HomeMy WebLinkAboutAcousti Engineering Company
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INVITATION TO BID
CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
BID No. 37-00/01
BID OPENING: June 26, 2001 AT 3:00 PM
A PRE-BID CONFERENCE IS SCHEDULED FOR 2:00 PM. ON JUNE 12,2001
AT THE FOLLOWING ADDRESS:
~BEACHCONVENnONCENRR
FOURTH FLOOR EXECUTIVE OFFlCE
1901 CONVENTION CENRR DRIVE
~ BEACH, FLORIDA
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
CITY CLERK
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
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PROCUREMENT DMSION
CITY OF MIAMI BEACH
INVITATION TO BID NO. 37-00/01
NOTICE TO CONTRAcrORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, Wltil3:00 pm. on the 26th day ofJune, 2001 for:
CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
Scope of Services: The work specified in this bid consists of furnishing all labor, machinery, tools, means
of transportation, supplies, equipment, materials, services necessaIy for the replacement/supply and
installation of Ceiling Tiles; remove and discard of all existing ceiling tiles in West Wrap Lobbies, Ballrooms,
Meeting Rooms & the Executive Office Area, Skywalk West End and Center Pod I & 3 Level Areas.
At time, date and place above, bids will be publicly opened Any bids received after time and date specified
will be retUrned to the bidder unopened
A Non-mandatory Pre-Bid Conference has been scheduled for 2:00 p,m, on June 12,2001 at City of
Miami Beach Convention Center, 4th Floor Executive Offices, located at 190 I Convention Center Drive,
Miami Beach, FL 33139. Although this is a non-mandatory pre bid, it is highly encouraged for
Contractors to attend this pre-bid to have a full understanding of the scope of the work
Bid Specifications are available at the office of the Procurement Director, 1700 Convention Center Drive,
3rd Floor, Miami Beach, Florida_
A Bid Bond offive (5%) percent of the bid amount will be required The successful bidder will be required
to ftnnish Perfonnance and Payment Bonds, each in the amoWlt of one-hWldred (100"10) percent of the
conlIact amount.
Package request fonns are available by calling City of Miami Beach Procurement Division's
DemandStar,com system at I (800) 711-1712 and requesting Docwnent #373
Any questions or clarifications concerning this Invitation to Bid sha1l be submiaed in writing by mail or
facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX:
(305) 673-7851 _ The bid title/number shall be referenced on all correspondence, All questions must be
received no later than seven (7) calendar days prior to the scheduled bid opening date, All responses to
questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO
QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE,
The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the City
of Miami Beach, or waive any informality in any bid The City of Miami Beach may reject any and all
bids,
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CITY OF MIAMI BEACH
YOU ARE HEREBY ADVISED THAT TIllS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164, A COPY OF ALL
WRITTEN COMMUNlCATION(S) REGARDING TIllS BID MUST BE FILED WITH THE
CITY CLERK.
YOU ARE HEREBY ADVISED THAT TIllS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETIDCS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT TIllS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
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Gus Lopez, CPPO
Procurement Director
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CITY OF MIAMI BEACH
CITY ~ 1700 CONVENTION CENTER DIWE _IIEACH, FLORlDfo 331.
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COMMISSION MEMORANDUM NO, Cf3~/
TO:
Mayor Neisen 0, Kasdin and
Memben oC the City Commission
DATE: July 18,2001
FROM:
Jorge M. Gouzalezt'\ _ .~
City MaDllger 0"" \)
SUBJECT:
Request Cor Approval to Award a Contract to Aeoust! Engineering Co. oC
F1oridalnc., iD the Amount oC 5497,000, Punuant to Bid No. 37-00/01 Cor the
Ceiling Replacement Cor the Miami Beach Convention Center.
ADMINISTRATION RECOMMENDATION
Approve the award,
BID AMOUNT AND FUNDING
5497,000 Funding is available from the Miami Beach Convention Center Capital Account
No, 441.2293,069358.
NOTE:
Funds in the amount of S5oo,000 were originally appropriated in FY20001200 I. Per the City
Col!lIllission request for balance updates to be presented with Convention Center capital project
requests, current preliminary ligures through June 30, 2001 show SI4,729,469 disbursed. with an
additional S2, 752, 794 encumbered for projects in progress. The total fimding available was
$35,000,000 with 510,000,000 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 purcllase at its April 24 meeting, and approved moving the project for.wrd.
FUND
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OVAL
AGENDA ITEM
caA.
7-/8' -() I
DATE
Mana
Budaet
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Bid No. 37-00101
Page 1Wo
July 18, 2001
ANALYSIS (CODtlnUed)
This work consists of furnishing all1abor, machinery, tools, means of transportation, supplies,
equipment, materials, services necessary for the ceiling replacement for the Miami Beach
Convention Carta, The Contractor will remove and discard all existing ceiling tiles, and supply 8IId
install approximately 170,000 slf ofoew 24" x 24" x 3/4" tile in the west wrap lobbies, ballrooms,
meeting rooms & the executive office area, west end skywalk, Center Pod 1&.3 level areas, and
21,000 slfin Ballroom D.
The contractor will be substantially completed with the work within forty,five (45) calendar days,
and the entire work will be completed within sixty (60) 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%) percent of the contract price,
Invitation to Bid No, 37-00/01 was issued on June 5, 2001, with an opening date of June 29, 2001.
A non-mA"datnry pre-bid conference and site inspection was held June 1~2ool. DemandStar,com
issued bid notices to one-thousand,five-hundred,seventy (1570) prospective bidders, resulting in
seventeen (17) vendors requesting bid packages, which resulted in the receipt of two (2) responsive
bids,
Acousti Engineering Co. of Florida lnc, has submitted the lowest bid at $497,000, Addendum No,
2 was issued, so that prospective bidders could submit a bid to replace damaged ceiling grid
members (unforeseen conditions) not covered in the scope of work. Should this condition exist, the
contractor will provide this work at $27 pIh (labor) and 12% above his cost for the required
materials, Ceiling Tile and Grid Replacements have a 30 Year Limited Lifetime Warranty that the
products shall be free from manufacturing defects and that the suspension systems shall be free from
the occurrence of 50% red rust,
References have been checlce(j with Rating Source and Dun &. Bradstreet and this Contractor comes
highly recommended, The infoIDllltion provided, indicates that this contractor has been in business
fifty-six years as a General Contractor, and provides quality work and completes all jobs within the
required completion dates,
Based on this analysis, the City recommends that the contract be awarded to the lowm responsive,
responsible bidder, Acousti EDgineeriDg Co. 01 Florida Ine.
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Bid No. 37-00101
Pace Three
July 18, 2001
BID TABULATION
Item Description Acousti Engineering Co. Molen Gray
A Lump Sum $497,000,00 $500,000,00
B Replace
Damaged Grid
Members nol
Specified in
scope of work
Labor: P/Hour $27.00 $38,00
% Above Cost
for Materials 12% 12%
GRAND TOTAL $497,000,00 S5OO,OOO.OO
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Bond ~Oh'uumuu_mU_'U'h_'_'"
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD.112OJ
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,u ,,~,~~!!_~~_~..,~.'.~!!!_~~~E~.'.'_!!_.~,~!'I'_~.'.'I..()L~,~,()!:_1.~~..u_m_.u_ u__m'hum'h__mou_.'___uouu,..ouu,_.....,_..."",,__....,
9330 N. W. 100th Street
_..~...u_u..u_..__.............u..u__.......___u........__nuu__.....n............nn..............................nu................_._.........__.._.._......_.._..._...
.._,.ou___ou~,'!.!!!,'!.h_.f.r:-..,ou_}}.u'~um..._..._'_.....U..'..h...' as Principal, (hereinafter called the "Principal"), and
the FIDELlT\C ASD DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized
under the laws of the State of Maryland, as Surety, (hereinalter called the "Surety"), are held and firmly bound
unto__"'''hf_!:!:y._u 9L,~_~_~~,!:..~_~~S,~_._uuu__u,_.._uou.._,..._u..___...._m_ _..,._'ou._u,'..ouu___,_ouuu_ou__._'ouu...ou._..__...,.........,.__..
..,._........._".,.'...'__um_.__'.",ou_u..u,.,_._,u_u.__,...,_ou_"OU_'__m_"'_'_'_ ______u_..'ou __as Obligee, (hereinafter ca1led the "Obligee"),
in the sum ofu..~!V.~_u~~~~~~!..J?~_L~~~!___B.!?u___"'u__m_'_'.'_____uu..,u_m_h,_oum_"Dollars ($__:-,,:5~:_::......._....),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, biad ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents,
WHEREAS, the Principal has submitted a bid fOL,_u__uou_h_.._..uo_u..,_ouou__'huohh._ououhh....'uo...._._....'u......u..
