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MBCC & Jackie Gleason Bid City of Miami Beach - City Clerk's Office July 18,2001 \ REGULAR AGENDA \ R2 - Competitive Bid Reports R2A Commission Memorandum No. 468-01 Request for Approval to Award a Contract to Carivon Construction Co., in the Amount of $529,000, Pursuant to Bid No. 35-00/01, for the Paintinl!: and Waterproofinl!: the Miami Beach Convention Center and the Jackie Gleason Theater of the Performing Arts (TOPA). (Convention Center) ACTION: Award approved. Motion made by Commissioner Garcia; seconded by Vice-Mayor Bower; Voice vote: 7-0. Christina Cuervo to handle. Prepared by the City Clerk's Office Date Printed: 8/08/01 Time Printed: 3:11:43 PM Source Database: F:\CLER\COMMON\FOLIO\CLERK119.NFO .' , \ INVITATION TO BID PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS BID No. 35-00/01 BID OPENING: June 22, 2001 AT 3:00 PM A PRE-BID CONFERENCE IS SCHEDULED FOR 11:00 A.M. ON JUNE 5,2001 AT TIlE FOLLOWING ADDRESS: ..., MIAMI BEACH CONVENTION CENTER FOURTH FLOOR EXECUTIVE OFFICE 1901 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY CLERK CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 - http:\\ci.miamt-beach.fI.us PROCUREMENT DIVISION CITY OF MIAMI BEACH INVITATION TO BID NO. 3S-OO/Ol NOTICE TO CONTRACfORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, 1ll1Ii13:00 pm. on the 22nd day of June, 2001 for: PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS Scope of Work: The wOIk specified in this bid consists of finnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the painting and waterproofing of the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts. Minimum Requirements: Prospective Bidder (General Contractor) must have minimwn of 5 years experience in providing similar type/size scope of work as indicated in the Technical Specifications. The General Contractor's Subcontractor (painting contractors) must also have a minimwn of five (5) years experience in providing similar type/size scope of wOIk as indicated in the Technical Specifications. Contract will be awarded to a General Contractor with the required license(s) to pull the permit and complete the entire scope of the work. 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 bidlproposal before the stated time and date is solely and strictly the respoDS1bility of the bidderlproposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference/Site Inspection has been scheduled for 11:00 a.m. on Tuesday June 5, 2001, at the Miami Beach Convention Center, 4th Floor Executive Office, located at 1901 Convention Center Drive, Miami Beach, FL 33139. Although this is a non-mandatory pre bid, it is higblyencouraged for Contractors to attend this pre-bid to have a full understanding of the scope of the work. A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Perfonnance and Payment Bonds, each in the amount of one-hundred (100"10) percent of the annual 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 #353. Any questions or c1arifications concerning this Invitation to Bid sbaI1 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/nwnber shaI1 be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the fonn of an addendum. NO QUESTIONS WllL BE RECEIVED VERBALLY OR AFI'ER SAID DEADLINE. The City of Miami Beach reserves the right to accept any pr<lIJ05lll or bid deemed to be in the best interest of the City of Miami Beach, or waive any infonnality in any ptqlOS3l or bid The City of Miami Beach may reject any and all proposals or bids. -- CI1Y OF MIAMI BEACH YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECI' TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164. A COPY OF ALL WRlTIEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CI1Y CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECI' TO THE "CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH RESOLUfION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECI' TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. ~/ I ,~- ..- f. Gus Lopez, CPPO Procurement Director " CITY OF MIAMI BEACH CITY HAll 1700 CONVENTION CENTER IlRlVe MIAMI BEACH. FLORIDA 33139 hllp:\\cI.rnllrnl-beoch.ft.ul COMMISSION MEMORANDUM NO. '{fit: -01 TO: Mayor Neiscn O. Kudln and Memben of the City Commission Jorge M. Gonzalez \ ~ City Manager O' U Request for Approval to Award a Contract to Carlvon Construction Co., in the Amount of 5529,000, Punuant to Bid No. 3~0101 for the Painting and Waterproofing the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (fOP A). DATE: July 18, 2001 FROM: SUBJECf: ADMINISTRATION RECOMMENDATION Approve the award. BID AMOUNT AND FUNDING $364,000 Funding is available from the Miami Beach Convention Center Capital Account No. 441.2213.069358. $165,000 Funding is available from the Jackie Gleason Theater Capital Account No. 441.2252.069358. S529,000 NOTE: Funds in the amount of S6OO,ooo were originally appropriated for the Convention Center in FY99-OO and 5165,000 appropriated in FY98-99 for the Theater. Per the City Commission request for ba1ance updates to be presented with Convention Center capital project requests, current preliminAry figures through June 30, 2001 show $14,729,469 disbursed, with an additional $2,752,794 encumbered for projects in progress. The total funding available was $35,000,000 with $10,000,000 pledged for interest generation to fund the Cultural Arts Council. ANALYSIS This bid was approved by the committee previous to the Oversight Capital projects committee, the Tourism and Convention Center Expansion Authority (TCCEA). The Capital Projects Oversight Committee reviewed this purchase at its April 24 meeting, and approved moving the project forward. ROVAL AGENDA ITEM _R aF\ DATE~ Budget 597 \ Bid No. 35-00101 Pille Two July 18, 2001 ANALYSIS (Continued) This work consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the painting and waterproofing of the Miami Beach Convention Center and Jackie Gleason Theater of the Perfonning Arts. This bid and the recommendation for award include the Base Bid, and the Add Alternate #1, which requires the contractor to provide elec1rostatic painting of interior and exterior pre-finished window frames in lieu of painting them by brush and roIler. The contractor will be substantially completed with the work within one-hundred-tifty (150) calendar days, and the entire work will be completed within one-hundred-eighty (180) calendar days after the issuance of the notice to proceed. The contractor will provide Performance and Payment Bonds each in the amount of one-hundred (100"10) percent of the contract price. Upon completion and acceptance of the entire project, the Contractor wiIl provide at a minimum, a non pro-rated seven (7) year warranty on the stucco acrylic paint The Warranty will allll provide a minimum of seven (7) years of quality service and workmanship from the date of project acceptance, for protection against peeling, blistering, cracking or other deterioration of the surface caused by defects in the paint system. Invitation to Bid No. 35-00/01 was issued on May 24, 2001, with an opening date of June 22, 200l. A non-mandatory pre-bid conference and site inspection was held June ~ 2001. DemandStar.com issued bid notices to two-thousand-four-hundred-forty (2440) prospective bidders, resulting in thirty- one (31) vendors requesting bid packages, which resulted in the receipt of twelve (I 2) bids, eight of which were responsive. The two lowest bids, received from Coast to Coast General Contractors, Inc. and Bi-Tech Construction, Inc are non-responsive, based on both contractor's failure to meet the minimum requirement oftive (5) years experience as a General Contractor. (2 and 3 years respectively) Carlvon Construction Co. submitted the next lowest bid at $529,000. References have been checked for this Contractor through RatingSource and Dun & Bradstreet along with their proposed painting sub-contractor, JAG Painting, both come highly recommended. Carlvon Construction Co. has been in business ten years as a General Contractor and JAG Painting has been in bmriness for eleven years" Pursuant to the reference check, the information provided, indicates that both contractors provide quality work and complete all jobs within the required completion dates. Based on this analysis, the City recommends that the contract be awarded to the lowest responsive, responsible bidder, Carivon Construction Co. 598 ., Bid No. 35-00101 Page Three July 18, 2001 BID TABULATION Item Description . Coast to Coast Bi- Tech Const. Carlvon Weiss- Woolrich . . Construction A Base Bid $389.500.00 5463,148.00 $494,000.00 $526,000.00 B Add Alternate $79,450.00 $35,000.00 $35,000.00 $50,000.00 GRAND TOTAL 5468,950.00 $498,148.00 $529,000.00 $576,000.00 Item Description JCI Vera Builders Diversified Const. MCO International Enterprises Environmental .. A Base Bid $579,068.00 $789,440.00 $838,680.00 $790,690.00 B Add Alternate $12,000.00 $16,600.00 Non-Responsive $189,700 GRAND TOTAL $591,068.00 $806,040.00 $838,680.00 $980,390.00 Item Description Continental Sanchez- Worth Molen Gray Painting Arango Contracting ... A Base Bid $919,400.00 $824,880.00 $1,204,794.00 $1,099,663.00 B Add Alternate $80,600.00 $275,000.00 $24,000.00 $205,000.00 GRAND TOTAL $1,000,000.00 51,099,880.00 $1,228.794.00 $1,304,663.00 · Non-responsive: Does not meet the Minimum Requirement of 5 years experience as a G.C. .. Non-responsive: Failed to submit a bid for Add Alternate I. ... Non-responsive: Failed to submit the required Bid Bond. JMG/~at:G~ \\CH2\VOL 1 \PURC\SALL\JOHN\COMM\35-OOO1.doc 599 .\ 80Dd No. QfM ANERIG\N INSURANCE COMA\NY OHIO CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents arc reproduced. BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we Carivon Construction Company as Principal. hereinafter called the Principal. and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street. Cincinnati. Ohio 45202. as Surety, hereinafter called lhe City of Miami Beach, Florida Surely, are held firmly bound unto as Obligee, hereinafler called the Obligee. . h f Five Percent (5%) of the Amount Bid------------------- In t e sum 0 OoBars (S 5%------------j, for the payment of which sum weiland truly to be made, and the said Principal and Ihe said Surety, bind ourselves, our heirs, executors, administrators. successors and assigns, jointly and severally. firmly by these presents_ --..---. WHEREAS. the Principal hassubmilled a bid for Painting and Waterproofing the Miami Beach Convention Center and Jackie Gleason Theater of Performing Arts; #35-00/01 NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enler inlO a Contracl with the Obligee in accordance with the terms of such bid, and give such bond or bonds a~ may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for Ihe prompt payment of labor and material furnished in the prosecution Ihereof, or in Ihe event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay 10 the Obligee the difference not to exceed the penalty hereof between the amount specified in said bie! and such larger amount for which the Obligee may in good faith conlract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in fun force and effect. . Signed and sealed this 29th day of ~ ~,l "'eAt{~~~ANY (Seal) (PriII.l} ... ._5,~.~. co (Seal) BY MI Florid :; ~y-i7I-F4Ct) an Resident Agent; GIMT ~ IfJ5llRWCE ~ 1180 WALNUT STREET. ClNCINNAn. OHIO 411202 .1I13.389-lIOOO. FAX 1113-723.2740 POWER OF AnORNEY 1lIe Dumber of penn.. authorized by tbia poM!' of Iltomcy iI Dot mOR IIw1 one No. 016997 ItNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a COrporatiOD orpDizlod ..... emtiq WICIor..... by virtue of the laws of the Stale of Ohio. d.... hereby nominate, coestilute .....appoinl tbe penon or penDns named below ill trUe .....lawful altnrney-in-flCt, for it..... in ill name, ploce..... stead 10 execute in behalf ofthellid Company. IS sumy, any..... all bonds. UDdertaItinp ..... contracts of SURlysbip. or other written obli.llions in the nature lbereof; for all oblipes includin. any ..... all consenll required by the Depanment of Transponation, Slate of Florida, incident to the rele... of Rlained percenbpS andl or Cm" estimates; provided Ibatlbe liability of the said Company on any such bond, undertaking or contract of suretyship executed under tbia autborily shall nOlexceed the limilstaled below. Name Michael Bonet Add..... Miami, Florida Limil of Power Unlimited ThiI POM!' of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-Cact named above. IN WITNESS WHEREOF lbe GREAT AMERICAN INSURANCE COMPANY has caused these p.....nts to be signed and attested by ill appropriate offlcen and ilS corporate seal hereunto aft"llIed this 30th day of N:Jvenber , 2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - II: On this 30th day of November, 2000 , before me penonally appeared DOUGLAS R. BOWEN, 10 me known. being duly sworn, deposes and says that he resided in Cincinnati, Ohio. that he is the Vice President of the Bond Division of Great American Insurance Company. tbe Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Law. of said Company. and thaI he signed his name therelo by like aUlhorilY. ThiI Power of Attorney is granted by authority of the following resolutions adopted by tbe Board of Directon of Great American IDlUranee Company by unanimous written consent dated March I. 1993. RESOL VED: naltbe DivWon Prelidenr, tbe several Division Vice Presidents and AssLsWJt Vice Presidents, or any ODe of tbem, be and bereby is authoriz<<!, from time to time, to appoint one ormore Atromeys-fo-Faa to execute on bebalf oftbe Company, as surery, any and all bonds, uaderukiDlJIS and contracts of suretysJUp. or orher wrirren obligations in tbe nature thereof; to prescribe tbeir respecrive dUlies and tbe respective limits of their authority; and to revoke any sucb appointmt:nl ar any time. RESOL VED FUR THER: That the Compey seal and the sipature of any of rbe aforesaid off=rr and any Secrerary or Assisrant Secrervy of the Compey may be aJrued by facsimile to any power of atromey or a:rtif'JCIIle of either given for the execution of any boDd, UDderukiDg, cootracr or surerysJUp. or other ...nlten obligation in the nature lbereof. sucb signature and sul wben so US<<l being hereby adopted by the Compeyas the original signJJrure of sucb off=r and the original sul-of the Compey, to be valid and biDding upon the Company with the same folCe and efTecr as though manlWly aJrvced. COTInCATlON I. RONALD C. HAYES, Auistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney ..... the Resolutions of tbe Board of Directon of March I. 1993 have not been revoked and ue now in full fon:e and effect. Siped..... sea1ed this 29th day of May , 2001 SIIS1C (11/97) (FLORIDA) . . \ BID No. 35-00/01 BID PROPOSAL FOR PA1NTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS PROPOSAL PAGE 1 OF 5 PROPOSAL OF C.?'<'\~()'t\ C' .o(\s\R.AC' ~CY\ Qc. (Name) \ 'Z.. ,\ \ ~L...L) \ "6\ t\. ~ \-\ \ 'liYI \ (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the PA1NTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF mE PERFORMING ARTS and more particularly set forth here;n SUBMIITED ~ ~""L 200\ ,- TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the Wldersigned, hereby declare that no person or persons, firm or corporation other than the Wldersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Wotk and the sources of supply and materials, and we hereby agree to fiunish all implements, machinery, equipm:nl, 1ransporlaIion, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the WOIk, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary wOIk in accordance with the Plans and the attached Specifications, and the requirements WIder them of the Engineer within the time limit specified in this ProposaI for the foUowing unit prices to-wit: BID NO: 35-00/0t DATE: 05/13/0t CITY OF MIAMI BEACH 4 \ BID No. 35-00101 BID PROPOSAL FOR PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS PROPOSAL PAGE :1 OF 5 AD bid items shall include OOSIS roc furnishing to the City all mataiaI, ~JI, and supplies and roc all aJSt incwred in completing the work, including installation of all materia1s, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in wlXk a."ld testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The Contractor shall be Substantially Completed with the Work within one-hundred fifty (ISO) calendar days after the date when the Contract Time commences to nm as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one-hundred eighty (ISO) calendar days after the date when the Contract Time commences to run. Provide all labor, equipment, material, and supervision necessary to perform the full extent of the wOIk as described herein: Base Bid: $ #9'1, 000.00 . Fov.