to signing a formal Subcontract agreement. CONTRACTOR shall not be
required to employ any subcontractor against whom CONTRACTOR has
a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to pay or to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[ X ] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than Twenty Five (25%) percent of the Contract
Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR'S Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR'S failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR'S Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR'S.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 114
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Completed Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY'S intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
29.2.3. Upon CONSULTANT'S issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 115
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR'S own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Leaal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damage to Existina Facilities. Equipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTORPS responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 116
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any Toss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
,-- 33. Value Enaineerinq:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT'S prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT'S fees and charges related to
CONSULTANT'S review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR'S expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuina the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 117
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Changes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The CONSULTANT, through, Program Manager shall have the right to
approve and issue Field Orders setting forth written interpretations of the
intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Change Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 118
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR'S agreement or disagreement with the
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
.— increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of Chanae Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR'S fee for
overhead and profit which is determined as provided in Section
38.4.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 119
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 120
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR'S
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR'S
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 121
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR'S
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR'S fee.
38.3.2. Expenses of CONTRACTOR'S principal and branch offices
other than CONTRACTOR'S office at the site.
38.3.3. Any part of CONTRACTOR'S capital expenses, including
interest on CONTRACTOR'S capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR'S fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 122
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR'S fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR'S fee shall not exceed seven and
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
38.4.2.3. No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
any one change, the combined overhead and profit shall be figured on the
,-- basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change -in -cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 123
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
39. Notification and Claim for Chance of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR'S written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefore as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 124
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41. Excusable Delay: Compensable: Non -Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
,--, Excusable Delay may be compensable or non -compensable:
r
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article 38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR'S precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 125
bonding capacity, Toss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed due
to a Compensable Excusable Delay.
(b) Non -Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Program Manager and CONTRACTOR for their
written acceptance of the responsibilities assigned to them in such Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY'S prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 126
44. Shop Drawinas:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. CONTRACTOR shall submit, in his construction schedule, and to
CONSULTANT, a complete list of preliminary data on items for which
Shop Drawings are to be submitted and shall identify the critical items.
Approval of this list by CONSULTANT shall in no way relieve
CONTRACTOR from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Contract
Documents. This procedure is required in order to expedite final approval
of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon. In addition,
CONTRACTOR shall highlight the specific item submitted for approval
when submittal ("cut sheet") shows more than one item.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within fifteen
(15) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT'S
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 127
properly evaluate the design. It is CONTRACTOR'S responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT'S approval at the job site at all times.
44.11 CONTRACTOR will develop and maintain a Submittal Log providing
status of all submittals. An updated copy of the Submittal Log will be
available for discussion at the weekly progress meeting.
45. "As -Built" Documents:
45.1. CONTRACTOR shall maintain an accurate and precise record, on a daily
basis, of the "As -Built" condition of the Work on a specially designated set
of contract documents used solely for the specific purpose. PROGRAM
MANAGER and the CONSULTANT will have the right to inspect the "As -
Built" documents as required. The As -Built documents, shall be signed
and sealed by the CONSULTANT at the end of the Project, shall be
made on reproducible paper and shall be delivered to the PROGRAM
MANAGER prior to, and as a condition of, final payment. In addition to
the paper copy an electronic copy of the "As -Built" Documents shall be
delivered to the CONSULTANT.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order during construction. These record
documents together with all approved samples and a counterpart of all
approved Shop Drawings shall be available at all times to CONSULTANT
for reference.
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR'S record drawings or as -built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 128
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
CONTRACTOR will be required to provide a Draft copy of its Safety and
Health Manual to the Program Manager, for review and acceptance, in
accordance with article 22.1.1. The Manual will be part of the submittal
required upon contract execution by the CONTRACTOR and the City.
Receipt by the PROGRAM MANAGER of a satisfactory Safety and
Health Manual will be precedent to issuance of the Second Notice to
Proceed.
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR'S duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 129
46.4 CONTRACTOR shall be required, and include in its Safety Manual, a set
of "Emergency Procedures" for accidents. Procedure shall be submitted
to and approved by the PROGRAM MANAGER prior to issue of the 2nd
Notice to Proceed.
47. Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment by CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CONTRACTOR and
performed by a testing firm chosen by CONSULTANT. For road construction
projects the procedure for making tests required by CONSULTANT will be in
conformance with the most recent edition of the State of Florida, Department of
Transportation Standard Specifications for Road and Bridge Construction. The
cost of any required test which CONTRACTOR fails shall be paid for by
CONTRACTOR.
The City shall hire and pay for the services of a Special Inspector who shall
inspect and test:
• Threshold Inspection
• Forming, & Reinforcing Materials
• Concrete Material
• Grout Material
• Excavation and Backfill Materials
• Soils, Backfill and Compaction
• Testing & Balancing of Air Conditioning
• Testing & Balancing of Ventilation and Heating Systems
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 130
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleaning Up: Citv's Right to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefore as
CONSULTANT shall determine to be just.
52. Removal of Eauipment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR'S equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination, Eaual Employment Opportunity. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 131
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR'S decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY'S expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 132
900. SUPPLEMENTARY CONDITIONS:
The following supplementary conditions shall apply to all Work unless specifically
excluded in writing:
900.01 Working Hours:
Contractor, his employees and subcontractors shall Work the standard hours
established for the Project. CONTRACTOR shall notify PROGRAM MANAGER
twenty fours (24) in advance for any day when an exception is required.
Approved Hours: (7:30) 8:00 am — 4:00 (4:30) pm M -F;
Saturday (when approved in advanced) 9:00 am — 3:00 pm
900.02 Site Utilization:
i. Contractor shall provide with his Bid a copy of his proposed site
phasing/utilization plan including traffic control. A sample of a Phasing Plan is
shown on drawing No.: A-031 - P2. It should be noted that the construction fence
is the limit of the space that will be made available.
ii. CONTRACTOR shall limit his construction activities, restricting materials
delivery, during the following events at the Miami Beach Convention Center:
a. Miami International Boat Show
2007 — 02/08 through 02/24
2008 -
b. South Florida Auto Show
2007 — 09/28 through 10/15
2008 —
c. Jeweler's International Showcase
2007 — 10/20 through 10/23
2008 —
d. National Minority Supplier Development
2007 — 10/29
2008 -
e. I.N.S. New Citizens Swearing In
2007 —10/3&4 and 12/18&19.
2008 —
CONTRACTOR is reminded that he will be required to work around Convention
Center activities and not all dates can be provided at this time.
CONTRACTOR shall include the impact for the above in the Base Line
schedule. No additional compensation for cost or time will be provided.
900.03 Photographs
i. CONTRACTOR shall provide, with each monthly pay application 4 -sets of 8" x
10" progress photos, including an aerial, depicting the progress of the work plus
one digital copy. The photos shall be for the strict use of the OWNER. The
number of "shots" in each set shall be dependent on the activities taking place
during the current month but in no case shall be less than four (4).