_,_._,..~!:!:L.~r]l_~,~,~~_..B.~,~,,!:'uoB._!:~_,_~_?::'O_9._.._ouuou_,..,._ouuu_..uonu.h_.'uouuUhuouonhUOOUhumn'nh.'._OUOUuh_UOnn..n...._uo
1700 Convention Ctr. Dr., Miami Beach, FL 33139
_,__,__,~~_~.!J~g..u~,!:_~~..,_~_~p.,~,~~_~_'!!~~t:,_u~9.~_,_'l'_~_~_,.foI~_il_'!!,i,___~_~_a.<::':1ou~_~_r1~E!,ll_~_~~~.__~,~.r..:_.,.~}~P'.,},7/.0 0.. C 1
Scope of Work: Acoustical Ceilings
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of su~h bid and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn
the work covered by said bid, then this obligation shall be null and void, otherwise tll remain in full force and effect,
. ,21st June 2001
Signed and sealed thlsu.'.'..mm_ ,n..._u...._._u__mu__.._um__u__u..day of__,.._m___,_.._"uuuu.uu__mum.uo,uu.A,D.
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ACOU INEERING CO. OF FLORIDA
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Principal
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FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SlIrety
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Attorney-in-Fact
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ApprowcI by Tbe American IQstitute 01 Architects.
A.J...\. Documeat No. A.JIO February 1970 Editioll_
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227. BALnMORE, 1m 21203-1227
Know ALL MEN BY lHESE PRESENTS: That lbe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
Ul..,o..non of lbe State of Maryland, by M. J, ANDERSON, Vice President, IIId T, E, SMInI, Assistant Secretary, in
pursuance of authority grIIIIed by Article VI. Section 2, of lbe By,!..aws of said Company, which are set forlb OIl the revene
side hereof IlId are hereby c:ertified to be in fUII forl:e IlId effect 011 lbe dIle hereof, cIoes hereby 1IOlIIioate, CCllISlitute md
appoint Klrk N. BRAMLETI'. James E. BRADBURY, Deb A. aR DR.. Y. ALLEN, an of Jacksoavme.
Florida, EACH its true and lawfUl agent md AlloI'IIey,in-F. make, , scalaod deliver, for, and OIl its behalf as
surety. and as its act IlId deed: any aad aU bonds and kings execution of such bonds or undertakiDgs in
pursuance oflbese presents shaIl be as binding upon sai y, as d amply, to all intents and purposes, as iflbey
had been duly executed and acknowledged by lbe lected 0 of lbe Company at its office in Baltimore, Mcl, in
lbeir own proper persons. This power of attorn okes lb~~ Cd on behalf of Kirl< N. BRAMLEIT, James E_
BRADBURY, Debra A, SHAFER, and Donna Y. iE, ~~mber 4, 1999,
The said Assislant s.....llut cIoes bereby~ ~ 00 the reverse side heRof is a 1nIe copy of Article VI.
Section 2. of the By-Laws of said Company, in ~
IN WITh'ESS WHEREOF, the said V' ideot Mtl..~istant Secretary have hereunto subscn'bed lbeir names and
~~~_ Corporate Seal Of::~ ~8PoSIT COMPANY OF MARYLAND, this 3rd day of October,
iiJr ~ R;;:it~rrCO:AHYOF~
T. E Smith ~ tan/ Secretory M J. Anderson Vh:e President
State of Maryland} ,
County of Baltimore 55_
On this 3rd day of October, A,D, 2000, before the subscriber, a Notary Public of the Stale of Maryland, duly
commissioned and qualified, came M, J, ANDERSON, Vice President, and T, E_ SMITH. Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 10 me penonally known 10 be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same. and being
by me duly sworn. severally and each for himself deposelb and saith, that they are the said officers of the Company aforesaid.
and thaI the scaI affixed to the preceding instrumc:nt is the Corporate Seal of said Company. and thaI the said Corporate Seal
and their signatures as such officers were duly affixed and subscn'bed to the said instrumenl by the authority and direction of
the said Corporation_
IN TESTIMONY WHEREOF, I have hereunto sel my hand and affixed my Official Seal the day and year first above
written,
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Carol J. F oder Notary hb/ic
My Commission Expires: August I, 2004
POA-F 031-3028C
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BID No, 37......1
BID PROPOSAL FOR
CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 1 OF 5
PROPOSAL OF
Acousti Enqineerin9 ~n nF ~l~p;~s I"~
(Name)
9330 N,W, 100th st" Medley, Fl, 33178
(Address)
(FOR)
Constructing the improvements designated and descnbed in the atlached Notice to Conttactors, and
which said Improvements are designated as the CEll..lNG Tll..E REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER and more particularly set forth herein,
SUBMIlTED 6-29
20~
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the W1dersigned, hereby declare that no person or persons, linn or corporation other than the
W1dersigned, are interested in this Proposa1. as principals, and that this ProposaI is made without coUusion
with any person, firm or corporation, and we have carefully and to our full satisfilction examined the
attached Notice to Contractors, General Provisions, Specifications for Materials and Construction
Methods, Supplemental)' o,nditions, and form of Contract and Bond, toge!her with the accompanying
Plans. and that we have made a full examination of the lOOltion of the proposed Wode and the sources of
supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transpor1ation,
tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the WOlt,
fully understanding that the quantities shown in the Notice to Conttactors and ProposaI are approximate
only, and that we will fully complete all necessary work in accordance with the Plans and the atlached
Specifications, and the n:quiIements unda' them of the Fng;n...r within the time limit specified in this
ProposaI for the following unit prices to-wit
BID NO: 37-40101
DATE: 06111101
crry OF MlAMlIlEACB
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BID No. 37.-.1
BID PROPOSAL FOR
rim JNG mE REPLACEMENT FOR.1BE
MIAMI BEACH CONVEN11ON CENTER
I'ROI'OlSAL PAGE Z OF 5
AD tid ikmI au iD::Iude aJSlS h ti~ b lbe Oty all.. ' :..~ aq\Iip...... and "lJl'lies and ir aD 00lIt
inaJmd in ~Iding the v.uk. in;:1uding ......,~ c:f a111111biak. equ;....a.. and gJRlIies 1lL.dAi.
ccmplete in place and ready fca' CODlinued 9fI'Vice, in;:Juding all til>-in ~ and lleSliog. all other Iatxr.
pennit Res. l3Xes, iMIIance. ~II,.......... C05tS, ovabead and pro&.
The ConIr.Ictor sha1I be Su~' C...~ with the Work "iddD fur1y five (45) c:aIendlIr da~
after the dare v.iIen the Cm!r.ICt Tune o.....~.ces to nm ~ pn:Mded in p"~....~. 2,3 of the r-.-..I
Cooditions, and U.llJ~ and ready for fina1 payIl8Il in accm:!.aB:e v.;1b ~...,h 14,13 of the GeIa:ll
Conditions within Dty (60) caleudar days lifter the date when the Contract 11me _aces to
nm.
Provide alllablr, equipment. material.. and supeMsion MCG,sa.y to pgfuuuthe full exIlItt of the \Wrk as
described Iuein:
l.un1J Sum:
$ 497.000,
Four Hundred ninety-seven thousand dollars.
WItien AIDomIt
Replace Da...I.ltgM grid members. not
spedfled in tile scope ohmrk
S 27 per-hour (labor)
, 2 % (abM: allil fir ma/I:riaIs)
BID NO: J7~1
DAlE: 06l%liiOl (AaIonded)
an- Of'MIAM1I11:AC11
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BID No, 37-eoJOl
BID PROPOSAL FOR
CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 3 OF 5
No. 2
6-26-01
ERSON SIGNING BID
AD
ADDENDUM
No. 1
J:;_.,1 -01
Bidder acceplS all of the llm1S and conditions of the Bidding Documen1s, irduding without 1imi1ati0ll those
dealing with the disposition of the Proposal Guaranty_
In submitting this Proposal. Bidder makes all representations required by the Instructions to Bidders and
further warrants and represents that:
a_ Bidder bas examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal
Requirements and Conditions, and the following Addenda (receipt of all which is hereby
acknowledged):
b_ Bidder bas familiarized itself with the naIW'e and extent of the Contract 00cuItM:nts, Work Site,
Locality, and all Local Conditions and Laws and Regulations that in any manner lI'.ay affect cost,
progress, performance, or furnishing of the Work.
c, Bidder bas studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions which are identified in the Supplementary Conditions ~ provided in Parngraph
4.2 of the General Conditions, and accepts the determination set forth in Parngraph SC-4,2 of the
Supplementary Conditions of the extent of the technical data contlined in such reports and
drawings upon which Bidder is entitled to rely,
d, Bidder bas obtained and carefully studied (or assumes responsibility for OOrnming and carefu1ly
studying) all such examinations, investigations, explorations, tests and studies (in addition to or to
supplement those referred to in (b) above) which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the
Contract Price. within the Contract Time and in accordance with the other llm1S and conditions of
the Conlract Documents, including specifically the provisions of Paragraph 4.2 of the General
Conditions; and no additional ell'lUninarions, investigations, explorations, tests, reports or simiJar
infonnation or data are or will be requim1 by Bidder for such purposes,
BID NO: 37-00101
DATE: 06101101
ClIY OF MIAMI BEACH
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
ht1p.\Ici._m~be""",ft,...
