Bid No. 118-99/00
CITY OF MIAMI BEACH
~ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
ltlp:\\ci.miami-beach.fl. us
COMMISSION MEMORANDUM NO. Il r -DD
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: October 18, 2000
FROM:
Jorge M. Gonzalez
City Manager
o~
SUBJECT: Request for Approval to Award a Contract to Regosa Engineering Inc., in the
Total Amount of $749,027, Pursuant to Bid No 118-99/00, for the 13th Street
Parking Garage Renovation.
ADMINISTRATION RECOMMENDATION
Approve the award.
BID AMOUNT AND FUNDING
$638,007
$111.020
$749,027
Funds are available from Parking Revenue Bond Fund Number 481.2078.069357.
Funds are available from Parking Revenue Bond Fund Account 485.2078.069357.
ANALYSIS
This Project consists of renovation to the existing City of Miami Beach Municipal Parking Garage
located at 1301 Collins A venue, including the renovation of the elevators, office area, ticket dispensing,
painting and new lighting.
The administration award recommendation was deferred from the City Commission Agenda (Item R2A)
of September 27, 2000.
This project must be completed by December 24, 2000, and must be awarded to a contractor that will
provide quality work and be able to complete in a timely manner, due to the upcoming season and tight
construction completion schedule. As a result, the City Manager, pursuant to Section 2-369 of the City
Code, has authorized the Procurement Director to notity the recommended contract awardee to
commence work up to an amount not exceeding $10,000.
AGENDA ITEM .f( 2A
DATE IO-t 0-00
261
Bid No. 118-99/00
Page Two
October 18, 2000
ANAL YSIS(Cont.)
On October 2, 2000, recommended awardee, Regosa Engineering, Inc., was directed and agreed to:
1. Start the project and track expenses, and to not exceed $10,000.
2. Submit an Insurance Certificate with all the required coverages, and indemnification provisions.
3. Prepare shop drawings for the Emergency Generator and the Lighting System, and forward the
completed shop drawings to the Public Works Project Manager for review.
4. Start on the underground work, plumbing, and any office related work.
5. Liquidated Savings in the amount of$SOO/day.
6. Provide the required Payment and Performance Bonds.
The entire scope of work includes demolition, concrete, masonry walls, reinforced concrete, stucco,
hollow metal doors and frames, hardware, glazing, lathing and plastering, exterior finishes, toilets,
plumbing, heating, ventilation, air conditioning, electrical systems, lighting, and communication-alarm-
signal systems. Interior finishing and related construction, along with mechanical and electrical
installations will also be included.
Based on the extensive scope of work, the contractor is allowed 90 days to substantially complete.
Upon receipt of City Commission approval to award the contract to Regosa Engineering, Inc., the
contractor will only have 65 days to complete the entire project. Therefore, the Procurement Director
has developed a Liquidated Savings Clause that will be incorporated into this contract, which will
provide this contractor with the incentive to complete the work prior to the required completion time.
The contract clause will read as follows:
"The City of Miami Beach and Contractor recognize that both parties will benefit
financially shall the project be completed prior to the 90-day contract time specified
herein.. Accordingly, for each calendar day that the contract work is accepted by the
City prior to the 90-day substantially complete the contractor shall receive as liquidated
savings for early completion, the amount of Five Hundred Dollars ($500.00) per day.
The total liquidated savings payment shall not exceed $12,500. Such payment will
be made after final acceptance in accordance with Section -.J entitled Acceptance
and Final Payment. The liquidated savings payment amount represents a reasonable
estimate of the City's savings for inspection, engineering services and administrative
costs realizedfrom early completion."
262
Bid No. 118-99/00
Page Three
October 18, 2000
ANAL YSIS(Cont.)
Invitation to Bid No. I 18-99/00 was issued on July 17, 2000 with an opening date of August 14, 2000.
DemandStar.com issued bid notices to four-hundred-thirty-seven (437) prospective bidders, resulting
in thirty-two (32) vendors requesting bid packages, and the receipt of three (3) responsive bids.
Vendors were sent letters requesting information as to why they chose not to bid and responded as
follows:
. Our company does not handle this type of product/service. (4)
. Our company is simply not interested in bidding at this time. (3)
. We were not able to attend the pre-bid conference. (I)
Note: The number in parentheses indicates the number of vendors who provided the reason(s) for not
submitting a bid.
Section 2-369 of the City Code, Award of Contract states that in determining the lowest and best bidder
in addition to price, the following shall be considered:
*
*
The ability, capacity and skill of the bidder to perform under the contract.
Whether the bidder can perform the contract within the time specified, without delay or
interference.
The character, integrity, reputation, judgement, experience and efficiency of the bidder.
The quality of performance of previous contracts.
The previous and existing compliance by the bidder with laws and ordinances relating to the
contract.
*
*
*
The bid received from Sueiro Construction Corp was the lowest bid. However, based on information
received from the City of North Miami while conducting due diligence in checking their references, aOO
the subsequent Supplier Evaluation Report received from Dun & Bradstreet, the Administration has
determined that although this bidder has submitted the lowest bid, they are not the lowest and best
bidder.
Reference items obtained are as follows:
I. Significant problems with change orders;
2. Current projects to renovate restrooms at a swimming pool are behind schedule; and
3. An original contract amount was approved $146,000, and they have requested seven (7) change
orders bringing the total amount $209, 794.23.
Additionally, the Dun & Bradstreet report shows that this company has only been in business since
1996, has a net worth of$2 I ,467, and has only two (2) employees (the officers of the company). Also,
this company currently is operating under the Standard Industrial Classification (SIC) of 1521, single
family housing construction.
263
Bid No. 118-99/00
Page Four
October 18, 2000
ANAL YSIS(Cont.)
Regosa Engineering Inc. (the second lowest bidder) is a responsive and responsible bidder, has been
awarded previous contracts by the City of Miami Beach and has performed quality work in a timely
manner.
Based on the above analysis of the bidders and bids received, it is recommended that the contract be
awarded to the next lowest, but best bid from the responsive, responsible bidder, Regosa Engineering
Inc.
BID TABULATION
Vendor Sueiro Const. Corp. Regosa Engineering Inc. S.P.E.C. Inc.
TOTAL LUMP SUM $638,490 $749,027 $875,000
Final Completion llO-days 110-days 11 O-days
JMG:C~YG:! Q.
C:\WlNDOWSIWP{WP}.BK6
264
INVITATION TO BID
13TH STREET PARKING GARAGE RENOVATION
BID NO. 118-99/00
BID OPENING: AUGUST 4, 2000 AT 3:00 PM
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
DEPARTMENT
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIOA 33139
http:\\cl.miami-beach.fl.us
~.
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 118-99/00
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 4th day of August,
2000 for:
13TH STREET PARKING GARAGE RENOVATION
Scope of Work: This Project consists of renovation to the existing City of Miami Beach Municipal
Parking Garage located at 130 I Collins A venue, including the renovation of the elevators, office
area, ticket dispensing, painting and new lighting.
The Work includes demolition, concrete, masonry walls, reinforced concrete, stucco, hollow metal
doors and frames, hardware, glazing, lathing and plastering, exterior finishes, toilets, plumbing,
heating, ventilation, air conditioning, electrical systems, lighting, and communication-alarm-signal
systems. Interior finishing and related construction, along with mechanical and electrical
installations are required in accordance with the specifications.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened. The responsibility for submitting
a bid/proposal before the stated time and date is solely and strictly the responsibility of the
bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S.
Mail, or any other occurrence.
A Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 10:00 a.m. on
July 26, 2000, at the First Floor Conference Room, located at 1700 Convention Center Drive,
Miami Beach, FL 33139.
The successful bidder will be required to furnish Performance and Payment Bonds, each in the
amount of one-hundred (100%) percent of the contract amount.
Package request forms are available by calling City of Miami Beach Procurement Division's
DemandStar.com system at (407) 975-3227 and requesting Document #1183.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail
or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL
33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All
questions must be received no later than seven (7) calendar days prior to the scheduled bid opening
date. All responses to questions/clarifications will be sent to all prospective bidders in the form of
an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of
Miami Beach may reject any and all proposals or bids.
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164.
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH RESOLUTION
NO. 2000-23879.
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
~~
Gus Lopez, CPPO
Procurement Director
IQ, _,;,a llWlllJlU lIIgOU 1.1I4I.1lH
uaa: a..Da5tiI.CQa
O-UI-UU 4.:4'4& p. 1 vl,
CITY OF MIAMI BEACH
"'OCIlIIIMlNT lllWllClll
ToI.pl\.... 1*1 17$07_
Facal"'hl1041 6nomt
INVITATION TO BID NO. 118-99/00
ADDENDUM NO. I
August 7,1000
13th Street ParkiDg Garage Renovation is amended as follows:
I. The Bid OpeniDg date is changed from August 4, 2000 to <\Ul!Ust 14. 2000 at :\:00 P.M.
U. Replace: Page 5 or original with attached Page 5 (Amended).
Add: attached Page 6 (Amended) Schedule of Values.
Note: Coo tact DemaudStar for drawiDgs M-I and 1\<1-2 (mechanical).
W. Listed below are questions and 80swen to prospecth'e bidder(s) lDqulries;
Ql. What are the ....orking days, and hour.t permirred by the City to complete this project?
AI. The pennitted working days are Monday thru Friday, from 7:30 A.M. to 6:30 P.M.
Q2. What areas of garage are to be coated?
AZ. The traffic deck coating is to be applied to all horizontal swfaces including parking
areas, ramps. walkways, and stairways.
Q3. If there going to he re-stripping in the garage?
AJ. The garage is to be re-stripped as pan of this project. Follow present stripping layout
except at handicapped areas where new stall sizes and stripping is indicated at each
level.
The bidder ~ acknowkdge receipt of this amendment, as well as receipt of all amendments, on the
proposal page.
Cl1Y OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
THE AMERICAN INSTITUTE OF ARCHITECTS
.
,vA. Docvmettc A.J10
Bid Bond
KNOW ALL MEN BY THESE PRESENTS,
Regosa EngineerUg. Inc.
as P,inc:ipal, he,einlfter ailed the Princ:ipll, Ind
'the MoUDtBatten Surety eo.pany.Inc.
I c:o'po'ltion duly or,lnized under the laws of the SlIte of Pennsylvania
as Su,ery, hereinlfter ailed the Su,ery, Ite held Ind firmly bound unto
City of Mi_i Beach -- -.. 101' -.. _.. .......... o-.~
that_
....... __It "'" ...... ..... ...'''' ., ....1 "I~ .. c-llln..l
~ ...... ",'1 ..... ... ....,. ., Iq.aj hi" ., s..,...,1
as Obli,ee, hereinlfter ailed the Obli,te, in the sum of
Five percent of aalOUDt bid
Dollat1 1$-5%- ),
for the plyment of whic:h sum well and truly to be made, the s.id PrincipII 1M the s.id Surery, bind
Clurselves, our heit1, e.eculors, Idministrators, suc:cesSOt1 Ind assi,ns, joindy 1M sewral!y, firmly by
these presents.
WHEREAS, the Princ:ipll has submitted a bid for
,..... i..". IvII ...... ....... IN1 ..fI...... 01 ~lecll
13th Street Hunic:ipal ParkiDg Garage Renovat:ions
NOW. THE. E' O. E. il dlt 0lI1i." "'"" _"II 1Iw bid of ... l'rillCipa' and die PriftCip&l INn ",'a, "'~ . Con".c.
WI'~ I~a Obli." in .ceo'd.... ..III die t...... 01 IUch bid. ...d P. IUC~ boftd or botldt .. _ be spacir.... iol ... Iliddin.
0' Con".el Coat",.nu ...... IOod .1Id ...Kocian' ..."'" 101 lhe lail!lfu' parlo......... 01 tudl Cont,a(! and lor die _I
paym.nt 01 I.bo, .nd INt...., "'m,,"ad in .he ,_u,ioft "'--I. 01 in ilia ,...., 01 die failure 01 die ,riftcipa' 10 ...Iar
...elt ConI..CI .nd .i.. such bond Of bondt, ;/ die ,ritlCipal ""'" ...., 10 .he ObIi... die di/f_ _ 10 ....., die _lry
.......1 be.."n tIo. ........nl """ifiad in wid bid and tucIl Ia,... _nl fo, wIlich die ObIi... _ iol ...... Will _IfICl
wi.It _!ha, pa,.., 10 IIttlonft die Wort cooerad by laid bid. ...... IIlit obIi"lioft ahon be ....n _ 'IOicI. .... ~i... 10 _in
ill lull 10'" and a/ftCl.
Si,ned Ind suled this
-=-
28t:h
day of
Ju1y
U 2000
I'~~~
(Wi
Reg.... BDa:lDeerlDa. Inc. .
{ ~~~ tfJ1I/f~/-
- rmy
l$;;ii
!be IIountBaUen Surecy ~any.Inc.
{ ~V-
Bret:t: IlDseDhaua. mila) At:tonleY in fact: ,
norlda Resident: Asellt
a.lil
AlA DOC\I"'''T AJ11 . 110 IONO . A.... .. ,.IIIUA&Y 1ft 10 . THI .......ICAN
IHSTITUn 0' ....Otlncrs, 1m ".Y. AVI.. "'W. WASH'HCTON, D. C. _
1
~
THE MOUNTBAlTEN SURETY COMPANY, INC.
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS: Tha, The Moundlalr<n S....ty Company. Inc.. a co'PO"';on of the Commonwealth ofPmnsylvan;a,
hu mode. _lUred ond _inred, and by thex preICllts cIocs make, _lUre and appo;n'
Qlarles :J. >>t.l....... OIarles D. }lIf'!l~. Warren l\. Alter. Kevin R. lobjtadcz. Ray D. May. Jr., Brett K. 1!aleIiwus
Ilooald A. LaIIIbert. Jr.. Iti.cbael SteVeDS ard/oc lAura D. IbsOOlder all of Fl.odda.
its tnlc and lawful Attorney-in-Fact, to make. execute and deliver on its be~lfinsuranee policies, surety bonds. undertakings and other instrUments ofa similar nature as
follows:
I'/OT TO EXCUD SIX MJLUON DoLI.AJIS
($ 6,000,000.00)
Such insurance policies. surety bonds. undcrukil1p and insQ'\lmcrns for said purposes, when duly executed by the aforesaid Attorney-in-Fact. shall be binding upon
the said C~non as fully and to the same extent as if signed by the duly authorized officC'rs afme COl"!'Or:1tion and scaled with its corpor:ate se:ll; and all the acts of
said Aaomey.in-F",,~ pursuant ro the authority hereby aiven, are hereby ...fied and confirmed.
This appointment is made pursuant to the (oUowin, By-Laws which were duly adopted by the Board of Directo:'3 of the said Corpontion on August 28. 1992 with all
A..merwL:dcnrs thereto and are stin in full force Uld etl'eel:
. Article XII: Policies, Bonds. Recosnitions. Stipulations. Consents of Surety, UndeTwritins Undertakings. and Instruments Relatin, Thereto.
Sectio.tz..t. Insurantc polities. bonds. recognitions. stipulations. c;:onsenlS o(surety and undcnwitin, undertakings oCthe Corporation. and releases, qreements and
other writinp rel.tin, in any way dtcreEO or to any claim or loss thereunder. shall be sisned in the name and on behalfo(lhc CotpOration: .) by the ClWI'n1iU1 of the
Board. 1M President or. Vice President, and by the Secretary or an Assistanc SecreW)'; or b) by an At~mey..in.facc for the COl"pOr2tion appointed and authorized by
the: CbainnIn of the Board, the President, or a Vice President EO make such signature; or c) by such other offic:ers or representatives as the Board may from time: to
time dcIetmine.
The seal of cbc Corporation shoaU if IpproprilCC be affixed chereto by any such officer, Anomey..in.Fact or reprcsentuive. The authority of such Attomey-in.Fact and
AgcotS shall be IS prescribed in the instrUment evidencing their appointment Any sLlch appointtnc:nt and aJl authority gr:uued thereby mily be revoked II any time by
the Board of Di...ro.. or by any penon ~wcred ro make sueb appointmenL'
IN WrrNESS WHEREOF, The MountballCn Surety Company,lnc:. bas C3UUd these presents ro be duly signed and ;ts corporal< sW ro be bmunro allixed and duly
a_red Ibis 24dt day of June. 1998.
Attest ~l W-
7 L. Bra Secrecary
:ommoa oC Pennsylvania
~ounty ofMClIIlCOfIlll'Y
THllL~'-~'~c,
By: P(
K th L. Brier. i t
'" Ibis Z<4dl day of June. 1998. beCoR me penooally lpllCIRd KaaIlClb L. Brier, Presiden' of The Mountballcn Surety Company,lnc:. with whom 1 am _/ly
:quaiDtod, whc.llori:li ~y me duly sworn, said that lie raiclcs in die Commonwealth ofPennsylvaniJ, tha, lie is Presiden' of The MounlbollCn Surety C_y.lne.,
:e ~o., daC'1~ :" JIId which executed the fore.oina insll'UmeRt; that he knows the corporate SQI of the SOlid Corporation; that the seal affixed to said
SD'\Inw:nt is web.:orpor~ s~; that it was so '.d Corporation; and that he signed his name thereto as President o(uid
Orpor3llOll by 1... auGlOril).
:<31)
NacartaI Seal
~T. s.art, Nolary PubIlc:
I.ow.t Mtlnon ,.....
CommItaiori . . 2002
....... /IOlIlIos
tile &mdcrsipaI ~~ of Tho MOUlldlalr<n Surety ~y. iIIe. do """,,y certil)" dIa' ibe 00..... P_ of Aaomey of whicb tile foresoinJ is a liIIl. InIC and
'1TI<l e<ltll'. iI ia All"'",,,,, lIld ./l"cel 011 tile dare oCd\i$ Ccni_1IId I do _ ecnify tbat die Ollieer who uc<ured die said Po_ of AUOnlCy .... _ of the
:1icen p. died by the _ of DiR<tors ro _inlan A"""'"Y-iD Fact.. provided in Section 12-1 of die By-Laws of The Moundlalr<n Surety ~y.lnc:.