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 133
ii. PROGRAM MANAGER shall provide CONTRACTOR direction on a standard
orientation to be used for progress photos
iii. CONTRACTOR shall under no circumstances take or use any photographs of
the Work without the prior written authority of the OWNER.
900.04 Notifcation
i. CONTRACTOR shall set up a notification procedure, to be approved by the
PROGRAM MANAGER, for all concrete pours, testing, grouting and special
inspections that provides Twenty Four (24) hours advance notice.
900.05 Official Correspondence:
i. All official correspondence shall be addressed to: Stephen Baumal — Program
Manager with copies to: CONSULTANT
900.06 Protection of the Work
i. CONTRACTOR shall be responsible to protect the Work until officially accepted
by the CITY.
ii. CONTRACTOR shall be responsible to provide any and all security for the
project, The City's temporary facilities, his employees, equipment, materials and
temporary facilities at the job site. In addition the CONTRACTOR shall provide
insurance for the City's temporary facilities.
900.07 Employee Identification
CONTRACTOR shall develop and implement a procedure, subject to review and
approval by the PROGRAM MANAGER that requires all employees wear photo
identification badges (payment of the Contractor's first progress payment will be
contingent upon prior implementation of this requirement).
900.08 Project Quality Control
i. CONTRACTOR shall designate one of his staff as the Project Quality Control
(QC) Manager. The QC Manager shall be on site at all times.
ii. CONTRACTOR shall provide a copy of his QC Manual for review and approval
with executed contract documents in accordance with Article 2.2.1.1.
iii. The Q.C. manual must include formal periodic inspection of all work that
entails completing Observation Reports; Non -Compliance Reports (when
applicable); Receiving, Damage & Shortage Reports. A complete file of all
reports complete with Logs shall be maintained at the site
iv. CONTRACTOR shall require, being part of the Subcontract Agreements
conditions, his Subcontractors to comply with CONTRACTOR'S QC Manual and
procedures.
900.09 List of Deliverables
i. CONTRACTOR shall provide, within fifteen (15) days from Contract Award a
complete list of "Deliverables" required under the Contract.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 134
The list of deliverables is a detailed listing, with the due date, of those documents
to be submitted to the City by the Contractor as specified in the Contract
documents. It includes such documents as "Request for Substantial Completion"
etc. so that is essential that the Contract documents are read in their entirety
before submitting the "List of Deliverables".
900.10 Visitors Log
i. CONTRACTOR shall maintain a "Visitors Log" and require all visitors to the
project site to sign the log. This shall include all City inspectors or otherwise.
900.11 Demobilization
i. CONTRACTOR shall request and receive, in writing, approval from the
PROGRAM MANAGER prior to de -mobilizing.
900.12 CONTRACTOR to provide at all times an emergency access route, in
compliance with A.D.A. requirements, from the rear emergency exit door (west side) of
City Hall to a point one -hundred (100) feet from the building.
900.13 CONTRACTOR Provided Facilities:
Contractor shall provide the OWNER with the following facilities, satisfactory to the
PROGRAM MANAGER:
i. Three (3) designated parking spaces
ii. A site air conditioned office having: (Existing Contractor will be required to assume
the existing lease after its expiration in April 2008)
a. A restroom with a WC, wash basin and mirror and connected to City water and
sewer. Restroom shall be kept stocked with soap, toilet paper and paper hand towels
and cleaned on a daily basis. (supplies only)
b. A complete office comprising a office desk, office chair, additional chair, two 4 -drawer
filing cabinets, phone, desk lamp, mini -tower computer complete with software and
modem, printer, copier, printer and copier paper. (supplies and maintenance only with
the exception of supplying an original copy of the following software: Primervera P3 and
Powerpoint and providing a drawing rack with eight (8) drawing sticks and a three (3)
hole punch)
c. A meeting room complete with conference table and 8 -chairs, water cooler, and
coffee pot. (supplies and maintenance only)
d. Provision and payment of all utilities, including Broadband internet connection,
potable water, electricity, phone service. (maintenance only)
NOTE: The office trailer has been supplied under a previous contract and only the on-
going costs for its rental, supplies and that noted above etc. are to be included in the
Contractor's price, with the exception of potable water.
900.14 Temporary Facilities
i. Contractor shall be responsible to provide temporary power for his Work and its
distribution.
ii. Contractor shall be responsible for providing compressed air for his Work and its
distribution.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 135
iii. CONTRACTOR shall be responsible to provide all temporary lighting to ensure that
his Work is adequately lit to promote a safe and effective working condition.
iv. Contractor shall be responsible to provide a Construction Field Office, Trade Shacks,
Change Rooms and any other shelter necessary to support his Work. Site space is
limited and CONTRACTOR shall be required to obtain OWNER'S prior approval for the
quantity, size and location of all shelters prior to mobilizing.
900.15 Control
Contractor shall provide two (2) permanent "Bench Marks" at the Project site
establishing a reference elevation and coordinates. Location to be approved by the
CONSULTANT.
900.16 "eBuilder Solutions"
The City intends to implement "eBuilder Solutions", an electronic construction
management system, on this project and will require CONTRACTOR'S staff to be
trained in its use.
These supplementary conditions shall take precedence over conditions in
Division 1 of the Technical Specifications.
900.17 Risk Assessment Plan Items
CONTRACTOR's Risk Assessment Plan (RAP) items, as set forth in the RAP submitted
by CONTRACTOR in its response to the Invitation to Bid, which RAP is incorporated
hereto in its entirety as if fully set forth herein, shall not be the subject of an increase in
the Contract Price, up to the maximum amount identified for each respective item (and
the corresponding maximum cost allotted for each risk item in the RAP). Accordingly,
CONTRACTOR hereby warrants and represents to the CITY that all items identified in
CONTRACTOR's RAP (per item, and per the maximum cost allotted to each item) were
intended to be (and are) included in CONTRACTOR's Base Bid Price, and will therefore
not be submitted as Change Order (and/or other cost increase) requests to the CITY, up
to the maximum allowable price/cost identified for each item in CONTRACTOR's RAP.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 136
00920. ADDITIONAL ARTICLES:
[ X ] 1. Prevailina Waae Rate Ordinance. (N/A)
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non -federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[ ] 2. Federal Grant Proiects: (N/A)
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of these Contract Documents.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 137
00922. STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 94-2960)
No,
Contract No. T78 34 - taVe 7 Project Title T7A,,< 74,-)4 iec hi 44.c_.
r -AC./ 2a/ PACA.44ft
ftb.
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated I o , 2007
STATE OF
) SS
COUNTY OF
The foregoing instrument
, 20_02, by
persona* known to me or
identification and who did/did not
By:
By:
he To Gro
on
46,
Wiarto- 4
Carlos
(Print Name and Title)
da
•
)
, Vice President
was acknowledged before me this
Carlos Ardavin
who has produced
take an oath.