( II-t/NIJrIlEJ> N/".JE:Ty reoc/~ TkovSANl> J)oU.4.eS Written Amount ADD ALTERNATE #1 Provide Electrostatic painting of interior and exterior pre-finished window frames in lieu of painting by brush and roller. Add: $ 39.1 000.00 -rA,'.q, rY h've. 7J, Oc.l,S,4A/z> t:>o{L~.s Written Amount Total Bid: $ 52..<1,000.00 , (Base Bid and Alternate #1) P"VE. IIVAlJJrleeb . iWUIIT)/ ~ JIIJ~ Written Amount ~oVSANO ~LM.S BID NO: 35-00/01 DATE: OS/23/01 CITY OF MIAMI BEACH 5 , BID No. 35-00101 BID PROPOSAL FOR PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS PROPOSAL PAGE 3 OF 5 ADDENDUM No. ADDENDUM ACKNOWLEDGMENT DATED SIGNATURE OF PERSON SIGNING BID No. Bidder accepIS all of the tenns and conditions of the Bidding Documents, including without 1imitation 1hose 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 Docwnents, the Notice to Contrnctors, the Proposal Requirement~ and Conditions, and the following Addenda (receipt of all which is hereby acknowledged): b. Bidder has familiarized itself with the nature and extent of the ConlIact Docmnents, WOIk 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 drnwings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d. Bidder has obtained and carefully studied (or assumes responsibility for obIaining 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 oost, progress, perfOllll3nce or tinnishing of the WOIk at the Contract Price, within the ConIIact Time and in accordance with the other tenns and conditions of the Conttact Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, exp1ornt:ions, tests, reports or similar information or data are or will be required by Bidder for such purposes. BID NO: 3~101 DATE: OS/23/01 CITY OF MIAMI BEACH 6 ..., BID No. 35-00II1 BID PROPOSAL FOR PAINTING AND W ATERPROOFlNG THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS PROPOSAL PAGE40F5 e. Bidder has reviewed and checked all information and data shown or indicated in the Contract Documents with respect to exisIing Underground FaciIiIies at or contiguous to the site and as<J"""" responsibility for the accurate 1ocalion of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said UndergrowxI Facilities are or will be required by Bidder in onIer 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 ofParagrnph 4.3 of the General Conditions. f. Bidder has oon:eIated the resuIts of all such obsetvatioos, 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. ernxs or discrepancies that it has discovered in the Contract Documents and the written resolution thereofby City is acceptable to Bidder. FIRM'S NAME (Print or Type):Q{\ (""\-.!(""){\ ~~ C-tJ. ~( . \<'C'<c,-;:X:.\C~( C"L'~"'\","',,>< ~ \..,~~~ ~......<- \C.........;'.. c.'- ~\v..,c",\ SIGNATURE: .A ./ TITLEIP~TEDNAME: \\iQy,\{\{\ \--t ~"o(Y-l' \=t-es , / ADDRESS: \2 \\ \ ~ \~, ~-P. \--\,c.(Y'\'. ~ \ , . TELEPHONE NUMBER: ~- Z--:J.2..oem{ FAX: ,~~-7:2;) ~02B BID NO: 35-00/0t DATE: OS/2l/0t CITY OF MIAMI BEA<lI 7 '. \ '\ BID No. 35-OtJt1 BID PROPOSAL FOR PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS PROPOSAL PAGE 5 OF 5 The IDldersigned further agrees to perl'onn all necessary "Extra Work", as provided for in the GeneraJ and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date on which the Notice of Award has been given. The undersigned further agrees to conunence worlc under this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and to Substantially Complete the Wode and to fully and Finally Complete the Work with the Contract Time period as stipulated in the Agreement. The W1dersigned 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 substantia Oy completed, and for each consecutive caIendar day that passes after the Contract Final Completion date that the Worlc is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to finnish sufficient and satisfactory bond in the sum of not less than (100%) one-hundred percent of the contract price of the worle. The IDldersigned further agrees to bear full cost of maintaining all work 1Dlti1 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 S\D1l of - -=- \'-.\Q ~'C.~'"' '\ Dollars $ 60/0 Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attached Conttact W1der the conditions of this Proposal; otherwise, said Bid Bond is to be returned to the. undersigned ~ the .~deIiV of Satisfactory rt.nd. Signature & Title /. .~-\- c____ Address \Z- \\ \ "-L0 \ ~ \ ~, \.--\C-N'\\ ~ \ ~?\'t:.4' TelephoneNumber ~ 2~7_-a.o'Z..q BID NO: 35-00101 DATE: 05/13/01 CITY OF MIAMI &EACB 8 " ~ CONTRACI'OR'S OUESTIONNAIRE N01E: Information supplied In response to this questionnalre is subject to verification. lna<<w.de or iIKompIete answers may be grounds for disquallflcation from all'lU'd of this bid. Submitkd to The Mayoc~~~.ofthe ~~ Florida: By (' ,';\('\~ ~LJ. m Principal Office \.2.\1 \ f-i.;:) \?-l\ ~ \.-\pm\ ,'Y\ .3=?\8L.P How many years bas your organization been in business as a General Contractor WIder your present business name? \D Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? ~S ~. State of Florida occupational license - state type and number: ~ ~-:>,~., Dade COWlty certificate of competency - state type and number: .,) <Ie} g4/- g City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work bas your organization had? (A) As a General Contractor \0 (8) As a Sub-Contractor 3 (C) What contracts bas your organization completed? Contract Amt Class of Work When COIIlllleted Name/Address of Owner ~ ?~AI~ \,-,\- Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? <'D If so, where and why? Ha~ any officer or partner of your organization ever fiIiled to complete a constroction contract handled in his own name? '("0 BID Nt): 35-00/01 DATE: OS/23/01 CI'\Y OF MIAMI HEArn 9 \ , If so, state name of individual, name of owner, and reason thereof In what other lines ofbu.siness are you financially interested or engaged? ~ Give references as to experience, ability ~ and financial standing ~Q 2'~~ h~ t',C' '\:ID~<':\5 What equipment do you own that is available for the proposed wOIk and where located? ~C:~...\; -l~?-,p~~ What Bank or Banks have you anan~ do business with during the course of the Contract should it be awarded to you? .ere?<"\. <'\\.~ f I~""::>\ 'CC"c. 'I(oly-,~ C' \.---'" C, <V"\.. -r \ I Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. 'fJOfS /...:)LJ.) ~..,~_ - 330\~ d4cO DW z.c, ~ ~ - \d, L... I HEREBY CERTIFY that the above answers are true and correct. ~ Jj '/f~. f1w ~~-/' U_es (SEAL) (SEAL) BID NO: 35-00/01 DATE:OSf23fOl Cl1Y OF MIAMI BEACH JO \ " 'It" PAINTING AND WATERPROOFING THE MlAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS CUSTOMER REFERENCE LISI1NG Prospective Bidder ~ ~ and Subcontractor (Painting Contractors) must submit references that indicate that tbey~~~ DIIIIII11U1D of five (5) yt'MS experience in providing similar typeisize 5Cqle of work as indicated in the Technical Specifications. Contractor's shall furnish the names, addresses, and telephone nmnbers of a minimum of four (4) firms or government organi2aIions for which the ConlIactor is currently furnishing or has furnished, similar services. I) CompanyName ~ ~Yn--,\ ~C'.A 0\ ~6---\ Address \4~ L)~_ 7 (\c! !\-..p -' \--\'?>f'Y"I\' Contact Person \--\c . ~\ ~ ~ (\ \<.. ~ Telephone Number ,:>Y-D -OA,::,:> Ai41 Telephone Number ~- q::y 2..-<:::>\ ::, ex- 3) CompanyName b~ ('rL\\\-\""1 i\u....~:Y\ ~-\. Address ~D,Cr-))( ~7f)1~ ~,Y"'I\ ,~\ . . Contact Person \-\<". \l-x-be~) 'V-c--c\, 1C1~-~'-- Telephone Number CCb - cac....H - \"2- 5S?- 4) Company Name l)<::l.., 0...cx 9 '-'":~ ~~("" Address ~~_>J AQ..~ ~\ Contact Person \.-A. ~, i.\Qo;~^ ~ ~,O(\~ TelephoneNumber ~- 2-.e;,"8;-c"aS' BID NO: 3~/01 ClIY OF MIAMI BEAOf DATE: OS/23/01 11 , , ~"_l._Dl Dl,lgp ".08 '''1N'l'L''iIG A~DWATDr....o.~ Uti MIAMI BUC'II COI'iVDl1"lOlC ~ AN\) JACk'!: Gl ~ nlL\1'IIt CW TIlE PUIfOIIMJNG ARTS C"'.I~ RIP'lIlENCE l.all.'lf(l i'll ~ nlvt~(o.e..JC~Illd~~=_lIWIniln..~ dGIlndio:1l1: _!Ny 111M I minillUft of Iiw (S))'QII QIlIriea . sianiIlI' ~Q ICllpI: J w<lIIt .. iDJi, . I in the Tochaial ~. 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(;..~Si:'~:'}L':..; ;;' , \ t , '. . ~.~f: f- ,', 1 '-11 .:. '.';" ;'} '"..11 '.')1 .. ;.,1 .~', ~ '..\ I :. ~}.:_... .:. " I 1.}.;..I,:rt'f':->:4-'::'-';t~;t ',\ 1;p " ''I ~.~RST.Q.ASS 'U.s. POSTAGE PAID MIAMI, FL I' PERMIT NO. 231 i I 1;_" ;.1..";::1'.1:,,' 237801-6' IU8lIIElIIIWE I LOCo'lIIOH CARlYON 'CONSTRUCTION 'CO 12171"1SW 131' AYE 33186'UNIN DADE'COUNTY: RENEWAL ~MO. 249841-8 STATE 1C6C046337 OWNER CARlYON CONSTRUCTION __~oI_ 196 GENERAL 'BUILDING 'MI._~ =..r~"~ . VICM.AfI lIMY IXII'nNG ........ GO _ UIII 01 ,.. COUN1'Y OR cnwL JIOIIl DOU IT - ". ...- ...."".,cn.-.~ o".......,~ft LAW. ,,",. NOT A cmm- ......... .. ". ..................... -- CO WORKERS 2 DO NOT FORWARD CARIVON CONSTRUCTION CO 12171 SW 131 AVE "Ill'll FL33186 ..- ........ .111'_ O~COUNTYfAX COUICfOI' , 09/28/2000 05832"01 00 015eOO ~P!HER SIDE 1..11,..11""111"1..11",11,,,1,,1,1,1,,,11,1,,11,..11,,11,1 ----.--.- ~------...--'--- ~. - ------.---.-.'-r-. ~ MU~;~;..OAI.JE ".t"JI.JI'ITY . i' I/j' ff~~- :~--... ~.~ -- , JUILDING CODE,CONf'L1ANCE OFFICE ~'':'~.''''?;''' '.14::1 W. FL AGUR STe, SUITE 1b02" . 'v'i':i!J:!Jj ". -- MIAMI, FL 33130 NOV " ~ :0:: :: DOS) 37S-i!;;21 c) J 2oooi/i I e~ ..D ST~T: CaNT~ACTOR'5 CERTIFICATE QF VOLUNTARY nlr~ ~IAp.I-nAD~ COUNTY ISSUED NOVEM3ER '''I S IS TO CE~TIFY THAT CARIVON CONSTRUCTION CO ,; T:. i:; C '- TI F lED LI(~NSE. -NOol CC;C046.Hl f'j<AOE ilUIlOING ,EGISTHTlCt~ EXPIRA'rION DATE: Oa/31/io02 > , , ",.. " .. , .: " .. , . ~avI~G MET THE VOLU~TARY REGISTRATION REQUIREMENTS OF MIAMI-nIOE CDU~TY, IS P.EGISTE~ED AS I CONTRACTOR IN THE FOLlU~ING CATEGORYCS): :004 SENERAL .(STATE} .' .: '" ." e" ." .' o ',..j.-, , "',>~~..~" ,~ " y~.,' "'::'''>~~'~ .~.i/.., '_d. . .;,.."..,~.:~_, ...-.:..;,,_0-::." ~.-' ...- . .. ' . "-> " :~'~":'0::~rjr: ".;;~- ",:. . ";~;;' ~'" \";-4fi.:';~~' ::..~. ,.0 '. .' . ' .,. 0 , ":l:: ."~.~".-' --..,,- oe :: . . . ". ., :. ,.,rr>< ALL T..:: ioi::'Ri<. Ta Be [)O'~E uND::R THE SUi'E~VISL'llj, DIRrCTION /AND CQNT~OL DF .:'JALtFYIN;; ~'GE'I.T HE;WANDEZ CA~LOS SoSeN~ 203'-25-9399 . ,._.___.. . q_ .F'- -- ..-.....-..., .- C"OIVONCC1'ISTRUCT10N 'CO' 1H71 SW 131 AVE HIAMI "FL 331ab ; ", ,". ~" .. FRANCI SC~ J. QUINTANA, R. A. SECRETARY, CCNsi TRADES ~UAL BOARD ~LTERATION. DEPROJUCTION OR TRAHSF~R OF THIS CERTIFICATE IS PROHldITEDe ~EE FJR T~IS CERTIFICATE WAS PAID O~ rROCESS NO. T1999155796 e' .' .' ~ 17 '" 10.: . ,;.~r. - -.:.:~- ~ -\., 8 8 8 8 ~ ll! ~ ~ .. iii fI)' ~ :;; N :: I N' -\, " AGREEMENT THIS AGREEMENT made this / gtL day of S u L L20 01. A.D. between the CITY OF MIAMI BEACH, a Florida nnmicipal COIpOliltioo, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and ~Ml\)Of\l Ct>NS~U.lXWN Co t hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSEm that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated" PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS" 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 W OIk 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 Docwnents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby refem:d to and made a part of this Agreement and the teIrns and conditions set forth therein, except when in direct conflict with this written ConlIact, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and worlananlike manner the materia1s herein refem:d to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within one-hundred fifty (150) calendar days after the date when the Contract Time commences to nm as provided in parngraph 2.3 of the General Conditions, and completed and ready for fina1 payment in accordance with paragraph 14.13 of the General Conditions within one- hundred eighty (180) calendar days after the date when the Contract Time commences to run. BID NO: 35-00/01 DATE: 05/13/01 COY OF MIAMI BEACH 11 '. 3.2 Damages - City and Contractor recognize that the City will su.ffec direct financial loss if W OIk is not completed within the Contract times specified in paragraph 3.J above (or alternate bid item No.1, if awarded by City) plus any extensions thereof a1lowed in accordance with Article 12 of the General ConditioDS. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actua1 loss suffered by Owner if the W OIk is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agllles to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred DoUan (5200.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Subs1antia1 Completion if Contractor shall neglect, refuse, or fail to complete the remaining W OIk within the Contract Time, Contractor shall pay Owner Two Hundred DoUan (5200.00) 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 Ownei' s expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall fimrish a1l 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 a1l reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by a1lowing Contractor to continue with said construction after the time fee its completion herein before stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Perfunnance and Labor and Material Payment Bond, each in the amount of tOO percent of Contract Amount, in the fonn as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. BID NO: 35-00/01 DATE: 05/13/01 COY OF M1AMI BEACH 13 \ 8. The ContIactor sball file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents sball be executed satisfactorily to said City and \IIItiI Bonds and Insunmce Certificates have been filed and approved, this Contract Agreement sball not be effective. 10. Owner sball pay Contractor for perfonnance of the Work in accordance with the Contract Docwnents in cwrent funds at the Iwnp swn or writ prices presented in the Bid Proposal, aIlached to this Agreement The parties expressly agree that the Contract Price is a stipulated swn except with regard to the items in the Bid which are subject to writ prices. Contract Price: $ Sz..&:[ , 000, 00 . II. The Contract Docwnents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Docwnents may only be amended, modified or supplemented as provided in the Genernl Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. O(})U ~ ;pt?Jn.4 t:&) Contta CITY OF BEACH BYJdfc./.. /L/i .I - (Au 0 Corporate Officer) By Mayor ~d/d . Title ATTEST: ~f~ city Oerk BID NO: 35-00/01 DATE: OS/23/01 CITY OF M1AMI BEACH 14 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION . '. PERFORMANCE BOND (lltis bond meets and exceeds the requirements of Florida Statutes Section 255.05) " '.' STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, Cari von Construction Company as Principal, hereinafter called Contractor. and Great American Insurance Co lL, Surety, are fumlybound Wlto the City of Miami Beach. Florida, as Obligee. hereinafter called the City, in the Penal swn of Five Hundred* DoUars ($ 529 , 000 . <t for the payment of which sum well and truly to be made, we bind o=lves. our heir.;, executors, adminislr.ltOffi, successors and assigns. jointly and severally. fumly by these presents. *Twenty Nine Thousand and 00/100----------------- WHEREAS. Contractor, on the _ day of . 