,is C_.. _y be.vp<! ond sealed by facsimile under ond by audIority of die fo/lowinl provisiona of die By-Laws oflbe Moun_ S....ty .~y.lnc:.:
:_ 11.2. The _ ofa prinred facsimile of tile _re seal ofdle Corporation and of die silJ1llUre of die Secmary OUll AsaislIn' Secretary on any
"tillcatioa of.. _.0<""* of. e<ltll' oC an izIslnmal eueured by.. autborized penon pumIIIlllO ARic:1e xn. Section 1Z-1 ofdle By-Laws appointiq and
:boriziaa.. ......".,-ia-FOCllO sip in die oame and 011 behalf ofdle Corporation _ bonds, underwritinl undenakinp, 0< odIer inslnunenll desaibed ill said
:tiOllI2-I, _ JiJu: effCClu ifsueb seallIId sueb sipa_ bad _ manually all"1llCd IIId made.'
,-;\...5.2i
. NoW)' Public::
Ni_ W1Ioreof.lbave bereunro set my balld IIId alIIxed die eorporalC sW of the Corporatioo ro these preaelllS
; 28dl dayof Ju1v _ 2000
s ~ol~ iI only valid willi crtI., 5J:.2053159 and die OOliool, red _ affixed herero.
I) /~.l ~JJ/
7 L. B S<<n*r
(Stamp)
~
III
Regosa Engineering
e,l...... "=1'ng, ~un""c r:,~, t.:. ~)e~- ~:... = _-: C~nTr=L~Tcrs
5eptember 29. 2000
Mr. Gu' '-,"pei. CPPO
Procurelrll~llt i.)in:.:tor
Cit) of Miami i.h.~ach.
1 'i00 (\'111\ c;-,ji':"1l Cenl~r Dr.
\1ianll Bea~ll. Florida .13139
Dear. .'..'~ r : \ "l~'~ t:
.\cccording .,\ itt: Section 07180 ""T rallic Coating", Part 2 (product), we would like to infonn you that
Regosa Engineering Inc. studied in its totality the set of plans as well as the technical specifications of the
above referen~ed Project.
We "Could lik~ to note. upon reading the requirements to compose a bid for this project, Regosa
En!:\ine"rir.~ inc. has complied" ith all requirement. Due to that concern of the other contractor, we have
reviewed tile specification once more. To our knowledge the products we plan to use comply and/or are
of equal te thc ;"chnical specifications. If for any reason, the owner or architects are not satisfied with the
product "e are plcning to use. Regosa Engineering, Inc. will change the product to any of the three (3)
companies as 'lOted in Section 7180. ""Traffic Coatings" of the Technical Specifications. Any
determination "ill not affect the lump sum Contract.
Let us r~mind )(,U thai Regosa is an enterprise with a trajectory of approximately thirteen (13) years in
the Construction environment. ten (10) years of which had been of a commercial relation with the City of
Miami Bea~h.
If you have an) additional question please do not hesitate to contact us at your earliest convenience.
Sincere!> .
~R:~~'i_"'IOC
I Corporate Seal!
J~c./ly.
t:'II Ihis Ihl! O~-r.;~,...:: ::i.~i,J hlf/em' 1"'1<:: /lndersigned .\"olDr)" Public oftlw Slated of Florida. persona/lyappeared: JUAN JOSE GOMEROand
1lm:~' ~':'i! 1S,'ll ",_' rnsln:m~':t, :Jnd ht! aclcnow/edge thaI hee:u~d it.
jf.t7.\ E ':." ''7)' II.""."" J .-./fclO' w.'al.
'''''' ~
,'( "RLle", t. >,. 'U'''iL'!
~CllIlI!
r#JrArt. $l'ATi OF FLORIDA
N NO. CC7S1.l51
IONEXP. Y1
46 Northwest 36th Street Miami. Flonda 33127.'3051576-7450. Fax: 576-7096
BID PROPOSAL FOR
13TH STREET PARKING GARAGE RENOVATION
PROPOSAL PAGE I OF S
PROPOSAL OF
tr
Re'l;f1~/9 ...c-P~ -(".tee /C1J7(1
(Na6;e) 1/
~~
P(~./
,
.5'6'
(Address)
H'
1//f9rt1 F/ .?J/27
,
(FOR)
Constructing the improvements designated and described in the attached Notice to Contractors, and
which said Irnprovements are designated as the 13TH STREET PARKING GARAGE
RENOVATION and rnore particularly set forth herein.
SUBMITIED c;e, - oy
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
~
We the undersigned, hereby declare that no person or persons, firm or corporation other than the
undersigned, are interested in this Proposal, as principals, and that this Proposal is made without
collusion with any person, firm or corporation, and we have carefully and to our full satisfaction
examined the attached Notice to Contractors, General Provisions, Specifications for Materials and
Construction Methods, Supplementary Conditions, and fonn of Contract and Bond, together with
the accompanying Plans, and that we have made a full exarnination of the location of the proposed
Work and the sources of supply and materials, and we hereby agree to furnish all implements,
machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary
to the prosecution and completion of the work, fully understanding that the quantities shown in the
Notice to Contractors and Proposal are approximate only, and that we will fully complete all
necessary work in accordance with the Plans and the attached Specifications, and the requirements
under them of the Engineer within the time limit specified in this Proposal for the following unit
prices to-wit:
BID NO: 118-99/00
DATE: 07114100
CtTY OF MIAMt BEACIJ
4
I~. wA~W~~^ ~wA'~^U ~~~~. ~~lWCC
t 1....; UC-1Mb1..1.~'"
O-W'.WW ~~;~,.. ~., ~. ~
AltllC/l",..,ts
BID No. 118.99fOO
BID PROPOSAL FOR
13TH STREET PARKING GARAGE RENOVATION
PROPOSAL PAGE 2 OF 5
This bid shall include COSl$ for furnishing 10 !he City all malerial. equipmenl. and supplies and for all cos!
incurred in compleling!he work, including insIallation of all malerials, equipmen~ and supplies furnished,
complele in place and ready for continued service, including all tie-in work and lesting. all other labor,
permil fees, 1.aXl!S, insurance, miscellaneous costs, overhead and profit
The Contractor shall be Sabstanlla1ly Completed with the Work within ninety (90) aJendar days afler
!he dale when !he Contracl Time commences 10 run as provided in paragraph 2.3 of the General
Conditions, and completed and rady far 6Dal paymeat wiIhIn oae-lIImdred-1eII (110) olMdar days after
!he date when the COIIIraCI Time cnmmPnCes 10 run.
Lump Sum:
s 749J027:00
~eve;v ,/,/t!AlPtI?ez;> ~ A1'~~ rd?t.lC'A-(/t:J M6V}r ~
WrllteJl Apll10nl
J(~PO pe;)~A-e5.
NOTE: THE CONTRACTOR WILL DELIVER THE EMERGENCY GENERATOR
WITHIN SEVENlY (70) CALENDAR DAYS FROM THE ISSUANCE OF
THE NOTICE TO PROCEED.
BID No. 118-99100
BID PROPOSAL FOR
13TH STREET PARKING GARAGE RENOVATION
PROPOSAL PAGE 3 OF 5
ADDENDUM ACKNOWLEDGMENT
ADDENDliM
No. I./t. j
DATED SIGNATU
~jtJ-04~
/
No.
No.
Bidder accepts all of the tenns and conditions of the Bidding Documents, including without
limitation those dealing with the disposition of the Proposal Guaranty.
In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders
and further warrants and represents that:
a.
Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the
Proposal Requirements and Conditions, and the following Addenda (receipt of all which is
hereby acknowledged):
--
b. Bidder has familiarized itselfwith the nature and extent ofthe Contract Documents, Work
Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may
affect cost, progress, perfonnance, or furnishing of the Work.
c. Bidder has studied carefully all reports and drawings ofsubsurfac:e conditions and drawings
of physical conditions which are identified in the Supplementary Conditions as provided in
Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph
SC-4.2 ofthe Supplementary Conditions ofthe extent ofthe technical data contained in such
reports and drawings upon which Bidder is entitled to rely.
d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (b) above) which pertain to the subsurface
or physical conditions at the site or otherwise may affect the cost, progress, performance or
furnishing of the Work at the Contract Price, within the Contnlc:t Time and in ac:conlanc:e
with the other tenns and conditions ofthe Contract Documents,jnc:luding specifically the
provisions of Paragraph 4.2 of the General Conditions; and no additional examinations.
investigations, explorations, tests, reports or similar information or data are or will be
required by Bidder for such purposes.
BID NO: 111-99/00
DATE: 07/1.uoo
CITY OF MIAMI BEACH
6
BID No. 118-99/00
BID PROPOSAL FOR
13TH STREET PARKING GARAGE RENOVATION
PROPOSALPAGE40FS
e. Bidder has reviewed and checked all information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site and
assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations. investigations, explorations, tests, reports or similar infonnation or
data in respect of said Underground Facilities are or will be required by Bidder in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents, including
specifically the provisions of Paragraph 4.3 of the General Conditions.
[ Bidder has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
g. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by City is
acceptable to Bidder.
FIRM'S NAME (Print or Type): Feh7\t9 ~j7?/J.,pP/7J;'...:/ ~c...
SIGNATURE: ~-L;~
~ C/
TITLElPRINTEDNAME: ,Di!/1ovl,(.o ~e/Zo /%~ockn I.
ADDRESS: 1ft lOW]/' P /1'/1r1/ F / "3'? /2.. )..
TELEPHONE NUMBER:3DS5"16 t-lf.t:;OFAX: :?DSE:7t 70 9~
BID NO: 118-99/00
DATE: 07/1-1100
CITY OF MIAMI BEACH
7
PROPOSAL PAGE 5 OF 5
The undersigned further agrees to perform all necessary "Extra Work". as provided for in the
General and Supplementary Provisions and to execute the attached Contract within ten (I 0) calendar
days after the date on which the Notice of Award has been given. The undersigned further agrees
to commence work under this Contract within seven (7) days following the date indicated on the
Notice to Proceed by the City and to Substantially Complete the Work and to fully and Finally
. Complete the Work with the Contract Time period as stipulated in the Agreement. The undersigned
further agrees to pay as liquidated damages for each consecutive calendar day that passes after the
Contract Substantial Completion date that the Work is not substantially completed, and for each
consecutive calendar day that passes after the Contract Final Completion date that the Work is not
completed and ready for final payment, the amounts of liquidated damages being as stipulated in the
Agreement. The undersigned further agrees to furnish sufficient and satisfactory bond in the sum
of not less than (100%) one-hundred percent of the contract price of the work.
The undersigned further agrees to bear full cost of maintaining all work until the final acceptance,
as provided in the General Provisions.
Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the
sum of
~cll~/'I /lUA/DIUP 'FOery NiH~ "'IIO"~IWt> rwt"A/TY ~EtJ€"N ~OO
Dollars $ 74t 01.7.00
Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the
undersigned shall fail to execute the attached Contract under the conditions of this Proposal;
otherwise, said Bid Bond is to be returned to the undersigned upon the delivery of Satisfactory Bond.
Signature & Title ~~/~ //11"'..11 clffl)-
Address ~ 6 /UP .3 h J.T {7/ ~/ ;::/ 3'3/2"}
Telephone Number .305 ~"76 ~ '-I 5D
BID NO: 113-99/00
DATE: 07114100
CITY OF MIAMI BEACH
8
.1:1: .......,.>>. _.t.au ~u c.DglDd
rIQlt,:~t.u.CUlll
0-11.-.... ........._ r." ._.
lID NO: It.._ arY Of MIANIIlIACH
DATE: l1li4Il1O (AlilENDeDI
5
Bid Form
City of Miami Beach -Invitation to Bid No. 118-99/00
13th Street Parking Garage Renovation
Schedule of Values
D1vIsloDNo. DescriptloD UDIt UDIt Price EsteDded PrIce
I Genera1 Conditions lS S s 10.1.'8.00
2 Site Work lS S s "5,06 "SO
3 Concrete lS S S ;,175.00
4 Muanry LS S s 621.00
5 Metals LS S s It 780.()()
6 Wood&: Plastic LS S S .. O,'.Z(
7 Tbem1a1 &. Moisture LS S S 517.50
8 Doon &: Wmdaws LS S $ ".,OJ.If'
9 Finishes LS $ $ ., f, 0 'U.. s5'
10 Sp""'i~h"'s LS S $ J1.,500.00
14 Conveying SySlemi LS S $ "6, 900,OD
15 MechaDical LS S s 17,750.00
15300 Fire Pn1cection LS $ S 6',000.00
15400 Plumbing LS S s 3,622.6'0
ISSOO HVAC LS S s 4,02r.OO
16 Elecur.Aj IS S s '48,'15.26'
11OTAL:
$ '741,027.00
CONTRACTOR'S QUESTIONNAIRE
NOTE:
Information supplied in response to this questionnaire Is subject to verification.
Inaccurate or incomplete answers may be grounds for disqualification from
award ofthis bid.
Submitted to The Mayor and City Comm!ssion Of%ity of Miami Beach. Florida:
By I?-I"'!'ht'J.f/J M7f/nz#r'/U>>J' /
Principal Office . D1!/9bU/U9 ~ r' /l 0
How many years ha~ lour organization been in business as a General Contractor under your present
business name? Ia.. YI'UI1 J .
Does your organization have current occupational licenses entitling it to do the work contemplated
in this Contract? oZ.1 ~.~o.;J-1- ~~.
State of Florida occupational license - state type and number: ..2 ,,-?' '5> J 0.:1 - "7
. Dade County certificate of competency - state type and number: C"':;C 05 r L/ ~ 5
City of Miami Beach occupational license - state type and nurnber. tv -/I
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organization had?
(A) As a General Contractor / ~-
(B) As a Sub-Contractor ,L',
~ What contracts has your organization completed?
~1;f~ ~t~trj;JbJl. .
/trf:if.
HI 1" tlJetu:t, H4fZt i-10.
Contract Amt C ass of Work When Completed Name/Address of Owner
Have you ever had a contract terminated (as prime contractor or sub-<:ontractor, under existing
cornpany name or anotiJl:.r company name) due to failure to comply with contractual
specifications? .t/V -
If so, where and why?
pin.
BID NO: 118-99/00
DATE: 07/14/00
CITV OF MIAMI BEACH
9
Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name? vO
If so, state name of individual, name of owner, and reason thereof
,.; / a.
, {r
In w ~t other.lines of business are you fina cial y interested or engaged?
/"feChodl'l"4P'~~.
Give references as to expe~ce, ability, and finan~ standing
. ~, "1 n//}i't" I'f." Htdho d,.. ,~~
~~C/
What equipment do you own that is available for the proposed work and where located?
~K/_
What Bank or Banks have you arranged to do business with during the course ofthe Contract should
it be awarded to Y?J:
((Vn/".. .{1o.u1/
;;;;r". ~ ~~
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below.
bfVOJL r;;Yl'n~~~5' ~
(SEAL)
(SEAL)
SEAL
ALEJANDROCtlRE
NOTAKYPIJIUC!lt' ATE OF FLORIDA
COMM1S510,", NO. CC7513S1
MY COMMISSION EXP. LY7
BID NO: 118-99/00
DATE: 07/14/00
CITY OF MIAMI BEACH
10
13TH STREET PARKING GARAGE RENOVATION
CUSTOMER REFERENCE LISTING
Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4)
firms or government organizations for which the Contractor is currently furnishing or has furnished,
similar services.
I)
Company Name
Address
Contact Person
Telephone Number
2)
Company Name
Address
Contact Person
Telephone Number
3)
Company Name
Address
Contact Person
Telephone Number
4)
Company Name
. Address
Contact Person
Telephone Number
BID NO: 118-99/00
DA 1"E: 0711-1100
-J2ack ~ ~
1,/07 jJ (L.J Y-.f-I
PbnL/Jt{) ~d.!o
Ja5" 6Y'/ S~ 36
a1 0/ %$Y/' &ac4
/7-CJO CCJnl,uhiJn G/./~ th/Vr,
u.NJ/f-e/l.... mcUc d. .
.7C''S" 6 7' J ~C) d'O
p;~~
./0/ r'3 sJ- n/,9/1( - r /
~ ~)ec//ny""n.
.~" ~ J;I-.5" - :3 '3 00
/;f'~/ '/JH/' ~ Hd/V/7Q.
;jnf? 11- /7ZJn Ma c/
~t?/5 C#/a~ h
3iJ<) d j1~ S-S J>o
CITY OF MIAMI BEACH
II
LIST OF CARS -&- EOUlPMENT OWN BY REGOSA
ENGINEERING INC.
WAUHOUSE
20,000 Sq..-e Feet
~
I. Va. MAKE 19
1. Va. MAKE "1
J. Va. MAKE 18
4. . Va. MAKE 92
5. Va. MAKE IJ7
6. Va. MAKE 99
HRAVY EOIJIPMRNT ,
I. Va. MAKE 91
1. va. MAKE 91
3. YR, MAKE 86
HAND EOlJIPMRNT
6 'HAND DRJLLS
2 TABLE SAW
3 SAW SAW
I METAL BENDING
MAKE CHEVY
. MAKE CHEVY
MAKE FORD
MAKE CHEVY
MAKE JEEP
MAXI: fORD
TYPt P1CK.uP TRUCK VAN
TYPE PlCK.uP TRUCK. OAlBAOE
TYPE VAN
TYPE PICK.uP TRUCK
TYPE CHDOf(SE
TYPE PICK-UP TRUCK
MAKE JH(I\/ DEERE
MAKE JHON DE~
MAKE FORD
TYPE BACJafOE .