WITNESS my hand and official seal, this 2-0 day o
(NOTARY SEAL)
MARILYN NOYA
Y COMMISSION # DD 504805
EXPIRES: May 4, 2010
Bonded Thu Nobly Put& Unary:tors
.1.. 1(1 11I• 111110.111•11k.
"Z -C) day of
who is
as
Mvr
(Signatu of p rson taking acknowledgment)
(Nk1\°
(Na of officer king ack ledgment)
(typed, printed or stamped)
1•%ttib.V1 ?l C- '
Title or rahk)
qv
Otk%06
(Serial number, if any)
My commission expires: 6 Z-010
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 138
00923. STATEMENT OF COMPLIANCE,
(DAVIS BACON ACT)
No.
Contract No. .x -/-P, .3a - /4a ?
ProjectTitle AvLT7 Arlo<PNs
7)44 -cd." P14 -c-/4-//7 P14c�4-iry 5/0
"a €,C4'a No. 3 /
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated 6,101 , 20 07
STATE OF)
COUNTY OF 44%1G ) SS
By:
€vP
By: Carlos Ardavin, Vice President
(Print Name and Title)
The foregoing instrument was acknowledged before me this day of
� known , 20 07, by Carlos Ardavin who is
Pers ally to me or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this ii • ay of , 20 07.
(NOTARY SEAL)
MARILYN NOYA
MY COMMISSION # DD 504805
EXPIRES: May 4, 2010
a��� rs
(Signature of person ting acknow ;!' gment)
tAek.tkt� ��
'Name of office taking acknowledgment)
(typed, printed or stamped)
7‘)\0\cc,
(Title orrank)
VD 60(4 9r)C
(Serial number, if any)
My commission expires: St IJA i -O t O
BID NO: 3406/07 CITY OF MIAMI BEACH
DATE: 06/19/07 139
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT: CONSULTANT:
(name, address)
TO (CITY):
DATE OF ISSUANCE:
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 140
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
CONSULTANT
BY DATE
In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct
the work on the list of items attached hereto within from the
above Date of Substantial Completion.
CONSULTANT
BY DATE
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 141
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
TO (CITY):
DATE OF ISSUANCE:
CONSULTANT:
BID/CONTRACT NUMBER:
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
CONSULTANT
BY DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(date).
City of Miami Beach, Florida
(time)
By Contract Administrator Date
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 142
00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all work and materials
for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
ATTEST:
(Secretary)
(Corporate Seal)
By:
CONTRACTOR
(Name of Corporation)
(Signature)
(Print Name and Title)
day of , 20
F:\PURC\$ALL\Roman\boilerplate\blank constructionbidBid.doc
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 143
[If not incorporated sign below.]
WITNESSES:
By:
F:\PU RC\$ALL\GUS\Bids\ParkingGarage.doc
CONTRACTOR
(Name of Firm)
(Signature)
(Print Name and Title)
day of
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 144
[ X ] 00950. DRAWINGS INDEX:
I. Specifications/Drawings for the MULTIPURPOSE MUNICIPAL PARKING
FACILITY haves been prepared by:
PERKINS + WILL ARCHITECTS, INC.
999 Ponce De Leon Boulevard, Suite 915
Coral Gables, Florida 33134
Tel.: 305.569.1333
Fax.:305.569.1334
Plans and Specifications for this project are available in digital format. Please call
the City of Miami Beach Procurement Division at 305-673-7490 to secure a CD
copy of the Plans and Specifications. The cost for the plans and specifications
CD is $10.00, company checks and cash accepted no credit cards please.
Drawings:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 03/30/07 145
01000. ADDENDA AND MODIFICATIONS:
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as Addendums to the
Contract Documents. (Please see page 151)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 03/30/07 146
02000. TECHNICAL SPECIFICATIONS:
Plans and Specifications for this project are available in digital format. Please call the
City of Miami Beach Procurement Division at 305-673-7490 to secure a CD copy of the
Plans and Specifications. The cost for the plans and specifications CD is $10.00,
company checks and cash accepted no credit cards please.
Specification Divisions:
Division 1 - General
Division 2 — Site Work
Division 3 - Concrete
Division 4 - Masonry
Division 5 - Metals
Division 6 — Wood and Plastic
Division 7 — Thermal and Moisture Protection
Division 8 — Doors and Windows
Division 9 - Finishes
Division 10 - Specialties
Division 11 - Equipment
Division 12 - Furnishings
Division 13 — Special Construction
Division 14 — Conveying Systems
Division 15 - Mechanical
Division 16 — Electrical
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07
147
03000. BID PROPOSAL FORM
BID NO. 34-06/07
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING
(Except Tenant Build -Out) "Add Alternate #1"
BID FORM (Page 1 of 3)
Our LUMP SUM BID AND ALTERNATES includes the total cost for the work specified
in this bid, consisting of furnishing all materials, labor, equipment, supervision,
mobilization, demobilization, survey overhead & profit, insurance, permits and taxes to
complete the Work to the full intent as shown or indicated in the Contract Documents.
"jWGn11-Y 5Ix M( 1-1.40A)
Lump Sum Bid: $ , C 9 : `�( � ()(-C
S VL A/ (4vm1)12(-t f xTY ,-NI A% 07 1-IfVl&N�
Written Amount
NOTE: Determination of award of this Contract will be based on the lowest and
best bidder's LUMP SUM BID and SELECTED ALTERNATES., Alternates will be
selected by the City based on budget constraints.
Alternates: (Add/Deduct to/from the Lump Sum Bid)
1.
2.
(Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
()C)
OAi/ = t I LG-/ O it) `r-tA.. O ( 11/0 f n/i 41'&51"/ A./ t Al 1.7 T H-01) SA,.v tt `061..t..2142 -S
Written Amount
(Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
Written Amount
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07 148
•
4.
6.
BID FORM (Page 2 of 3)
(Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
Written Amount
(Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
Written Amount
Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
Written Amount
(Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
Written Amount
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07 149
7.
BID FORM (Page 3 of 3)
(Circle Add/Deduct as applicable)
Add/Deduct to/from Lump Sum Bid: $
Written Amount
Should Additional Work be Required for Unforeseen Conditions and/or Additional
Work not Specified in the Bid Documents, we propose to complete this Work at
the following Rates:
1. Provide all supplies and materials required at Contractor's cost.
2. The hourly labor rate may be negotiated by the City Manager or designated
representative based on the minimum Prevailing Wage Rates.