20_. entered into a certain contract with the City, hereto attaehed, for BID NO. 35-00101, Entitled, "PAlNTlNG AND WATERPROOFING THE MlAMl BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS" which Contract is made a part hercofby reference thereto. NOW, THEREFORE, THE CONDmON OF nus OBLIGATION IS SUCH, tha~ if the Contractor shall_~e!llIlld truly perform and fulfill all the Wldertakiiigs, covenants, lerrns, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made. notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contrac~ or whenever the Contract has been terminated by default of the Contractor, the City having perfonned the City's obligations thereunder, the Surety shall: 1 Complete the ('.onlmet in accordance with its terms and conditions. or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, ammge for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragmph) sufficient funds to pay the cost of completion less the balance of the Conlr3f;t price; hut nol ex.........!ing including other COb1s and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contrnrt price" as used in this paragraph. shall mean the tollI! amount payable by the City to the Contractor under the Contrnct and any amendments thereto. less the amount properly paid by the City to the Contractor. BID NO: 35.00/01 DA l'E: OS/23/0 I CITY OF M1AM1IlEACH 15 . No right of action shall accrue on this Bond 10 or for the use of any person or corporation oIhcr than the City named herein or the successor,; or assignees thereof. The Surety shall and does hereby agree 10 indemnify the City and hold it harmless of. from and against any and all liability, loss. cost, damage or expense, including reasonable attorneys fees, engineering and architectura1 fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligeru;e, defuult, act and/or omission on the part of the Conlr3cta, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Consnuction of the work and perfonnance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after Ihe date of acceptance of the project by the City as are provided for in the Contract Documents, and Ihe Contractor hereby guarantees 10 repair or replace for the said periods all worlc perfOrmed and materials and equipment furnished, which were not performed or furnished according 10 the terms of the Contract Documents. If no specific periods of WlllTlUlty are stated in the Contract Docwnents for any particular item of work, material or equipment, Ihe Contractor hereby guardlltees Ihe same for a minimum period of one (I) year from Ihe date of final acceptance by Ihe City of the entire project Any suit on this bond must be instituted within such period or periods as may be provided by law --- BID NO: 3S..o010t DATE: OSIUIOI CITY OF MIAMI IlEACII 16 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executeslby their appropriate officials of the 1st day of August .20. WITNESS: --- COUNTERSIGNED BY RESIDENT FLORIDA A 0.' S RElY: (Cop of Agent's current Licen as Issued by State of Florida InslU'llnee Coromls.ioner Michael Bonet BID NO: 35-60/01 DATE: OS/23/01 PRINCIPAL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Parmer) PRINCIPAL (If Corporation) CARIVON CONSTRUCTION COMPANY Attest: (Secretary) (CORPORATE SEAL) SURETY: By: Michael Bonet G INSURANCE COMPANY (Power of Attomey must be attached) CfIY OF MlAMIlIEACH 17 CERTlFlCATES AS TO CORPORATE PRINCIPAL I, ':j:vonne Munne . certifY that I am the Secretlll'y of the Cotp01'lItion named as Principal in the foregoing bond; thatCarlos Hernandez who signed the said bond on behalf of the Principal, was then~ice President of said Corporation; that I know his signature, and his signature hereto is !,\eoIWne; and that said bond was duly signed, sealed, and attested for and in behalf of said On:poration by authority of its governing body. _ -Lfi {~A !lrporatc See tll!)' Seal STATE OF FLORIDA) 55 --- COUN1Y 01' ) Before me. a Notary Public, duly conunissioned, qualified and acting, p<-'n;Onally ~d Michael Bonet 10 me well known. who being by me fU'St duly swom upon oalh. says that he Great 'Amer...can d~~.itA_r:t'tB-XPict, for the Insurance Company and that hc has been authorized by Insurance company to execute the foregoing bond On behalf of the Conln1ctor named therein in fuvor of the City of Miami Beach, Florida. (Attach Power of Anorney) 1st dayof August ?001 AD. ~,,\hillTrmr,;:: ~"~\:l.\~ ASEN/!f'l/,,. ~ q,v........... '0 ~ ~ ...~\t>\SS'ON/:'~.. ~ ~ ."G ~,~21~' ~ _ . '1;:;0> '~~~. _ ~ . - -"'" ,.... ~"'~ ~- N.....~'Publi - .- ~ v._ ~.T CS*: ..e :*:: StItc ofFlori~-~69336 : iiS~ ~'P.'.4:., .'~;:: ~ ~/~.~~~~~-A:.~cs~ M C -. E .:~rA...l/I)/lc~;.;~~:..~ y ommtSSlon 'xp.u~",~ r{gL......~o'l:,,~ '1'1/ IJ.." ;:)1/\ ... \,~ '11/"""",,\\\ Subscribed and sWOrn befonYme \hi / / BID NO' 3s.oo/01 DATE, OS/23/01 CITY OF MIAMI BEACH 18 ,..- .-.. ~ '. GUlI\T ~ IN5lIRMICE CDMFJ\NY. 580 WALNUT STREET. CINCINNATI. OHIO 46202.613-369-5000. FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than One No. 016997 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue ofthe laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages andj or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Michael Bonet Address Miami, Florida Limit of Power Unlimiterl This Power of Attorney revokes all previous poweR issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officeR and its corporate seal hereunto affixed this 30th day of NovanOOr , 2000 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss: On this 30th day of Novanber, 2000 , before me peRonally appeared DOUGLAS R, BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of DirectOR of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of DirectOR of March I. 1993 have not been revoked and are now in fullfon:e and effect. SiSl'C'l and sealed thi. 1 s t day of August 2001 SIIS7C (11/97) (FLORIDA) LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) Carivon Construction Company Gr~\ ~J~ic!RND, We, as Principal, and Insurance Company as corporation, as Surety, are bound to the City of Miami Beach, Florida, a. obligee, herein called City, in the stun ofS 529,000.00---------- for the payment of which we bmd ourselves, our heirs. persona! representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Cari von Construction Company Promptly makes payments 10 all claimants, as defined in Section 255.05 (I), Fla. Slatute., >"lJPlllying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the worle provided for in the contnlCt: and Pays City all losses, damages, expenses, cost.. and attorney's fees, including appellate proceedings. that the City sustains in enfo==t of this bond -_. Perfonns the guarantoc of all labor and materials furnished under the conlraa for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or ooncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Slalute, are specifically adopted by reference and I11llde a part hereof for the purposes specified lhen:in. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, Fla. Statute, contains notice and time limitation provisions which must be strictly complied with. BID NO: 35-60/01 DAn:: 05/13/01 CITY OF MIAMJ BEACH 19 '. CERTIFICATES AS TO CORPORATE PRJNClPAL I, Ivonne Munne . certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; thatC.a..lCles Hernandew110 signed the said bond on behalf of the Principal, was then v:l,ce President f Co kno his and h" h . . d o said rporation; that I w signature, IS StgJ1ature erelO IS genume; an that said bond was duly signed. seated, and attested for and in behalf of said COIporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) 5S -.-- COUNTY 01' ) Before me, a Notal)' Public, duly commissioned, qualified and acting, personally appeared Michael Bonet to me well known, who being by me first duly swom upon oath, says that he Great American fur theInsurance Company and that he ha.~ been authorized by is the Attorney in Fact, Great American Insurance Company 10 execute the foregoing bond on behalf of the Conlrnctor named therein in favor of the City of Miami Beach, Florida. Subscribed and SWorn before me this August 1I11l~ A.D. ~, ~\" SeNt"~ ~ (;J:> ........ (",/0 ~ ~ ...~~\SS'ON~.... ~ 21 ~.. ~ Nnfo>~ PubI5. /fi- -~~ ''''q,'%,\ ~ ........J ..... ~ ~ (I).. _ Slate ofFl<i-uat-~ : * ~ -~. JM'IC . - -:::. 0.. 1I'IJ 969336 :~.;: ~~... ~ ~ .'II'...?ffi~ My commission ~.'. d~ ~...~* ~ 'ICh".oC'C(j..'!t.~ "'I ' ST~":""'\'- 111/1111111111"" (Attach Power of Attorney) BID NO: 35.00/01 DATE: 05/13/0 I crIY OF MIAMI BEACH 21 ,-.. - .-. . . . '. Ga;r\T I\IIERIG\N INSlIRANCE CDMFNIY. 580 WALNUT STREET. CINCINNATI. OHIO 45202.513.369-5000. FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than One No. 016997 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomey~in-fact. for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and! or final estimates; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Michael Bonet Address Miami, Florida Limit of Power Unlimite1 This Power of AlIomey revokes all previous powers issued in behalf of the allomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused the.. pre..nts to be signed and attested by its appropriate omcers and it' corporate seal hereunto affixed this 30th day of Novenber , 2000 AUe" GREAT AMERICAN INSURANCE COMPANY ST ATE OF OHIO, COUNTY OF HAMILTON - ss: On this 30th day of November, 2000 , before me personally appeared DOUGLAS R. BOWEN. to me known. being duly sworn. deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By~Laws of said Company. and that he signed his name thereto by like authority. This Power of AlIomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents. or anyone of them. be and hereby is authorized. from time to time. to appoint one or more Attorneys~ln~Fact to execute on behalf of the Company, as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking. contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to he valid and binding upon the Company with the same force and effect as though manually affixed. CERTlFlCA nON I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of AlIomey and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 1st dayof August 2001 SIIS7C (11/97) (FLORIDA) ':",:::,:.~ ..,.:.:,........ :.:. ,::.:. ',.' ................ DATE (MMIDD/YY) .~. ":"'''. ::~:,,:::~....~: ;:;:,~;:;:;:;:;~:;: ':"':','.':':"':':':"':':"':':'.':':-:"':':""'"">:'. 8/01/01 PRCIJUCER 305-591-0090 11IIS CEIlTlnCATE IS ISSlIED AS A MATJ'EJl OF INJ1OIlMATION ONL V AND CONJ'DS NO RIGHTS UPON THE CEllTDlCATE BOLDER. THIS CER.TDlCATE DOES NOT AMEND, EXTEND 011. ALTEll THE COVERAGE AFFORDBD IY THE SEITLlN 2001 NW 101 AVE., SUITE 200 MIAMI, FL 33112 COMPANIES AFFORDING COVERAGE """""'" COMPANY A COMPANY Amerisure Companies Carivon Construction Company Attn: Ivonne Hernandez 12111 S.W. 131 Avenue Miami FL 33186 B Clarendon National Ins. Co. COMPANY c COMPANY D THIS IS TO CERTDY THAT THE POUCIES OF INSUIlANCE LlSI'ED BELOW BA VE BEEN ISSVED TO THE INSURED NAMED ABOVE FOR THE POLICY PER.IOO INDICATED, NOTWInISTANDING ANY :REQUIREMENT, TERM OR. CONDmON OF ANY CQNTIlACT OR. OTHER DOCUMENT WITH RESPECT TO WInCH THIS CEllTD1CATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESC1UBED HEREIN 15 SUBJECT TO ALL TIlE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY SA VB BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LTR LIMITS DATE (MMIDDiYY) DATE (MMIDDIYV) GENERAL LIABILITY GENERAL AGGREGATE A COMM. GENERAL LIABRlTY CPP130265005 9/13/00 9/13/01 PROD..cOMPIOP AGG. CLAIMS MADE llU OCCUR PERS. -' ADV.INJURY OWNER'S a CONTRACT'S PROT EACH OCctJIUtENCE FIRE DAMAGE(Oae fire) MEDExp(ADy~ ~ 00 AtrrOMOBn..E LIABRlTY COMBINED SINGLE A X ANY AUTO CA130264903 9/13/00 9/13/01 LIMIT 500000 X ALL OWNED AurOS BOOR.Y INJURY X SCHEOtJLED AUTOS M11fr",. ..........., X HIRED AurOS BOOR.V INJURY X NON-OWNED AurOS ....."""""'. PROPERTY DAMAGE GAIlAGE UAlIWTY Aura ONLY-EA ACCIDENT ANY AUTO OTHER THAN Aura ONLY: EACH ACCIDENT AGGUGATE EXCESS LIABILITY EACH OCCURItENCE tJMIlRELLA FORM AGGREGATE OI'BER 11IAN UMBRELLA FORM WOIlKEllS COMPENSATION AND STATIJTORY LIMITS EMPLOYEItS' LIABILITY B 110003631 01 4/01/01 4/01/02 EACH AccmENT TIlE PROPRJETOIlI INCL DISEASE-POLICY LIMIT PAaTNEaSlEXEctmVE OffICERS ARE: X EXCL DISEASE-EACH EMPL. 0l'IIER DESCIUPTION 01' OPERAnONSILOCATlONSlVEBlCLESISPECIAL ITEMS RE: BID NO: 35-00/01 - PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS ADD'L INSURED CITY OF MIAMI BEACH CITY OF MIAMI BEACH PROCUREMENT DIVISION 1100 CONVENTION CENTER DRIVE MIAMI BEACH. FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOItE THE EXPIIlATlONDATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WIU'M'EN NOTICE TO THE CERTDlCATE BOLDEIl NAMED TO THE LEFT, BUr FAILUIlE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABILlTY OF ANY KIND UPONTBE COMPANY, ITS AGENI'S OR REPRESENTATIVES. At1I'IIORIZED REPRESENTATIVE tll:OiIfi2$;S. INSURANCE REOUIREMENTS See Insurance Check List for applicability to this cooIIact. a) The contractor sball be responsible for his work and every part lblnof, and for all maleriaIs, tools, appliances and property of every description, used in connection with this particular project. He sball specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resuIting 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 wolk in connection with this project sbaI1 meet the following requiremenlS: i) iI) iiI) iv) v) VI) viI) BID NO: 35-00/01 DATE: 05/13/01 Maintain Worker's Compensation and Employer's Liability Insnrance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insnrance in amoWllS prescribed by the City (see checklist for 1imits) 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 Wlder 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 Automoblle Liability Insurance irr.hfing Property Damage covering all owned, non-owned or hired automobiles and eqnipnmt w;ed in connection with the work. Maintain any additional coverage required by the Risk Manager as indicated on the Insurance Check List Name the City of Miami Beach as an additional insured on aIl1iability 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 premimns or assessments. No change or cancella1ion in insurance sbaIl be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies sbaI1 be issued by \.Ulapanies mhori2Ed to do business under the laws of the State of Florida and these companies must have a mting of at least B+: VI or better per Best's Key Rating Guide, 1atest edition. COY OF MIAMI BEACH 11 \ viii) Original signed Certificates of Insurance, evidencing such coverage and endorsemenls as required herein, shaI1 be filed widt and approved by the City of Miami Beach Risk Manager before wOIk is slarted. 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 inswance 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 insuIaoc.e coverage sbaIl extend to and include the following conllllctual inctmmity and hold hannless agreement: "The contractor hereby agrees to indemnify and hold hannless the City of Miami Beach, a municipal coqx>ration, its officers, agenls, and employees from all claims for bodily injuries to the public in and up to dte amoWlt of $1,000,000.00 for each occwrence and for all damages to the property of others in and up to the amount of$I,OOO,OOO.OO for each occurrence per the insuIaoc.e requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appea1s arising out of any such claJms or suits because of any and all acts of omission or commissioo of any by the conttactor, his agents, servanls, or employees, or through the mere existence of the project under contract. BID NO. 35-00/01 "PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS ". The foregoing indemnity agreement sba1l apply to any and all claims and suils other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agenls, and employees, as detennined by a court of competent jurisdiction. i.) The contractor will notifY his insuIaoc.e agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the inswance agent and carrier. it) The contractor will obtain and maintain contractual liability insuIaoc.e in adequate limils 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 sbaIl provide full coverage iiom 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 BID NO: 35-00/01 DATE: OS/23/01 CITY OF MIAMI BEACH 23 " payment of deductibles by the insured and approved by the City's Risk Manager. 