TYPE SKID S'mEll
19000 -
JlIOD&L 310E
IIODIL IDS
3 CHIP AND.HAMMEIl
3 HAND SAWS
2 WEl,DINO EQUIPMENT
... CIllCULU. SAW
I CEMENT c:urrn
I CEMENT DRILL
I METAL cunEIJ.
2 CONCRET GUN
~REGOSA ENGINEERING INC. - BOARD OF DIRECTORS
NAMES
DnpIa 0..0
J_-'-" 11'"11'>
Alex Cun
. 1'VillI.oN
Pl U II'
VD.~ ..
. _h..1'
A,DP-
46 NW W SInct
46 NW W SInII
46 NW 366 SInII
PIIOI'tI
3OS-S1li-74$O
~
3OS-S76-74S0
CONTACT
TIId
0., ".
JIIWII.....
0., .....
~ .. I ~ I -
.... !
! ; ..
, :g
~ ,
~ .. Ii;
...
~ .... , '" !
.. co ~ ~ ~ .
! o ... ~
... ... ... ...
~
.s == .!! .. .. e
~ ~ ~ u
'i. ::lI ~ :i
Q.) CII I
~ 'C
o- J 'C J
(:l.. ~i ~ u 1 1 I
e (.) I !
j
0 ~ ..
0 .., lol
U iii:
~ J e-
= Po
-<
c:: I ... .r ~
C"/) 'a .S 1
0 '-c ::lI j j
.- ~ % "I
~ Q.) ~ :i i
> f u 8
N ::lI ~ ~
0 :::E
.- 5 (.) .c l!
~ ~ ~8 ... u
. 0 i U) u
!~ 11 ~ b ~
01) .- ~ U :::E :::E l&l
'-c~
0 ... it I
rn I .... ~ r- OD
'-c ~ .. 8t cz:: ~ -
;::s ~ 8t ... -
.... -
0 .... 0
rn ~ I ~ ~ ~ ~ I
... )1
CJ 0 ~ g Q g ~
Q.) '" N '"
~ . .... . ... rt
.~ ....
... - - ...
e ... ... ... ... ...
...
~ "r~ }~ )~ )f :I" I
'-c ~il :! 15. S if ::::1- If ~t if
1 a ~ c l~
0 ... _.2
.~ ~~ Ii ! [g I
~
~ (.) ..
c:
<+--- I ~ ~ J
0 J
... ~ I I
rn i .:5ii! ,g
.- j '1 I 11
~ 'i ~ HI
0 ~ l&l
u iii: D;.
.
STATE OF FLORID. _
DEPART~ OF BUSINESS AND PROFESSIONAL REQULATION
CONST INDUSTRY LICENSING BOARD (904) 727-6530
7960 ARLINGTON EXPRESSWAY
STE 300
~ACKSONVILLE FL 322tt-7467
QOMERO. DRAQUISA MARIA
REGOSA ENGINEERING INe
46 NW 36TH STREET
MIAMI FL 33127
....,
'-.
: _~~~Y-;:i~-o.. . ~~;.; ~:~~< ~4:'
'F;. ~_,. ~~~I;[
~.... .""-'" .~',:~~ '.
~~.I "'1:
:~', i -~ - _.~>f
",. "W
,:~~
~:"- ':--~~~-;?"--~
~"': ~~ .
:.il.-....
" ~~
, -
J'.
~ .'.
-:_~~-
~I!_!!~~
CYNTHIA A. HENDERSON
....-,..--....-"
--
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRV LICENSING BOARD (904) 727-6'30
7960 ARLINGTON EXPRESSWAY
STE 300
~ACKSONVILLE FL 32211-7467
OOMERO. ~UAN ~OSE
REOOSA ENGINEERING
46 NW 36 ST
MIAMI
INC
FL 33127
,." ~ STATE OF fLORIOl . AC#
~DEPARTMENT~OF~.US1NESSD~D
'. . PROFCSSIONAL<AEQULATION
- ".,.~-.".. ,4'1'.,.
CF -~9441~ ~~~.99023b63
CERTIFIED -PLOJ.mINQ flJNTRACTOR
GOMERO. .JUAN '.JOSE.~~. z . .
REGOSA ENOINEER1NOIN~
i
i
I
I IS CERTIFIED underilel"O'lSK>"SoICh. 489
I E.<plra_ 08\6, AVO 31. 2000
l
,. 01:, :,~'
...',-.'
F3
,..#> ",-" :.:: .~_ "". _"'~~~2-,",-.>- -'
.\ ~--';;~i:-:~~~~-:-~~~~ ~ $...~:~~i\?~~~:$,a:,;- ~..
j.~.-. 11\
0'-"
,.. . < 4T.it;'-.-..:_..,'t..,r~<~ ' .....:.-.. -::;'.-~"'."":.:.-''*.: - .~<G.~...~ - "". 1'~~#::4-'!"~---~'
.~..... -. - .........,:m""( . ~. .-. . -- ~",;;."'.,."- <'~'" '*"iiJ1t,;s."~~ -
~.-.. ..'M1Q' . ,;:.~if!"'~q,.",,~ '"' "~':"",j ..:. ~#,,... -:.y'." . -._,"_ " .'-'-<: -~.,..":;_ .~'.
~ ~~""':"<-_~1-". ~.!;lt.r:~"",~~...,-~~>t' .~. '.i'.~' 'l.L~"'\ .....~ _L~ ~ ,. -~~ ......."". ~.' ~-
" ;,^~:"."''':;-'i.'::'~.'';1ii.oiI.' .. . .,:...:.:1\i:~~ '-. - :::: ..~~ ,..:..... ,':- ?:iii<i,:. ~~.:~.- >
. .~ ....>~. ,,-" ," .Ol;< ~,.; ,,'- . . - D......, 7'..1-.... fi. '. .~'o<"'" -.
',.: .~,~~;,~t~~. ~ . ';; ~~C' '" . ::;~.".i"~. *" ir,.~' ~~.-a'~. $.-\. :c.',
^~..'ft:,,"amr'a' ;~~~~>~ ..~.--:; . ~-,;' -~~+-: iit-.. .....~_....,..~,..~; .~
~~. _.~,'-+~ ~.~_ .::.., .....;:, +..' ,-*' '\0...::.:..... ,'.>4 '-.C.""
REQOSA 'EJlIQ NEER . INC,.. .. '~~'. '<', . --4.: .' .
46 NW 36 8T 0".. '....'.. (.F . '.'
....tN1I~ ~,~~"> .?,,, >~ ~3~,ff:$" .lJ:\,:~". ~ >i:;:-
"'. "~~ Frl~o ~~ ~:" ~. ~~~ ~ll ~ i~::'j .~. . - .~.-
{;?~ ~l ~tg:,
- - . -
"':"~~
~EB BUSH
~nV~QNnR
CYNTHI~_~~~~~~DERSON
--
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONST INDUSTRY LICENSING BOARD (~04) 727-6~30
7~60 ARLINGTON EXPRESSWAY
STE 300
JACKSONVILLE FL 32211-7467
GOMERO. JUAN JOSE
REGOSA ENGINEERING
46 NW 36TH ST
MIAMI
INC
FL 33127
J
~.""':"" STATE OF FLORIDA . ACI
, . EPARTI1ENT' OF'<BUSi"NEiAORriJ6
. ."'." QPROFESS~ONA.L,.JtEQUl..ATI0N
'r ," "~- "".',
'CM -C042:i<i!~'<:l~~~ '902366~
CERT I F I ED,HEeHJICAL.~NTRACTOR
I GOMERO. .JUAN "~E~'- .;;
I REGOSA ENGlNEEffl~~i'IN(:o
.... . ....
", ,- r...!;l!\t~..,...
IS CERTIFIED
under 1I1e pr_ 01 CIL 48~
.- Expira""" Oat.; AUG 31. 2000
'--
'.
-1-..> .....:.-...--:' I~.;..:" '. .."'-.~__-. ._'. __'
. ~ . . ~
...... j>-~ --"-..~~_ ~;~ ~. ~~' ,F,p: O~- _
. " . s-..-- _ "- ". m-<',_ -,,~-.~- - -, .
=--, , _,_,,e". ~ ~~~;'-'c1i:t:~..~~-
C;C,:;."""<....~ .tt~~W
. :..>~-:,4f;~~ c_~~."~".":';~~~~i;~~~'~'~~'~:~:
-;..... - ~ ...
-- - ..~..._ . ..' - ..._~-. :Jj:'-~~;~t>;,,~";;;;,;~-;~"':-.~'
.:: !.~~.. ~, j,..,.~...~.:!!:*'
~..'. .... ~..v......:.>..:...~...->:l..
_ c. ~. ..., _"~ *. .--!It'''. 4fo
~ ';:ii-"~ '~-iii.'".."<,~""..~~.
~....." ...-. . "~"- ...... -,-~
'-C-.".
..,
..~3~~~~-~~-~~~-= ~tj ~",":, _ ~~-
:~~. .;",- .. ->~
,
:';':;""-
. " ."
'; ..;;~~ ~ ?t:-~'
-. ,-,:~_. ,.=c-- -
CYNTHIA A.' HENDERSON
""""J'l.n,...~"I""I"
.;:~-"....
'"';):
J~B_!IU!:?t1
;:i!#()~ cia: tL.
C/~l'~ ~'~v6/t.
,
~
.-----..--- -.-.."
r
1>
G):!:
0-1
<CO
t:1Z
7.l
Z""
QI
.....0.-
c
iii
"
~
<
.
(I)
1lI
~
c
:ii
1ft
C
III
<
~
:IE
:c
....
r:
:t
(~:I>
m:t!
no
:c
,..,-1
-I'
:I>
:l:l"Tl
<:I>
:c
:t!
1'1
.....
r
".,
::1
:3:~:::!lV
-C'.rt10
l> G):i
:rzom
-I:(f.l:x'l
:1>0
!""l ..
O"-IT!
-IZtl
J: ~i);.o
....:r-
~""Zr;)
-if"''!".:::
..;~:..!-
I"'1::t!u:
:'7'!l-IJ>
-\Z
G)3
J>
"-O:::::i
2:......;
-J.
L;
,').1
'.,!
;1
IJI;
'Jig
....:1>
1> mr
~
~f!l.P8
S ~~
- '-'Al
"'1:1>
l\J~-(,")
,:imm....;
.-.,IJr-lQ
::: -x
""
~
.~
~ "':
:~
'. ...-
~,
~r
-J,
co,
to,
-J,
~,
tl I
1>1 ,
~ I
~ ,
-I I
::t ,
.m,
Z I
, ,
t....J I
Z"'l I
t~ ~
-I",. I
C I
....1.Il I
Z....
OZ (/) I
cm~ I
Ul~I\)! I
;l Ul lit I
<~o I
ro"fll '.
;:;"1I;D :
.fII:tlo
ZO:Zr I
W"Tl_ I
~f:,i I
f)tll.___ I
--~- --'~ I
pQ-,
. I
A. I
C
:tl:.' ,
m I
.f) I
_ ",F-' '"
i;';~;~_1
. "".'
.~Cl-_ t
~ ~--Z~""- I
?~i;~~ :
-~;~r:;;~! :
c :.'.!&:~~
~ -f~'1!~ -; I
- ~-~- I
,
_ :'.; :
~:;;~!l~ :
'I' '1Iiill;iIIISi IN "," N liiSI
III g~o 'I !I;il; !i!;:' ~i w meN
..... enllN
~ 000) S rftlllisll i o!ll N-"Oi!-.I i~
i! 00...... . '"'I. en -.lO>VI 0)
!ll f~~ d=ltiliaftf ~f : ,. 0
:u:;;J I
...~ Q)
~ ON.... "'f~ ,. z" l!I "'
.. O-Q-Q > '"' ~~Wl- ~
-Q ,.. ... ~Q\~
-Q Z
co m ~~
:c-"'" c m
....."'111 ... '" i! i
> '" ,.. ... ...
- ~ZO C Z z ~! I
....z:;V> ... lil en
- ~ z h
- ",w '"' ... ...
,..a-m z z all d
z .... ....
- INVI'"
- t.J......M ;U~I
... z
=- N ".18
- -.4 .01
~U;
- bi=~
=- z"
1.1' cs ..
- ~! 5gJ!1
- ..
-
.. l;
n"' .. ",~I~""
- " ..
-
:I: z ~~ jilt
=- 0 I ).1 .
'" ~;::
- ,0:
- ~i .
- m v>. :z
....'" ..... rn ;.
- '" ,. :I:
- -l > 0
- ,TIN'"
IN
#\.11
n....
eno ~Iii
t"lN
01
'Jl-.I..
-D
-"
-Q . ill )il
~ a lil
-
AMENDMENT#I-AGREEMENT
3.3 Savings - The City of Miami Beach and Contractor recognize that both parties will benefit
fmancially should the Project be completed prior to the contract time specified in Paragraph
3.1 of the Contract (Agreement). Accordingly, for eachcalendar day that the contract work
is accepted by the City prior to the contract time specified for Substantial Completion in
Paragraph 3.1 of the Contract (90 calendar days) the Contractor shall receive as liquidated
savings for early completion, the amount of Five-Hundred Dollars ($500) per day. The total
liquidated savings payment shall not exceed $15,000. Such payment will be made after fmal
acceptance in accordance with Section 9.7 of the General Conditions, entitled Acceptance
and Final Payment. The liquidated savings payment amount represents a reasonable estimate
of the City's savings for inspection, engineering services and administrative costs realized
from early completion.
BID NO: 118-99/00
DATE: 1112/00
CITY OF MIAMI BEACH
13
AGREEMENT
THIS AGREEMENT made this /J:J day of t:J~ 6-0, A.D. between the
CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which
term shall include its ~uccessors and assigns, party of the one part, and
/Z~<" Pn/I2f'-"""'1/ d" ~
V C /1/1./.1 :J b Y ~
/1/,9-rf/ FI 3..1')2)
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of
. the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvernents to be done by said
Contractor and designated" 13TH STREET PARKING GARAGE RENOVATION" by said City,
do hereby mutually agree as follows:
I. This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor
any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet,
nor shall any sums of money provided to be paid to said Contractor be assigned by said
Contractor to anyone without the consent of the City Commission of said City evidenced by
its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and
the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein pro~ ided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict with
this written Contract, are as rnuch a part hereof as if copied herein. If conflicts exist between
them and this written instrument, only that part of the matter in direct conflict herewith shall
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein referred
to, strictly in accord herewith the following:
3.1 The Contractor shall be Substantially Completed with the Work within ninety
(90) calendar days after the date when the Contract Time commences to run as
provided in paragraph 2.3 of the General Conditions, and completed and ready for
final payment within one-hundred-ten (110) calendar days after the date when
the Contract Time commences to run.
BID NO: tl8-991OO
DATE: 07/14100
CITY OF MtAMI BEACH
12
3.2 Damages - City and ConlJactor recognize that the City will sutrerdirect financial loss
if Work is not completed within the Contract times specified in paI1Igraph 3.1 above
(or alternate bid item No. I, if awarded by City) plus any extensions thereof allowed
in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss sutTered by Owner if the Wort is not completed on time,
and therefore time is of the essence. Accordingly, instead of requiring any such proof
Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not
as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day
that expires after the Contract Time specified in paragraph 3.1 for Substantial
Completion until the Wort is substantially complete. After Substantial Completion
if Contractor shall neglect, refuse, or fail to complete the remaining Wort within the
Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for
each calendar day that expires after the time specified in Paragraph 3.1 for
completion and readiness for final payment. These amounts represent a
reasonable estimate of Owner's expenses for extended delays and for inspection,
engineering services and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all reasonable
times.
5. If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the rnore stringent
requirements shall govern as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City, by allowing Contractor to continue with said construction after the time
for its completion hereinbefore stated shall not deprive City of the right to exercise any
option in this Agreernent contained nor shall it operate to alter any other term of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as othelWise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
8. The Con:ractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
BID NO: 118-99/00
DATE: 07/14100
CITV OF MIAMI BEACH
13
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certi ficates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal.,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in tho: Bid which are subject to unit prices.
Contract Price:
$ :flfer,. 1Jtl-1. 00
II. The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of
the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its narne.
~
(SEAL)
CITY OF MIAMI BEACH
By J),eP6v/f.d COF1c:.40
(Authorized Corporate Officer)
By dJ!
Mayor
d//!.PockNF
I' Title
A TrEST:
_(/Im~f~
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
L11~~ ~
BID NO: 118-99/00
DATE: 07/14100
CITV OF MIAMI BEACH
14
Bond No. SEIFSU0260844
l'EIU'OltMANCE BONI)
(This bUild IlIeel, ami e~.~eed~ the requirements of Florida Statutes Section 255.(5)
STATF. OF Fl.ORIDA )
ss
COUNTY O~' )
KNOW ALL MEN BY THF.Sr. PRF.SF.NTS thnl we, Regosa Engi~eering. 1nc,.__
.. ........ us Prineipal, hert:inullt:r cullt:d Cuntractur, and
1nte~tional FidelHy Insurance Comp!\R-~urety, art: tim,ly hound unto the ('Wu of M iam;
Ilt:ach, Floriu:I, as Ohli;gee, hereinalkr ealled Ihc Cily. in Ihe Penal slim u~~i.e,.~nlre~~~~~nND~fElrs
Oollars ($ 7!>.?.,.9.E .00 ). Il,r the puymenl of which sum well and Indy III he made, we bind
our-sclves, our heirs. executors. administrators, sucCt:ssors und 3.ssigns.joinlly and severally. til"lnly
by thest: presenls.
WIIF.RF.AS, Contractor, on the 2nd dayof October _ .,JClQ 200~ntercd into ,\ cenain
contracl wilh Iht: City. ht:rt:lo ulluchcd. fur RIll NO. 118-99/00. J::nlilled. "13TH STREET
PARKING Gi\RAGF. RF.NOV ATION" which Contract is Illadea P:111herel1fhyrcti:rence thereto.