PROCUREMENT DIVISION
T....."..... (305) 1n-7_
F...imll. (305) In-m1
INVITATION TO BID NO, 37-00/01
ADDENDUM NO.1
June 21, 2001
Ceiling Tile Replacement (or the Miami Beach Convention Center is amended as follows:
t. The Bid Opening date is changed (rom June 26, 2001 to June 29, 2001 at 3:00 P.M,
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
ProcW'ement Director
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.millmi-bMch.fl.ua
PROCUREMENT IlMSION
Tolo"""", (305) US-74M
Foalftlllo (305) 17S-7IS1
INVITATION TO BID NO. 37-00101
ADDENDUM NO.2
June 26, 2001
Ceiling Tlle Replacement for the Miami Beach Convention Center is amended as
follows:
I. The following are answen to questions from prospective bidden
1. Q. Will the City of Miami Beach acrept an alternate or equaI reiIing tile?
A. The City only will accept an alternate or equal that meets or exceeds the
required bid specifications.
2. Q, Does this bid have spaces that need grid replacement in addition to the tile?
A. The Ballroom "D" requires the removal and discard of the existing ceiling
grid and tiles. Install new 24" x 24" ceiling grid system. Install new 24"
x 24" x 3/4" White Armstrong Ultima Ceiling #1912 HumiGuanl plus or
equal. (see Attachment I)
3, Q, Clarify the Scope of the Work as it pertains to the location of work; West Wrap
Lobbies, BaIhooms, Meeting Rooms and the Executive Office Area, Skywalk End
and Center Pod I &3 level areas,
A. The location of work is specified in the bid document under location. This
includes west wrap lobbies, ballrooms, meeting rooms, executive office
areas, skywalk west end, center pod lint and third levels. The East side is
not included as part of the scope,
>> Restrooms are not included.
>> The only rooms that will require new grid and tile are rooms
D128,129, 130 and 131 of BaBroom "D".
>> Contractor is responsible for furnishing trash dumpsten.
4. Q, Is all material that's to be demolished and discarded Asbestos free? Will the
Crovention Center be able to furnish an asbestos Smvey and Clean Air Certificate
prior to demolition?
A. To the best of our knowledge all materials to be demolished and discarded
are asbestos free, thus not reqnlring any asbestos surveys.
Bid No. 37-00101
Addendum No.2
Page 2
5. Q, Will the CIOlIIractor be required to replace damaged grid """"hers? How will the COlIInIClor
be compensated for the same?
A. Bidden shall submit their bid for the replacement of damaged grid memben
not specified In the scope of work for labor and materials cost (see Attachment
II)
6. Q, Is the contractor to install tile in the existing grid at its present levelness (or )lOSSIble lack
thereot)?
A. The scope of work does not require leveling of the grid.
7. Q, Does this bid include any insulation above ceiling?
A. Insulation above the ceiling Is not part of this bid.
8. Q _ Does this bid include any upgmdes to the suspension system, Mtrlumir.al System, Electrical
system, Fire Suppression, Fire AIann, etc,?
A, The bid does not Include any upgrades to the suspension system, mechanical
system, electrical system, fire suppression or fIre alarm.
9. Q, In Ballroom ''0'' where contractor will be instilling new grid, will ALL sprinkler beads, AC
diffusers, speakers, and lights need to be centered as they exist row in the 4'x4' grid? If so,
this will require rework of the electrical lights, sprinklers, etc,
A. Contractor Is responsible for all workmanship necessary to center all sprinkler
heads, ale diffusers, speakers and lights.
10, Q, Is it fair to asswne that any room presently without ceilings will not receive new ceilings?
A. Specifications call for ceiling tiles to be replaced where ceiling tiles currently exist.
11. Q. Who will be liable for the protection of the flooring and furniture removal?
A. Contractor wID be responsible for any and all damage to furniture or flooring,
12. Q, Will the Convention Center allow us to use bi lifts on carpeted areas and other rooms with
other floor finishes?
A. Contractor Is responsible to perform all work specified In a professional manner.
The contractor wID assume totaillabDlty for any/all damages to carpets, walls,
flooring, doors, etc. F1nal acceptance and payment wID not be approved until the
complete working area Is left In a satisfactory working condition. (see Section 7.14,
Contractor ResponslbDlty for Work)
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Bid No. 37-00101
Addendum No.2
Page 3
13. Q. Will any ceiling diffiJsers be replaced?
A. This bid does not entail any replacement of diffusen unless the contractor
damages them during ceiling tile replacement. Should the contractor damage any
ceiling diffusen, the contractor must replace at contracton cost.
14. Q. Will there be any code upgrndes to the HV AC system?
A. There Is no HV AC work involved in this scope of work, other than the contractor
will be responsible for replacing and installing ceiling tiles and grids as per the bid
specifications.
15. Q. The bid requires samples ofmalerials to be used. The ceiling di1fusers are specia1izedImad
to order items. Will the purchase of these items be part of the "extra work" clause?
A. No, see Answer #13.
D. Clarifjcation: The contractor is responsible for removal and replacement of ceilings and grids as
specified in the scope of work. The contractor will be responsible for any damages to fixtures of
any kind. The Convention Center will determine if the damage is to be repaired or replaced (see
Section 7.14, Contractor Responsibility for Work)
I. Replace: Page 51 with Amended Page. (Attachment I)
IV. Replace: Proposal Page 2 of 5 with Amended Page. (Attachment m
Bidders are required to acknowledge this addendmn on Proposal page 3 of 5, and sball submit a complete
copy of this and aU addenda with their bid, or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
/i ~
~../r
(/- ...~-
I, '--
Gus Lopez, CPPO
Procurement Director
Ie
Attachment 1:
Attachment IT:
Amended bid specifications page.
Amended Proposal Page 2 of 5.
"
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CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
ITEM DESCRIPTION: CEILING TILE REPLACEMENT
Location:
West Wrap Lobbies, BaUrooms, Meeting Rooms & the Executive
Office Area, Skywalk West End and Center Pod 1 & 3 Level Areas.
Specifications :
Remove and discard of all existing ceiling tiles in the above specified locations.
Install new 24" X 24" X ',4" White Armstrong Ultima Ceilings #1912 HumiGuard
Plus ceiling tiles. (or Equal)
Square footage Is 170,000 excluding the D. BaUroom area.
D Ballroom Area:
Remove and discani eltisting ceiling grid and tiles. InslaIl new 24" x 24" ceiling grid
system Insta11 new 24" X 24" X ',4" White Armstrong Ultima Ceilings #1912
HumiGuard Plus ceiling tiles. (or Equal)
Square footage is 21,500.
Total square footage is 191,500
· Selected Contractor must submit manufacturer's specifications and samples of the tiles, before any
work is commenced.
· All required permits are to be gathered by the contractor.
· Contractor must coordinate all work according to MBCC event scbedu1e.
(Will be discussed at the Pre-construction meeting to the Contractor who is A warded this
project)
BID NO: 37-60/01
I)Al1nE:06/25/01 (~
CITY OF ML\MI BEA.CH
51
Attachment I
..
..
BID No. 37-00101
BID PROPOSAL FOR
CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 2 OF 5
All bid items sbaI1 include oosls for furnishing to the City all material, equipmc:m. and supplies and for all cost
incurred in compleling the work, including in..mllation of all materials, equipment, and supplies furnished,
complete in place and ready for continued service, including all tie-in work and testing, all other labor,
permit fees, taxes, insurance, miscellaneous costs, overhead and profit
The Contractor sball be SubstantiaUy Completed with the Work within forty five (45) calendar days
after the date when the Contracl Time commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General
Conditions within sixty (60) calendar days after the date when the Contract Time commences to
run.
Provide all labor, equipment, material, and supervision necessary to perform the full extent of the work as
described herein:
Lump Sum:
$
Written Amount
Replace Damaged grid members, not
specified in the scope of work
$
per-hour (labor)
$
% (above cost for materia1s)
Bm NO: 37-60/01
DAl TE: 06/26/01 (,4,......1od)
CITY OF MIAMI BEA.CH
5
Attachment n
\
\\
BID No. 37~1
BID PROPOSAL FOR
CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE" OF 5
e. Bidder has reviewed and checked all informaIion and daIa shown or ~ in the ConIract
Documents wilh respect to elriclit1g UIJdr..5'uUDd Fa:i!iIies at or 0llIIIigu0us to the sill: m13SSlD11CS
.=yuuSibi1ity for the accwate 1ocaIion of said Undetground Facilities. No additiona1 elU'minations,
investigations. explorations, ll:sls, reports or similar infonnatiOll or daIa in respect of said
Undclgrotmd Facilities are or will be n:quired by Bidder in order to perform and furnish the Wodc
at the Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract DocumenIs, including specifically the provisions ofParngraph 4.3 of the
General Conditions.
f Bidder has correlated the results of all such 00servati0ns, examinaIiom, investigatiom, exp1oralions,
tests, reports and stUdies wilh the terms and conditions of the Contract Documents.
g. Bidder has given the City wriam notice of all cooflids, errors or disaepancies that it has discoYmd
in the Contract Documents and the written resolution thereof by City is acceptIble to Bidder.