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 requi.<alJaJ1l, as to canying insurance and fiuniohing cq>ies of the insurance policies sball not relieve the contractor and all subcontrnctors of their liabilities and obligations under any Section or Provisions of this contIact. Contractor sball be as fully responslble 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 sball be in fun:e throughout the contract tenn. Should any awmdee fail to provide acceptable evidence of cum:nt insurance within seven days of receipt of written notice at any time during the contract term, the City sball have the right to consider the contract breached and justifYing the tennination thereo[ 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 wxIeIstood and agreed that the inclusion of more than one insured under these policies sball 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 sball apply only with respect to liability arising out of the ownership, lIl"int""""CC, use, oc"'1p"""Y 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: 35-00/01 DATE: OS/23/01 CITY OF MIAMI BEACH 24 ., INSURANCE CHECK LIST xxx 1. Worlcers' Compensation and Employer's Liability per the StatutoIy limits of the state of Florida. xxx 2. CompreheIlsive Gencral Liability (ocamoce fmn), limits ofliability $1,000,000.00 per 0CCUIreI1Ce for bodily injmy I""l""-ty damage to include PremisesI 0perati0llS; Products and Completed 0perati0llS; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold bannless endorsement exactly as written in "insurance requirements" of specificatiOllS). 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 ocanrence 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 canceI1alion notice required. xxx 8. Best's guide rating B+:VI or better, Iatest edition. xxx 9. The certificate must state the bid munber and title BIDDER AND INSURANCE AGENT STATEMENT: We understmd the Insurance Requirements of these specificatiOllS and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 35-00/01 DATE: OS/23/01 CITY OF MIAMI BEACH 25 .. DMSION 1 General Provisions Section I DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contract Bond the following 1l:m1s or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "Cltv" - The City a 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 "Cltv Clerk" - The City Clerk of the City of Miami Beach, Florida. 1.5 "Cltv Manal!er" - Chief Administrator of the City Commission. 1.6 "Enl!ineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Insuector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials furnished and of the worlc performed by the ConIIactor. 1.8 "Bidder" - Any individual, firm or COIpOIllIion submitting a Proposal for the worlc contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Suuerintendent" - Executive representative for the Contractor present on the WOlf<: at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the WOIk efficiently. 1.11 "Suretv" - The corporate body or individual which is bound by the Perfonnance and Payment Bonds with and for the ConIIactor, who is primarily liable, and which engages to be responslble for his acceptable perfonnance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared fonn on which the Bidder is to or has submitted his, their, or its Proposal for the worlc contemplated. 1.13 "ProPOSal Guarantv" - The security designated in the Proposal, to be finnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. BID NO: 35-00/01 DATE: 05113/01 CIIY OF MIAMI BEACH 26 .. 1.14 "Plans" -The official approved plans, profile, typical cross-section, geDel3l cross-seclions, working drawings, and suppJ~1 drawings, or exact reproductions thereof; which show the location, character, dimensions and details of the wmk 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 CODlained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of perfomring the work, or to the quantities and qualities of materials and labor to be furnished urnler the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project Wlder consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govem' 1.18 "Supplemental Al!reement" - 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 peIilnnance of the work and the fumi.hing of labor and materiaJs in the proposed construction. The contract shall include the "Proposal," "Plan," "Specifications," "Special Provisions," Perfonnance Bond," and "Labor and Materia1 Bond" also any and all "Supplemental Agreements" required to complete the wOIk in a suhsmnti~1 and acceptable manner. 1.20 "Contract Bond" - Perfonnance Bond - The secwity furnished by the Contractor and the Surety as a guaranty that the Contractor will execute the wOIk in accordance with the tenns of the Contract. 1.21 "Pavment Bond" - The secwity finnished by the contractor and the surety as to guaranty that the contractor will pay a c1aimant. A claimant is defined as any person suppJying the PrincipaJ 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 wOIk specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. 1.23 "Ouestionnalre" - The approved form upon which the Contractor must furnish the information as to his ability to pe.fuull the work, his experience in similar work, and his financia1 condition as related to his ability to finance the work. 1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with the contract docmnents, so the owner can occupy or utilize the wOIk 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 of a Temporal)' Certificate of Completion or Temporal)' Certificate of Occupancy by the Bui1ding Official BID NO: 35-00/01 DATE: OS/23/01 ClTY OFMlAMI BEACH 27 Section 2 PROPOSAL REQUIREMENTS AND CONDmONS 2.1 Intemretation of ADDroxlmate Estimate - The Bidder's attention is called to the fact that the estimate of quantities of all wOIk 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 wolk or other conditions pertaining thereto. 2.2 Examination of Plans, Soedfications, 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 wOIk contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encoWltered, as to the character, quality, and quantities of wolk 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 PreDaration of ProDosals - 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 proposa1 is made. The bidder shall also state the time in which he will complete the wolk bid upon, unless a certain time is stipulated If the proposal is made by an individual in his own proper person or WIder a trade or firm name, he shall execute the same WIder 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 proposa1 shall be executed for the copartnership, by setting out in full the names of the partners and the firm name of the partnership, ifany, 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 cmporation, the proposal shall be executed by setting out the coxporate 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 coIpOration, 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 ofbusiness shall be shown. 2.4 Reiection of Irret!uIar Pronosals - Proposals will be considered irregular and may be rejected iftbey show serious omissions, alterations ofform, additions not called for,conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accomnanv Pronosals - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amoWlt indicated in the Notice to Con1ractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO: 35-00/01 DATE: 05/13/01 CITY OF MIAMI BEACH 18 2.6 Delivery of Prooosals - Each Proposal must be submitted in a sea1ed c:nvc:q,e which sbaIl be rruuked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above mentioned envelope sball be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it sbaIl be delivered at the Office of the City Purchasing Agent. Proposa1s will be received until the date and hour stated in the ''Notice to Contractors." 2.7 Withdrawal of ProoosaJs - 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 fi1ils 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 Ouenin!! of Pronosals - 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 Disauallfkation of Bidders . Only one Proposa1 from an individual, linn, 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 Proposa1s 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 satisfuctorily settled all bills due for Iabor and material on fonner contrncts with the City or contrncts with the same in force at the time of receiving bids. 2.10 Comoetencv of Bidders - Bidders must be capable ofperfonning the various items of work bid upon. They sball furnish a slatement covering experience on simiIar work, a list of machinery, plant, and other equipment available for the proposed work, and sbaIl 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 Guarantv - Before any Contract is awarded, the Bidder may be required to finnish a complete dmPmPnt 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 sbaIl be equaI in all respects to the samples submitted. BID NO: 35-00/01 DATE: 05/13/01 CIIY OF MlAMl BEACH 19 " Section 3 AWARD AND EXECUTION OF CONTRACf 3.1 Consideration of Bids - For the pwpose of award, after the Proposals are opened and read, the correct swmnation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid The 3IIIOlIIIls will then be compared and the resuIts 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 teclmical errors as may be deemed best for the interesls of the City. 3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest responstble Bidder whose Proposal shall comply with all the requirements !lCCCSSlIiy to render it fonnaL The award, if made, will be within ninety (90) days after the opening of the Proposa1s, 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 gwmmties will be returned immediately following the tabulation of Bids, exrept those of the three lowest Bidders. These guaranties will be returned within ten (10) days following the award of Contract, except that of the successful Bidder, which will be returned after a satisfactoty Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond Required - The successful Bidder entering into a Contract for any portion of the worlc will be required to give the City Surety in a sum equal to the amount of the ConIIact 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, sballlie against the bond. 3.5 Execution of Contract and Pavment Bond - Within ten (10) days after the Contract has been awarded, the successful Bidder shall sign the nea:ss3I)' agreements, entering into a ConlIact 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 Fallure 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 annuhnent of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the work may be Ie- advertised or may be constructed by day labor, as the City may decide. BID NO: 35-00/01 DATE: 05/13/01 an' OF M1AM1 BEACH 30 \ 3.7 Evidence of Authoritv - Before a Contract is executed the Bidder will be required to finnish 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 docwnents, and of the companies bound thereby to do business in the State of Florida. BID NO: 35-00/01 DATE: 051%3/01 CIIY OF MIAMI BEACH 31 \ Section 4 SCOPE OF THE WORK 4.1 Intent of Plans and Snedftcations - The intent is to prescribe a complete wOIk of improvement which the Contractor UIIderlakes to do. The Contractor sbaII do all the wOIk indicated in the Proposal and on the Plans, and such additional, ex1ra, and incidental wOIk as may be necessary to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and acceptable marmers, and when completed, sbaII remove all smplus and discarded material and equipment and leave the site of the W 0Ik in a neat, acceptable and fini.Jv.n condition. He shaI1 finnish, unIess otherwise provided in "SpeciaI Provisions," aI implements, machineI)', equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the Work. He sbaII maintain the fini.hffl WOIk until its fonnaI accepIance 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 Snecial 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 wOIk as may be considered necessary or desiIable to complete fully and perfectly the proposed construction and such alterations shaI1 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 wOIk to be performed, and should added or eliminated work be of the same character as that shown on the original plans, the Contractor sbaII accept payment in full at the Contract Unit Price for the actuaI quantities of the wOIk 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, shaI1 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 sbaII perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desiIable to complete fully the WOIk as contemplated, and such ex1Ia work sbaII be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement sbaII be signed by both contracting parties, or a written order from the Engineer to do the W 0Ik on a "Force Account" Basis given the Contractor. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 3Z \ 4.5 Removal and Dlmosal of Strncture and Obstructions - The Contractor will remove all obstructions that may come in the way of the coutcauplated impro~. such as pavements, sidewalks, fences, buildings, trees, roots, stwnps, logs, old foundations or piling, and other obstructions encounte:nld either above or below the surface of the ground and dispose of them in such marmer as the Engineer may direct. All wOIk prescnbed and involved under this "-l;.,g sbaII be considered as incidental to and included in the unit price bid for the particular WOIk in which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 R1l!hts in and Use of Materials Found on the Work - The Contractor, with the approval of the Fngin""l", 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 shaI1 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 materiaIs so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any materiaI which is not within the excavation, as indicated, without written authorization from the Engimer. Materials in old stmctures removed by the Contractor to allow the construction of new stmctures, and not needed by the City" may be used by the Contractor during construction. Such materials are the property of the City and sbaII 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: 35-00/01 DAlE: OS/Z3/01 CITY OF MIAMI BEACH 33 \ Section 5 CONTROL OF THE WORK 5.1 Enl!lneer 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 Wltap,dld:lon of the Plans, oonstIUction, prosecution and fulfillment of this ConIIact, and as to the character, quality, amount, and vaIue of any work done, and materiaIs furnished, under or by reason of this Contract, and his estimates and decisions upon all cIaims, questions, and disputes sbaII be finaI and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such wOIking 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 shaI1 be in writing. No changes sbaII 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 sbaII consist of such detailed plans as may be required for the prosecution of the wOIk and are not included in the Plans finnished by the Fng;"..."., They sbaII include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing stee~ approval of which by the Engineer must be obtained before any wOIk involving these plans sbaII be performed. Plans for cribs, cofferdams, faIsework, centering, and form wOIk may also be required, and in such cases shaI1 be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity ofhis wOIking drawings with the approved Plans and Specifications. The Contract price shaI1 include the cost of finnisbing all wOIking drawings and the Contractor will be allowed no extra compensation for such drawings. 