NOW. TIJI>;R~;"'()R~;. Till: CONUlTION O~' THIS 08LI(;ATION IS SUCH, Ihul. if
Ihe COnlJ'aeh,r shall well and truly p.:rtorlll and fultill all the undertaking~, covenant~. Terms.
condilinrl~ nnd agreements of~aid Contract, and all duly authorized moditications of said Contract
Ih.lllrmy herealier be made. notiee nfwhich Illnditicatinn~ to the Surety hcing herehy waived, then
this ubligu!ion ~hull bl,: void; ulh<.:rwi~e 10 rcrnairl in full t"ree and effcet.
WHENEVER the Principnl ~hall be and is declared hy the City to he in dell1ull under the
("on tract. or wh,mevt:r Ihe ("onlnlcl hus been terminuled by default onltc ('onlmcl(.r, the City havin!;
red,wlled The City's ohligations lhertlundt:r, the Surcly shull:
1. Cornplelc the Contract ill accordanCe with ils tenn~ and conditions. or al [he City'~
sole option.
2. Obluin u !:lid or ("lids Ii..r $uhrni~~iol' In fhe City for eomr!elinl\ the Cnntmet in
accordance with iL~ It:rms und cundilions. und lIpun uclerminution by Ihe City und the
Surety ofthe lowest responsiblt: Bidder, ammgt: fur a (:onlmel bclwccn such Biddt:r
und thc Cily, un.llllukc nvnilablc n~ Work pmgrc~se~ (cven though there should be
II dt:fuult or" slIcccssion 01" defuullS ullder Ihe ('ol1tmet or Cnnlrne[S of comr1e1inrl
arranged umlt:rlhis pamb'f"dph) sunicicnl funds 10 PllY the cusl ofcurnplelionless the
balnnee ofthe Contract price; hut m)1 exee~'t!ing, including olht:r cosls und dllll1agcs
for which Ihe Surcly rnay b<.: liublc hereunder. lhe U1nuulI1 set 1,)l1h in Ihe /i~l
pnragraph ht:reoC Tht: lerm "lmluncc "flhc Conlmcl pri\,,,," liS used in this p.lT'lgrul'h,
shall mean the Total nrntllmt payable by lhe eily 10 lhe Conlmclor under the ('onlract
and uny umcndmcnls Ihereto. less the 1I1ll0ullt pn.pcrly pnit! by Ihe ("i1y 1<) the
( 'ontrllctor.
Rill NO; 1111-')')100
IMTF.: 07/14/00
(:1....... tw MI^MIIU:M:II
15
.
No righl oruelion ~hall aeeru~ lllllhi~ Bond to or I...r th~ u~~ UrAnY pCl"!lnn or cn'llllrnlioll nth~r tllnll
the City nam~ h~rdn or the suceess~)rs ,)r nssi!lnc~~ thereof.
The Suruly shnll and d~)c:; hcn:hy 1Illn:e to indemnity the Cily and hold illmnnless or. from
and lIgainst nny nnd:\11 ~iahilily.I()~s. cost, danmgc orexpensc, including n:nsonnhlc nltorneys t~es,
engineering and archileetuI"JIICes or ~'th~r profe~sional serviee~ whieh lhe Cily mllY ineur or which
may aeenle or be illlpo:i>:d upon it by rea~on of any m:gligenee. delilult. lIel alldior omission on th~
pnrt l,rthe ("unlmetor. lIlIy Suhcnntmetor and (~onlrlletor's or Subcontrm:lorllllgents. servllnls nnd/or
employees. in.lIbout or",,, nccnulll nfth~Cnn~truetion oflhe work .md perlimmmee ofslIid ("nntraet
by lhe ('o!llmelo!'.
ThLs !lnnd shnll remain in full tbree nnd el1i::et Ii.'r sueh period or pcriods or lime nner Ibe
date of lIceeplllnce vflhe proj~ct hy lh~ ("ity ns nre provided ti,r in the Cnntmct Ducum~llts, nnti the
ConlrUl:tnr hereby gunl'nnlees Iv rcpnir or l"Cpln~~e filr lhe snid p~riods nil wnrk perfiwmed nnd
materinls unci equipment furni~hed. which w~re nol performed or furnished ac~'ording lolhe lenns
of the ('unlmel [)oeull1onls. If nn specitic periods of warranty are :.1ated in the Contract Documents
for any PlIrticulur ilell1 01" work, rnal~rial or equipm~111. the (~ontractur herehy guarante~s thc sam~
thr a minimum period or one (I) year from th~ dntc of Iillal acceptance by the City of Ihe entire
I'mi~ct.
Any suit on this hond must he instituted within such period or periuds as may be provided
by law.
_.
1111) 1'\0: 118-99/00
IlATE: 07/14/1111
(7ITY 01" MIAMII'.:ACII
16
-
TN WITNI':SS WIIER..;O.... the "buye bnul1ded (\llrtie~ have cllu.~cd t11i~ BUild 10 hoo cXt.'Culcd hy Iheir
lIppruprialc vlliei1l1s orlhe 30th dllyof October . .._' ~ 2000 .
WITNt:SS:
I'RINCU'AI.:
(If snl~ ('roprielor nr partnllrnhip)
"'~N_)~
'-.
BY
Tille: (Sole Proprietor or Partner)
l'RINClI'AL (If Corporation)
Regosa Engineering,Inc.
.~
(Corporate N~lme)
Il~~_ J)z~tJfI1 6oHc/2u
A~ik rY~
crctary
(CORPOR^n~ S~:AI.,)
COUNTI!:RSIGNI!:D BY
RF.S1Dl':NT FI.ORII>A
:NT;:7
SUIU:TY:
International Fidelity Insurance Company
~~..._....
(Copy of Altent's current
License liS issued by St:lte
of 1'10rlda Insurance
Commissioner
Brett Rosenhaus
By:
Attorney-In-fact
Brett Rosenhaus
("ower of Attorney mllst be athll:hed)
BIO NO: 118-'I'l/1Hl
IMn:, 07/14/011
CITY Ut. MI..UlI Kt:ACtl
17
<:Jo:IHIFICATI':S AS TO (;OKI'()I{ATI!: PIUN(;II'AL
I. IV!;f.J ~ 6ortt;lu. eertil~ lhull mn Ih..: S":l:n:lury oflhc Corpumlilln named as "rineipal
in lhe I'orcgoing b ,d: Ihut J i!fi/IPl fS:JIt'tYt 6 who 5igned the :;aid hnnd nn hehall'nJ"thc r'rincipal,
r.
was then / '" - 0 .ui<.J Curpomliun: Ihut I knuw his signalure. 11n<.J his signaturc
hel'cl1 ~ genuine: and That 5aid hond was duly 5igncd. 5ealcd. and attested lilr and in behall' or sai<.J
ll11orUlioll hy aUlhurity ul' ils g'lVeming bo<.Jy.
C'orpnrnh:
~~
STAn: (W .....OIUI)A )
5S
COUNTY 01"
) Seminole
.....
Hell'f<: me. a Nol<lry Public. <.July commissione<.J. qualilied ulld lleling. per50nally appeared
Brett Rosenhaus
..._.._. ,..________'.... . tn me well knnwn. whn heing by me tir.;t dl1ly~wnl.n lIpollllalh. says lhal
he is the Attnrney-in-Fact. lor the International Fidelity and ThaI he Ims becn uUlhllri:tcd by
Insurance Company
Personally Knovn _ tll e"eeule the Ibregoing b(llld on behulrlll'lhe ('unlmetor named
lherein in I\lVor Ill' the Cily (II' Miami Beuch. Florida,
Subscribed 1ll1d Nwom bell)re mollhis 30th day Ill' Octo!!.e.~___.
.,~
" I \
I
."1'-) 2000A.D.
(Allach ['(.wcr or All(>nlCY)
..(&1~
otary Public
Stale ofFlorida-at-I.'1rge
My ('vrtllnissiOI1 Expires:
"'CkE WADf
~,......0I Florida
""~.IIp..NlY 13, 2003
"""on. 1-10. CC8558~3
1111) NO: IIM-'1I/IOO
I)A'U:, 07/14/11U
CITY 01' MIAMlln:ACII
1M
"'-
LA801( AND MATF.RIAI. rAYM~:N'" BONI)
(Sn.'TION 255.05, FLORIOA STATllTI,:S) Bond No. SElFSU0260844
'- I:lY TI\IS I\ONI). W~, Regos~. ~ng~neering, Inc. .IS I'rincip:ll, and
International Fidelity ., ,. .. .
Insurance Company us ellrponllRln. as SIJ!'Cty, arc hound h) Ihc ( Ity ot Miami Ilcach,
. . ," . Seven Hundred FQrty N~e Thousand
Flnrida. as ()hhge~. herem callcd City, III the sum nf $ Twenty Seven. 3Jld OO/lUlI--Ior thc paymcnt
. ( $ 749,027.00 ) Do~lars. .
or which we hind oursdvcs. our hem;. personul n:pn.:senlal'vcs. successors llnd aSSIgns, .IOlnl1y amJ
sevemlly.
THF. CONDITION OF TIllS BOND is lhut if l'rincip.ll:
Promptly m:lkes paym~nls 10 :"1 c111ilTlunls, us de lined in Seeli~," 255.05 ( I). F. S.. supplying
Princip.ll with lubor, muleri."s. ~Jr supplies. usell din.:Clly llr indireclly by !'rim,ipal in tl1c
pl'Osecution oftbe wmk provided I()r in the cllnlmcl; and
f'llYS Cily alllllsses. damages, expeMes, costs, and attnrney's tees, including appellnte proceedings,
thllllhe ('ily suslnins in enfn!'CelllcllI nfthis Ilnnd.
l'erlomlS Ihe gU3mnlee Oflllllllbllrand mlllcrillls litmished lInderth~ cOnlr:lcl/(lr Ihe time specified
in the clmlmct. Ihen this bond is void. othel"\vis~ il remains in lull !()rce.
-
Any changes in or under the contract dllCUl11ent~ and compliance or nnncmnpli:lflcc wilh :my
ti>rtllnlil ics c'~nnccred with rhe contract or the changes docs not allect Surely's ohl ignl illn unuer thi~
bond.
Thl.: rrovisilln~ Ill' Secfion 255.05, F. S.. arc SI"lCcilically adopted hy retcrenee and m,tuc a pari
hcrwf I\,r lhe purpll~eS "pecilicd Iherein.
The contmcl dal\.'<.I October 2,2000 between Ihe City :md I'rincip:11 is made a part ofthis Bnncl
by n;fcrence.
('Injl11anl~ are advised thaI Section 255.05, F. S.. contains Ol,liee ,lIld ljm~ limilalion provisions
whi\:h lIlusl he striclly clll11plied with.
8m NO: IIM-'I'I/1I11
IJATF.: 117/t4/11O
CITY I"JI' MtAMI Ht:AC:1I
19
'-
IN WI'J"N~:SS WII~:RF.(W. the ahovc h.)unrllld panics have caused lhis Bund to hll IlXccuteu by lheir
aflfll'l1flriatc I1flicialfi I1fthll 30th day llr_~'?tober _, l<ltX_~OOQ
WITNI';SS:
PRINCIPAL:
(If sllle I'mprilltor or nnrtm::l'$hip)
n
IJY
Tille: (Sule Pruprietor or Partner)
PIUNCII'AI. (It"Corporatloll)
Regosa Engineering, Inc,
(Cllrporalll Name)
BY~.~'
(Prll ClIt) U
/
^"e~I:. l-
(S
(CORPORAT!:; SML)
COUNTI<:RSI(;NI<:D IlY
RI<:SlIn:NT FI.ORIDA
::~
(COllY of Agelll's current
I ,ic~'nse as issued by Slate
of Florida In~urancc
Commb~illRer
Brett Rosenhaus
SURI!:TY:
International Fidelity Insurance Company
I\Y:...~~
AClurney-in-fact
Brett Rosenhaus
(I'ower of AHorney must be attached)
III n so: 1111-')9100
O;\n:: 07/14/00
CITY 0... MI^l\It Kt:^CIl
20
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, ~4''(/ r:;O.i' b&!;'tertify that I am the Secretary of the Corporation named as Principal
in the foregoing bond; tha~f/J ~ho signed the said bond on behalf of the Principal, was
then ,~~~~fsaid Corporation; that I know his signature, and his signature hereto is
re; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by
. authority of its governing body.
ST ATE OF FLORIDA)
ItK~
creta
Corporate
Seal
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
J< LV If l J lC-Nbjt.u to me well known, who being by me first duly sworn upon oath, says that
... 1 I
he is the Attorney in Fact, for the~.?A/ft7 luij and that he has been authorized by
1tft~ff I{;uy, i'l~()1Lj
to execute the foregoing bond on behalf of the Contractor named
. therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn befo
aYO~K ,~A.D.
(Attach Power of Attorney)
OFFICIAL NOTAR
ALEjA.'1DRO CURE
NOTARY PUBLIC S1"ATE OF FLORIDA
COMMISSION NO. CC757351
MY COMMISSION EXP. LY7.2002
otary Public
State of Florida-at-Large
My commission Expires: n:+ 0)- LCc,<-
BID NO: 118-99/00
DATE: 071WOO
CITY OF MIAMI BEACH
21
~ " ",~ "~,'\ ';" ,'- "'" :~,,':.. "',;c~ ',<;,( / -, :_.;._ i ~, /
'rei (""3)6H 7200" " ", "" \,' "" ....O"tJ:1ET),@.... :i"""Tn"'o,nXT1:;"t'~01<"~'"''''c,''' ,-, ,', -/ /)>.0014<5'.;, ,/,~. .
,?l~;: 417-. ~ >'-~' -~... ,'~~ ,':;'"~<.,,~'f)~ .,;'IS': ~ ~ .I1~~-L11:: _ ~",.CI 1/~@P::/~~lllJi.b\rl-o-~!'J)..;;,,;':.:.. :;;;";;:..i,_'>.......'~ _"'"',J~'~.!;;~,/
/..- /~ "", _ _~. e, <;- ~ ,,::;' ;J~s'r"f' :ll-t.)",~, .<:. _"... '" -' l~e _." '.~~!,_ ~,!J;<..,!'~ ~,,~~J{'I;:.,wl ~\~,re1111'~'i~(~Lil~!J~(r~*> ~~~:;;"f;:"Jl :':-J,.'.€' r,.:t"l-~,,'2-"";~:G'1
, ' ,INTERNATloNAL~Fti)'EtlrMm~uRi\~pOMPANf"~~)~}J;;:;
,.... .:;',;, ~.~..;t~r~::~ft~~?~~f~~\t~
KNOW ALL MEN BY;THFsE PREsENtsi";;.! ~ATtONAt'F1DEtfrYiNs6iL\NCi'CciMPANV; i'OOrp.,~;,a ';"g.';i...d",", existing :-.,
t.Ws 0( th~,State,cif New lerscy.;,and:ha'Vi~ its,pritl~aJ::of~~ i1:E:,the';City,'~f ~~W&rI~\:::Ne,~'Jer.er. if~:rre~~y'~~e ~l1d appoillt ,'. . ,... ..~;:;
BRETT ROSENHAUS
FL.
~~~';"' writi~~w~i::~:;er;'J;~n~~~I~o~::~I~~1.i~h a~~~~Il~~ 1~:1l~~.:i:';~~~~IU;~1~1.~...~.~. ':.:;l~~d.:~,::~', :~~':.<;. ::==
the execution of such in.strument(3) in . pursuance of ..thesepresents, ,.shall be':as,-bindinguponthe<said..IN1'l<I(l"IIA TI()N~ FIDELITY. INSURANCE
~~~~~c ful1v ..ltti. .mr~Y. to all intents and purposes;_:as if~e,':s.ame.h~~:been~~~0"e~~lt,d a~~ afknowl~d~ed br:its regularly elected officers at its
Di~O;,o~n~~~~1~IgNXt;;~ELtNr~JRA~e~ec3~~rn~;Y;:e~~~'r.ijlh~d~~~~o~~eJl'~'::~~.m:,bY. ilie.&Ja,d 01
The ~sident or any Vice President, Executive Vice President. Secretary or ~i5ta~t~etaty._5h~1 have power and authority
(1) To ~int Anorneys-in-fact. and to authorize them to execute on behalf of the Company. alid attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and ollter writings obligatotyitl the nature thereof and.
--
(2) To remove, at any time. any such anomey-in.faCland revoke th~authO?ty given.',_. ..:..:.'.:, ,
Further. this Power of Attomey is signed and 5ealed by facsinule pursuant to resolution. of the Board of. Directors'of said. Company adopted at a meeting
duly called and held on the 29th day of April. 1982 of wl1ich the following is a true excerpt: .
Now ~erefore the signabJres of such officers and the :seal of the Company may be aff"tIled to any such power of attorney or anr certificate relating theretC) by
facsinule. and any such power of anorney or certificate bearing such facsimile l1gnatures or Cacsinule seal shall be valid and biDding uQOI1 the Company and any
such power so executed and certified by faC3imile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY h.. ..u.ed thi. in"tu...nllo be
signed and its corporate seal to be affixed by its authorized officer. this 31st day of August. A.D. 1998.
STATE OF NEW JERSEY
County of Essex
On this 31st day of August 1998. before me came the individual who executed thureceding _instrument. to _~ pe:rsonally known. and. being by me duly
sworn. said the he IS the therein described and authoriud officer of the INTERNATIONAL FlDELITY INSURANCE COMPANY; that the seal affIXed to
~d instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affIXed by order of the Board of Directors of
SAId Company.
IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my OfficiaJ Seal.
at the City of Newark. New Jersey the day and year first above written.
~"~~
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Nov. 21. 2000
CERTIFICATION
I. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY .do hereby certify that 1 have compared the foregoing copy of the
Power of Anomey and affidavit. and the copy of the Section of the By~Laws of said Cornpanyas set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY I and that the same are correct transcripts thereof, and of the whokof the said originals. and that the said Power
of Anomey has not beeD revoked and is now in fun force and effect
IN TESTIMONY WHEREOF. I have hereunto set my hand
day.of
October
2000
~~fp,~
Assistlnt secretarY
"
T1.11!1/11A nF"AIH jII.c:~1 r or ',"~"J1,i\fI':t.