SIGNATURE:
~ Acousti Engineering Co. of Fl. Inc.
nTLElPRINTED N
Manager. Bill Carballo
ADDRESS: 9330 N.W. 100th St.. Medley, Fl. 33178
TELEPHONE NUMBER: 305-887-1007 FAX: 305-884-4175
Bm NO: 37~1
I)AlTE: 061.1111
CITY OF ML\MI BEA.CH
7
\.
\
BID No. 37.-,01
BID PROPOSAL FOR
CED.JNG TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
PROPOSAL PAGE 5 OF 5
The IIIIlicrsigned ftII1ha' agrees to ....rta:w all nee: i "Extra Work", as Jmvidcd for in the Genaal and
Supplementary Provisions and 10 execute the """"'-i CooIract within la1 (J 0) ca1endar days after the dale
on which the Notice of A ward has been given. The IIIIdcrsigned further agrees to commence work IIIIlier
this Contract within seven (7) days foUowing the date indicated on the Notice to Proceed by the City and
10 Substantially Complete the Work and 10 fu11y and Finally Complete the Wark with the Contract Time
period as stipulated in the Agreement The tmdersigned further agrees to pay as liquidated damages for
each consecutive calendar day that passes after the Contract Substantial Completion date that the Work
is not substantially completed, and for each consecutive calendar day that passes after the ContrdCt Final
Completion date that the Work is not completed and ready for fina1 payment, the amounts of liquidated
damages being as stipulated in the Agreement The lIDdersigned further agrees to furnish sufficient and
satisfilctory bond in the SlDD of not less than (J 00%) one-lrundred percel'J of the contract price of the work.
The undersigned further agrees to bear full cost of maintaining all work until the fina1 acceptance, as
provided in the General Provisions.
A'"""I""lying this Proposa1 is a Bid Bond made payable to the City of Miami Beach, Florida in the sum
of
5' of amount bid
DoUars S
24.850.
Bid Bond is to be forl'eired as 1iquidated damages if; in case this Proposal is accepled, the tmdersigned sba11
tail to execute the attached Contract under the conditions of this Proposal; otherwise, said Bid Bond is to
be returned to the undersigned upon the ~ Satisfilctory Bond.
Signature & Title ~ ~ '" t1L!.tJ.., ,r
I
Address
9110 N W 'nn~h ~~ . Mealey. Fl. 33178
Telephone Number
305-887-1007
Bm NO: 37~101
I)AlTE: 06101"1
CITY OF MII.MI BEA.CH
.
CONTRACTOR'S OUISTIONN~
NOTE:
Information supplied ill respoue to tlIs questionaalre II lubject to verUleatloa.
I_~ or iDcompIefe answers may be grounds iIr dilqualUkatloa from award
of this bid.
Submitted to The Mayor and City Commission of1be City ofMiamj &aclt, F1orida:
By Acousti Enqin....rinq Cn nf Flnriila Tn,.,
Principal Office 4656 34th Street-Sw, Orlando. Fl. 32811
How many YCll'S has your organization been in business as a Genera1 Contractor under your present
business name? 56
Does your O1'gl'ninrion have curn:nt occupa1ionallicenses entitling it to do the work contemplated in this
Contract? Yes
State of Florida occupational license - state type and number: L 0 1 1 3 0 0/ 0 6 5 9 0 1 - 2
Dade County certificate of competency - state type and number: CG-C020791/ State of Florida
General Contractors License
City of Miami Beach occupational license - slate type and number: N A
Include copies of above licenses and certificates with proposal.
How many years experience in similar work has your organi2ation had"
(A) As a General Contractor 56
(8) As a Sub-Contractor 56
(C) What contracts has your O1'gl'ninrion completed?
Contract Amt Class of Work When Comoleted Na:neJAddress of Owner
Rynilll" $4. nnn. nnn (".,i 1 ing". J;>1""'T'ii.Walls.5-2001. Turner Const. 305-860-
Pnr~ nf Mi~mi ~nn.ooo C..ilinq", Wall" S-2001, Chase Const. 8600
305-597-8700 Dave Whelpe,'
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company
name or anodIer company name) due to liIilure to comply with contractual
specifications, ?
. N'n
If so, where and why? N - A
Has any officer or partner of your organizaIion ever failed to complere a consnuction contract hand1ed in
his own name? Nn
Bm NO: 37."1
I)Al TE: 06101/01
crrv OF MIAMI BEA.CH
9
.",
\ ..
If so, stale name of individual, name of owner, and Rl8SOII 1bceof N I>
In what ocher lines ofbusioess lift: you financially ;.a.~ or engaged? F I 00 r i no; 1
nryw~". ~pA~i~'~;Aa. ~A"ap,l ~Qr~
Give refb".-.- as to experience, ability, and financia1 stmding See Enclosure
~yhihi+- po
What equipment do you own that is available for the proposed work and where located?
Skaffolds tools. laser levels. safetv eauioment
9330 N.W. 100th street, Medly Fl n17R
What Bank or Banks have you arranged to do business with during the course of the Contracl should it be
awarded to you? First Union National Bank
See Exhibit A for cont~ct
Please list the names and addresses of the subcontractors to be used for the portions of the work listed
below.
Thunder Electrical
Air Shoppe
Eunisis Drywall Corp.
Wiginton Fire Sprinklers
I HEREBY CERTIFY that the above answers lift: lIUe l!!l<i conect.
(SEAUENNIFER VERAS
NOTARY PIJllUC. STA1i OF FlORIDA
COIIIISSlON NO. CC 114128
SSlON EXI'IAES AUG. 28, 2004
WESTEIlN SURETY COIlPAHY
Bm NO: 37-ooJOl
I)Al1nE: 06111111
crrv Of M1AM11IEAlCH
II
\
\
\
CEBJNG TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CENTER
CUSTOMER REFERENCE LISTING
Cwr.p,.'s shaD furnish the names, dL: . 811d 1Ie1epbooe IIIII11b:n ofa minitnnn offuur(4) firms or
goo... ...~.r oqpmi-v- fur wbich the c.macllll' is amaIlIy Ii~ or has furnished, similar seMces.
I)
Compmy Name
Turn@r CnnRt.ruc~inn ~n
Address
2500 S.W. 3rd Avenue, Miami, Fl. 33129
ContactPerson/ConIractAmount Richard Schuerger $250,000
Telephone Number
305-860-8690
2)
Company Name
CG Chase Construction
Address
8491 N.W. 17th Street, Miami, Fl. 33126
Contact Person/Contract Amount eave Whelolev S450.000
Telephone Number
305-597-8700 or 305-381-6886
3)
Company Name
Herman Construction Services
Address
10291 N.W. 46th st. Sunrise, Fl. 33351
Contact Person/Contract Amount Tom Hp-rm",n $28'>,000
Telephone Number
954-749-1800
4)
Company Name
Codina Construction
Address
355 Alhambra 8th FI.Coral Gables FI 33134
Contact Person/Contract Amount Hector Rodriauez $290,000
Telephone Nwnber
30'>_'>20_'414
Bm NO: 37-80181
I)AlTE: 06101101
CITY OF MIAlMIIIEAlCH
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~OEPARTMENT OF BUSINESS AND
'-_.' '. PROFESSIONAL REGULATION
tG -C02019\ 06/1~/2000 99902258
tERTIFIEO GENERAL t~TP.ACTOR
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OCCUPATIONAL LICENSE
Must be dlIplayed al ~ of bull"",
No, LOll300
( Xl FuR Vw. Uc:enN
( ) One-half V...... Uc:enN
S 125.00
In conlllderallOn of ilia 111m of
ACOUSTI ENGINEERING COMPANY OF FLORIDA
Dollars
BuslnelS AddTaIS: 9330 NW l00TH ST. MEDLEY. FL 33178
MalHng Addrna: 9330 NW l00TH STREET MEDLEY. FL 33178
Ia hereby IIcenMd to engage In the OCCI lpallon of
ACOUSTICAL INTERIOR SUBCONTRACTOR
wlIh the foflowlng reatrIclIonI:
NO OUTSIDE STORAGE Of EQUIPMENT OR .....TEA1AI.S
NO LMNG ON THE PREMISES,
from 0C:I0bel' 01. 20 00 10 SepIember 30. 20 01
IIIbjec1IO the plO...IM. of Town of Medley Ordinances and..... and Ct1Ut'Iy regulations now
In Ioree.
Note: THIS LICENSE DOES NOT CONSTrTUTE A CERTIFICATION THAT THE LICENSEE
IS OUAllRED TO ENGAGE IN THE BUSINESS OR OCCUPATION SPeCIFIED
HEREON.
TOWN OF MEDLEY. FlORlDA
Dale:
2127101
By:JdI.l.h~~ ~~ ~--
Town Clarlc
,
;
., \e)C~'''tt ~ I' C/?~)
ACOUSTI ENGINEERING COMPANY OF FLORIDA
FINANCIAL HIGHLIGHTS
YEARS ENDED OCTOBER 31, 2000 AND 1199
WORKING CAPITAL
2000 1999
S 132,311,05 I S 109,119,624
2,603,481 3,731,660
975.45 1,398.15
33,159,055 30,555,574
S 12,423.77 S 11,448.32
8.17 % 12.96 %
S 32,169,733 S 29,510,811
2.78:1 2.98:1
NET SALES
NET INCOME
NET INCOME PER SHARE (I)
STOCKHOLDERS' EQUITY
BOOK VALUE PER SHARE
RE1URN ON AVERAGE STOCKHOLDERS' EQUITY
CURRENT RAllO
(1) Net income per share is calculated based on shares issued less tRa$ury shares.