FIRM'S NAME
SIGNATURE:
TITLE/PRINTED NAME: Car
Tower Group, Inc.
vin, Vice President
ADDRESS: 405 SW 148 Avenue; Suite One; Davie, FL 33325
TELEPHONE NUMBER: 954-476-3200
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07 150
FAX: 954-474-3111
UNIT PRICES
(FOR INFORMATIONAL PURPOSES ONLY)
(Page 1 of 1)
Unit prices are for informational purposes only, in the event that additional quantities are
required and/or for Value Engineering purposes/negotiations. Recommendation of award
will be based on the LUMP SUM BID and SELECTED ALTERNATES.,
DESCRIPTION UNIT COST INSTALL COST
Note: All unit prices shall remain in effect for the duration of the project
ARCHITECTURAL
Concrete & Masonry.
Doors. Windows & Hardware
Finishes
Specialties:
External Screen Wall
Elevators:
Traction
Hydraulic
ELECTRICAL
Garage Liahting Fixtures
Electrical cable per lineal foot inclusive of all fittings. supports etc.
PLUMBING
Piping per lineal foot Inclusive of all valves and fittings. supports etc..
FIRE PROTECTION
Sprinkler System Sprinkler Heads
Stand -By Generator
MECHANICAL
Chiller Package
Fire Pumps
MISCELLANEAUS
OFFICE BUILD -OUT
N.A.
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07 151
1
Unit Prices
eneral on • itions
Cost of General Conditions (per Day)
Cost of On -Site Securi •er Week
$3,300.00
$2, 880.00
1
tewo
Import and Export of Soils (CY)
Road Base (CY)
Asphalt Base Course (TN)
Asphalt Finish Course (TN)
Concrete Pavinst (CY
andscaping 8 Irrigation
Irrigation Piping (LF)
Irrigation Heads (per Head)
Trans • lantin • Tree/Palm Ea
$8.50
$34.00
$110.00
$115.00
$450.00
oncrete
Concrete and Masonry Total
Cast -in-place Concrete (CY)
Cast -in- • lace Architectural Concrete CY
' asonry
CMU (per 8" block)
Beam Penetrations ea
$12.00
$125.00
$250.00
$8,189,136.00
$970.00
$1,200.00
aterproo ng
Crystalline Waterproofing Total
Fireproofing (SF)
Crystalline Waterproofing (SF)
Traffic Coatin • s SF
$29,000.00
$3.50
$2.75
$5.00
ns es
Finishes Total
3' H Drywall Partition (LF)
Shaft Wall (type K-10)
VCT (SF)
Vinyl Base (LF)
Carpet (SY)
Ceramic Tile (SF)
ACT (SF)
Paint (SF)
$1,057,458.00
$15.00
$8.00
$1.65
$1.25
$24.00
$8.00
$2.75
$0.70
creen Wall
External Screen Wall Total $1,559,650.00
Ire xt nguls ers
"ire Extin • uisher and Cabinet EA
evators
Elevators Total
"Smart" Elevator Controls Ea Elevator)
$185.00
ectr ca
$901,500.00
$20,000.00
Garage Light Fixtures
Electrical cable per lineal foot
Horn/Strobes (EA)
Data or Voice (EA)
Electrical Outlet (EA)
Electrical Conduit (EA)
Exit Si ns EA
$225.00
$6.00
$55.00
$125.00
$65.00
$60.00
$65.00
re rotect on
Sprinkler System Sprinkler Heads
Stand -By Generator
Fire Pumps
S • rinkler Head EA
$175.00
$35,000.00
$8,000.00
$175.00
ec anlca
Chiller Package
Fire Dampers (EA)
Volume Dampers (EA)
Ductwork (#)
VAV Boxes (EA)
Return and Supply Air Devices (EA)
Exhaust Fans (EA)
$312,500.00
$75.00
$85.00
$2.25
$65.00
$35.00
$250.00
04000. ACKNOWLEDGEMENT OF ADDENDA
INVITATION FOR BID NO. 34-06/07
FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 – GARAGE & OFFICE BUILDING COMPLEX
Directions: Complete Part 1 or Part 11, whichever applies.
Part 1: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No. 1, Dated 7/17/07
Addendum No. 2, Dated 7/30/07
Addendum No. 3, Dated 8/2/07
Addendum No. 4, Dated 8/10/07
Addendum No. 5, Dated 8/15/07
Addendum No. 6, Dated: 8/16/07
Part II: No addendum was received in connection with this Bid.
Verified with Procurement staff
Z
Name of Staff
'7A) 7
Date
r—,
• . f("2 RASA) p .Y" � e,7
ipi- ers- Name I 'bate
4..f .r.,,...?
Signature
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07 152
05000. CUSTOMER REFERENCE LISTING
BID NO.
MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 GARAGE & OFFICE BUILDING
(Except Tenant Build -Out)
CUSTOMER REFERENCE LISTING
General Contractor (and/or Sub -Contractors) shall furnish the names, addresses,
telephone and fax numbers of a minimum of four (4) separate completed projects
references, with an emphasis on plumbing installations and restroom renovations. (See
Minimum Requirements, Page 8)
1) Company Name Easton Group
Address
10165 NW 19th Street; Miami, FL 33172
Contact Person/Contract Amount Albert Couto / $5.5M / $5.1M $4.8M
Telephone Number 305-593-2222 Fax: 305-591-3863
2) Company Name Industrial Developments International.
Address 3424 Peachtree Road, NE; Atlanta, GA 30326
Contact Person/Contract Amount Jim Sligar / $8.4M / $4.9M
Telephone Number 404-479-4006 Fax: 404-479-4001
3) Company Name Dvad Constructors, Inc.
Address 8505 Holt Street; Houston, TX 77054
Contact Person/Contract Amount Rick Trask / $9.4M
Telephone Number 713-799-9380 x 305 Fax: 713-799-2021
4) Company Name Palm Beach County County Water Utilities Dept.
Address 8100 Forest Hill Blvd; West Palm Beach, FL 33143
Contact Person/Contract Amount Phil Scudiero / S16.4M
Telephone Number 561-308-4275 Fax: 561-493-6085
BID NO: 34- 06/07
DATE: 06/26/07
CITY OF N1IAM1 BEACH
153
5) Company Name Parrot Jungle Island
Address 1111 Parrot Jungle Trail; Miami, FL
Contact Person/Contract Amount Bern Levine / $33.7M
Telephone Number 305-400-7201
6) " Apany Name City of Miami Beach
Ariti rP SS
Fax: 305-400-7290
1701 Meridian Avenue; Miami Beach, FL 33139
kAmfact 17cc,;IContract Amount Jorge Chartrand / $7.1M
......... -7073
r • •-1
Address 43 0.1 -pr:
Contact Person/C.4.- ,tract Amoun, m / $21.8M/ $11.9M / $14.6 M
Telephone Number 904-819-8152 Fax: 904-819-8155
8) Company Name CRG Architects
Address 216 St. Joans Avenue; Palatka, FL 32177
Contact Person/Contract Amount Robert Goodwin / S2.1M
Telephone Number 386-325-0213 Fax: 386-328-1401
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07
154
06000. SUB -CONTRACTOR LISTING INFORMATION
INVITATION FOR BID NO. 34-06/07
FOR MULTIPURPOSE MUNICIPAL PARKING FACILITY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
PROPOSED SUB -CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
Name of Subcontractor Work to be performed % of Work to be
performed
(Telephone and fax no.)