5P.01: ~st l!Cl:;ilAUS
lk.116~5Ig~S;
I~ Uf:J.lolS~!' HI 1,1"1;;:....; /I"
llUljlr.'l:=r. ~,\,'~,~ III lfr~WW!I'
,~. I 1r.!S !rr~:. & Cl~. !~:
..~~
~j
. ,~.-:c
...., .
/
l1u,r/ /1/:""" f.;..
':'."=."
TOTF'.l.. P.~
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
a. The contractor shall be responsible for his work and every part thereof, and for all
materials, tools, appliances and property of every description, used in connection with
this particular project. He shall specifically and distinctly assume, and does so assume,
all risks of da.>nage or injury to property or persons used or employed on or in connection
with the work and of all damage or injury to any person or property wherever located,
resulting from any action or operation under the contract or in connection with the work.
It is understood and agreed that at all times the contractor is acting as an independent
contractor.
b. The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
l.
11.
lll.
IV.
v.
vi.
vii.
BID NO: 118-99/00
DATE: 0814/00
Maintain Worker's Compensation and Employer's Liability Insurance to meet
the statutory requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed
by the City (see checklist for limits) to protect the contractor in the interest
of the City against all risks of injury to persons (including death) or damage
to property wherever located resulting from any action or operation under the
contract or in connection with the work. This policy is to provide coverage
for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractual liability .
Maintain Automobile Liability Insurance including Property Damage
covering all owned, non-owned or hired automobiles and equipment used in
connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated
on the Insurance Check List.
Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as
an additional insured onto your policies, the insurance companies hereby
agree and will endorse the policies to state that the City will not be liable for
the payment of any premiums or assessments.
No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida and these companies must have a rating
of at least B+: VI or better per Best's Key Rating Guide, latest edition.
CITY OF MIAMI BEACH
23
Vlll. Original signed Certificates of Insurance, evidencing such coverages and
endorsements as required herein, shall be filed with and approved by the City
of Miami Beach Risk Manager before work is started. The certificate must
state Bid Number and Title. Upon expiration of the required insurance, the
contractor must submit updated certificates of insurance for as long a period
as any work is still in progress.
IX. It is understood and agreed that all policies of insurance provided by the
contractor are primary coverage to any insurance or self-insurance the City
of Miami Beach possesses that may apply to a loss resulting from the work
performed in this contract.
c. The liability insurance coverage shall extend to and include the following contractual
indemnity and hold hannless agreement:
"The contractor hereby agrees to indemnifY and hold hannless the City of Miami Beach,
a municipal corporation, its officers, agents, and employees from all claims for bodily
injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and
for all damages to the property of others in and up to the amount of $1,000,000.00 for
each occurrence per the insurance requirement under the specifications including costs
of investigation, all expenses of litigation, including reasonable attorney fees and the cost
of appeals arising out of any such claims or suits because of any and all acts of omission
or commission of any by the contractor, his agents, servants, or employees, or through th::
mere existence of the project under contract. BID NO. 118-99/00, "13TH STREET
PARKING GARAGE RENOVATION". The foregoing indemnity agreement shall
apply to any and all claims and suits other than claims and suits arising out of the sole and
exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as
determined by a court of competent jurisdiction.
I. The contractor will notifY his insurance agent without delay of the existence
of the Hold Hannless Agreement contained within this contract, and furnish
a copy of the Hold Hannless Agreement to the insurance agent and carrier.
11. The contractor will obtain and maintain contractual liability insurance in
adequate limits for the sole purpose of protecting the City of Miami Beach
under the Hold Harmless Agreement from any and all claims arising out of
this contractual operation.
d. All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued
on this contract unless specific safeguards have been established to assure an adequate
fund for payment of deductibles by the insured and approved by the City's Risk Maruger.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
24
e. The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of
their liabilities and obligations under any Section or Provisions of this contract.
Contractor shall be as fully responsible to the City for the acts and omissions of the
subcontractor and of persons employed by them as he is for acts and omissions of persons
directly employed by him.
f. Insurance coverage required in these specifications shall be in force throughout the
contract term. Should any awardee fail to provide acceptable evidence of current
insurance within seven days of receipt of written notice at any time during the contract
term, the City shall have the right to consider the contract breached and justifying the
termination thereof.
g. If bidder does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
h. It is understood and agreed that the inclusion of more than one insured under these
policies shall not restrict the coverage provided by these policies for one insured
hereunder with respect to a liability claim or suit by another insured hereunder or an
employee of such other insured and that with respect to claims against any insured
hereunder, other insured hereunder shall be considered members of the public; but the
provisions of this Cross Liability clause shall apply only with respect to liability arising
out of the ownership, maintenance, use, occupancy or repair of such portions of the
premises insured hereunder as are not reserved for the exclusive use of occupancy of the
insured against whom claim is made or suit is filed.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
ZS
INSURANCE CHECK LIST
xxx 1.
Workers' Compensation and Employer's Liability per the Statutory limits of
the state of Florida.
)
xxx 2.
Comprehensive General Liability (occurrence form), limits of liability
$1,000,000.00 per occurrence for bodily injury property damage to include
Premisesl Operations; Products and Completed Operations; Independent
Contractors; Broad Form Property Damage Endorsement and Contractual
Indemnity (Hold harmless endorsement exactly as written in "insurance
requirements" of specifications).
XXX 3.
Automobile Liability - $100,000.001$300,000.00 - $50,000.00 each
occurrence - owned/non-ownedlhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary
coverages.
xxx 5.
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7.
Thirty (30) days written cancellation notice required.
xxx 8.
Best's guide rating B+:VI or better, latest edition.
xxx 9.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
26
DIVISION I
General Provisions
Section I
DEFINITION OF TERMS
.,
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals,
Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and
meaning shall be interpreted as follows:
1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "City Manager" - Chief Administrator of the City Commission.
1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized
assistants.
1. 7 "Inspector" - An authorized representative of the City Engineer assigned to make all
necessary inspection of the materials furnished and of the work performed by the Contractor.
1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, th.e per~on, firm or
corporation with whom a Contract has been made by the City.
1.10 "Superintendent" - Executive representative for the Contractor present on the work
at all times during progress, authorized to receive and fulfill instructions from the Engineer and
capable of superintending the work efficiently.
1.11 "Surety" - The corporate body or individual which is bound by the Performance and
Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be
responsible for his acceptable performance of the work for which contract has been made and for his
payment of all debts pertaining thereto.
1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted
his, their, or its Proposal for the work contemplated.
1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the
Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded
to him.
1.14 "Plans" - The official approved plans, profile, typical cross-section, general
cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which
BID NO: 118-99/00
DATE: 0814100
CITY OF MIAMI BEACH
27
show the location, character, dimensions and details of the work to be done, and which are to be
considered as a part of the Contract supplementary to these Specifications.
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
"
1.16 "Specifications" - The directions, provisions and requirements contained herein,
together with all written agreements made or to be made, setting out or relating to the method and
manner of performing the work, or to the quantities and qualities of materials and labor to be
furnished under the Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications,
setting forth conditions peculiar to the project under consideration. In case of any discrepancy
between the Standard Specifications and the Special Provisions, the Special Provisions are to govern.
1.18 "Supplemental Agreement" - A written agreement between the Contractor and the
City Engineer, covering alterations and unforeseen work incidental to the project.
1.19 "Contract" - The written agreement covering the performance of the work and the
furnishing of labor and materials in the proposed construction. The contract shall include the
"Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and
Material Bond" also any and all "Supplemental Agreements" required to complete the work in a
substantial and acceptable manner.
1.20 "Contract Bond" - Perfonnance Bond - The security furnished by the Contractor and
the Surety as a guaranty that the Contractor will execute the work in accordance with the tenns of
the Contract.
1.21 "Payment Bond" - The security furnished by the contractor and the surety as to
guaranty that the contractor will pay a claimant. A claimant is defined as any person supplying the
Principal with labor, material and supplies, used directly or indirectly by the said Principal or any
subcontractor in the prosecution of the work provided for in said Contract, and is further defined in
Section 255.05(1) of the Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans
or in the Proposal as contemplated improvement.
1.23 "Questionnaire" - The approved fonn upon which the Contractor must furnish the
infonnation as to his ability to perfonn the work, his experience in similar work, and his financial
condition as related to his ability to finance the work.
1.24 "Substantial Completion" - When construction is sufficiently complete in accordance
with the contract documents, so the owner can occupy or utilize the work or designated portion
thereof for the use for which it is intended. A Certificate of Substantial Completion signed by the
AlE of Record, the contractor and approved by the City must be submitted in order to consider the
work substantially complete. Moreover, the substantial completion shall also be linked, for the City's
convenience, to the issuance ofa Temporary Certificate of Completion or Temporary Certificate of
Occupancy by the Building Official.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
28
Section 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact
that the estimate of quantities of all work to be done and materials to be furnished under the
Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only
as a basis of calculation upon which the award of the Contract is to be made. The City does not
assume any responsibility that the final quantities shall remain in strict accordance with estimated
quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate
of quantities or of the character, location of the work or other conditions pertaining thereto.
2.2 Examination of Plans, Specifications, Special Provisions, and Site of Work - The
Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and
Contract for the work contemplated, and it will be ass limed that the Bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work
to be performed and materials to be furnished and as to the requirements of these Specifications,
Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be
considered prima facie evidence that the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All
blank specifications for which quantities are shown must be filled in ink, in both words and figures
with the unit price for the item for which the proposal is made. The bidder shall also state the time
in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is
made by an individual in his own proper person or under a trade or firm name, he shall execute the
same under his individual trade or firm name, he shall execute the same under his individual
signature and his post office address shall be shown. If made by a copartnership the proposal shall
be executed for the copartnership, by setting out in full the names of the partners and the firm name
of the partnership, if any, and signed by one or more of the partners, and the post office address of
each of the partners shall be shown. If made by a corporation, the proposal shall be executed by
setting out the corporate name in full, followed by a statement that it is incorporated and existing
under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and
permitted to transact business in this State, and signed by its President, or other authorized corporate
officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal
place of business shall be shown.
2.4 Rejection ofIrregular Proposals - Proposals will bt: considered irregular and may be
rejected if they show serious omissions, alterations of form, additions not called for, conditions,
unauthorized alternate bids, or irregularities of any kind.
2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless
accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to
Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
29
2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which
shall be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the
above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing
Agent, Miami Beach, Florida, preferably by registered mail; ifforwarded otherwise than by mail,
it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the
date and hour stated in the "Notice to Contractors."
2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the
Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or
unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids.
Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety
by the City.
2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2.9 Disqualification of Bidders - Only one Proposal from an individual, firm, partnership,
or corporation, under the same or different names, will be considered. Should it appear to the Board
that any bidder is interested in more than one Proposal for the work contemplated all Proposals in
which such Bidder is interested will be rejected.
The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled
all bills due for labor and material on former contracts with the City or contracts with the same in
force at the time of receiving bids.
2.10 Competency of Bidders - Bidders must be capable of performing the various items of
work bid upon. They shall furnish a statement covering experience on similar work, a list of
machinery, plant, and other equipment available for the proposed work, and shall Furnish statements
of their financial resources as requested in the Questionnaire. If the available evidence of
competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be
rejected.
2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to
furnish a complete statement of the origin, composition, and manufacture of any and all materials
to be used in the work, together with samples, which samples may be subjected to the tests provided
for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries
shall be equal in all respects to the samples submitted.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
30
Section 3
AWARD AND EXECUTION OF CONTRACT
3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and
read, the correct summation of the products of the approximate quantities shown in the Proposal, by
the unit bid prices, will be considered the bid. The amounts wili then be compared and the results
of such comparison will be available to the public. Until the final award of the Contract, however,
the right will be reserved to reject any or all Proposals and to waive technical errors as may be
deemed best for the interests of the City.
3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest
responsible Bidder whose Proposal shall comply with all the requirements necessary to render it
formal. The award, ifmade, will be within ninety (90) days after the opening of the Proposals, but
in no case will an award be made until all necessary investigations are made as to the responsibility
of the Bidder to whom it is proposed to award the Contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately
following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be
returned within ten (10) days following the award ofContra~t, except that of the successful Bidder,
which will be returned after a satisfactory Bond has been furnished and the Contract has been
executed unless surety is forfeited because of bid withdrawal.
3.4 Contract Bond Requind - The successful Bidder entering into a Contract for any
portion of the work will be required to give the City Surety in a sum equal to the amount of the
Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be
acceptable to the City, and executed on the form furnished. In case of default on the part of the
Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond,
including both Engineering and Legal services, shall lie against the bond.
3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract
has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract
with the City, and return them to the City Engineer. No proposal will be considered binding upon
the City until the execution of this Contract.
3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond
as provided herein within ten (10) days from date of award shall be just cause for the annulment of
the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, b.1t in liquidation
of damages sustained. A ward may then be made to the next lowest responsible Bidder or the work
may be re-advertised or may be constructed by day labor, as the City may decide.
3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to
furnish certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to
execute such documents, and of the companies bound thereby to do business in the State of Florida.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
31
Section 4
SCOPE OF THE WORK
4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of
improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated
in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary
to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a
substantial and acceptable manners, and when completed, shall remove all surplus and discarded
material and equipment and leave the site of the Work in a neat, acceptable and finished condition.
He shall furnish, unless otherwise provided in "Special Provisions," aI implements, machinery,
equipment, transportation, tools, materials, supplies, labor, and other things necessary to the
prosecution and completion of the Work.
He shall maintain the finished Work until its formal acceptance by the City, as herein
provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in
full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract.
4.2 Special Work - Proposed construction or requirements not covered by these
Specifications will be covered by "Special Provisions" and performed or complied with by the
Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer
to make from time to time such alterations in the Plans or in the character of the work as may be
considered necessary or desirable to complete fully and perfectly the proposed construction and such
alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any
of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of
the quantity of work to be performed, and should added or eliminated work be of the same character
as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit
Price for the actual quantities of the work done. Should an alteration be a change in the character
of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer
before such work is begun, shall be added to or deducted from the Contract Price, as the case may
be. No allowance will be made for anticipated profits.
4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no
quantity and price included ill the Contract, whenever it is deemed necessary or desirable to complete
fully the Work as contemplated, and such extra work shall be performed in accordance with the
Specifications and/or as directed; provided, however, that before any "Extra Work" is started a
"Supplemental Agreement shall be signed by both contracting parties, or a written order from the
Engineer to do the Work on a "Force Account" Basis given the Contractor.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
32
4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove
all obstructions that may come in the way of the contemplated improvements, such as pavements,
sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other
obstructions encountered either above or below the surface of the ground and dispose of them in such
manner as the Engineer may direct.
All work prescribed and involved under this heading shall be considered as incidental to and
included in the unit price bid for the particular Work in which it is involved and no additional
payment will be made therefore unless otherwise specifically provided in the Special Provisions.
4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the
approval of the Engineer, may use in the proposed construction such sand or other material suitable
in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation
of such material at the corresponding contract unit price therefore, but he shall replace at his own
expense with other suitable material all of that portion of the material so removed and used as was
contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials
so used will be made against the Contractor except the replacement herein provided for. The
Contractor shall not excavate or remove any material which is not within the excavation, as
indicated, without written authorization from the Engineer. Materials in old structures removed by
the Contractor to allow the construction of new structures, and not needed by the City.. may be used
by the Contractor during construction. Such materials are the property of the City and shall not be
cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the
Contractor as directed by the Engineer.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
33
Section 5
CONTROL OF THE WORK
5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties
hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature,
which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment
of this Contract, and as to the character, quality, amount, and value of any work done, and materials
furnished, under or by reason of this Contract, and his estimates and decisions upon all claims,
questions, and disputes shall be final and conclusive upon the parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working drawings as are
necessary to adequately control the Work. It is mutually agreed that all authorized alterations
affecting the requirements and information given on the approved plans shall be in writing. No
changes shall be made of any plan or drawing after the same has been approved by the Engineer,
except by direction of the Engineer.
Working Drawings for any structure shall consist of such detailed plans as may be required
for the prosecution of the work and are not included in the Plans furnished by the Engineer. They
shall include shop details, erection plans, masonry layout diagrams and bending diagrams for
reinforcing steel, approval of which by the Engineer must be obtained before any work involving
these plans shall be performed. Plans for cribs, cofferdams, falsework, centering, and form work
may also be required, and in such cases shall be likewise subject to approval unless approval be
waived by the Engineer.
It is understood, however, that approval by the Engineer of the Contractor's working drawing>
does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of
mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be
responsible for agreement and conformity of his working drawings with the approved Plans and
Specifications.
The Contract price shall include the cost of furnishing all working drawings and the
Contractor will be allowed no extra compensation for such drawings.
5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases
shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any
such deviations from the approved Plans and working drawings as may be required by the exigencies
of construction will in all cases be determined by the Engineer and authorized in writing.
5.4 Coordination of Plans, Specifications, and Special Provisions - These Specifications,
the Plans, Special Provisions, and all supplementary docwnents are essential parts of the Contract
and a requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe and provide for a complete Work. In case of discrepancy, figured
dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special
Provisions shall govern over both Specifications and Plans.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
34
5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Work at all times,
one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the
constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer
and with other contractors in every way possible. The Contractor shall at all times have a competent
English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and
Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his
authorized representatives. The Superintendent shall have full authority to execute the orders or
directions of the Engineer without delay and to promptly supply such materials, tools, plant,
equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the
amount of work sublet.