..
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111:14071_
"14071_
-- .-... ~ -
Deloltte
BrTouche
INDEPENDENT AUDITORS' REPORT
To the Board of Directors of
Acousti Engineerins Company of Florida:
We have audited the ac:c:ompanying balanc:e sheets of Acousti Engineering Company of Florida (the
"Company") as of October 31, 2000 and 1999, and the related stalements ofnet income, stockholders'
equity and cash flows for the years then ended. These financial statements are the responsibility of the
Company's management. Our responsibility is to express an opinion on these financial statements based
on our audits.
We conducted our audits in accordance with auditing standards generally &lX:epted in the Uniled States of
America. Those standards require that we plan and perform the audits to obtain reasonable assurance
about whether the financial statements are free of material misstatement. An audit includes examining,
on a test basis, evidence supporting the amounts and disclosures in the rmancial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management, as well
as evaluating the overall rmancial statement presentation. We believe that our audits provide a
reasonable basis for our opinion.
In our opinion, the rutanCial statements referred to above present fairly, in all material respects, the
financial position of the Company as of October 31, 2000 and 1999, and the results of its operations and
its cash flows for the years then ended in confonnity with accounting principles generally accepted in the
United States of America.
Our audits were conducted for the purpose of fonning an opinion on the basic financial statements taken
as a whole. The additional information listed in the table of contents is presented for purposes of
additional analysis and is not a required part of the basic rmancial statements. This additional
infonnation is the responsibility of the Company's management. Such information has not been
subjected to the auditing procedures applied in our audits of the basic financial statements and,
accordingly, we express DO opinion on it.
c..~~ 1 T~~ '-L-~
January 12, 2001
..
DeIoItte
Touche
Tohmatsu
-2-
\
Acousn ENGINEERING COMPANY OF FLORIDA
~IHEETI
~TOIER 11, 2000 AND ,...
C 1111' .dS IICCiYlblc . eec
zooo till
S 11)20)17 S 12.~29
21,2)2.012 22.014.919
3.016.136 2.942.01&
5,121.696 5.2S5.209
1,105,034 702.141
759,011
671.675 174.961
50,226.651 44,421,424
1.964,761 2.023,615
214.034 206.465
S 52.405.460 S 46,651.574
ASSETS
CURRENT ASSETS:
Call1IIId CIIIl equMIcals
CoIls IIId cstiJMled amiap ill excess ofbillillp 011 uncomplcled conlnClS
Ja,.._ics . . Iowcr of COSl, 011 a fonl-in. finI_ basis. or maltCl
EmpIo)_ ra:civabla, cIcposits, IIId ocher ISSCIS
Plepaid IIId rdiandlble ~ lallOS
Dcf'cmd ~ lallOS
Tocal cumnI_
PROPERlY AND EQUlPMEHT - NCI
I>EFERRED INCOME TAXES
TOTAlL ASSETS
UABlUTlES AND STOCKHOLDERS' EQUITY
CURRENT LlAlBn.lT1ES:
AccouDlS payable
BilliDp ill excess of COSlS ond CSlimaIcd eaminp OIl uncomplcled conlnClS
Accrued """'P""eotl<lllllld rdaIcd lIXos
Accrued wockcn' com.,...-w. liability
Olhcr ICCI'IIed e<pen-
Current portion of 1001__ obliptions
Current ponioa of dcfcmd compensI!iOll
lacomc lIXcS payoble
Tocal cumnl1iabilitics
LONG-TERM OBUGATlONS -less CUI1'CIII poI1ion
I>EFERRED COMPENSATION - less _ parIion
COMMrTMENTS ANI) comtN<iENClES (NoIe 9)
STOCKHOLDERS' EQUITY:
Common IIOCt. SI00 pII' value: IIIIhorizI:d 4,000 shan:s, issued 3,090 shares
AdditioaaJ ..-;d-i11 capital
R__ ...uncs
T.-.ry IIOCIt -. COSl, 421 shares
Tocal........JooIdoos' equity
rorAlL LlABILlT1ES ANI) STOCKHOLDERS' EQUITY
S 5,461,050 S 3,761,523
3,527,116 2.493.229
7,137,199 7,036.n7
900,555 111.141
332,570 325.715
57.895 57,895
39,140 36.912
326,641
11,056,925 14,911.613
217,104 274.991
972,376 910)89
309.000
271,044
31:064.421
(1,095.191)
30,555,574
S 46.658.574
309.000
m.044
33.667.902
(1.09'.191 )
33,159.055
S 52.405.460
See DOCCS 10 &..IciaI .. ~ - ...
..
-3-
ACOUSTI ENGINEERING COMPANY OF FLORIDA
STATEMENTS OF NET INCOME
YEARS ENDED OCTOBER 31, 2000 AND 1119
Gross profil
2000 1119
S 132,311,051 S 109,119,624
104,349,166 12,715.117
27,961,115 26,403,107
21,014,166 11,051,615
3, I 02,504 2,693,171
24,116,670 20,752,416
3,712,215 5,651,321
421,619 354.143
4,203,134 6,005.464
1,504,636 2,170.091
95,717 103,713
1,600,353 2,273.104
S 2,603,411 S 3,731,660
NET SALES
COST OF SALES
OPERATING EXPENSES:
General and Idministrative
Indirect administrative costs
INCOME FROM OPERA nONS
OTIIER INCOME. Net
INCOME BEFORE INCOME TAXES
PROVISION FOR INCOME TAXES:
Current
DefeJTed
NET INCOME
See notes to fUlllllCial statements.
.4.
..
\
ACOUSTI ENGINEERING COMPANY OF FLORlD~
STATEIIIEJCn OF ITOCICHOLDERS' EQUITY
YEARS ENDED OCTOllER 11. 2000 AND 1_
Addltlona. Total
Common PaJd.ln Traaaury Ita cld1old.,.'
ItDck Caplla/ Stock EquIty
BALANCE.OCTOBEIl31.1991 5309.000 52'11.044 527.332.161 5 (904,931) 127.014.17.
Net income 3,731. 3.731.660
Purc:hues ofllaSuly Ilock (691,717) (691,717)
lssuallce ofllaSuly Ilock S07.757 S07.757
BM.ANCE.OCTOBEIl31.1999 309,000 271.044 31,064,. 1 (1,095.191) 30.555.57.
Net income 2.603. I 2.603..1 I
Purc:hues of lIaSuIy Ilock (542.130) (542.130)
Issuance of lIaSuIy Ilock 542.130 542.130
BALANCE. OCTOBEIl3\, 2000 5309.000 5271.044 533.667. 5 (1.095.19\) 533.159.055
See DOla 10 finIncial_
-5-
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ACOUSTI ENGINEERING COMPANY OF FLORIDA
STATEMENTS OF CASH FLOWS
YEARS ENDED OCTOBER 31, 2000 AND 1119
Net cash used in financing activities
2000 1"'
S 127,130,919 S 107,222,005
(125,688,046) (102.923,342)
(69,127) (65.825)
490,746 420,019
(2,593,523) (1,902,132)
3,176 27.465
(725,855) 2,"7,490
2,798 1,956
(576,742) (507.147)
9,751 5,923
(564,193) (499,968)
(57,894) (67,480)
(542,830) (698,717)
542,830 507.757
(57,894) (258,440)
(1,347,942) 2,019,082
12,668,329 10,649,247
S 11,320,387 S 12,668,329
CASH FLOWS FROM OPERAltNG AcnvrnES:
Cash received fiom customers
Cash paid to suppliers and employees
Interest paid
Interest income m:eived
Income taxes paid
Income tax refunds m:eived
Net cash (used in) provided by operating aaivities
CASH FLOWS FROM INVESltNG AcnvmES:
Proceeds &om maturities of marketable securities
Payments for pun:hases of property and equipment
Proceeds from sales of property and equipment
Net cash used in investing activities
CASH FLOWS FROM FINANCING ACTIVITIES:
Repayments oflong-tenn obligations
Purchases of treasury stock
Proceeds &om issuance of treasury stock
NET (DECREASE) INCREASE IN CASH
AND CASH EQUIVALENTS
CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR
CASH AND CASH EQUlV ALENTS, END OF YEAR
I
(Continued)
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.6.
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"
ACOUSTI ENGINEERING COMPANY OF F~ORlDA
STATEMENTS OF CASH FLOWS
YEARS ENDED OCTOBER 31, 2000 AND 1_
\
RECONCIUAnON OF NET EARNINGS TO NET CASH
(USED IN) PROVIDED BY OPERAllNG ACTIVITIES:
Net income
Adjustments to reconcile net income to Del cash
(used in) provided by operating activities:
Depreciation IIId amortization
Gain on sale of property IIId equipment
Provision for deferred income lUes
Increase in contract receivables
(Increase) decrease in costs IIId estimated earnings
in excess of billings on uncompletecl contracts
De.:rease (increase) in inventories
Increase in employee receivables, deposits, and other assets
Increase in prepaid IIId refundable income taxes
Increase in accounts payable
Increase (decrease) in billings in excess of costs and estimated
earnings on uncompleted contracts
Increase in accrued compensation and related lUes
Increase (decrease) in accrued workers' compensation liability
Increase in other accrued expenses
Increase (decrease) in deferred compensation
(Decrease) increase in income lUes payable
Net cash (used in) provided by operating activilies
See notes to ftnanClal statements.