Name: Trade Pro Concrete Masonry 25%
Tel: 561-863-7349
Fax: 561-842-2744
Name: TWS Structural Steel 3%
Tel: 954-983-9749
Fax: 954-983-9669
Name: Above All Waterproofing 3%
Tel: 727-573-9771
Fax: 727-573-9773
Name: Francis Fire Protection 2%
Tel: 954-584-7910
Fax: 954-584-9480
Name: HYvac HVAC 4%
Tel: 954-427-3811
Fax: 954-426-3762
Name: Solares Electrical 12%
Tel: 305-717-6184
Fax: 305-715-7047
(Attach additional forms If necessary)
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07
155
C.O.D Order T-SQUARE
ATTN: FRANK SERRA
FAX 305-325-1590
PHONE 305-324-1234 EX. 206
CITY OF MIAMI BEACH
ITB # 34- 06/07
MULTIPURPOSE MUNICPAL PARKING FACILTY
BID PACKAGE 03 — GARAGE & OFFICE BUILDING COMPLEX
Authorized by: Gus Lopez Fax: 305-325-1590
*Any other copies or reproductions are additional to this price
Price per SQ.FT $ full size/ half size $ per first copy & second copy
Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to: COD T -Square Acct# 092362 Cash:
,-- Credit Card # Visa:_ Amex: Master: Other: Ex. date
In the name of: Authorization signature
Ship TO: City State zip code
Phone: Fax: Contact name
Title
Received by: shipped by: UPS # FEDEX
Received by:
Next day air
air
Next day air saver
shipped by: UPS # FEDEX #
Ground Second day air AM Second
Three day select Handling charge $
Order received by T -Square: Title:
ANY QUESTION AT T-SQUARE, PLEASE CALL 305-324-1234
AND ASK FOR: FRANK SERRA = Ext. 206
or reach fserrat@t-square.com
If you already have an account with T -Square please use your account # to
place the order.
BID NO: 34- 06/07 CITY OF MIAMI BEACH
DATE: 06/26/07 156
RISK ASSESSMENT
Risk Assessment Plan
The following items are not anticipated, but have the opportunity to occur on a project of this nature and
magnitude if the items are not handled properly. The risks listed below are ranked in an order that we feel is
most severe or has the most significant chance to occur to least severe or has the least significant change to
occur.
1. Risk: Missing or overlapping scope items between bid packages 01, 02, 03 and 04.
Impact on cost: $500 - $500,000, depending upon nature of scope item
Impact on time: 2 days - 21 days, depending upon nature of scope item
Solution: Since this project is not being administered as one lump sum for the entire work and since the
scope of work summary is not detailed, we would suggest meeting with the City of Miami Beach,
project consultants, and the contractors associated with the other bid packages as part of a partnering
program prior to the start of construction. This would enable us to identify items that are not included in
any one contract so that the City of Miami Beach can proceed to supplement one party's contract so that
the project is not delayed.
2. Risk: Deliveries and disruption of traffic during business hours and convention center events.
Impact on cost: $30,000
Impact on time: 2 to 4 months.
Solution: We intend, as part of our base bid, to prepare a workable construction service entrance at 18th
Street and Meridian Ct. This will enable all deliveries to enter and exit from Meridian Ave. with
minimal disruption of traffic. This will also allow the joists to be picked directly from the trucks which
will eliminate long road closings on Meridian Ave. and expedite the schedule. If the City of Miami
Beach allows deliveries during off-peak hours then this will also expedite the schedule.
4. Risk: Hurricanes
Impact on cost: $10,000 - $3,000,000
Impact on time: 14 — 90 days
Solution: We already implement a hurricane prevention plan on all of our jobsites which goes into
effect days before the threat of a hurricane. The answer to question number eight of addendum #5 stated
that a wind policy is not a requirement under the builder's risk policy. We would recommend that the
City reconsiders purchasing a wind policy as part of the builder's risk policy so that any loss that occurs
to the project as a result of a hurricane is covered.
3. Risk: Safety
Impact on cost: $60,000 - $120,000
Impact on time: 0 days
Solution: Safety is included as part or our base bid including all fall protection, trench safety, signage,
temporary railings and hole protection, flagmen, fire extinguishers, temporary barricades, personal
protective equipment and temporary pedestrian walkway protection along Meridian Ave. We also
implement a safety program which requires OSHA 30 Hour personnel on each job site, weekly safety
meetings, and safety inspections by an outside vendor. The cost above is for outrigger debris netting on
two to four sides of the garage which will greatly reduce the amount of construction debris that may
come in contact with adjacent structures, vehicles or pedestrians.
1.
Risk: Damage to existing structures/property outside of this projects property boundaries due to the
consolidation of soil material caused by dewatering activities.
Impact on cost: $1,000 - $50,000, depending upon nature of damage.
Impact on time: No foreseeable impact on time.
Solution: We would hire an outside engineer to certify, sign and seal the dewatering design provided by
the dewatering subcontractor. We would make sure that there are additional piezometers and open
observation wells located around the perimeter of the property and near adjacent structures.
Additionally we would use turbidity meters to monitor the amount of sediment that is being distributed
through dewatering so that we can adjust the design as necessary to minimize the removal of sediment
material. Also, we would monitor the storm water run-off and erosion on the site and provide erosion
control where necessary.
5. Risk: Coordination of drawings.
Impact on cost: $500 - $10,000, depending upon the nature of the conflict.
Impact on time: 2 days —14 days, depending upon the nature of the conflict.
Solution: We would place an MEP project manager and CAD operator on the project (as we have done
on other projects) to coordinate the shop drawings from subcontractors and vendors in an effort to avoid
major conflicts prior to construction/fabrication and delivery of key components.
6. Risk: Quality control.
Impact on cost: $100 - $10,000, depending upon level of re -work.
Impact on time: 0 — 45 days, depending upon re -work item.
Solution: We already anticipate designating a current member of our project team to oversee quality
control. In order to keep tighter control over materials, deliveries and workmanship we employ full-
time quality control personnel that would inspect materials and workmanship both on-site and at
warehouse locations in order to spot defective materials ahead of deliveries. This person would keep a
daily log of materials and deficiencies and would up -date as -built drawings to assure that the level of
work in place meets the standards as shown in the drawings and specifications.
Value Added Options or Alternatives
1. Option: The entire project could be scaffold with containment debris netting on the exterior side of the
scaffolding. This would expedite the work of the exterior trades (stucco, steel, glass, louvers, sun
control devices, stone, etc.) as well as mask the unsightly construction work. This scaffolding has also
been used in other cities as a means to post advertisements through graphics and banners adhered to the
exterior of the debris netting. This could be used to advertise upcoming events at the convention center
or the Jackie Gleason Theatre, or could be used to generate revenue for the city through outside
advertising.