5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all wOlk
done and materials furnished. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the Work
to report to the Engineer as to the progress of the Work and the manner in which it is being
performed; also to report whenever it appears that the materials furnished and work performed by
the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the
attention of the Contractor any such failure or other infringements. Such inspection, however, shall
not relieve the Contractor from any obligation to perform all the Work strictly in accordance with
the requirements of the Specifications. In case of any dispute arising between the Contractor and tre
Inspector as to material furnished or the manner of performing the Work, the Inspector shall have
the authority to reject materials or suspend the Work until the question at issue can be referred to and
decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He
shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these
Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to tre
Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for
the Contractor, nor interfere with the management of the Work by the latter. Any advice which the
Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way,
nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector
will be employed by the City for each section of the Work under Ccntract; but if, on account of any
apparent disregard of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the
Contractor and deducted from the final payment.
5.7 Inspection - The Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed and materials used are in accordance with the
requirements and intent of the Specifications and Contract. If the Engineer requests it, the
Contractor shall at any time before final acceptance of the Work remove or uncover such portions
of the finished Work as may be directed. After examination the Contractor shall restore said portions
of the Work to the standard required by the Specifications. Should the Work thus exposed or
examined prove acceptable, the uncovering or removing, and the replacing of the covering or making
good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or
examined prove unacceptable, the uncovering or removing and the replacing of the covering or
making good of the parts removed, shall be at the Contractor's expense. No work shall be done nor
materials used without suitable supervision or inspection by the Engineer or his representative.
Failure to reject any defective work or material shall not in any way prevent later rejection when such
defect be discovered, or obligate the City to final acceptance.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
35
5.8 Failure to Remove and Renew Defective Materials and Work - Should the
Contractor fail or refuse to remove and renew any defective materials used or work performed, or
to make any necessary repairs in an acceptable manner and in accordance with the requirements of
these Specifications within the time indicated in writing, the Engineer shall have the authority to
cause the unacceptable or defective materials or work to be removed and renewed, or such repairs
as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in
making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall
be paid for out of any monies due or which may become due the Contractor or may be charged
against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor
to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient
cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor
or may contract with any other individual, firm, or corporation to perform the Work. All costs and
expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof
deducted from any monies due or which may become due him, or shall be charged against the
"Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve
the Contractor in any way from his responsibility for the work performed by him.
5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor
shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall
within ten (l0) days, unless otherwise provided, make the final inspection.
BID NO: 118-99/00
DATE: 0814100
CITY OF MIAMI BEACH
36
Section 6
CONTROL OF MATERIALS
6.1 Source of Supply and Quality of Materials - At the option of the Engineer the source
of supply for each of the materials shall be approved by the Engineer before the delivery is started.
Representative preliminary samples of the character and quality descnbed shall be submitted by the
Contractor or producer for examination and tested in accordance with the methods referred to under
Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these
Specifications and approved by the Engineer shall be used in the Work. All materials proposed to
be used may be inspected or tested at any time during their preparation and use. If, after trial, it is
found that sources of supply which have been approved do not furnish a uniform product, or if the
product from any sources proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. No material which after approval has in any way become
unfit for use shall be used in the Work.
6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require
any or all materials to be subject to test by means of samples or otherwise as he may determine. The
Contractor shall afford such facilities as the Engineer may require for collecting and forwarding
samples and shall not make use of or incorporate in the Work any material represented by the
samples until the tests have been made and the materials found in accordance with the requirements
of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the
required samples without charge. Samples shall be furnished sufficiently in advance so that the
results of the required tests may be secured prior to the incorporation of the material in the Work.
The manner of collecting and testing samples, as well as all apparatus and equipment used
for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case
may be, insofar as these are applicable - unless specifically stated otherwise.
6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and
quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials
improperly stored may be rejected without testing.
6.4 Defective Materials - All materials not conforming to the requirements of these
Specifications shall be considered as defective and all such materials, whether in place or not, shall
be rejected and shall be removed immediately from the site of the Work, W'less otherwise permitted
by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall
be used until approval has been given. Upon failure on the part of the Contrdctor to comply with any
order of the Engineer made under the provisions of this article, the Engineer shall have authority to
remove and replace defective material and to deduct the cost of removal and replacement from any
monies due or to become due the Contractor.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
37
Section 7
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all
Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance
with them. He shall indemnify and hold harmless the City, the Architects and all of its officers
agents, and servants against any claims or liability arising from, or based on, the violation of any
such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees.
7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a
requirement of many construction contracts that exceed $1,000,000.00.
7.1.2 PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crimes may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor,
supplier, sub-contractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of the
threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor
list.
7.1.3 VENDOR APPLICATION
Prospective bidders should register with the DemandStar.com (the City's
Vendor Dat3base Management firm); this will facilitate their receipt offuture
notices of solicitations when they are issued. Potential bidders may contact
DemandStar.com at (800) 711-1712 or register on-line at
www.demandstar.com.
It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such
as new address, telephone number, or commodities.
7.2 Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits
and licenses as required, however, there will be no charge for the construction permits issued by the
City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and
lawful prosecution of the Work.
7.3 Patented Devices, Materials, and Processes - It is mutually understood and agreed that
without exception contract prices are to include all royalties and costs arising from patents,
trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the
Contractor is required or desires to use any design, device, material, or process covered by letters,
patent or copyright, the right for such use shall be provided for by suitable legal agreement with the
patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether
or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
38
indemnify and save harmless the City from any and all claims for infringement by reason of the use
of any such patented design, device, material, or process, to be performed under the Contract, and
shall indemnify the said City for any co!ts, expenses, and damages which it may be obliged to pay,
by reason of any such infringement, at any time during the prosecution or after completion of the
Work.
7.4 Right of Way -In cases where the Work is done on private property the City guarantees
the Contractor the right-of-way for the construction of the Work, but the Contractor must take all
precautions not to inconvenience the tenant or property owner any more than necessary. The right
is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such
right-of-way is denied the City.
The Contractor shall have no claims for damage due to delay by the City in furnishing
necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such
extension of time for the completion of his Contract as may be determined by the City to be
reasonable.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time
specified, the Engineer shall have the authority to cause such repairs to be made, in which case the
Contractor shall not be relieved in any way from his responsibility for the work performed by him.
7.5 Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation
wishing to make an opening in the street must secure a permit from, and will be required to deposit
security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs,
and the Contractor shall not allow any person or persons to make an opening unless a duly authorized
permit from the City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service
pipe or their accessories at any time before the completion of the Work. The Contractor is to
exercise such supervision thereof as will protect him against defects in the finished Work.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time
specified, the Engineer shall have the authority to cause such repairs to be made, in which case the
Contractor shall not be relieved in any way from his responsibility for the work performed by him.
7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense,
in a sanitary condition, such accommodations for the use of his employees as is necessary to comply
with the requirements and regulations of State and County Boards of Health. He shall commit no
public nuisance.
BID NO: 118-99/00
DATE: 0814100
CITY OF MIAMI BEACH
39
7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure
the least obstruction to traffic practicable, and shall provide for the convenience of the general public
and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials
and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public
as possible and shall be lighted and barricaded as hereinafter provided.
7.8 Closing Streets - Streets shall not be closed except when and where directed by the
Engineer, and whenever the street is not closed the Work must be so conducted that there shall at
all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part
of the Work the Contractor shall provide and maintain a passable driveway as directed by the
Engineer.
Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be
maintained by the Contractor in all cases and the Engineers office and the Fire Department shall
immediately be notified by telephone or otherwise upon the closing and/or opening of each street or
section thereof.
7.9 Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be
necessary. He shall place sufficient lights on and/or near the Work and keep them burning from
twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the
Work; provide all watchmen by day or night and take all other precautions that may be necessary;
shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and
equipment, and take all other precautions that may be necessary for the proper protection of the
Work and public convenience and safety.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour
signs at all closures, intersections, and along the detour routes, directing the traffic around the closed
portion or portions of the Work, so that the temporary detour route or routes shall be indicated
clearly throughout its or their entire length.
7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept
accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten
(10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and
obstruction of sewer inlets, gutters, and ditches will not be permitted.
7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives
is not contemplated in the prosecution of this Contract, and in no case will their use be permitted
without the written permission of the City Engineer and a permit issued by the Chief of the Fire
Department.
Where such permission for the use of explosives is obtained the Contractor shall use the
utmost care so as not to endanger life or property, and whenever directed the number and size of the
charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage
places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of
competent watchmen.
BID NO: 118-99/00
DATE: 0814100
CITY OF MIAMI BEACH
40
7.12 Preservation of Property - The Contractor shall preserve from danger all property
along the line of Work, the removal or destruction of which is not called for by the Plans. This
applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures,
monwnents, pipe, underground structures, etc., and wherever such property is damaged due to the
activities of the Contractor it shall be immediately restored to its original condition by the Contractor
and at his own expense.
The Contractor shall give due notice to any department or public service corporation
controlling manholes, valve jackets, meter boxes, street monwnents, etc., prior to adjusting them to
grade, and shall be held strictly liable to the City if any such appliances are covered up during the
construction of the Work.
In such case of failure on the part of the Contractor to restore any such property, or make
good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to
repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof
will be deducted from any monies due or which may become due the Contractor under this Contract
Nothing in this clause shall prevent the Contractor from receiving proper compensation for the
removal or replacement of any public or private property when same is made necessary by alteraticn
of grade or alignment, and such work is authorized by the Engineer, provided that such property has
not been damaged through fault of the Contractor, his employees, or agents.
7.13 Responsibility for Damage, Etc. - The Contractor shall indemnify and save harmless
the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims
of any character, name, and description brought for, or on account of, any injuries or damages
received or sustained by any person, persons, or property by or from the said Contractor, or by, or
in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable
materials in the construction of the improvement, or by, or on account of any act of omission,
neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts
recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts
arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue
of his Contract as shall be considered necessary by the Engineer may be retained for the use of the
City, or in case no money is due, his surety shall be held until such suit or suits, action or actions,
claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence
to that effect furnished to the Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor,
and other just claims against him or any subcontractor in connection with this Contract and his bonds
will not be released by final acceptance and payment by the City unless all such claims are paid or
released.
7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it
shall be under the charge and care of the Contractor and he shall take every necessary precaution
against injury or damage to any part thereof by the action of the elements or from any other cause
whatsoever arising from the execution or from the non execution of the Work. The Contractor shall
rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion
of the Work occasioned by any of the above causes before its completion and acceptance except such
ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
41
7.15 Opening of Section of Work for Service - Whenever, in the opinion of the Engineer,
any portion of the Work is in acceptable condition for use it shall be opened for service as may be
directed and such opening shall not be held to be in any way an acceptance of the work or any part
of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or
renewals made on any section of the Work due to its being opened for use under instructions from
the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear,
pending completion and acceptance of the Work, shall be performed at the expense of the
Contractor.
7.16 No Waiver of Legal Rights - The City reserves the right, should an error be discovered
in the partial or final estimates, or should conclusive proofs of defective work or materials used by
or on the part of the Contractor be discovered after the final payment has been made, to claim and
recover by process of law such sums as may be sufficient to correct the error or make good the
defects in the work and materials.
7,17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty
or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation
or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said
reference to any specific duty or liability being for purposes of explanation only. No waiver of any
breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of
the Contract.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
42
Section 8
PROSECUTION AND PROGRESS
8.1 Subletting or Assigning Contracts - The Contractor will not be permitted to sublet,
assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title,
or interest therein to any individual, firm, or corporation without the written consent of the Board.
In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts.
No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability under
this Contract and Bond.
8.2 Progress of Work - It is understood and agreed that the Contractor shall commence
work not later than the time limit for beginning as set forth in the attached Proposal, and shall
provide an adequate force oflabor and equipment to prosecute the Work at as many different points
as may be deemed necessary by the Engineer so as to insure the completion of the same within the
time limit for completion as set forth in the attached Proposal or Contract, except that where the
Contractor has more than one uncompleted Contract with the City, he is not to commence another
Contract nor place materials on the streets thereof without the consent of the Engineer.
8.3 Limitations of Operations - The work is to be confined, at anyone time, to five
squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half
this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive
street intersections be allowed to be entirely closed to exclude traffic except by written consent of
the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic
until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his
work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such
structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and
construction of these must be subject to the approval of the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as not to
interfere with the operations of other contractors engaged upon adjacent work and to join his work
to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and
to perform his work in the proper sequence in relation to that of other Contractors, all as may be
directed by the Engineer.
Each Contractor shall be held responsible for any damage done by him or his agents to the
work performed by another Contractor. Each Contractor shall so conduct his operations and
maintain the Work in such condition that adequate drainage shall be in effect at all times.
8.4 Character of Workmen and Equipment - The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall
determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful,
disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall
not again be employed on it except with written consent of the Engineer.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
43
All workmen must have sufficient skill and experience to properly perform the work assigned
them. All workmen engaged on special work or skilled work, or in any trade, shall have had
sufficient experience in such work to properly and satisfactorily perform it and to operate the
equipment involved, and shall make due and proper effort to execute the Work in the manner
prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed.
Should the Contractor fail to remove such person or persons, or fail to furnish suitable or
sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may
withhold all estimates which are or may become due, or may suspend the Work until such orders are
complied with. The equipment used on any portion of the Work shall be such t.l}at no injury to the
roadway, adjacent property, or other highways will result from its use; and no item of machinery or
equipment, after once being place on the Work, shall be removed without the consent of the
Engineer.
8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to
suspend the Work wholly or in part for such period or periods as may be deemed necessary due to
unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the Work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the Contract. If it should
become necessary to stop work for an indefinite period, the Contractor shall store all materials in
such manner that they will not obstruct or impede the traveling public unnecessarily, nor become
damaged in any way, and he shall take every reasonable precaution to prevent damage or
deterioration of the work performed; provide suitable drainage of the roadway by opening ditches,
shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not
suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the
written permission of the Engineer.
No allowance of any kind will be made for such suspension of work except an equivalent extension
of time for completion of the Contract.
8.6 Computation of Contract Time for Completion of the Work - Contractor shall
perform fully, entirely, and in accordance with these Specifications the Work contracted for within
specified time stated in the attached Proposal. In adjusting the contract time for the completion of
the Work, the length of time expressed in days, during which the prosecution of the Work has been
delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board
and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached
Proposal, all of which shall be determined by the Engineer, and whose determination shall be
binding and conclusive upon both parties to the Contract. If the satisfactory execution and
completion of the Contract shall require work or material in greater value than set forth in the
Contract, then the contract time shall be increased in the same ratio as the additional value bears to
the original value contracted for. No allowance shall be made for delay or suspension of the
prosecution of the Work due to fault or negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or postponement occasioned by
the precedence of other contracts which may be either let or executed before the execution of the
Contract, or on account of the streets or structures adjacent to the Work not being in the condition
contemplated by the parties at the time of making the Contract, or on account of delay in the removal
of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
44
the streets or structures adjacent to the Work not being in condition contemplated, or on account of
delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended
on account of other contracts, or for any other reason, such allowance of time will be made as the
Engineer shall deem reasonable.
8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is
to be begun on or before the date set fonh in the attached Proposal, and shall be prosecuted with
proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed
within the time limit set fonh in the attached Proposal, and it is understood and agreed that the time
limit for the completion of said Work is of the essence of the Contract, and should the Contractor
fail to complete the Work on or before the date specified it is agreed that for each calendar day that
any work shall remain uncompleted, after the time specified in the attached Proposal, with any
extension of time which may be allowed by the Engineer for the completion of the Work provided
for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the
following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as
liquidated damages and added expense for supervision on each Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of
Agreement
The Contractor shall take into account all contingent work which has to be done by other
parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said
contingent work as an excuse for delay in his work or for its non- performance.
Nothing in this clause shall be construed as limiting the right of the Board to declare the
Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to
abide by each and every one of the terms of this Contract as set fonh and provided for in the General
Provisions, Special Provisions, and Specifications herein contained.
8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract
within the time specified, or fails to perform the Work with sufficient workmen and equipment or
with sufficient materials to insure the prompt completion of said Work, or shall perform the Work
unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be
rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the
Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or
insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight
(48) hours, or shall make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in
writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and
if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance
therewith, then the Board shall upon written certificate from the Engineer of the fact of such delay,
neglect, or default and the Contractor's failure to comply with such notice, have full power and
authority, without violating the Contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable
and acceptable and may enter into an agreement for the completion of said Contract according to the
terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for
the completion of said Contract in an acceptable manner.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
45
All costs and charges incurred by the Board, together with the costs of completing the Work under
contract, shall be deducted from any monies due or which may become due said Contractor. In case
the expense shall exceed the sum which would have been payable under the Contract, then the
Contractor and the Surety shall be liable and shall pay to the City the amount of said excess.
8.9 Termination of Contractor's Responsibility - This Contract will be considered
complete when all work has been completed, final inspection made, and the work accepted by the
Board as hereinafter provided. The Contractor will then be released from further obligation except
as set forth in his bond, and except as provided in Article 7.16 of these Specifications.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
46
Sedion 9
MEASUREMENT AND PAYMENT
9.1 Measurement of Quantities - All work completed under this Contract shall be
measured by the Engineer, according to United States Standard Measures. All measurements shall
be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual
surface of the pavement. No allowance shall be made for surfaces laid over a greater area than
authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except
where such work is done upon written instructions of the Engineer.
9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and
accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor,
equipment, and tools, and for performing all the Work contemplated and embraced in the attached
Specifications and Proposal, also for all loss or damage arising out of the nature of the Work
aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which
may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter
provided for, and also for all risks of every description and all expenses incurred by or in
consequence of the suspension or discontinuance of the Work as herein provided for, or for any
infringement of patent, trademark, or copyright, and for the completion of the Work in accordance
with the Plans, Specifications, and Contract.
9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered
and performed, the Contractor shall accept payment in full at the Contract unit price for the actual
quantities of work done; no allowance will be made for anticipated profits; increased or decreased
work involving Supplemental Agreements shall be paid for as stipulated in such agreement.