.7.
2000 1199
S 2,603,481 S 3,731,660
629,555 525,693
(3,647) (306)
95,717 103,713
(6,147,023) (2,211,397)
(74,748) 298,268
133,513 (181,785)
(404,984) (30,593)
(759,O18)
1,699,527 44,596
1,034,587 (54,490)
701,172 535,308
21,714 (34,823)
6,785 82,948
64,155 (325,545)
{326,64I) 294,243
$ (725,855) S 2,777,490
1
(Concluded)
\
\
ACOUSTI ENGINEERING COMPANY OF FLORIDA
NOTES TO FINANCIAL STATEMENTS
FOR THE YEARS ENDED OCTOBER 31, 2000 AND 1"'
1. NATURE OF OPERATIONS AND SUMMARY OF SIGNDlCANT ACCOUNTING POUCIES
NtltllU "I 0pG IIIItIIu - Ac:ousti Engineering Company of FIoricIa (the "Company; was incorporated
on Febnwy 12, 1946. The Company is a subcontnM:tor primarily engaged in various phases of interior
finishing such as ceilings, walls, and flooring systems for commercial, industrial, and institutional
buildings. The Company operates 17 branches located in Florida, Texas, Tennessee. and North
Carolina.
Opertltlng Cycle - Assets and liabilities related to long-term contracts are included in current assets and
current liabilities in the ac:c:ompanying balance sheets, as they will be Iiquidaled in the normal coune of
contract completion, although this may require more than one year.
Uu 01 Est/mtltes - The preparation of financial statements in conformity with ac:c:ounting principles
generally ac:c:epled in the United StaleS of America requires management to make estimates and
assumptions that affect the reported amounts of assets and liabilities and the disclosure of contingent
assets and liabilities at the date of the financial slalements, as _II as the reported amounts of revenues
and expenses during the reporting periods. Actual results could differ from those estimates.
Reve"~ l1li4 CAst Recognition - The Company rec:ogniz.es revenues from construction contracts on the
percentage-of-completion method, measured by the percentage of cost incurred to date 10 estimated
total cost for each contract. This method is used because management conside~ cost expended 10 be
the best available measure of progress on these contracts.
Contract costs include all direct material and labor c:osts and related burden c:osts and those indirec:t
costs related to contnM:t performance, such as indirect labor, supplies, tools, repairs, and depreciation.
General and administrative costs are charged to expense as incurred. Provisions for estimated losses on
uncompleted contrac:ts are made in the period in whic:h such losses are determined. Changes injob
perfonnanc:e, job conditions, estimated profitability and final conlral:t settlements may result in
revisions to costs and income and are recognized in the period in which the revisions are determined.
The asset, "Costs and estimated earnings in excess of billings 01\ uncompleted conlral:ts," represents
revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and
estimated earnings 01\ uncompleted contrac:ts," represents billings in excess of revenues recognized.
Settlements from disputed claims and contrac:ts are recognized as revenue when proceeds are received.
CIISIr l1li4 Calr Eflliwden" - Cash and cash equivalents include cash 01\ hand, 01\ deposit, and short-
term investments with original maturities of three months or less. Certain cash ba1anc:es 01\ deposit are
in excess of lnlounts covered by insurance under Federal Deposit Insurance Corporation regulations.
!
CofllrllCts ReuiNbIe - Contract receivables consist primarily of large groups of smaller-balance
homogenous acc:ounts that are collec:tively evaluated for impairment. The allowance is based on the
collection hiSlOly of1he Company. The Company believes that all such allowances are adequate.
Proputy l1li4 Efllipmeld - Property and equipment are stated at c:05l. Propeny and equipment under
c:apilalleases are stated at the 10wer of the present value of minimum lease payments at the beginning
of the lease term or fair value at the inception of the lease.
..
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Depnciatioa 011 propeIt)' and equipaleat is calc:uiatecl asina stniaht-liDe and ICCCIcrIfed 1DdIlods _
the foIlowiD& estimated usefulliva: .
Buildinp
AutoaIOtive equipment
Toois and equipmellt
Off'1CC Nmiture and ftxtures
1G-27 years
5 yars
3-10 years
3.7 years
Leasehold improvements are amortizecl_ the tcnn of the .~ve leases. The builcliac under
capitalized lease is amortized usinS the straipt-line method over 20 years. Accumulated depreciation
of the buildinS under capitaliease was S197,500 and S742,500 at October 31, 2000 and 1999,
respectively.
1111:0_ TIIUS - The Company accounts for income taxes under the asset and liability method. Under
this method, defened income taxes are rec:opized for the tax consequences of temporary differences by
applyinS enacted statutory rates applicable to future years to differences between the financial
statement carryins amount and the tax basis of existing assets and liabilities. The efl'ec:t on deferred
taxes of a change in tax rates is rec:opized in income in the period that the change in rate is enacted.
RedllSSlflClltiollS - Certain amounts in the 1999 financial statements have been reclassified to confonn
to the 2000 presentation.
2. CONTRACI' RECEIVABLES
Contract receivables at October 31, 2000 and 1999 are summarized as follows:
Billed on completed and in-progress contracts
Retentions
2000 199'
S 19,279,890 $ 15,292,417
9,473,728 7,292,180
28,753,618 22,584,597
521,606 499,608
S28,232,012 $22,084,989
Less allowance for doubtful a<:c:ounts
3. BILLINGS. COSTS, AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACfS
Billings, costs, and estimated earnings on uncompleted contracts at October 31, 2000 and 1999 are
summarized as follows:
2000 1999
Costs incurred on uncompleted contracts
Estimated earnings
S56,38I,n8
11,128.735
$ 73,803,325
12,184,741
Less billings to date
85,988,066
86,499,046
67,510,513
67,061,654
S (510,980) S 441,159
..
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This Iaformatioa is included ill tbe eceomplllyins balance sheets Ullder tbe foIlowinS captions:
_ 1"'
Costs IftcI cstim-.l earninp in acess of billings
0II1111C0111p1eced COOill acts
Billinp in excess of costs and estimated earnings
OIIl111COl1lpleted c:ontncts
$3,016,136
3,527,116
$2,942,011
2,493.229
$ (510,910) $ 441.159
4. PROPERTY AND EQUIPMENT
Property and equipment at Oclober 31, 2000 and 1999 are summarized as follows:
Less accumulated depreciation and amortization
2000 1999
$ 1,676,498 $ 1,505,167
1,100,000 1,100,000
1,113,662 1,021,140
717,783 730,004
772,153 708,735
184,921 184,921
86,813 86,813
5,722,530 5,337,480
3,757,762 3,3 13.795
$ 1,964,768 $ 2,023,685
Automotive equipment
Building under capital lease
Leasehold improvements
Tools and equipment
OffICe furniture and fIXtures
Buildings
Land
Depreciation expense of$629,555 and $525,693 was recognized for the years ended October 31, 2000
and 1999, respeaively.
S. ACCOUNTSPAYABLE
Aeeounts payable include amounts due to subcontractors totaling $1,379,209 and $421,610 at
October 31, 2000 and 1999, respectively, which have been retained pending completion and customer
acceptance of jobs.
6. EMPLOYEE RETIREMENT PLAN
The Company has a profit sharing plan covering all employees who meet the eligibility requirelllents of
one year of continuous service and have attained the age of 21. Contributions are made at the discmion
oftbe Board of Directors and were $800,000 for each of the years ended October 31, 2000 and 1999.
..
- 10.
7. LONG-TERM OBUGAnONS
At October 31, 2000 IIJci 1999,lbe CompanY'1 Ions-term obliptions COIISist ollhe foIiowiq:
2OCIO 1...
c.pitaIlease obliption for. buildina with . pIrUlerShip owned by
tbne offtcers oflhe Company bearina interest at 6.10%. Monthly
lease payments ofSI4,474 an: pa)'lble until 2005.
S274,799
$332,693
Unsecured $5,000,000 line of credit with. bank, bearing interest at
9.5%. Due on demand, expiring in April 200 I.
200
200
Total
Less currenl portion
274,999
57,895
332,893
57,195
Total long-term portion
$217,104
$274,991
Maturities of long-term obligations, including future minimum capital lease payments, for flSC8l years
subsequent to October 31, 2000 are IS follows:
2001
2002
2003
2004
2005
Thereafter
$ 17,443
13,079
71,717
74,353
54,419
5,764
Total obligations
Less amount representing interest
Less executory costs
313,775
51,362
50,414
Net obligations
Less current portion
274,999
57,895
Long-term portion
$217,104
..