Cost: Approximately $600,000
Time: Save 2 to 3 weeks on construction schedule.
OTHER TOWER GROUPS DOCUMENTS
THE
TOWER
GROUP
Bid Submission Requirements
Section 1.01
Question A
Name of Bidder:
Bidder's Address:
E-mail Address:
Phone/Fax Numbers:
Federal ID #:
Type of Organization:
City of Miami Beach
Parking Garage
The Tower Group, Inc.
405 SW 148th Avenue; Suite One
Davie, FL 33325
bporak@thetoweraroun.com
Phone: 954-476-3200
Fax: 954-474-3111
65-0584540
Corporation
Carlos Ardavin, V`icelresid-ent Date9/2n/r)?
/
City of Miami Beach Parking Garage
Table of Contents
1. 00315 - Bid Submission Requirements
a. Table of Contents
b. Identification Page
c. Organizational Chart
d. Key Personnel Resumes / References
e. Staffing Plan
f. Past Performance
g. Risk Assessment / Project Schedule / Site Utilization Plan
2. Declaration: Nondiscrimination in Contracts and Benefits
a. Health Insurance definitions page from The Tower Group, Inc.
3. Reasonable Measures Application
4. 00400 — Bid/Tender Form
5. 00405 — City of Miami Beach Licenses, Permits and Fees
a. Certificate of Insurance
b. General Contractor License
c. Miami -Dade County Occupational License
6. 00410 — Bid Guaranty Bond Form
a. Original Bond
7. 00500 — Supplement to Bid/Tender Form
a. Equipment List
b. List of Legal Matters
8. 00520 — Supplement to Bid/Tender Form — Non Collusion Certificate
9. Supplement to Bid/Tender Form — Drug Free Workplace Certification
10. Supplement to Bid/Tender Form — Trench Safety Act
11. 00922 — Statement of Compliance — Prevailing Wage Rate Ordinance No. 94-2960
12. 00923 — Statement of Compliance — David Bacon Act
13. 03000 - Bid Proposal Form
14. Unit Prices
15. 0400 — Acknowledgment of Addenda
16. 05000 — Customer Reference Listing
17. 06000 — Sub -Contractor Listing Information
00315. BID SUBMISSION REQUIREMENTS,
The following information should be submitted with you bid response
1.01 CONTENTS OF QUALIFICATION STATEMENT
Bid packages must contain the following documents, each fully completed, and
signed as required. Bid packages which do not include all required
documentation, or are not submitted in the required format, or do not have the
appropriate signatures on each document, may be deemed in the City's sole
discretion to be non-responsive. The City reserves the right to request any
documentation omitted, with exception of the 5% Bid bond and the Bid Price form
in a sealed envelope, bidder must submit the documentation within three (3)
calendar days upon request from the City, or the bid shall be deemed non-
responsive. Non-responsive bid packages will receive no further consideration.
A. IDENTIFICATION PAGE AND TABLE OF CONTENTS
Bidder shall provide an Identification Page including the following information:
• Name of Bidder. (Note: if co venture, specify)
• Address of submitting Bidder. (Note: if co venture, specify)
• E-mail address for the appropriate contact person at the submitting
company.
• Phone number and facsimile number of submitting Bidder.
• Federal Tax Identification Number for submitting Bidder.
• Declaration regarding company organization, whether as Corporation,
Partnership, or other. (Note: if co venture, specify)
• Signature of an officer or other individual of the submitting Bidder who has
the authority to bind said Bidder.
• Printed name of the authorized signing officer or other individual.
• Title of the authorized signing officer.
II Date of signature.
• Table of Contents.
B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM
It is a requirement of the bid that the Bidder, staff the project with competent
individuals, and qualified supervisory personnel. To that end, the Bidder shall
provide:
Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e.,
General Contractor, sub -contractors, and key personnel) ability to execute the
type of work described within the Contract Documents of this Invitation to Bid
(ITB).
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 35
It is recommended that the bidder provide representative projects as outlined
above to include the following information and components:
• Bidder's role
• Project name
• Project location
• Brief description of work performed
• Names, addresses, telephone number, fax number, and contact name
for the following:
• Owner or Agency
• Name of General Contractor's project manager and field superintendent
• Awarded contract amount and final contract amount
• Project Status (Projects may include finally completed projects).
• An organizational chart listing the proposed key personnel, their qualifications
and their roles in the project, resumes which shall include educational
background, work experience, employment history, and any other pertinent
information. Where applicable, Bidder team members shall also submit
current and valid certifications and/or licenses for their individual scope of
supervision. At a minimum, the bidder shall include the following proposed
project team members:
• Construction Project Manager
• Construction Superintendent
• Site Foreman
• A staffing plan that clearly illustrates the key elements of the proposed
organizational structure. The staffing plan should indicate the availability of
the personnel proposed to work on the Project. The staffing plan should also
indicate the name of the individual who will serve as the primary contact with
City. Bidder shall clearly detail the role of all Sub -contractors proposed for
the Project.
C. PAST PERFORMANCE
Please provide your client with the Performance Evaluation Letter and Survey
attached herein on pages 43 and 44 , and request that your client submit
the completed survey to Stephanie Campaniony, Procurement Specialist at
the following e-mail stenhaniecamoanionvCa)_miamibeachfl.aov
Please understand that we will not accept Client Surveys being sent to
our office from the office of the bidder. Surveys must be sent to
Procurement from your client's office(s). Contractors are responsible for
making sure their clients return the Performance Evaluation Surveys to the
City. The City reserves the right to verify and confirm any information
submitted in this process. Such verification may include, but is not limited to,
speaking with current and former clients, review of relevant client
documentation, site -visitation, and other independent confirmation of data.
D. RISK ASSESSMENT AND PROJECT SCHEDULE
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 36
All bidders must submit one (1) original and ten (10) copies of the Risk -
Assessment Plan. The Risk -Assessment Plan should not be longer than
two pages front side of Page only. The RAP should not contain anv
reference to the bidders name within the document. Please exclude anv
letterhead or logos. anything that can identify your company's name.
(Note: The City reserves the right to request, from the bidder, to re -submit the
RAP in cases where the RAP has exceeded the four pages of length or any
RAP that has been identified with the bidder's name or logo. Consultants
must submit the documentation within three (3) calendar days upon request
from the City, or the proposal shall be deemed non-responsive.) The RAP
should be submitted in a sealed labeled envelope and included within the ITB
submission. The Risk -Assessment Plan should address the following items in
a clear and generic language: (Please refer to Section 00315. BEST VALUE
PROCUREMENT ATTACHMENTS AND FORMS, Attachment No. 3 and 4
found on pages 45 - 48 ).
The RAP should address the following items in a clear and generic language:
(1) What risks the project has. (Areas that may cause the Contractor not to
finish on time, not finish within budget, cause any change orders, or be a
source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize.