5.3 Conformity with Plans and Allowable Deviations - The finished wOIk 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 Fngineer and authorizOO in writing. 5.4 Coordination of Plan... Suecifications. and Suecial Provisions - These Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intP.rvlM to be cooperative, to describe and provide for a complete Work. In case of discrepancy, figured dimen.;ons sbaII govern over scaled dimensions. Plans sbaII govem over Specifications, Special Provisions shall govem over both Specifications and Plans. BID NO: 35-00/01 DAlE: OS/Z3/01 CITY OF MIAMI BEAm 34 \ . 5.5 CooDenltlon of Contl'aetor - The CooIractor will be supplied with copies of the Plans, Specificalioos, and Special Provisions. The CooIractor sbaII have available m the Work at all timrs, one copy each of said Plans and Specifications and Special Provisions; be sbaII give the WOIk the constant attention ~ to fiIcilitate the progless then:of and sbaII cooperate with the Enginer.r and with other conttactors in ew::cy way possible. The ContraclDr sba1I at all times have a ~ FngIisb-speaking Supet;..re.odenf, capabIc ofrcading and tboroogbIy understanding the Plans and Specificatioos, as his agent em the Work, who sba1I receive inslructions from the F~ or his lIIIlioiZllli l"l""""'-'tatives. The Superintendent sbaII have full auIbIxity to txec:ule the onIers oc directions of the FJ,gi......... without delay and to promptly supply such materials, tools, plant, equipment, and Iabor as may be required. Such SuperintP.ntlP.nt sba1I be fumisbed irrespective of the amount of wOIk sublet. 5.6 Inmecton - Inspectors employed by the F11gi........ shall be authorized to inspect all wOIk dooe and materials furnished. Such inspection may extend to all or any part of the WOIk and to the preparatiem or manufucture of the materiaIs to be used. An inspector may be stationed 011 the WOIk 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 materiaIs furnished and work performed by the Contractor fail to fuIfilI the requirements of the Specifications and Contract, and to call to the atlaItion of the Contractor any such failure or other infiingemenIs. Such inspection, however, sba1I DOt relieve the Contractor from any obligation to ~fU1w all the Work strictly in lluAJId.wce with the RlljUiremeIlIs of the Specifications. in case of any dispute arising between the Contractor and the Inspector as to material fumisbed or the manner of perfonning the Work, the Inspector sba1I have the authority to reject materials or suspend the Work until the questiem at issue can be referred to and decided by the Fngi11PP.r. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, aIta-, enlarge, relax, or release any requimnents of these Specificatioos, not to approve or accept aoy portion of work, nor to issue inslructions contrary to the Plans and Specifications. The Inspector sball in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the WOIk by the latter. Any advice which the Inspector may give the Contractor sbaII in no way be cmstrued as binding the Fngir-r 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 W 0Ik under ConInIct; but if, on account of any apparent disregard of these Specificatioos, additional Inspectors sbaII be required, they will be employed by the City at the rate of$150.00 per diem each, and the cost ofsame charged to the Contractor and deducted from the final payment. 5.7 Insoec:tlon - The Contractor shall furnish the Fngi........ with ew::cy 1\llI""""hle fiIcility fc:r asca1aining whether or DOt the WIXk perfU111~ and materials used are in aoco.dau.:e with the requi.<a1JO&J1l. and intent of the Specifications and ConImct If the F.nginm- requests it, the Contractor sbaII at any time before finaI acceptance of the Work remove or IIIICOVer such portions of the finidlM WOIk as may be directed. After examinatiem the Contractor sball restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or e.nminM prove acceptable, the uncovering or removing, and the replacing of the oovaing or making good of the parts re:DllMd, shaI1 be paid for as "Exlla Work," but shooId the work so exposed or pymn;n..n prove 1IIIlIIlceptable, the 1lIIIXlVering or removing and the replacing of the covering or making good of the parts removed, shall be at the ConIractor's expense. No wOIk shall be done nor materials used without suitable supervision or in~ by the Engineer or his BID NO: 35-00101 DATE: OS/23/01 crrv OF MIAMI BEACH 35 representative. Failure to reject any defective work or materiaI sbaII not in any way prevent Iater rejection when such defect be discovered, or obligate the City to final acceptance. 5.8 Failure to Remove and Renew Defective Materials and Work - Should the Contractor fail or refuse to remove and renew any defective materials used or wOIk performed, or to make any necessary repairs in an acceptable marmer and in accordance with the requirements of these Specifications within the time indicated in writing, the Engineer shaI1 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, shaI1 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 shaI1 be sufficient cause for the Board, at its option, may purchase materiaIs, tools, and equipment and employ Iabor 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 sbaII be charged against the "Contract Bond" deposited. Any work performed, as descnbed in this paragraph, shall not relieve the Contractor in any way from his responsibility for the wOIk performed by him. 5.9 Final InsDection - Whenever the Work provided and contemplated by the Contractor shall have been satisfuctorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 36 -- Section 6 CONTROL OF MATERIALS 6.1 Source ofSuoolv and Onalltv ofMaterla1s - At the option of the Engineer the source of supply for each of the materiaIs shaI1 be approved by the Engineer before the deliveI)' is started Representative preliminary samples of the character and quality descnbed sbaII 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 materiaIs conforming to the requirements of these Specifications and approved by the Engineer shaI1 be used in the Work. All materiaIs 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 shaI1 be used in the Work. 6.2 Samoles and Tests . For the pwpose of assisting his judgment the &gineer may require any or all materiaIs to be subject to test by means of samples or otherwise as he may determine. The Contractor shaI1 afford such facilities as the Engineer may require for collecting and fOIwarding samples and shaI1 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 shaI1 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 th.: 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. Cwrent Standards or Tentative Standards, as the case may be, insofar as these are applicable. unless specifically stated otherwise. 6.3 Storal!e of Materials - MateriaIs 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 materiaIs not conforming to the requirements of these Specifications shall be considered as defective and all such materiaIs, whether in place or not, shall be rejected and shall be removed immediately from th~ site of the W orlc, unless otherwise pennitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shaI1 have authority to remove and replace defective material and to deduct the cost of removal and rep1acement from any monies due or to become due the Contractor. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 37 "' SectIon 7 LEGAL RELATIONS AND RESPONSmILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contmctor must liuniIiarize himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance with them. He shaI1 indemnifY and hold hann1ess 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, orrtinlml'.es, regulations, orders, or decrees, whether by himself or his employees. 7.1.1 The requirement ofCbapter 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 conlract with a public entity , and may not lIansact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION Prospective bidders should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate their receipt of future 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 nwnber, or commodities. 7.2 Permits. Licenses. OccuDational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction pennits 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 Wor!<. 7.3 Patented Devices. Materials. and Processes - It is mutuaIIy understood and agreed that without exception conlract prices are to include all royalties and costs arising from patents, trademarlcs, 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 BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 38 "' such use shaIl be provided for by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Fngineer; however, whether or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shaI1 indemni1Y and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, to be performed under the Contract, and shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Work. 7.4 R1l!ht ofWav - 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 fiunishing necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for the completion ofhis Contract as may be determined by the City to be reasonable. In case of damage to the wOIk on account of wOIk 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 shaI1 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 wOIk performed by him. 7.5 Restoration of Surfaces Opeued bv Permit - Any individual, fum, or cmporation 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 amoWlt to cover the cost of making the necessary repairs, and the Contractor shaI1 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 wOIk 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 shaI1 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 wOIk performed by him. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 39 .... 7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use ofhis employees as is necessary to comply with the requirements and regulations of State and County Boards ofHeaIth. He shall commit no public nuisance. 7.7 PubHc Convenience and Safety - The Contractor shall conduct the Work so as to insure the least obstmction to traffic practicable, and sbaII provide for the convenience of the generaI public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the W 0Ik 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 Closinl! Streets - Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the WOIk must be so conducted that there sbaII at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the WOIk the Contractor shaI1 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 Contrnctor in all cases and the Engineers office and the Fire Department shaI1 immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades. Waminl!s. and Detour sUms - The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shaI1 place sufficient lights on and/or near the WOIk and keep them burning from twilight to SWJrise; 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; shaI1 maintain proper guards and lights for the prevention of accidents upon materiaIs, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. All safety signs, necessary lighting and temporary fencing aroWld wOIk areas shaI1 be installed and maintained and work performed in accordance with OSHA requirements while the job is in progress. 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 aroWld the closed portion or portions of the Work, so that the temporary detour route or routes shaI1 be indicated clearly throughout its or their entire length. Additionally, the Contrnctor will be responsible for the hiring of Police for traffic safety ifneeded when working on Washington Avenue side. 7.10 Fire Hvdrants. Gutters. Etc. - Fire hydrants on or adjacent to the WOIk shall be kept acces3ible to the fire apparatus at all times and no material or obstmctions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as fur as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 40 -., 7.11 Use of EXDloslves - 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 pmperty, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secme marmer, and all such storage places shaI1 be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. 7.12 Preservation of Pronertv - 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 stmctures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hoW'S' 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 shaI1 prevent the Contractor from receiving proper compensation for the removal or rep1acement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 ResDonsibilitv for Damal!e. Etc. - The Contractor shaI1 indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or clairns 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 W orlc, 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 clairns or amounts recovered for any infringement of patent, trademark, or copyright, or from any clairns 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 shaI1 be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shaI1 be held until such suit or suits, action or actions, claim or clairns, for injuries or damages, as aforesaid, shaI1 have been settled and suitable evidence to that effect furnished to the Engineer. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 41 The Contractor guarantees the payment of all just claims for materials, supplies, tools, Iabor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by finaI acceptance and payment by the City unless all such claims are paid or released. 7.14 Contractor ResoonslblUtv for Work - Until acceptance of the WOIk by the Board it shall be under the charge and care of the Contractor and he shall take eveI)' necessary precaution against injwy or damage to any part thereofby the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 ODeninl! 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 shaI1 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 renewaIs made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materiaIs 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 Lel!al Ril!hts - The City reserves the right, should an error be discovered in the partial or finaI estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the finaI 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 Llmited- The mention of any specific duty or liability upon the Contractor in any part of the Specifications shaI1 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: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 42 Section 8 PROSECUTION AND PROGRESS 8.1 Sublettinl! or AssiI!ninI! 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 shaI1 in any case release the Contractor ofhis liability under this Contract and Bond. 8.2 Proeress of Work - It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Ooerations - 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 Wltil the Engineer gives his consent. The Contractor may erect or maintain along the lines ofhis 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 wOIk to that of others in a proper marmer in accordance with the spirit of the Plans and Specifications, and to perform his wOIk 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 shaI1 so conduct his operations and maintain the W 0Ik in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and EQuipment - The Contractor shaIf employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shaI1 determine that any person employed by the Contractor is, in his opinion, incouqdeut, unfiIithful, 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: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 43 , . All workmen must have sufficient skill and experience to pn:p:rly perform the wOIk assigned 1bem. All workmen engaged on speciaI wOIk or skilled work, or in any tIade, shaI1 have had sufficient experience in such wOIk to properly and satisfactorily perform it and to operate the equipment involved, and shaI1 make due and proper effort to execute the W 0Ik 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 per8OI'5, or fail to furnish suitable or sufficient machineI)', equipment, or force for the proper prosecution of the WOIk, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injwy 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.S Temporary Suspension of Work - The City or Engineer shaI1 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 cany 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 marmer that they will not obstmct or impede the traveling public unnecessarily, nor become damaged in any way, and he shaI1 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 stmctures 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 wOIk 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, dwing 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 PropcsaI, all of which shaI1 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 shaI1 require work or material in greater value than set forth in the Contract, then the contract time shaI1 be increased in t'le 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. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 44 No claim for damages shaI1 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 obstmctions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures adjacent to the W 0Ik not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the WOIk 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 shaI1 deem reasonable. 8.7 Failure to ComDlete the Work on Time - The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion of said W 0Ik is of the essence of the Contract, and should the Contractor fail to complete the W 0Ik on or before the date specified it is agreed that for each calendar day that any work shaI1 remain uncompleted, after the time specified in the attached ProposaI, with any eA1ension 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 shaI1 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 Dav See Paragraph 3.2 of Agreement The Contractor shaI1 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 Wark, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained 8.8 AnoulmeDt ofContract-lfthe Contractor fails to begin the WOIk under Contract within the time specified, or fails to perform the W 0Ik with sufficient wOIkmen and equipment or with sufficient materials to insure the prompt completion of said Wark, 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 Wark, or if the Contractor sbaII become insolvent or be declared bankrupt, or commit any act ofbankruptcy or insolvency, or allow any finaIjudgementto stand against him unsatisfied for a period of forty eight (48) hours, or sbaII 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 BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 45 \ 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 shaI1 not proceed in accordance therewith, then the Board sbaII upon written certificate from the Engineer of the fact of such delay, neglect, or default and the ContractoI's fiillure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the wOIk 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 l1l2.y 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 marmer. All costs and charges incurred by the Board, together with the costs of completing the Work under contrnct, shaI1 be deducted from any monies due or which may become due said Contractor. In case the expense so incurred by the Board sbaII be less than the sum which would have been payable under the Contract if it had been completed by said Contractor, then the said Contractor shaI1 be entitled to receive the difference, and in case such expense sbaII exceed the sum which would have been payable under the Contrnct, then the Contractor and the Surety shall be liable and sbaII pay to the City the amount of said excess. 8.9 Termination of Contractor's Resnonsibilitv - This Contract will be considered complete when all work has been completed, finaI 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: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 46 "' Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Ouantities - All work completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving smfaces, which will be taken along the actuaI surface of the pavement. No allowance shaI1 be made for surfaces laid over a greater area than authorized or for materiaI moved from outside of slope-stakes and lines shown on the Plans, except where such wOIk is done upon written instmctions of the Engineer. 9.2 ScoDe of PaVDIents - It is understood and agreed that the Contractor sball receive and accept the prices and rates, as herein specified, in full payment for furnishing all materiaIs, Iabor, 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 finaI acceptance as hereinafter pmvided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the WOIk as herein provided for, or for any infiingement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 PaVDIent and ComDensation for Altered Ouantities -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 wOIk involving Supplemental Agreements shaI1 be paid for as stipulated in such agreement. 9A Force Account Work - All Extra WOlf<: done on a "Force Account" basis shaI1 be performed by such Iabor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner. (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such wOIk, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shaI1 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 smaIl 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 actuaI cost for SociaI Security Taxes, Unemployment Insurance, and WOIkmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 47 \ (b) For all materials used the Contractor shall receive the actuaI cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. (c) For any speciaI equipment or mar-hinery, such as power driven rollers, tractors, trucks, shovels, driIIs, concrete mixers, pwnps, and hoists, also industriaI 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 eveI)' 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 WOIk 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 shaI1 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 shaI1 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 work completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will prohably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a finaI sett1ement after the completion of the Work. Con1ractor shaUprovide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partia1 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 finaI acceptance, or should a reasonable doubt arise previous to the finaI acceptance as to the integrity of any part of the completed BID NO: 35-00/01 DAlE: 05/13/01 CITY OF MIAMI BEACH 48 \ work, the estimate and payment for such defective or questioned work sbaII not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments sbaII be approximate only, and all partia1 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 wOIk in the Contract and liquidate unsatisfied claims. 9.7 AcceDtance and Final PaVlDent - Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shaI1 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 sbaII 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 CERTIFlCATE OF COMPLETION or FINAL CERTIFlCATE OF OCCUPANCY FROM THE BUILDING OFFICIAl.; a LEITER OF FINAL COMPLETION or LETIER OF FINAL ACCEPTANCE from the AlE of record, approved by the City. BID NO: 35-00/01 DAlE: 05123/01 CITY OF MIAMI BEACH 49 Section 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall finnish satisfuctory 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 (I 00"10) 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 shaI1 erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take eveI)' precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shaI1 be liable for restoration of all property including City property. 10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasiotted 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 fiuniIiar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procure all pennits and licenses as required, however, there will be no charge for the construction pennits 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 GeneraI Provisions, the requirements of the Special Provisions will prevail. 10.8 LIMITATIONS OF OPERATIONS: No wOIk shaI1 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 pennission from the P1qlerty Management Director or designated representative. BID NO: 35-00/01 DATE: 05/23/01 CITY OF MIAMI BEACH 50 PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS TABLE OF CONTENTS 1.0 Scope of Work/Add Alternates 2.0 Workmanship and Application Conditions 3.0 Materials 4.0 Colors 5.0 Surface Preparation (General) 6.0 Caulking Procedures 7.0 Expansion Joint Treatment 8.0 Masonry, Stucco Repair Procedure 9.0 Sequencing, Scheduling 10.0 Public Convenience and Safety 11.0 Delivery, Storage, Handling 12.0 Inspections 13.0 Products 14.0 Paint Warranty 15.0 Contractor Responsibilities 16.0 Building Responsibilities BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 51 PA1NTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 1.0 ScoDeofVVorklAJternates 1.1 Items/Areas to be included: A. All exterior vertical and horizontal mason\)', stucco surfaces B. Lights attached to building with heat resistant paint C. Light poles around perimeter of building D. Flagpoles E. Metal vents F. Metal doors & frames, Pre-finished windows, doors, and frames G. Perimeter walls H. Roof access hatches & ladders 1. Railings J. Fire sprinkler lines & fire boxes K. Drip cap L. Columns M. Knee and planter walls N. Metal awnings O. Overhangs (4) ceilings presently not painted P. Downspouts and Gutters Q. lG.T interior 50' ceiling in front of main stage, above orchestra seating. Erect scaffolding approximately 50' of height, repair water damage sheet rock ceiling and wood base beam. Prime and paint entire first alcove. R. Painting of east atriwn ceiling and east walls of restaurants and east walls of A & B lobbies. Contractor will be responsible for providing and erecting any necessmy scaffolding. The contractor is responsIble for all scaffolding required to repair and paint the east atrium. Once completed, the contractor must coordinate with The City of Miami Beach Arts CuIture and Entertainment Department (Director) or authorized representative, to utilize the scaffolding for hanging of a sculpture in this area. S. Re-staining of sidewalks and stairs around perimeter of building. T. Siliconing of glass to metaI on all pre-finished windows. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 52 PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 1.2 ADD Alternates A. Electrostatic painting of interior and exterior pre -finished window frames in lieu of painting by brush and roUer. B. Water proofing of west planter to include removal of aU plants and soil, water proof entire interior of planter with water proofing product, replace soil and new planting in it's originalleIisting state. "Waterproofing work" will become scope of work for the base bid. (Copy of the specs for the High Quality membrane to be used on the planters at the west side of the Miami Beach Convention Center will be available at the Pre-Bid Conference or can be mailed to you by calling the City of Miami Beach Procurement Department at 305.673-7490.) 2.0 Workmanshln and Aoolication Conditions 2.1 Painting contractor sbaII deliver all materials to job in original, labeled, un-opened containers and assume full responsibility for all materials stored on site. Contractor is responsible for the security of said materials. 2.2 Execute work in accordance with label directions. Coating application shall be made in strict conformance to this specification and to the manufacturer's instmctions on the product labels and product data sheet. 2.3 All work shall be accomplished by skilled wOIkman fimriliar with and trained to do this type ofwOIk and they shall be further qualified to opernte or use the equipment or rigging needed to accomplish this work. 2.4 All materiaIs shaI1 be applied evenly, free of runs, sags, pinholes. 2.5 Contractor must use the same manufacturers thlnners/reducers to thin the same manufacturers respective products and only in the amounts prescnbed. 2.6 All shrubbery, landscaping, and sprinkler systems shall be fully protected against damage during each stage of the painting project. Contractor will pay for replacement and/or repairs made by MBCC due to damage caused by contractor. 2.7 All substrates not designated to receive piVnt coatings shall be kept free of paint residue and over spray. (i.e., windows, walkways, driveways, floors, light fixtures, etc.) BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 53 \ PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 2.8 All required safety signs, necessmy lighting and temporary fencing around wOIk areas sbaII be installed and maintained and wOIk performed in accordance with OSHA requirements while the job is in progress. 2.9 Contractor will be responsible for hiring of police for trafIic safety if needed when working on Washington Avenue side. 3.0 Materials All materiaIs used in paint contract! project shall be delivered to job in original, sealed containers. The following manufactures premium quality paints and/or coatings may be used. Other manufacturers may be used with prior written approval from owner or owner's representative. A. Sherwin Williams B. Benjamin Moore C. Porter Paints D. ICI Dulux Paints Contractor shall provide the following interior paint specifications; · Ceilings - Pro Mar 400, Double Coat (or Equal) · Walls - Pro Mar 400 Semi-GIOIs, Double Coat (or Equal) Note: If contractor bids an ("or EquaI'1 product, the detailed specifications of said product must be submitted with their bid. Product must meet or exceed specification of the requested product and the required paint warranty, or the bid may be considered non-responsive. The paints! materiaIs herein specified will be enforced as the required products. All maIl:riaIs sbaII be used according to label directions and applied at package consistency unless reduction is specifically called for on the label directions. 4.0 Colors A sample of the selected paint color( s) shaI1 be applied by the Painting contractor to an area designated by the owner/owner's agent for approval by the owner/owner's agent prior to commencement of the job. Color selection shall be the same as the existing. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 54 '.. PAINTING AND WATERPROOFING THE MIAM1 BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFlCATIONS 5.0 Surface Preoaration (General) 5.1 All surfaces to be painted shall be cleaned and prepared as specified. The painting contractor is responsible for the finish of his work. Should any surface be found unsuitable to produce a proper paint or sea1ant finish, the owner/ owners agent shall be notified in writing by the Painting contractor and no materials shall be applied until the unsuitable surfaces have been made satisfactory. 5.2 Previously coated surfaces ALL surface contamination such as oil, grease, loose and marginally adhering paint, mill scale, rust, mold, mildew, mortar, efflorescence, and sealers must be removed to assure sound bonding to the tightly adhering old paint. In, addition, glossy surfaces of old paint filrns must be clean and dull before repainting. Spot prime all bare areas with the appropriate primer. Check for compatibility of the previously painted surfilce with the new coating by applying a test patch of 2-3 square feet. Allow to dry thoroughly and check adhesion. 