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\
.. INCOMETAXES
Inc:ome tax expense for the )an ended Oetober 31, 2000 and 1999 consists of the followina:
Deferred:
Federal
2000 tilt
$ 1,261,143 $ 1.125,944
243,493 344,147
1,504,636 2.170,091
95.717 103,713
$ 1,600,353 $2.273,104
CUlTellt:
Federal
State
Deferred income taxes reflect the net tax effects of temporary differences between the carrying amounts
of assets and liabilities for fmancial reporting purposes and the amounts used for income laX purposes.
Significant components of the Company's deferred laX assets at October 31, 2000 and 1999 are as
follows:
Long-tenn portion
2000 t199
$ 360,222 $351,536
404,607 371,944
201,642 199,843
(1,446) 105,211
(79,316) (54,101)
115,709 911,426
671,675 774,961
$214,034 $206,465
Deferred tax assets (liabilities):
Accrued workers' compensation liability
Deferred compensation
Allowance for doubtfullCCOUnts related 10 contract receivables
Accrued health insurance
Other - net
Less current portion
In assessing the realizability of deferred tax assets, the Company considers whether it is more likely
than not that some portion or all of the deferred laX assets will not be realized. The ultimate realization
of deferred tax assets is dependent upon the generation of future tax.able income during the periods in
which those temporary differeaces become deductible. Based upon the level of historical taxable
income and projections for future taxable income over the periods that the deferred laX assets are
deductible, management believes it is more likely than not the Company will realize the benefits of
these deductible differences. '
..
.12.
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,. COMMITMENrS AND CONTINGENCIES
UpI ActiMa -The Compllly is iavoIved in ".ious IepllCtioas.... to collection ICtiviIies dtat
have.n.a ill !be ordinary course ofbusiMa. Mile any litiption c:oataills an element oC~inly.
!be Company is of!be opinion dtat none of these IUIIcrS will have alllatcrial advene effect on !be
financial condition or results of operations of !be Company.
Ihllrrd OItrrpnUtIIltItI-The Compllly is COIIImitled under two defemd compensation -.I
nonc:ompetition ...-ments, one with a current oft"JCel' and one with a retired Oft"1Cer of !be Company.
Pursuant to !be tams of each agreement, upon mirement, monthly payments will be made It !be
greater ofS I 0,000, or 10% of the employee's average base saluy during the 36 months preceding the
employee's miremenl (adjusted annually based on changes in the Consumer Price Index).
Under !be terms of the agreement with the retired officer, benefits are payable for the remainder of the
employee's life. The Company has fUlly accl\led estimated lIDounts payable under the deferred
compensation portion of this agreement; the IIOI\tOfI\petition portion of this agreement is considered
essentially a contract for services and, acc:ordingly, such payments are being charged 10 expense as
paid. Monthly payments under both the deferred compensation and IIOncompelition portions of the
agreement commen<:ed in November 1998.
Under the terms of the agreement with the current officer, benefits are payable, upon retirement. for the
remainder of the employee's life or the life of the employee's spouse, whichever is longer. The
CompanyattrUed approximately $101,000 and S86,OOO during the years ended Oc:tober 31, 2000 and
1999. respedively, for the deferred compensation portion of this agreement; the nonc:ompelition portion
of this agreement is considered essentially a contract for future services and, ac:cordingly, such
payments will be charged to expense subsequent to retirement
WDrkers' OImpllISfllio" - The Company has been self-insured for workers' compensation in the Stale
of Florida since June I, 1988. Tbe Company has reinsurance with a self-insurance retention. The self-
insurance retention limits, and the aggregate maximum cost the Company may incur, as a percentage of
standard modified premiums are as follows:
Policy Year MaxImum
Beginning RetentIon Cost
January I, 2000 $ 250,000 100%
January I, 1999 250,000 100%
January I, 1998 250,000 100%
.'
- 13-
\
\
\
()pnttIl1tr (f'<l'5' Tbe Coatpili)' Is obIiptecI.... wriou opelIlIiDa Ieaes for ..III~lIlIe IIld off'lCe
space, which aenenlly require 1be Compuy 10 pay n.ec"IlI)' COlIS. Tbe Ies1on, __ two operating
leases, are pMnenhlps 0WDed by three oft'teen oC1he C_f"U\)' IIld '- oft"lCefI oCtile Complll)' with
monthly lease pI)'IIIClItS of 53,110 IIId SS,IOO, l [ItA ~tively. Tbe Ieaes coacain VIrious _I options
IIld e5('.'Mioa clluses. JleataI expense for all ~ Ieaes MS approximatel)' US 1,000 IIld
S56I,OOO for1be yarencled October 31, 2000 IIId 1999,l'tlpc.:tively.
future millimUl1l rental payments required under _lable opentingleases with terms exceeding
one year are as follows:
2001 S 417,631
2002 311,219
2003 273,762
2004 101,473
200S 69,600
Thereafter S22,OOO
S 1,69S,7SS
10. BACKLOG
The unount of revenue the Company expects to realize from work to be perfonned on uncompleted
c:ontracts ill progress and from contractual agreements on which wort has not yet begun was
approximately S54,664,ooo and 168,406,000 at October 31,2000 and 1999, respectively.
11. SUBSEQUENT EVENTS
Subsequent to October 31, 2000, the Company settled two disputed claims with customen relating to
c:ontracted fees due the Company and impact and delay costs for contracts substantially COIIIpleted prior
10 year-end. The unount of settlements in excess of the unounts recognized as of October 31, 2000
was approximately $1,288,000. which will be recognized as revenue upon receipL
......
1
.'
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Acousn ENGINEERING ciOMPANY OF Fl ..,,~~
.. .
CREDIT REFERENCES
TRADE REFERENCES
Armstrong Wortd Industries 10095660 Josie Hagel 717-396-3490
P.O. Box 3001 , .
LancastElf, PA 17604.. ".,.,
-C;i~ & Bultman."nC.'r_ 105201853 . Buddy Fairc:lolh 904-356~812
. P.O. Box 2815 ' . . "
Jacksonville, FL 32202
Celotex Corporation #C14~5204 Jim Palmer 813~73-1700
P.O. Box 31602
Tampa, FL 33631-3602
Collins & Aikman #163296 Mac Bridger 706-259-9711
P.O. Box 1447 Bob Broda
Dalton, GA 30722-1447
Johns Manville Corporation #047968003 Eldon Sanders 800-644~013
P.O. Box 105545
Atlanta, GA 30348
J & J Industries #10208 Teny Davis 800-241~586
P.O. Box 1287 ext 324
Dalton, GA 30722
U.S.G. Interiors, Inc. #33-174 Jim Surek 312-006-4273
125 South Franklin Street
Chicago, IL 60606-4678
BANK REFERENCE
First Union National Bank #2142000029620 John Stuc:1w;ck 407-649-5232
20 North Orange Avenue
Orlando, FL 32801
INSURANCE REFERENCES
AON Group
9000 Regency Square Blvd.
Jacksonville, FL 32211
Fidelity & Deposit Ins. Co. of Maryland
., North Dale Mabry, Suite 1020
Tamp, FL 33609
St. Paul Fire & Marine Ins. Co.
385 Washington St., P.O. Box 64345
St. Paul, MN 55102
Kirk Bramlett
904-724-2001
.
John Suarez
81U7~
. James Derryberry 800-282-8994
Ext 235
Previous RevIsiOn Date:
Revtsed: 26JUNOO
" 15+*,
~
--=-:r.,...-
Acousti EDglDeeriag Co. orFlorida - Miami OperatioDs
Acoustical Engineers and Contractors
9330 NW 100 Street
Miami, Florida 33178
(305) 817-1007 (305) .....175f'u
Letter Of Transmittal
To: City of Miami Beach
Date: June 29, 2001
Re: Miami Baech Convention Center, Acoustical ceiling Tile Rep1acement
Gentlemen:
We are lOrwlll'llin8:
Herewith X
Under SeponIleCover
via
The FoIlowina:
For the Purposes of: ApprovaIX For your use other
From: Bruno A. Solari, Project Manager, Miami Operations.
!:Ill.
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1. 2 Data Sheets, USG Mars Clima PIus# 86985 ceiling ti1e/ Samples
2. 2 Data Sheets, Donn DXF Fineline C ..
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G. Boll C..baIJo; 1.4........ of~ons .MianU Office
\
Wednesday. July 18. 2001
Mr. Roman Murincz
City of Miami Beach Procurement Division
1700 Convention Center Drive
Miami Beach. FL 33139
Re: Ceiling Tile Replacement at The Miami B.,ach Convention Center
Enclosed. you will find the Warrancy infonnaUon you requested for bid
#37-00/01 from both USG Interiors and Acousti Engineering.
Please contact the undersigned at YOUt earliest convenience to discuss any other
documents you may need.
Thanking you for this opporrunity. I temain.
v cry truly yours.
Acousti Engineering Co. of Rorida, Inc.