(3) Propose any options that could add value to this project.
(4) Explain the benefits of the Risk Assessment Plan. Address the quality and
performance differences in terms of risk minimization that the City can
understand and what benefits the option will provide to the user. Do not
provide brochures or marketing pieces.
5) Please make sure you attach a preliminary Project Schedule behind the
Risk Assessment Plan
E. BID PRICE
Bidders are required to submit their bid price lump sum using the form found
on page 56 and attach also the Unit Price Form found on page 57 herein.
Bidders are to submit this form in a sealed envelope but separate from the
sealed Risk Assessment envelope. Labeling the sealed envelope with your
company's name is permitted. The Bid Price (Phase III), shall be evaluated
and ranked at the end of the Technical Review Panel Meeting and the score
added to Phases I and II to arrive at a final score for each bidder.
00320. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS
ATTACHMENT 1
Detailed Instructions on How to Prepare a Reference List and How to
Prepare and Send Performance Surveys
Overview
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 37
No names!!! - In order to minimize any bias by the Technical Review Panel, the
RAPNAS must not contain ANY names (such as contractor, manufacturer, or
designer names, personnel names, project names, product names, or company
letterhead). The RAPNAS should not contain any marketing information.
Length - The City's goal is to make the selection process as efficient as possible.
Efficiency is to minimize the effort of all participants, especially those who will not get
the project. Therefore, the RAP should be a brief, well organized and concise. The RAP
must not exceed 2 pages, does not include the preliminary project schedule or the
phasing plan, these are additional.
Organization - Outline format. The attached format is only a sample.
Impact of Risks
Risks are any concerns, events, and issues not covered by the contract documents that
your firm and your sub-contractor(s) may not directly control but which you should be
prepared to address and mitigate throughout the duration of the project as part of your
submittal. These are the most critical items that can impact the project's cost, schedule
time, and the City's quality expectations. The risks should be prioritized, or listed in
order by the greatest risks at the top to the lowest risk in descending order. The
description of the risks identified in the RAP should not have any additional cost or time,
but are risks that the contractor will try to minimize.
Rating of Risk Assessment PlanNalue Added Submittals
The RAPNAS will be rated by the Technical Review Panel assigned to this project.
Key elements of the RAP should include:
1. Identification and description of potential risks and plans to minimize/mitigate each
risk.
2. Presentation of value-added options or alternates, with a clear description of
associated benefit, and impact (+/-) on project's cost and schedule.
3. The Preliminary Project Schedule.
Checklist for Risk Assessment Plan
1. Are all names removed from the RAPNAS: personal, project, or company names?
2. Are risks listed, high impact risks? (Do not list risks that you can easily handle
unless you perceive others are not doing it)
3. Does the RAPNAS include all service, quality control processes; documentation that
you do that your competition does not.
4. Are Public Relation risks such as interfacing with project managers, users of the
facility, or audit/inspection personnel included?
5. Is a preliminary project schedule included?
6. Does your RAPNAS plan differentiate you? By how much?
7. Would your RAPNAS make technical and non-technical individuals comfortable with
hiring you?
8. Are the pages numbered?
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 46
9. Did you print one (1) original and ten (10) copies of your RAPNAS and enclose
them in a sealed envelope?
If all items are checked, your risk assessment plan is ready to submit.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 47
ATTACHMENT 4
Risk Assessment / Value -Added Plan Format
Maior Risk Items
Identify project potential risks that your firm and your sub-contractor(s) may not directly control
and your plan to minimize each risk — included as part of your base submittal. Prioritize the
risks, listing the greatest risk first. You may add to the list as necessary.
Risk 1:
Plan to
Minimize Risk:
Risk 2:
Plan to
Minimize Risk:
Risk 3:
Plan to
Minimize Risk:
Risk 4:
Plan to
Minimize Risk:
Risk 5:
Plan to
Minimize Risk:
Risk 6:
Plan to
Minimize Risk:
Risk 7:
Plan to
Minimize Risk:
Risk 8:
Plan to
Minimize Risk:
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 48
Risk 9:
Plan to
Minimize Risk:
Risk 10:
Plan to
Minimize Risk:
Value Added Options or Alternates (how you will differentiate yourself from
others1
Identify any proposed value-added options, or alternate services, not included in your base
submittal, with a brief description of how they add value to the project. Identify if each item will
increase or decrease project schedule, cost, or expectation. You may add/delete to the list as
necessary.
Item 1:
Impact: Cost, $ / Schedule,
Credit ($) + Days / (-) Days
Item 2:
Impact: Cost, $ / Schedule,
Credit ($) + Days / (-) Days
Item 3:
Impact: Cost, $ / Schedule,
Credit ($) + Days / (-) Days
Item 4:
Impact: Cost, $ /
Credit ($)
Schedule,
+ Days / (-) Days
Attach a Preliminary Proiect Schedule
(Do not include schedule impact from Value -Added Options)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 49
00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES,:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the City before or during construction or the percentage method or unit
method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO
THE CITY by virtue of this construction as part of the Contract is as follows:
The prospective bidder (General Contractor) must have a valid State of Florida
General Contractor's License.
LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY MIAMI-DADE
COUNTY THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE
THE RESPONSIBILITY OF THE GENERAL CONTRACTOR.
1 Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065 Florida
Statutes.
NOTE: a) If the contractor is a State of Florida Certified Contractor the
followinq will be required:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES
(COMPANY AND PERSONNEL) AND CORPORATE
CERTIFICATES WITH YOUR BID RESPONSE
As per FBC 1822.1.20, the City shall hire and pay for Special Inspectors for Piling as
required.
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 54
00407. SCHEDULE OF PRICES BID:
Consideration for Indemnification of CITY $25.00
[X] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 63, Section 00540, to be considered
responsive.]
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 55
LIST OF UNIT PRICES
(For Information Purposes only)
BID FORM (Page 2 of 2)
Please provide the following cost for each unit line item and include this form together with your
Schedule of Prices Bid Form on the previous page. Both forms need to be submitted in a sealed
envelope, you may place your company's name on the outside of the envelope.
Work shall include all costs associated to complete the work
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 57
00410. BID GUARANTY BOND FORM (City to provide) (Standard Form used by
Surety Company is acceptable
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary: Applicant:
City of Miami Beach Amount:
1700 Convention Center Drive
Miami Beach, Florida 33139 Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
(branch address)
of
in United States Funds
(Bank, Issuer name)
by order of and for the account
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
available by your drafts at sight, accompanied by:
A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative, that the drawing is due to default in performance of
obligations on the part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
Drafts must be drawn and negotiated not later than
(name of project)
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
of dated
(Bank name)
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 58
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking
shall not in any way be modified, amended, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the tprms of this Letter of Credit that such drafts will be
duly honored upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and
to the provisions of Florida law. If a conflict between the Uniform Customs and Practice
for Documentary Credits and Florida law should arise, Florida law shall prevail. If a
conflict between the law of another state or country and Florida la -+w should arise,
Florida law shall prevail.