5.3 Cleaning and mildew control ALL exterior surfilces must be thoroughly cleaned using a pressure washer at 3000 PSI and a 25 degree tip held no more than 12" from the surfuce to insure the surfuce is cleaned free of all loose scaling, marginally adhering paint, all chalk, mildew, stains, dirt, grease and other foreign material. Surface must be linn, clean and dry before proceeding. Remove mildew by applying a solution of chlorine and water mixed to a ratio of I part chlorine and 3 parts water. Allow solution of chlorine to remain on the surface for 10 minutes before rinsing thoroughly with clean water. Wear protective gIasses or goggles, waterproof gloves, and protective clothing. 5.4 Previously painted metal surfaces Hand tool or power tool clean rusty areas. Surface must be clean, free of all grease, oil and dry. Surface must be dry and sound. All loose or marginally adhering paint must be removed and the edges sanded to feather the edges. Glossy or veI)' hard surfaces of old paint film must be dulled! roughened before repainting. Spot prime or full prime as necessary, the cleaned, rusted areas with the specified primer. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 55 .. PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 5.5 Previously painted exterior stucco, concrete block, or other masonry surfaces Surface must be clean, dry, and sound. All loose or margina11y adhering paint must be removed. The pH of the surface of any exposed concrete or mortar should be between 6 and 9 before applying any coatings. Repair cracks and any imperfections in surface. 6.0 Caulkinl! Procedure 6.1 Remove any deteriorated caulking or seaIant around aIwnimnn or metaI windows, doors, decorative bands or anywhere caulking or seaIant has been applied. Solvent wipe exposed metal, aluminum, or stucco to remove any substance which may adversely affect the performance of the caulking before the application process begins. Apply a continuous bead of one part urethane sealant to all areas described above. Tool to Match surrounding substrate texture. 7.0 Emanslon Joint Treatment 7.1 Remove all dried, cracked or deteriorated sealant. Solvent wipe exposed metal, aluminwn or masonry to remove any substance which may adversely affect the perfonnance of the seaIant before the application process begins. 7.2 Remove all deteriorated backer rod. After proper surface preparation, replace with flexible, rod type, closed cell polyethylene. Backer rod is 118" to Yo" diameter larger than the joint width. Use a blunt tool to install backer rod to prevent puncture or damage. In the event the depth of the joint prevents the us eof backer rod, bondbreaker tape must be installed to prevent three sided adhesion. 7.3 Apply a continuous bead of multi component, non sag polyurethane sealent. Tool to match surrounding substrate. 7.4 Allow a minimwn of five days curing time to allow solvent vapors release. See label requirements prior to applying. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 56 PAINTING AND WATERPROOFING THE MIAM1 BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIF1CATIONS 8.0 Masonry. Stucco reDm Drocedure 8.1 Hairline or shrinkage cracks (1/32") or smaller. A. Coat affected area by applying two coats of Sherwin Williams Loxon Masonry Acrylic Primer. (OR EQUAL) 8.2 Hairline or shrinkage cracks (1/32" up to 1/16") A. Apply Sbe!win W1llimm (OR EQUAL) approved eIastomeric butter grade sealant generously over the center of the crack. Use a broad knife or a brush and "feather" the material to either side of the crack so as to go from 1/16" to 0, over a 2" area. 8.3 Cracks (1/16" up to 1/4") A. Do not attempt to repair cracks caused by structural deficiencies in the building. Non structural movement cracks can range from 1/16" to in excess of 1/4". Rout out cracks larger than 1/16" to 1/4" wide by 1/4" deep. Flush with water. Prime with Sherwin Williams Loxon acrylic Primer. (OR EQUAL) Insert bond breaker tape. Fill joint completely with Sherwin Williams approved butter grade sealant. (OR EQUAL) Refer to product data sheets for specific application and recommendations. 8.4 Sound all masonry cracks to determine bond substrate. IfhoUow sound or disbonding is present, Painting Contractor shall notify Owner or Owner's agent before proceeding. 9.0 Seauencinl! and Schedulinl! 9.1 Due to the activities (Special Events) at the Convention Center, Vet)' limited areas will be assigned to the Contractor. The Contractor must complete all phases of the work, inclnding the inspections during the work, and have entire areas signed off as acceptable prior to being assigned additional work areas. 9.2 Special Event dates and times will change due to Owner's commitment. Contractor must stop wOIk and/or proceed as directed by Owner and/ or his representative. (Work Stoppages will be at no additional cost to Owner/City. Scheduling of the Work will be discussed at the Pre-Construction Meeting and an Agreement will be made between the General Contractor (Awardee) and the Owner.(CMB) BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 57 PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 9.3 During Ownet's "Special Events", Contractor must stop as requested by Owner and Clean-up and/or remove all equipment. Contractor may not restart without written pemrission from Owner. 9.4 Contractor will provide a Construction Schedule per fucility with a Phasing plan for each phase of the project. 10.0 Public convenience and safetv 10.1 Contractor will completely fence off and/or secure all designated work areas so that people outside of his work forces cannot gain access. Contractor is responsible for all security of said areas. 10.2 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 the residents along and adjacent to the Work in a manner satisfactoI)' to the Engineer. MateriaIs and equipment stored upon the W 0Ik shaI1 be placed so as to cause as little obstruction as possible and shall be lighted and barricaded. 10.3 All permits required for Work to be performed, including but not limited to work in public right-of-ways and other Work otherwise outside the Owner's property line will be procured and paid for by the Contractor. 11.0 Delivery. storal!e. handlinl! 11.1 Deliver all materiaIs and equipment i> job site in unbroken containers bearing manufucturer's brand, product name and nwnber plus color designation. 11.2 Store materials and equipment at site in properly ventilated and secured areas assigned for this pmpose. The Contractor will be responsible for his own on site trailer and storage. All receiving, opening and mixing shall be done in this location. 11.3 Comply with manufacturer's recommendations as to environmental conditions under which MateriaI can be applied. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 58 PAINTING AND WATERPROOFING THE MIAM1 BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 11.4 The Contractor will make arrangements with the Building Manager (SMG) for any/all required storage trailers, for materials and access to the areas where work of the Contractor is to be performed. Contractor is responsible for the security of his own on site storage trailer and paint equipment, including any type of lifts. 12.0 InsDections 12.1 The work, equipment and material under this contract is subject to in..<pect:ions by Owner or Owner's representative. 12.2 Scaffolding erected over 21eveIs high must be inspected and certified by a company that is qualified to inspect and certify same. A certified copy must be presented to Owner for his review and acceptance prior to actual wOIk starting at this location Quantity of scaffolding erected must not exceed amOlmt that can be taken down within a 48 hour period. This must be done by Contractor and when the scaffolding is re -erected, it must then be certified and accepted by Owner (at no additional cost to Owner). 13.0 Products 13.1 All materiaIs shall be one of the following or an equal approved by the Owner in advance and in writing. No substitution of materiaI or supplier shall be made without speciJic approval. All coating materials or for each type of surface shall be the product of a single manufacturer. A. Exterior masonry Penetrating sealer: Sherwin Williams Loxon Pigmented (OR EQUAL) (I) coat Finish coat: Sherwin Williams Super Paint Exterior Flat (OR EQUAL) (1) coat BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 59 PAINTING AND WATERPROOFING TIlE MIAMI BE-ACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS B. Exterior wood Primer: Sherwin Williams Weather Perfect Wood Primer (OR EQUAL) (I) coat Finish: Sherwin Williams Industrial Enamel High Gloss (OR EQUAL) (1) coat C. Exterior metal doors, windows, and awnings Primer: Sherwin Williams DTM Bonding Primer (OR EQUAL) (I) coat Finish: Sherwin Williams DTM Industria1 Gloss Coating (OR EQUAL) D. Exterior metal raiIings, hatches and 1adders Primer: Sherwin Williams Kem-Kromik Industrial Metal Primer (spot prime) (OR EQUAL) Finish: Sherwin Williams Industrial Enamel (OR EQUAL) (I) coat E. Concrete Stain H&C Shield Plus Acrylic Concrete Stain (OR EQUAL) BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAM1 BEACH 60 ., PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFICATIONS 14.0 Paint Warranty 14.1 Upon Completion and Acceptance of the entire project as specified in the Technica!SpecifiC<llions, the Paint Manufacturer must furnish at a minimum, a Non Pro-Rated Seven Year Warranty on the stucco acrylic paint. The Warranty must provide a mininnnn of seven (7) years of quality service and workmanship from the date of project acceptance, for protection against peeling, blistering, crncking or other deterioration of the surface caused by defects in the paint system 15.0 Contractors resooDsibllities 15.1 The contractor shall arrange with the Building Manager (SMG) for working space, space for trailers for materials and access to the areas where work of the Contractor is to be performed. 15.2 The contractor, once stuting the work, shaI1 continuously and expeditiously proceed with vigorous prosecution until completion. 15.3 All stages, ladders, Iifts, etc., shaI1 be stored and secured at the end of each work day. 15.4 Unusually porous substrate may affect coverages and require additional application of materials. 15.5 The contractor shall obtain all permits. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 61 \ PAINTING AND WATERPROOFING THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS TECHNICAL SPECIFlCATIONS 16.0 Buildinl! responsibilities 16.1 Owner is to be responsible for the removal of all vehicles on building grounds, in order to prevent possible paint spattering from scaffold, lifts or workmen on ladders. 16.2 Owner shall supply electrical service for equipment and water for building cleaning and clean up. 16.3 Owner shall notifY General Contractor and Paint Manufacturer's representative in writing, of any changes or deviations (before, during or after the project has commenced) from these technical specifications that may have a direct or indirect bearing of the manufacturer's issuance of a warranty. Deviations shall be construed as. but not Umited to: A. Changes in scope of work B. Deletions of sealers or primers C. Substitutions of materials or procedures, etc. BID NO: 35-00/01 DAlE: 0~/23/01 CITY OF MIAMI BEACH 62 \ DMSION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined fimctions 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 departtnent heads, the city attomey, chief deputy city attorney and all assistant city attorneys; however, all depaI1mental personnel when acting in connection with administrntive bearings shaI1 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 term specifically includes the principal as well as any agent, attomey, officer or employee of a principal, regardless of whether such lobbying activities fiill within the nonnaI scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master bearings and administrntive 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)nDefinitions generally, ~ 1-2. BID NO: 35-00/01 DAlE: 051Z3/01 CITY OF MIAMI BEACH 63 .. Sec. 2-482. ~O[L (a) All lobbyists shall, before f'!I1g>'ging in any lobbying activities, ~ with the city clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (l) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration fonns, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. ( c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identifY all persons holding, directly or indirectly, a five percent or more ownership interest in such coIpOration, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be descnbed 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 nwnber. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shaI1 file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shaI1 be required prior to October I of eveI)' even-nwnbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, eveI)' registrant shaI1 be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section sbaII 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 divisiO[L There sbaII be no fee required for filing a notice of withdrawal, and the city manager shaI1 waive the registration fee upon a finding of financiaI hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, BID NO: 35-00/01 DATE: 05123/01 CITY OF MIAMI BEACH 64 whether direct, indirect or contingent, to express support of or opposition to any item, sbaII not be required to register with the clerk as required by this section. Copies of registration forms shall be finnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92) 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 shaI1 not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborilood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shaI1 not be required to register, nor shall any agent, atlomey, 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 atlomey, shaI1 maintain signed sign-in logs for all non-city employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6, 6-17-92) Sec. 2-485. List of expenditores. (a) On October I of each year, lobbyists sball submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the precetling calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a marmer substantiaIly simi1ar to the logS prepared for the state legislatore pursuant to F.S. ~ 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. BID NO: 35-00/01 DAlE: 05/13/01 CITY OF MIAMI BEACH 65 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 shaI1 investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shaI1 report the results of the investigation to the city commission. Any alleged violator shaI1 also receive the results of any investigation and shaII 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 pmhibit 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: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 66 OMSION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prolnbition 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, 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 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, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shaI1 be reimposed until such time as the manager makes a subsequent 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 conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid docwnents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerksball make copies avai1able to any person upon request. (b) Audit contracts. (I) "Cone of silence" is hereby defined to mean a prolnbition on: (a) any communications regarding a particuIar 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 regarding a CITY OF MIAMI OEACH 67 BID NO: 35-00/01 DAlE: 05/23/01 -- 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 or her staff. Notwithstanding the foregoing, the cone of silence sbaII not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (bX3) and (bX4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLL or bid for audit services after the advertisement of said RFP, RFQ, RFLL or bid At the time of the imposition of the cone of silence, the city manager or his or her designee shaI1 