9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be
performed by such labor, teams, tools, and equipment as may be specified by th: Engineer, and will
be paid for in the following manner:
(a) For all labor, teams, and foremen in direct charge of the specified operations, the
Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting
such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to
which shall be added an amount equal to 15 percent of the sum thereof which shall be considered
as full compensation for general supervision and the furnishing and repairing of small tools and
ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the
above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment
Insurance, and Workmen's Compensation Insurance involved in such force account work, based on
the ac;tual wages paid the said labor and foremen. No percentage will be added to the cost of such
taxes or insurance.
(b) For all materials used the Contractor shall receive the actual cost of such materials,
delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on
the cost of such materials.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
47
@ For any special equipment or machinery, such as power driven rollers, tractors, trucks,
shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc.,
required for the economical performance of the work, the Engineer shall allow the Contractor a
reasonable rental price to be agreed upon in writing before such work is begun, for each and every
hour that said special equipment is in use on the work, to which sum no percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment in full
for Extra Work done on a force account basis.
The Contractor's representative and the Inspector shall compare records of extra work done
on a force account basis at the end of each day. Copies of these records shall be made in duplicate
upon a form provided for this purpose by the Inspector and signed by both the Inspector and the
Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized
representative, and to the Contractor. All claims for extra work done on a force account basis shall
be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall
be attached original receipted bills covering the costs of and the freight charges and hauling on all
materials used in such work, and such statements shall be submitted to the Engineer on the current
estimate of the month in which work was actually done.
9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract
relating to the construction of any items therein by the payment to the Contractor of a fair and
equitable amount covering all items incurred prior to the date of cancellation or suspension of the
work by order of the Engineer.
9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will
be paid monthly ninety (90) percent of the value of the WOlf< completed, and materials furnished by
the Contractor under these Specifications, when such materials have been delivered, inspected, and
payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the
Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per
cent of the amount due being reserved until a final settlement after the completion of the Work.
Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment.
It is understood and agreed that the City may also deduct from any estimai:, either partial or
final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams,
equipment and/or other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the final acceptance, or
should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the
completed Work, the estimate and payment for such defective or questioned work shall not be
allowed until the defect has been remedied and causes for doubt removed. The monthly payments
shall be approximate only, and all partial estimates and payments shall be subject to correction in
the final estimate and payment. If the total amount of the retained percentage of the Contract is
greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor
a portion of the suspended payment, provided that the City shall at all times retain an amount
sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied
claims.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
48
9.7 Acceptance and Final Payment - Whenever the improvement provided for under this
Contract shall have been completely perfonned on the part of the Contractor, and all parts of the
Work have been approved by the Engineer according to the Contract, and all trash, debris,
equipment, and other things used in the construction removed from the site of the construction and
from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact
to the Board in writing, recommending the acceptance of the Work.
Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work
will be prepared by the Engineer as soon as the necessary measurements and computations can be
made all prior certificates or estimates upon which payments have been made being approximate
only and subject to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained
under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the
Final Estimate has been approved by the Board, provided that the Contractor has furnished to the
Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with
the Work done under this Contract. Upon this final payment the City is to be released from all
liability whatever growing out of this Contract.
No final payment shall be made without the submittal of the following documents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF
THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL
CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF
FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record,
approved by the City.
BID NO: 118-99/00
DATE: 0814100
CITY OF MIAMI BEACH
49
Section 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish
satisfactory evidence that he has complied with the Workmen's Compensation Act of the
State of Florida, and any amendments thereto, and all laws pertaining to the protection of
his employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check,
bank draft of any National or State bank, or Bid Bond payable to the order of the City of
Miami Beach executed by the bidder in the amount of not less than five (5%) percent of
the total bid shall accompany each proposal. The Performance and Payment Bonds shall
each be in the amount of one hundred (100%) percent of the contract price, submitted by
the successful bidder and placed through a Miami Beach agency where practicable.
10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work.
The Contractor shall take every precaution to protect the abutting properties and minimize
the possibility of damage to same. Contractor shall be liable for restoration of all property
including City property.
lOA LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise
occasioned either directly or indirectly by the work provided for under the Specifications
herein, shall be asswned by the Contractor and the City Commission and all its officers,
agents, employees shall be indemnified and saved hannless therefrom.
10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to
become familiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however,
there will be no charge for the construction permits issued by the City of Miami Beach.
10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS:
In case of conflict between the requirements of Special Provisions and General
Provisions, the requirements of the Special Provisions will prevail.
10.8 LIMITATIONS OF OPERATIONS:
No work shall be accomplished on Saturdays and Sundays. No work shall take place
between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary
precautions to protect work already accomplished. Any work that the contractor finds
necessary to provide during the above days and times, must obtain written permission
from the Property Management Director or designated representative.
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
50
Technical Specifications
I. Plans and specifications prepared by Bermello, Ajamil & Partners, Inc.
I. Technical Specifications:
DIVISION I - GENERAL REOUIREMENTS
SECTION 01010 - SUMMARY OF WORK
(Pages 01010-1 - 01010-2)
SECTION 01027 - APPLICATIONS FOR PAYMENT
(Pages 01027-1 - 01027-6)
SECTION 01035 - MODIFICATION PROCEDURES
(pages 01027-1 - 01027-3)
SECTION 01040 - PROJECT COORDINATION
(Pages 01040-1 .01040-5)
SECTION 01045 - CUTTING AND PATCHING
(Pages 01045-1 .01045-6)
SECTION 01050 - FIELD ENGINEERING
(pages 01050-1 .01050-3)
SECTION 01095. REFERENCE STANDARDS AND DEFINITIONS
(Pages 01095-1 .01095-21)
SECTION 01200 - PROJECT MEETINGS
(pages 01200-1 - 01200-5)
SECTION 01300 - SUBMITTALS
(pages 01300-1 - 01300-11)
SECTION 01400 - QUALITY CONTROL SERVICES
(Pages 01400-1 - 01400-5)
SECTION 01500 - TEMPORARY FACILITIES
(pages 01500-1 - 01500-7)
SECTION 01600 - MATERIALS AND EQUIPMENT
(Pages 01600-1 - 01600-8)
SECTION 01631 - PRODUCT SUBSTITUTIONS
(pages 01631-1 - 01631-5)
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
51
Technical Specifications (Cont.)
SECTION 01700 - PROJECT CLOSEOUT
(Pages 01700-1- -1700-7)
DIVISION 4 - MASONRY
SECTION 04220 - CONCRETE UNIT MASONRY
(Pages 04220-1 . 04220-16)
DIVISION 5 - METALS
SECTION 05500 - METAL FABRICATIONS
(Pages 05500-1 - 05500-13)
DIVISION 6 - WOOD AND PLASTICS
SECTION 06100 - ROUGH CARPENTRY
(Pages 06100-1 - 06100-8)
SECTION 06402 - INTERIOR ARCHITECTURAL WOODWORK
(Pages 06402-1 - 06402-10)
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
SECTION 07180 - TRAFFIC COATINGS
(Pages 07180-1 - 07180-8)
SECTION 07920 - SEALANTS AND CAULKlNGS
(pages 07920-1- 07920-10)
BID NO: 118-99/00
DATE: 08/4100
CITY OF MIAMI BEACH
52
Technical Snecifications (Cont.)
DIVISION 8 . DOORS AND WINDOWS
SECTION 08111 - STANDARD STEEL DOORS AND FRAMES
(Pages 08111-1 - 08111-8)
SECTION 08710 . DOOR HARDWARE
(pages 08710-1 - 08710-12)
SECTION 08800 -GLASS AND GLAZING
(Page 08800-1 - 08800-5)
DIVISION 9 - FINISHES
SECTION 09220 - PORTLAND CEMENT PLASTER
(Pages 09220-1 - 09220-10)
SECTION 09250 - GYPSUM BOARD
(pages 09250-1 - 09250-11)
SECTION 09512 - ACOUSTICAL TILE CEILINGS
(Pages 09512-1 - 09512-9)
SECTION 09900 - PAINTING
(pages 09900-1 - 09900-13)
SECTION 09960 - HOMOGENOUS SHEET VINYL FLOORING
(Pages 09960-1 - 09960-6)
DIVISION 10 - SPECIALTIES
SECTION 10240 - ARCHITECTURAL GRILLES
(Pages 10240-1 . 10240-4)
SECTION 10810 - TOILET ACCESSORIES
(Pages 10810-1 - 10810-4)
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
53
Technical Soecifications (Cont.)
DIVISION 13 - SPECIAL CONSTRUCTION
SECTION 13000 - EXTERIOR SERVICE WINDOW
(Pages 13000-1 - 13000-3)
DIVISION 14 - CONVEYING SYSTEMS
SECTION 14200 - P ASSENGER ELEVATORS
(Pages 14200-1 - 14200-21)
DIVISION 15 - MECHANICAL
SECTION 15010 - GENERAL PROVISIONS
(Pages 15010-1 - 15010-5)
SECTION 15023 - CODES AND STANDARDS
(Pages 15023-1)
SECTION 15044 - GENERAL COMPLETION
(pages 15044-1)
SECTION 15047 -IDENTIFICATION
(pages 15047-1 - 15047-2)
SECTION 15090 - SUPPORTS, ANCHORS AND SEALS
(Pages 15090-1 - 15090-4)
SECTION 15180 - THERMAL INSULATION (HV AC)
(pages 15180-1 - 15180-4)
SECTION 15410 - PIPING (PLUMBING)
(pages 15410-1 - 15410-4)
SECTION 15421 - DRAINS, FLOOR SINKS AND CLEANOUTS
(Pages 15421-1 - 15421-2)
SECTION 15450. PLUMBING FIXTURES AND TRIM
(pages 15450-1 . 15450-2)
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
54
Technical Soecificatioos (Cont.)
SECTION 15510 - PIPING (HV AC)
(Pages 15510-1 - 115510-3)
SECTION 15722 . AIR COOLED SPLIT AIR CONDITIONING UNITS
(pages 15722-1 - 15722-2)
SECTION 15890 - DUCTWORK
(Pages 15890-1 . 15890-3)
SECTION 15908 - TESTING AND BALANCING
(Pages 15908-1 - 15908-3)
SECTION 15910 - DUCT ACCESSORIES
(pages 15910-1 - 15910-4)
SECTION 15940 - OUTLETS (HV AC)
(Pages 15940-1 - 15940-3)
DIVISION 16 - ELECTRICAL
SECTION 16010 - BASIC ELECTRICAL REQUIREMENTS
(pages 16010-1 - 16010-2)
SECTION 16100 - ELECTRICAL WORK
(Pages 16100-1 - 16100-7)
SECTION 16620 - EMERGENCY STANDBY ELECTRICAL SERVICE SYSTEM
(Pages 16620-1-16620-7)
SECTION 16721 - FIRE ALARM AND DETECTION SYSTEMS
(pages 16721-1 - 16721-6)
2. DrawingsIPlans for the City of Miami Beach Municipal Parking Garage Renovation,
1301 Collins Avenue Miami Beach Florida 33139
("13th Street Parking Garage Renovation")
(dated June 16, 2000IRevised June 21, 2000)
(Project No. 9452.001)
(Sheet #Al-l, A2-1- A2-4, A3-1, A4-1 & A4-2, AS-I, M-l & M-2, El-l & EI-2,
and E-2 - E-5)
BID NO: 118-99/00
DATE,08/4/00
CITY OF MIAMI BEACH
55
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, tenns and phrases. when used in this division, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to
recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension
boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the
day-to-day policy setting, operation and management of certain defmed functions or areas of responsibility.
Commissioners means the mayor and members of the city commission.
Departmental personnel means the city manager, all assistant city managers, all department heads, the city attomey, cilef
deputy city attorney and all assistant city attorneys; however, all departmental pe'Sonnel when acting in connection with
administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage,
defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision,
recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined
in any manner in this section, during the time period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The
tenn specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of
whether such lobbying activities fall within the nonnal scope of employment of such agent, attorneypfficer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and
agencies of the city that perfonn such quasi-judicial functions. The nuisance abatement board, special master hearings
and administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, ~~ 1,2,3-4-92; Ord. No. 92-2785, ~~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Everyperson required
to register shall register on fonns prepared by the clerk, pay a registration fee as specified in appendix A and
state under oath:
(I) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any ilfonnation originally filed, or any additional city commissioner or personnel who are
also sought to be lobbied shall require that the lobbyist file an amendment to the registration fonns, althoug.
no additional ree shall be required for such amendment. The lobbyist has a continuing duty to supply
infonnation and amend the fonns filed throughout the period for which the lobbying occurs.
10) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also
be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or
indirectly, a five percent or more ownership interest in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue. Such issue !hall
be described with as much detail as is practical, including but not limited to a specific description where
applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk
shall reject any registration statement not providing a description of the specific issue on which such
lobbyist has been employed to lobby.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
56
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(I) In addition to the registration fee required in subsection (a) of this sectiol\ registration of all lobbyists shall
be required prior to October I of every even-numbered year; and the fee for biennial registration shall be
as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the extent of any
business, financial, familial or professional relationship, or other relationship giving rise to an appearance
ofan impropriety, with any current city commissioner or personnel who is sought to be lobbied as identificl
on the lobbyist registration fonn filed.
(h) The registration fees required by subsections (a) and (I) of this section shall be deposited by the clerk into
a separate account and shall be expended only to cover the costs incurred in administering the provisions
of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall
waive the registration fee upon a finding of fmancial hardship, based upon a sworn statement of the
applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a
charitable organization, a neighborhood or homeowner association, a local chamber of commerce ora trade
association or trade union), without special compensation or reimbursement ror the appearance, whether
direct, indirect or contingent, to express support of or opposition to any item, shall not be required to
register with the clerk as required by this section. Copies of registration fonns shall be furnished to each
commissioner or other personnel named on the fonns.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who
only appears in his official capacity shall not be required to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before the city commission,
planning board, board of adjustment, or other board or committee and has no other communication with the
personnel defined in section 2-481, for the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express support of or oppositim to any item, shall not
be required to register as a lobbyist, including but not limited to those who are members of homeowner or
neighborhood associations. All speakers shall, however, sign up on fonns available at the public hearing.
Additionally, any person requested to appear before any city personnel, board or commission, or any person
compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master
hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or
employee of such person.
(Ord. No. 92-2777, ~~ 4, 5, 3-4-92; Ord. No. 92-2785, ~~ 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of
the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall
maintain signed sign-in logs for all noncity employeesor personnel for registration when they meet with llI)'
personnel as defmed in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists sIBil submit to the city clerk a signed statement under oath listing all
lobbying expenditures in the city for the preceding calendar year. A statementshall be filed even if there
have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and arInual basis reflecting the lobbyist registtations filed.
All logs required by this section shall be prepared in a marIner substartially similar to the logs prepared for
the state legislature pursuant to F.S. ~ 11.0045.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
57
10 All members of the city commission and all city personnel shall be diligent to ascertain whether persons
required to register pursuant to this section have complied with the requirements of this division.
Commissioners or city personnel may not knowingly pennit themselves to be lobbied by a person who is
not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city
personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in
violation of this division. The city attorney shall report the results of the investigation to the city commission.
Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut
the findings, if necessary, and submit any written material in defense to the city commission. The city
commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission
or any committee, board or personnel of the city.
(Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92)
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
58
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(I) Defmition. "Cone of silence" is hereby defmed to mean a prohibitDn on: (a) any communication regarding
a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest
("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's
professional staff including, but not limited to, the city manager and his or her staff; and (b) any
communication regarding a particular RFP, RFQ RFLl, or bid between the mayor, city commissioners, or
their respective staffs, and any member of the city'sproressional staff including, but not limited to, the city
manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to
competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city
office of community development, and communications with the city attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLl, and bid after the advertisement of sail
RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or
her designee shall provide for public notice of the cone of silence. The city manager shall include in
any public solicitation for goods and services a statement disclosing the requirements of this division.
b. The cone of silence shall tenninate a) at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFLl, or bid to the city commission;
provided, however, that if the city commission refers the manager's recommendation back to the city
manager or staff fur further review, the con. of silence shall be reimposed until such time as the
manager makes a subsequeut written recommendation, or b) in the event of contracts for less than
$10,000.00, when the city manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid confa-ences,
oral presentations before evaluation committees. contract discussions during any duly noticed public
meeting, public presentadons made to the city commissioners during any duly noticed public meeting,
contract negotiations with city staff following the award of an RFP, RFQ, RFLl, or bid by the city
commission, or communications in writing at any timewith any city employee, official or member of the
city commission, unless specifically prohibited 111 the applicable RFP, RFQ, RFLI, or bid documents. The
bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall
make copies available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defmed to mean a prohibition on: (a) any communications regarding a particuhr
RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and
the mayor, city commissioners or their respective staffs, and any member of the city's professional staff
including, but not limited to the city manager and his or her staff, and (b) any oral communication regant!g
a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and
any member of the city's professional staff including, but not limited to, the city manager and his other staff.
Notwithstanding the foregoing, the cone of silence shall not apply to communicatillls with the city attorney
and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each
RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the
time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the
public notice of the cone of silence. The cone of silence shall tenninate a) at the time the city manager
makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the
city commission; provided. however, that if the city commission refers the manager's rec..mendation back
to the city manager or staff for further review, thecone of silence shall be reimposed until such time as the
manager makes a subsequent written recommendation, or b) or in the event of contracts for less than
$10,000.00, when the city manager executes the contract.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
59
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public presentations at du~
noticed pre-bid conferences or before duly noticed evaluation committee meetings;(ii) from engaging in
contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations
with city staff following the aWlfd of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv)
from communicating in writing with any city employee or official for purposes of seeking clarification or
additional infonnation from the city or responding to the city's request for clarification or additional
illfonnation, subject to the provisions of the appicable RFP, RFQ, RFLI, or bid documents. The bidder or
proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copie
available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from
publicly addressing the city commissioners during any duly noticed public meetitg regarding action on any
audit contract. The city manager shall include in any public solicitation for auditing services a statement
disclosing the requirements of this division.