Authorized Signature
BID NO: 34-06/07 CITY OF MIAMI BEACH
DATE: 06/19/07 59
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Case No.: 03-020659
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Regosa Engineering, Inc v. Tower
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CITY OF MIAMI BEACH
MULTI-PURPOSE MUNICIPAL PARKING FACILITY
GARAGE & OFFICE COMPLEX
AGENDA/MINUTES
Date: December 03, 2007 Time: 2:OOpm
Location: CIP Conference Room
Attendee: CIP: Jorge Cano, Hiram Siaba
URS: Stephen Baumal,
P&W: Carlos Chiu
TTG: Armando Gomez, Randy Egues, John Zak, Carlos Ardavin, Mike
Gresser.
JALRW Eng.: Richard Walewski, Horacio Rodriguez
Subject: Garage & Office Complex Contract Award
The meeting opened with introductions by the parties present.
SB gave a brief introduction into the meeting with its purpose and JC provided additional
information along with the requirements related to the weekly Risk Assessment Plan report. A
copy of the draft Risk Assessment Plan with the risks from the other bidders added was handed
to TTG and a brief discussion of the items took place with CA accepting the initial seven risks as
stated. CA asked if they could get a copy of the report and SB advised that it would be forwarded
to them electronically for their use and update throughout the contract.
Agenda:
1. Project Team Confirmation
Project Manager —
Project Superintendent —
Project Engineer/QC -
Project Coordinator -
Scheduler:
Randy A. Egues
Robert Rojas,
Armando Gomez
Angela Powell
Associated Consulting Technologies
SB asked CA to confirm TTG's project team and CA advised the members as shown above and
added that RR would be employed for the foundations only and that they had not finally decided
on who would be the superintendent for the remainder of the work. SB stated that any proposed
superintendent would need to be approved by the City and would like to receive a resume as
soon as possible. CA acknowledged the requirement and said he would make the candidate
available for an interview.
G:\TRAVELDRIVE (E)\CMB160 - Multipurpose Parking\04.7 Progress Meetings\Garage & Office Complex\12-03 Contract Pre -Award
Meeting Minutes Final.doc
1
CITY OF MIAMI BEACH
2. Scope Review
a. Understanding from TTG of Work excluded in their Bid.
b. Detailed review of major components of TTG bid:
i. What is to be supplied (design aspects)
ii. Origin & termination points
1. MEP
2. Site Improvements
iii. Quantities
A general discussion on project scope took place but CA said that without their estimator, who
was not present due to previous commitments, being present they would prefer to have a separate
meeting where he was present. It was agreed that CA would contact SB to coordinate a meeting
to discuss scope and VE issues in detail. CA went on to state that their scope included
everything identified in the ITB documents.
3. Value Engineering
a. MEP
b. Screen wall
c. Store front
d. Waterproofing
e. Standby generator
f. Elevators
a. Scope of Work
i. Review of major items with Contractor to determine his understanding of
the design and the points of origin & termination.
1. Mechanical systems
a. Plumbing
b. A/C & Ventilation
c. Sprinkler
2. Electrical systems
a. Power Supply & Distribution
b. Lighting
c. Fire Protection
d. Data
3. Building screening
a. N, W & S faces
b. East Face
4. Site Improvements
a. Roads & Sidewalks
b. Landscaping
c. Miscellaneous
G:\TRAVELDRIVE (E)\CMB160 - Multipurpose Parking\04.7 Progress Meetings\Garage & Office Complex \12-03 Contract Pre -Award
Meeting Minutes Final.doc
2
CITY OF MIAMI BEACH
b. Value Engineering
i. Guidelines
1. Maintain DRB Approved Features
2. Maintain Quality
ii. Items to review & process
1. See item b. above
c. Alternates
i. Adds
ii. Deletes
SB asked CA whether a 50-50 split on VE cost savings was suitable to TTG. CA stated that the
arrangement would be acceptable.
JC explained that City did not want the VE process to alter the cosmetic appearance of the
facility or reduce the quality of its components.
CC gave some examples of what VE items the City would be interested in considering including
implementation of the revised ASHRAE guidelines. CA offered to put together a list of items
that could be discussed, after the contract was executed.
4. Builders Risk & Wind Storm Insurance
CA said that he understood that the City was self insured and its insurance covered loss from
wind storm of projects during construction. SB made it very clear that this was incorrect, as the
City's insurance was for completed buildings in the City's possession.
SB asked CA to clarify TTG's understanding as to the answer to question number 8 included in
addendum #5. CA said that "Wind Storm" coverage in a Builders Risk Insurance policy is not
available in South Florida with a $5,000 deductible so that their Builders Risk Insurance policy
could not provide that insurance coverage as it is not available.
SB asked CA if TTG had looked at and recognized that Article 22 of the Contract's General
Conditions included all loss or damage regardless of its cause, whether it be from wind storm,
tornado, earthquake etc. CA was provided with a copy of Article 22 of the Contract General
Conditions and, after reading it, said that the TTG understood and accepted it with exception of
"Wind Storm" damage which would be a "force majeure" occurrence as "Wind Storm" coverage
is not available in South Florida with a $5,000 deductible. SB remarked that TTG's ability or
inability to obtain a wind policy did not relieve TTG from their obligation, under Article 22 to be
responsible for all repairs to any damage or loss to their work before acceptance by the City. JC
added that Article 22 clearly makes the contractor fully responsible for correcting any damage to
their work, including wind damage, prior to final acceptance by the City, as it is the City's
expectation that the TTG will correct any such damage to the MMPF under the terms of this
G:\TRAVELDRIVE (E)\CMB 160 - Multipurpose Parking\04.7 Progress Meetings\Garage & Office Complex\12-03 Contract Pre -Award
Meeting Minutes Final.doc
3
CITY OF MIAMI BEACH
contract. CA stated that he did not feel the issue with regard to the wind policy would be a
problem however CA would address it with TTG's insurance people to confirm.
At the conclusion of the discussion, CA expressed that the TTG looks forward to growing its
business relationship with the City of Miami Beach; that they would do whatever was necessary
to move this project along; and that they were ready to sign the contract "as is".
The meeting was adjourned at: 4:60pm.
NOTICE:
These minutes are issued for review and comment by the meeting's Attendee. Comment
regarding the content and or accuracy of these minutes shall be brought to the attention of the
Program Manager within two (2) days of their issuance. If no comments are received within the
specified time the Minutes shall be assumed to accurately reflect the scope of discussion at the
meeting and action assignment responsibility.
GATRAVELDRIVE (E)\CMB160 - Multipurpose Parking\04.7 Progress Meetings\ Garage & Office Complex\ 12-03 Contract Pre -Award
Meeting Minutes Final.doc
4