provide for the public notice of the cone of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to 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 recommendation back to the city manager or staff for further review, the cone of silence shaI1 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. (3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (ill) from engaging in contract nego1iations with city staff following the award of an RFP, RFQ, RFLL or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for pmposes of seeking c1arification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid docwnents. The bidder or proposer shall file a copy of any written communication with the city clerk The city clerk shaI1 make copies available to the genernI 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 meeting regarding action on any audit contract The city manager shaI1 include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violation&'penalties and procedures. An alleged violation of this section by a particular bidder or proposer shaI1 subject said bidder or proposer to the same procedures set forth 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 divisioc. shall be proIubited 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 shaI1 subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shaI1 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: 35-00/01 DATE: 05/23/01 CITY OF MIAMI BEACH 68 "., ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled- "Debannent of Contractors from City Work" reading as follows: Division s. Debannent of contractors from City work. Section 2-397 Purpose of debarment. (a) The City shaI1 solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City wOIk may be mdertaken. (b) The serious nature of debannent requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for pwposes of punishment. Debannent shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions. (a) Affiliates. Business concerns. Ol'gllni:rntions, lobbyists or other individuals are aftiIiates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which resuIts from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity org;mi7ffl by a debarred entity, individual, or affiliate following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 69 \ (c) Contractor means any individual or other legal entity that: (I) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminaI offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and in limited instances specified in this ordinance. a bidder or proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection G) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Conunissioners, to evaluate and ifwammted. to impose debarment, (g) .~8fJ8IttieMltee Greater weight of the evidence means proof by information that, compared with that opposing it ,leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal offense. An infmmation or other filing by lMJJPdmt authority charging a criminaI offense shall be given the same effect as an indictment. (/) Legal proceeding means any civil judicial p!()CPl"Lling to which the City is a party or any criminaI proceeding. The term includes appeals from such prlX"PMinW'. (j) List of debarred contractors means a list compiled, maintained and distributed by the Citys Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399 List Of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shaI1: (1) Compile and maintain a cwrent. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: 35-00/01 DAlE: OS/23/01 CITY OF MIAMI BEACH 70 .. (2) Periodically revise and distnbute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) included in the List shaI1 be the name and telephone nwnber of the City official responsible for its maintenance and distnbution. (b) The List sbaII indicate: (I) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority: (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license nwnber. when applicable; (7) The person through whom the contractor is qualified. when applicable: (8) The name and telephone nwnber of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures. maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof. to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List: and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400 Effect of debarment. (a) Debarred contractors are excluded from receiving conlracts, and departments shall not solicit offers from. award contracts to, or consent to subcontracts with these contractors. unless the City Manager determines that an emergency exists justifYing such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5nths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives subcontractors or partners of other contractors. BID NO: 35-00/01 DAlE: 051Z3/01 CITY OF MIAMI BEACH 71 (b) Debarred contractors are excluded from acting as individual sureties. Section 2-40 I Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for ProposaIs (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-40S(h) below. except that if a City department bas contracts or subcontracts in existence at the time the contractor was debarred, the debarment period may commence upon the conclusion of the contract. subject to approval of same be Snths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contracts. or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control. and such action is approved by Snths vote of the Mayor and City Commission at a regularly scheduled. meeting. (d) No further work shaI1 be awarded to a debarred contractor in connection with a continuing contract. where the WOlX is divided into separate discrete groups and the City's refusal or deniaI of further work under the contract will not result in a breach of such contract. Section 2-402 Restrictions on subcontracting. (a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifYing such consent. and the Mayor and City Commission approves such decision, by snths vote. at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP. RFO. RFLI, or bid. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 7Z -: Section 2-403 Debarment. (a) The Debarment Committee may, in the public interest. debar a contractor for any of the causes listed in this ordinance. using the procedures outlined below. The existence of a cause for debarment. however. does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors. shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing affiliates of the contractor. if they are (I) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404 Causes for debarment (a) The Debarment Committee shaI1 debar a contractor for a conviction or civil judgment, (I) For commission of a fraud or a criminaI offense in connection with obtaining. attempting to obtain, performing, or making a claim upon a public contract or subcontraCt. or a contract or subcontract funded in whole or in part with public funds: (2) For violation of federal or State antitrust statutes relating to the submission of offers: (3) For commission of embezzlement, theft, forge!)', bribery. falsification or destruction ofrecords, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal ~ing. and a comt determines that the lawsuit between the contractor and the City was frivolous or filed in bad fuith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow. a bidOOr or proposer) based upon a greater weight of the evidence, for; (I) Violation of the terms of a City contract or subcontract. or a contract or subcontract funded in whole or in part by City funds. such as failure to perform in accordance with the terms of one (I) or more contracts as certified by the City department administering the contract; or the failure to perform. or unsatisfactorily perform in accordance with the terms of one (1) or more contracts, as certified by an independent registered architect. engineer. or general contractor. (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty. BID NO: 35-00/01 DAlE: 05123/01 CITY OF MIAMI BEACH 73 Section 2-405 Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shaI1 transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment. as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager sbaII forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the person or persons which prepared the report. present evidence and argument to the Debarment Committee (c) Notice ofproposa1to debar. Within ten working days of the Debarment Committee having receivedthe request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shaI1 issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service. containing the following infonnation: (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction( s) upon which it is based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shaI1 also advise the contractor that it may be represented by an attorney, may present docwnentary evidence and verbal testimony, and may cross- examine evidence and testimony presented against it (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actuaI debarment. (d) No 1ater than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the Iist,in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grnnt or deny an extension of time, and for good cause, may set asidethe waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 74 ". (e) Hearsay evidence shall be admi...."hL- at 1be hearing but shaI1 not fmn the sole bIR5 for ~ a debarment procedure nor 1be sole basis of any determination of debllIment, The hearing shaI1 be transcribed. taped or otherwise recorded by use of a court reporte., at 1be election Committee and at 1be expense of1be City. Copies of1be hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is 110 genuine dispute over 1JIaIeria1 facls, the Debarment Coounittee shall make a dPri.m on the basis of all the undisputed. material information in the admini!llJ1ltive record. including any undisputed, materiaI submissions made by the contractor. Where actions are based on di"l"rted evidence. the Debannent Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the greater weight of the evidence standard. The Debarment Conmrittee shaII be the sole trier of fact. The Committee's decision shall be made within ten (10) wOIking days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The C.nmmu-'s decision shaI1 be in writing and shaI1 incIude the Committee's liIctuaI ~, the principal causes of debmment as enwnerated in this ordinance. idenlification of 1be contractor and all named affiliate: affected by the decision, and the specific term. including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (I) If the Debannent Committee decides to impose debarment. the City Managa- sbaII give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) wOIking days of the decision. specifYing the reasons for dehaYT11P.nt and including a cqlY of the Cotmnittee's written decision; stating the period of debannent, including. effilctive dates; and advising that the debarment is effective throughout the City departments. (2) Ifdebmmentis not imposed, the City Managershal1notifYthe contractor and any named affili_. by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of 1be Debo.illellt Coannittee shaI1 be final and sbaII be effective on 1be date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the AppeIIate Division of 1be CiraJit Court. A debarred contractor may seek a stay of the debarment decision in lIC(X)rdance with 1be Florida Rules of AppeIIate Procedure. Section 2-406 Period of debarment. (a) The period of ~ imposed shaII be within the sole discretion of the Del-....,,~d: Committee. Debarment sbaII be for a period commensurate with 1be seriousness of the cause(s), and where applicable, within the guidelines set forth below. but in no event shall exceed five (5) years. BID NO: 35-00101 DATE: 85113/81 crrY OF MIAMI BEACH 75 ., (b) The following guidelines in the period of debarment shaI1 apply except where mitigating or aggravating circumstances justify deviation: (I) For commission ofan offense as described in subsection 2404(aXI); five (5) years (2) For commission of an offense as described in subsection 2404(aX2): five (5) years. (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)(4): 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. (c) The Debannent Committee may, in its sole discretion. reduce the period of debarment, upon the contractor's written request. for reasons such as: (I) Newly discovered material evidence: (2) Reversal of the conviction or civil judgment upon which the debarment was based: (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. 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 renwnbered relettered to accomplish such intention, and the wOld "ordinance" may be changed to "section", "article," or other appropriate word. CITY OF MIAMI BEACH 76 BID NO: 35-00/01 DAlE: 05123/0 I SECTION 4. REPEALER, All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day ofMarch,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 35-00/01 DAlE: 05123/01 CITY OF MIAMI BEACH 77 ., Sec. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS. (a) General. (I) No person who is a vendor to the city shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shaI1 solicit or receive any campaign contribution from a person who is a vendor to the city, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. (2) A fine ofup to $500.00 shall be imposed on eveI)' person who violates this prohibition. Each act of solicitation, giving or receiving a contnbution in violation of this paragraph shall constitute a separate violation. All contributions received by a candidate in violation of this paragraph shall be forfeited to the city's general revenue fund (3) A person who directly, or through a member of the person's immediate family, or through a political action committee, or through any other person makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from transacting business with the city. This prohibition on transacting business with the city may be waived only in the manner provided hereinbelow in subsection (b). (4) As used in this section: a. A "vendor" is a person who transacts business with the city, or has been approved by the city commission to transact business with the city, or is listed on the city manager's approved vendor list. b. A "contnbution" is: I.A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of value, including contributions in kind having an attnbutable monetary value. 2.A transfer of funds between political committees, between committees of continuous existence, or between a political committee and a committee of continuous existence. 3.The payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such services. BID NO: 35-00/01 DAlE: 05/23/01 CITY OF MIAMI BEACH 78 4.The transfer of fimd.s by a campaign treasurer or deputy campaign treasurer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate. (b) Conditions for waiver of prohibition. The requirements of this section may be waived for a particular transaction by city commission vote after public hearing upon finding that: (I) An ope~to-aII sealed competitive proposal has been submitted and the city official/done has in no way participated in the determination of the bid specifications or bid award; (2) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering into a transaction which would violate this section but for waiver of its requirements; (3) The business entity involved in the proposed transaction is the sole sowce of supply within the city; or (4) An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as detem1ined by a five-sevenths vote of the city commission. Any grant of waiver by the city connnission must be supported with a full disclosure of the subject campaign contribution. (c) Applicability. This section shaI1 be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section. (Ord. No. 2000-3244, ~ 1,5-10-00) BID NO: 35-00/01 DAlE: 051Z3/01 CITY OF MIAMI BEACH 79