10 Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shal
subject said bidder or proposer to the same procedures set rorth in section 2-457, shall render any RFP award,
RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not
be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period
of one year. Any person who violates a provision of this division shall be prohibited from serving on a city
evaluation committee. In addition to any other penalty provided by law, violation of any provision of this
division by a city employee shall subject said employee to disciplinary action up to and including dismissal.
.<\dditionally, any person who has personal knowledge ofa violation athis division shall report such violation
to the state attorney and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, ~ I, 1-6-99)
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
60
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED
"PROCUREMENT", BY CREATING UVISION 5, ENTITLED "DEBARMENT", SECTIONS
2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION I. Miami BeachCity Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled-
"Debannent of Contractors from City Work" reading as follows:
Division 5. Debannent of contractors from City work.
Section 2-397 Purvose of debarment.
(a) The City shall solicit offers from. award contracts to. and consent to subcontractors with
responsible contractors onlv: To effectuate this police. the debannent of contractors from City
work may be undertaken.
(b) The serious nature of debannent requires that this sanction be imposed onlv when it is in
the public interest for the City's protection. and not for purooses of punishment. Debannent
shall be imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(a)Attiliates. Business concerns. organizations. lobbvists or other individuals are affiliates of
each other if. directly or indirectlv. (\) either one controls or has the power to control the other.
or (ii) a third part controls or has the power to control both. Indicia of control include. but are
not limited to. a fiduciary relation which results from the manifestation of consent by one
individual to another that the other shall act on his behalf and subiect to his control. and
consent bv the other so to act: interlocking management or ownership; identity of interests
among familv members: shared facilities and equipment: common use of emplovees: or a
business entity organized bv a debarred entity. individual. or affiliate following debannent ofa
contractor that has the same or similar management. ownership. or principal employees as the
contractor that was debarred or suspended.
(h) Civil iudgment means a iudl!lllent or finding of a civil offense bv any court of
comoetent iurisdiction.
il:J Contractor means any indiyidual or other legal entity that:
(\) Directlv or indirectly (e.g. throu~h an affiliate). submits
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
61
offers for is awarded.. or reasonably may be exoected to submit offers or be awarded a City
contract. including. but not limited to vendors. suooliers. oroviders. bidders. prooosers,
consultants. and/or design orofessionals. or
(2) Conducts business or reasonable man be expected to conduct business. with the City as
an agent.. representative or subcontractor of another contractor.
(d) Conviction means a iudgement or conviction of a criminal offense. be it a felonv or
misdemeanor. bv any court of com Detent iurisdiction. whether entered uoon a verdict ora
olea. and includes a conviction entered uoon a olea of nolo contendere
(e) Debarment rneans action taken bv the Debarment Committee to exclude a contractor
(and. in limited instances soecified in this ordinance. a bidder or oroposer from City
contracting and City aooroved subcontracting for a reasonable. soecified oeriod asorovided
in subsection (j) below: a contractor so excluded is debarred.
(j) Debarment Committee means a group of seven (7) individual members. each aooointed
bv the Mavor and individual City Commissioners. to evaluate and. if warranted. to imoose
debarment.
(g) J'>"vv"...'.,..."C" Greater weight of the evidence means vroof bv information that.
comvared with that ovvosing it .Ieads to the cone/usion that the fact at issue is more
vrobablv true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing bv
competent authority charging: a criminal offense shall be given the sarne effect as an
indictment.
(I) Legal vroceeding means any civil iudicial proceeding to which the City is a oartv or any
criminal proceeding. The term includes aooeals from such proceedings.
(j) List of debarred contractors means a list compiled. maintained and distributed bv the
Citvs Procurement Office. containing the names of contractors debarred under the
procedures of this ordinance.
Section 2-399 List Of debarred contractors.
(a) The Citv's Procurement Office. is the agenCY charfled with the imvlementation of this
ordinance shall:
(] ) Comvne and maintain a current. consolidated list (List! of all contractors debarred bv Citv
devartments. Such List shall be vublic record and shall be available for vubUc insoection and
dissemination:
(2) Periodicallv revise and distribute the List and issue suvvlements. if necessary. to all
devartments. to the Office of the Gitv Manager and to the Mavor and Gitv Commissioners: and
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
62
(3) Included in the List shall be the name and teleDhone number of the City official resDOnsible for
its maintenance and distribution.
(h) The List shall indicate:
(/) The names and addresses of all contractors debarred. in alphabetical order:
(2) The name of the deDartment that recommends initiation of the debarment action:
(3) The cause for the debarment action. as is further described herein. or other statutory or
ref!Ulatory authority:
(4) The effect of the debarment action:
(5) The termination date for each Iistinll:
(6) The contractor's certificate of comDetence or license number. when aDDlicable:
(7) The CJerson throullh whom the contractor is oualified. when aDDlicable:
(8) The name and teleDhone number of the DOint of contact in the de[)(1rtment recommendinll the
debarment action.
16> The City's Procurement Office shall:
(/ ) In accordance with internal retention Drocedures. maintain records relatinll to each
debarment;
(2) Establish Drocedures to Drovide for the effective use of the List. includinll internal
distribution thereof to ensure that deDartments do not solicit offers from. award contracts to. or
consent to subcontracts with contractors on the List; and
(3) ResDond to inouiries concerninll listed. contractors and coordinate such reSDonses with the
deDartment that recommended the action.
Section 2-400 Effect of debarment.
(a) Debarred contractors are excluded from receivinll contracts, and deDartments shall not
solicit offers from. award contracts to. or consent to subcontracts with these contractors. unless
the City Manaller determines that an emerllencv exists iustirvinll such action. and obtains
aDDroval from the Mavor and City Commission. which aDDroval shall be Iliven bv 5/7ths vote of
the City Commission at a ref!Ularlv scheduled City Commission meetinll. Debarred contractors
are also excluded from conductinll business with the City as allents. reDresentatives
subcontractors or
Dartners of other contractors.
(h) Debarred contractors are excluded from actinll as individual sureties.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
63
Section 2-401 Continuation of current contracts.
(a) Commencin!! on the efkctive date of this ordinance. all orooosed Ci/v contracts. as well as
Reauest for Prooosals (REP). Reauest for Oualifications (RFO). Reauests for Lellers of Interest
(RFLl). or bids issued be the Ci/v. shall incoroorate this ordinance and soecirv that debarment
may constitute !!rounds for termination of the contract as well as disauahtication from
consideration on any RFP. RFO. RFLl. or bid.
(b) The debarment shall take effect in accordance with the notice orovided bv the Ci/v Manafler
oursuant to subsection 2-405(h) below. exceot that if a Ci/v deoartment has contracts or
subcontracts in existence at the time the contractor was debarred. the debarment oeriod may
commence uoon the conclusion of the contract. subiectto aooroval of same be 5/7ths vote of the
Mayor and Ci/v Commission at a re'ZUlarlv scheduled meelin!!.
~ Ci/v deoartments may not renew or otherwise extend the duration of current contracts. or
consent to subcontracts with debarred contractors. unless the Ci/v Mana!!er determines that an
emer!!encv exists iustirvin!! the renewal or extension or for an aooroved extension due to delay
or time extension for reasons beyond the contractor's control. and such action is aooroved bv
5/7ths vote of the Mayor and Ci/v Commission at a re'ZUlarlv scheduled. meetinfl.
(d) No further work shall be awarded to a debarred contractor in connec/ion with a continuin!!
contract. where the work is divided into seoarate discrete f!TOUOS and the Ci/v's refusal or denial
of fUrther work under the contract will not result in a breach of such contract.
Section 2-402 Restrictions on subcontractinfl.
(a) When a debarred contractor is orooosed as a subcontractor for any subcontract subiectto
Citv aDDroval. the deDartment shall not consent to subcontracts with such contractors unless the
Citv Mana!!er determines that an emer!!encv exists iustirvin!! such consent. and the Mayor and
Citv Commission aDDroves such decision. bv 5/7ths vote. at a re'ZUlarlv scheduled meetin!!.
(b) The Ci/v shall not be resoonsible for anY increases in Droiect costs or other eXDenses incurred
bv a contractor as a result of reiection of DroDosed subcontractors Dursuantto subsection 2-
402(a) above. Drovided the subcontractor was debarred Drior to bid oDenin!! or ooeninfl of
DroDOsals. where the contract was awarded be the Ci/v Dursuantto an RFP. REO. RFLl or bid.
Section 2-403 Debarment.
(a) The Debarment Commillee may. in the Dublic interest. debar a contractor for any of the
causes listed in this ordinance. usin!! the Drocedures outlined below. The existence of a cause for
debarment. however. does not necessarily reauire that the contractor be debarred; the
seriousness of the contractor's acts or omissions and any mili!!atinfl factors should be
considered in makin!! anY debarment decision.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
64
(h) Debarment constitutes debarment of al; officers. directors. shareholders owninll or
controllinll twentv-five (25) tJercent of the stock. partners, divisions or other orllanizational
elements of the debarred contractor, unless the debarred decision is limited by its terms to
stJecific divisions. orllanizational elements or commodities. The Debarment Committee's
decision includes any existinll affiliates of the contractor. if they are (I) stJecifically named and
(ii) Iliven written notice of the tJrotJosed debarment and an otJtJortunitv to restJond. F uiuI e
uffiI"ul~J vf .fit; ,,",VTIII...(-lO, 1.11 e Jub;t;d to ,he; Dc;b"," me-IIi Cvm",;Ut:.t'J Jc,,-,,',,;vll.
<1J A contractor's debarment shall be effective throullhout Citv Government.
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil iudfmlent,
(J) For commission of a fraud or a criminal offense in connection with obtainiml. attemtJtinll
to obtain, tJerforminll. or makinfl a claim utJon a tJublic contract or subcontract. or a contract
or subcontract fUnded in whole or in tJart with tJublic funds:
(2) For violation of federal or State antitrust statutes relatinfl to the submission of offers:
(3) For commission of embezzlement, theft, forflery. bribery. falsification or destruction of
records. makinll false statements. or receivinfl stolen tJrotJertv:
(4) Which makes the Citv the tJrevailinfl tJarty in a leflal tJroceedinfl. and a court determines
that the lawsuit between the contractor and the Citv was frivolous or filed in bad faith.
(h) The Committee may debar a contractor. (and. limited instances set forth hereinbelow. a
bidder or tJrotJoser) based utJon a (:" ."un,,'., "nee the weater weiflht of the evidence, for:
(J) Violation of the terms of a Citv contract or subcontract. or a contract or subcontract
funded in whole or in tJart by Citv fUnds. such as failure to perform in accordance with the
terms of one (J) or more contracts as certified bv the Citv detJartment administerinfl the
contract: or the failure to perform. or unsatisfactorilv tJerform in accordance with the terms of
one (J) or more contracts, as certified bv an indetJendent reflistered architect. enflineer. or
fleneral contractor.
(2) Violation of a Citv ordinance or administrative order which lists debarment as a tJotential
tJenaltv.
(J) Auy utile] f,.,Clu.n.. I'rh;",,'h affta"J'J lAc;, ,toJuv"j;b;Z;/.. vt a C;tr; (.vub...",16, VI Jub'O,u,ydtn ;"
utJfv,m;"ft. CiJ.. ~Oll.
Section 2-405 Debarment procedures.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
65
(a) ReQuests for the debarment of contractors may be initiated bv a City Department or bv a citizen-at
lary;e and sluJll be made in writinf! to the Office of the City Manaf!er. Upon receipt of a reQuest for
debarment. the City Manaf!er shall transmit the reQuest to the Mayor and City Commission at a re1lUlarlv
scheduled meetinf!. The J'vlayor and City Commission shall transmit the reQuest to a person or persons who
shall be charf!ed bv the Citl! Commission with the duty of promptly investif!atinf! and preparinf! a written
report(s) concerninf! the proposed debarment. includinf! the cause and wounds for debarment. as set forth
in this ordinance.
(b) Upon completion of the aforestated written report. the City Manaf!er shall forward said reDort to the
Debarment Committee. The City's Procurement Office shall act as staff to the Debarment
Committee and. with the assistance of the Cilv ...'.vw 1",.,,1 person or Dersons which prepared the
report. Dresent evidence and ar1lUment to the Debarment Committee
~ Notice of proposal to debar. Within ten workinf! days of the Debarment Committee havinf! received
the reQuest for debarment and written report. the City's Procurement Office. on behalf of the Debarment
Committee shall issue a notice of proposed debarment advisinf! the contractor and any specifically
named affiliates. bv certified mail. return receipt requested. or personal service. containinf! the
follow in? information:
(1) That debarment is beinf! considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any
named affiliates on notice of the conduct or transaction(s) upon which it is based:
(3) That a hearinf! shall be conducted before the Debarment Committee on a date and time not less than thirtv
(30) dovs aj/er service of the notice. The notice shall a/so advise the contractor that it may be reoresented bv an
attornev, mav Dresent documentary evidence and verbal testimonv. and mav cross~examine evidence and testimonv
Dresented avainst it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed debarment. and of the
potential effect of an actual debarment.
(d) No later than seven (7) workinf! days. prior to the scheduled hearinf! date. the contractor must furnish
the City's Procurement Office a list of the defenses the contractor intends to present at the hearinf!.
If the contractor fails to submit the list.
in writing. at least seven (7) workinf! days prior to the heariny; or fails to seek
an extension of time within which to do so. the contractor shall have
waived the opportunity to be heard at the hearinf!. The Debarment
Committee has the rirdlt to want or deny an extension of time. and for
f!ood cause. may set aside the waiver to be heard at the heariny;. and its
decision may only be reviewed upon an abuse of discretion standard.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
66
fJ1) Hearsav evidence shall be admissible at the hearing but shall not form the
sole basis for initiating a debartnent procedure nor the sole basis of any
determination of debarment. The hearinl! shall be transcribed. taped or
otherwise recorded by use of a court reporter. at the election Committee
and at the expense of the City. Copies of the hearinl! tape or transcript
shall be furnished at the expense and reQuest of the reQuestinl! party.
(f) Debarment Committee's decision. In actions based upon a conviction or
iudl!ment. or in which there is no I!enuine dispute over material facts.
the Debarmerment Committee shall make a decision on the basis of all
the undisputed. material information in the administrative record.
including any undisputed. material submissions made bv the contractor.
Where actions are based on disputed evidence. the Debarment
Committee shall decide what weil!ht to attach to evidence of record.
iudl!e the credibility of witnesses. and base its decision on the
TJ/ep"llu'."u,,~e I!/'eater weil!ht of the evidence standard. The Debarment
Committee shall be the sole trier of fact. The Committee's decision shall
be made within ten (J OJ workinl! days after conclusion of the hearing.
unless the Debarment Committee extends this period for I!ood cause.
(g) The Committee's decision shall be in writinl! and shall include the
Committee's factual findinl!s. the principal causes of debarment as
enumerated in this ordinance. identification of the contractor and all
named affiliate: affected by the decision. and the specific term.
includinl! duration, of the debarment imposed.
(hI Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the City
Manager shall give the contractor and any named affiliates involved
written notice by certified mail, return receipt reQuested. or hand
delivery. within ten (] 0) workinl! days of the decision. specifyinl! the
reasons for debarment and includinr: a copy of the Committee's written
decision: statinl! the period of debarment, inc/udinl!. effective dates: and
advising that the debarment is effective throul!hout the City departments.
(2) If debarment is not imposed. the City Manal!er shall notify the contractor and any named
affiliates i",oh.": .by certified mail. return receipt requested. or personal service. within
ten (f0) workinr: davs of the decision.
(lJ All decisions of the Debarment Committee shall be final and shall be effective on the date the
notice is simed by the City Manal!er. Decisions of the Debarment Committee are subiect
to review by the Appellate Division of the Circuit Court. A debarred contractor mav seek
a stav of the debarment decision in accordance with the Florida Rules of Appellate
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
67
Procedure.
Section 2-406 Period of debarment.
(a) The oeriod of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
causers). and where aoolicable. within the fJUidelines set forth below. but in no event
shall exceed five (5) vears.
(b) The followin~ f!Uidelines in the period of debarment shall aooly exceot where mitif!Qtin~ or
aflf!7'avatinf! circumstances iustify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1): five (5) years
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) veers.
(3) For commission of an offense as described in subsection 2404(a)(3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5)
Years.
(5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5)
years.
<lJ The Debarment Committee may. in its sole discretion. reduce the period of debarment. uoon the
contractor's written reQuest. for reasons such as:
(J) Newly discovered material evidence:
(2) Reversal of the conviction or civil iudf!ment uoon which the debarment was based:
(3) Bona fide chanf!e in ownershio or manaf!ement:
(4)Elimination of other causes for which the debarment was imoosed: or
(5) Other reasons the Debarment Committee deems aoprooriate.
(d) The deb...,m~"tdebarred contractor's written reauest shall contain the reasons for
requestinf! a reduction in the debarment oeriod. The City's Procurement Office. with the
assi:;tance of the affected devartment shall have thirtv (30) days from receim of such reQuest
to submit written reSDonse thereto. Tht;. w't;",;jiv1I v{ [;,r;; Dt:.bwllln:.llt COmu,;i[t;c; , t~UI db'J; a
. , d .,. h .' . Ii " , hi
1 eLlur;;J, IIfWWC;; "" c;;f Ifll.) JU JC;:;"'UVtl ,.1 I 'noli lAlla "O,,-WUUf;;,WI,W 11;;.
BID NO: 118-99/00
DATE: 08/4/00
CITY OF MIAMI BEACH
68
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article." or other appropriate word.
SECT/ON 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day ofMarch,2000.
PASSED and ADOPTED this 23rd day ofFebruary,2000.
BID NO: 118-99/00
DATE: 0814/00
CITY OF MIAMI BEACH
69