G j11ff
Mmager of Operations -Miami Office
GBC/bc
c: Brono Solari
Bid 37-00/01 File
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305-~S4..U 75 FH
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ENGINEERING CO. OF FLORIDA
CGC.Q20791
-INTERIOR CONSTRUCTION SYSTEMS-
CEIUNGS WAlLS FLOORS
9330 N.W. lOO1h Street
Medley. Fl33178
WARRANTY LETTER
July 17,2001
City of Miami Beach
1700 Ccn1l8ltion Center Drive
Miami Beach, FL, 33139
Re: Miami Beach Con1l8ltioo Center Ceiling Tile Replacement
Geutlemen,
As specified, we hereby warrant the Acoustical Ceilings on the above referenced project against
material defects and/or workmanship for a period of one (I) year from the date of substantial
completion '
Regards.
ACOUSTl ENGINEERING CO OF FLORIDA
CLEARWAlER COCOA Fl MYERS
PENSACOlA TAU..AHASSEE
NASHVlu.E, TN
GAlNESVlu.E JACI<SONV1u.E MIAMI ORlANDO
TAMPA WEST PAlM BEACH HOUSTON. TX
CHARlOlTE, NC RAlEIGH. NC
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. Fine. monolithic texture creates ar
unobtruSIVe visual appearance
. Industry s highest light reflectance
ILA 92) ,educes the number of
lighf f.xrures needed. energy usage
and eye strain.
. Excellem noise reduction with NAC
0165. 75 meets general office
acoustICal needs for sauna
absorptKlI'
. Low 'Tlalrtenance panels offer
newly ir~talled look for years to
come
. CuMAf>.C Ufe'lme System
Warrart'j to withstand conaitlOns
up to 104 F (40 'CJi95'1 'elat"e
humidity N1thout VISible s.agNher
tJSe(j wrtl1 USG DON~ Brard goo
. CoITIOO's
. Deoartment stores
. Executive areas
. Offices wrt!1lndlrect lighnrg
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USG CofporatIon
-by
USG Interiors. Inc.
125 Soutr l=r;j,rklir Streef
- -
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lnIIRn.lAt,CJ"a~~
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Warranties and
Limitations
.......... 11._177174.G1ll
~LIlInln_'"
..... SInIcI_lE.41llU
~-_174J13ll1
-.....-
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Plgelo13
All [)()NNeI\JSG SUsPension systems. when used with any USG CE:uNGS' panels or tiles or USG ~ Brand
Gypsum LaY'ln Ceiling Tiles or Gypsum Panels, carry a Iffenrre i3O-year) warranty that our products sI1aIl be free
from manufacturing defects and that tile susPension systems snail be free from the occurrence of 50% red rust.
..- (30--) UIIIIlId WIrnnly
In addition, tile four' CUM4PWS'"lJItra" ceiling panels (MARS' CuMAPr.L6, MuENNiA" Q/MAI'lL6, EClJPSC
CUMAPlL6, and ORION'" 270 Q/MAI'lUSl carry a lifetime (3D-year! warranty agalnst sagging, warping, or shrinklng
when used with any OONN suspenslQ(1 system,
By '1IIetime' we mean the useful life of tile ceiling system, up to a maximum of 30 years,
The warranty periods for these and otller USG products and systems are as fUlIows:
s,o-.w.m.....
. CelIIng s,o-.
CUM4P!.U5UItra Panels & Tile PIUS DONN.1...5G Suspension Systems
.
i a..o.<l.usPanets&"~ plus Do.NIIJSG 5<;sQenS<l!1 Systems
All iJ1tler USG cel!ng Pa~s & "~~Us D<H<<\SJ ~ S,stemS
110
lifetime 30 Years
,SYears
~ 'l'ear
It . .... JyIIIm
; llfetimeJOYears
I
~ lIfetime 30 Years
lifetime 30 Years
___Wl_
PnlCIucIs
QJMAPU.6Ultra PanelS & Tile
Ci..IMAPlusPanels& Tile
All Ottler USG Ceding Par.els & Tile
DCNMJSG StJ~sioo Systems
110
1 QYears
lOVears
~ Year
~syslom
lO"ears
All warrannes are sublect to the lol~ng terms and conditions
_il..-?
Except where stated otherwise on soeclf~ product warranties. all USG warranties cover the oflg",al owner of the
bUilding at the time of Installation.
_will USG clO?
USG will replace the goods or, at our electIOn, we will refund or credit an amount equal to the {original) purchase
pnce of the goods, You must pay the costs of removal and Installation.
__IlllI......,...._
All ceiling products and systems must be installed and meintaJned in accordance with current USG WrItten instruc,
Iior1s and best industJy practiCe, Including the following: ASTM C 636 'Standard Practice for Installation of Metal
Ceiling SustJension Systems for AcoustiCal Tile and Lay,ln Panels,' SHEETTiOCK Brand Gypsum Panefs used WIth tI>e
USG Drywall SuspenslOO System are not covered.
Without Iiminng the generaJity~ the foregoing, you must observe tile following:
. Care must be tai<en that the products are not damaged during delivery and while they are stored at tile job site.
. The products must always be protected from direct COIltact with water, including condensation and corrosive
substances or vapors, bOtt1 before and after ir1Stallation .
,
1.
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...... LIIInlIn 100...
......... SlnlclIOO lISGA1UU
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-- - ' 76705 Wx2'x2' 45 ,33 59 ,92 !16 193
- :_>ign1'.AC 71805 1'12'12' H 46 ,68 54 54 184
_HiIII'tflC 762()1 ],4"12'12' 61 58 '60 82 93 ta9
--- Eon 76775 3/4'x2'x2' '7 33 ' 59 91 !16 ; 90
-- _210 '64111 11?'l2'x4' 73 67 63 81 74 :42
- _270 6627' 3/4'<2'12' 72 64 '62 92 104 . ~ 1.04
--- _27Q 66275 3.4'<2'<2' '3 40 ,63 35 'IJO 90
-- MARs 36185 3,4'<2'<2' 59 46 56 90 87 , 77
- Go.AOO 781 3/4"112"11'1' 57 51 ! 49 77 85" 82
lItl_ ',."""" tal 3/4"112"112:' 63 64 ' '54' 76 68 : 90
'~ 908 3/'"<2'<2' 46 39 63 54 87 : 91
FaI- , I Go.oc>. 707 W<2'x2' 33 30 46 !16 '00 '102
- .F'FossIJlD 1~2 3/4'12'12' '3 31 ! 59 !16 !16 ;95
lItl_ ;'
~ 31 314"x2'Q' Jot 32 ~60 39 !16 ! .97
""" 414 3/4.12'12' 38 Jot '61 !16 92 '95
-- G.;w 715 3/4'12'12' '5 29 60 96 93 L'.95
lit 1_ .F'~ 141 3/4'x2'x2' 37 32 ;67 99 92 ' 92
-- Fissured 562 5.S"1.2'x4' 38 30 38 69 81 . 68
:)mm ,323 518"'(2'x2' .c .24 ;.47 i8 70 55
345 518-.1.2'14' 35 27 '5 71] , 59
3'3 3i4-x2'x4' 35 35 ,65 Sol 65 56
;:lin-"erlorat~11 464 5"'8"'1.2'14' 52 26 41 i5 78 58
""'" 650 3/4"<2'12' ,. 32 51 75 62 66
. DmOlUlus.EtgfltI'2 357Q 3/4")2'-.:4' 35 28 '3 i~ 68 66
::mnlirlus.:WOi24 3575 314"1.2'14" 35 3' 46 67 67 56
Aspenlllus.:'Ml/24 652 Ji4"l.2'x4' 37 29 46 62 64 76
-- ;:iSSl.Jred 566 5/8"'12'14' 36 28 57 33 64 55
- Jmni 339 S.'8"a'x4' 35 29 58 93 77 64
""'" 38.!5 3i4"t;2'1.2' '5 32 58 61 64 55
_1111 Omnl 320 518"112"11" 5C 36 53 63 65 64
SpocIoI- 8oocF.lCE 5638C 518"x2'x4' 38 3' '3 3C 63 62
-- ..c.v...Rc""t!)ertmtedl 56060 518"'x2'x2' 36 32 56 90 66 50
- _8ml~.. 3270 ;/2"'x;2'x4' ,-
...... - OmooHign,'<RC 3173 314"x2'x2' 46 44 70 87 77 82
- 3178 314'"x2'x4' 50 47 62 33 7' ,81
=..- """'Y 7Q13G '-x2'x48'" 58 65 85 1,07 1,05 j87
USG COrporation
-by
lSllnlenors, k1c,
125 SoJth Franklin Street
PO Box 4470
117
-"".-. ';:.~"'-:;,~ ~~-.
III
,
Warranties and
Limitations
.,
...... 1ll1.1177174A1l1l
........lllInilIn 100....
1icIInIcII....1OO USllA1lIU
~.1OO174J11l11
Willi Wll*It
~""""SC2IOZ
Pogo 2a1 3
'10 . .......,... Prior, during, and after Installation the suspension systems (excluding DXlA', DXA', P;X',
lJ.A', ZXlA' and tile lISG Drywall SuspenSloo System) shall be mainlalned In a temperature range of 60,1 04 'F
116,40 'C) and relative humidity shall not exceed 90%, DXlA and DXA shall be maintained in a temperature range
of 60.1 04 'F (16-40 'C) and relative humidity shall not exceed 95%, P;x,lJ.A, ZXlA and the lISG Drywall
SuspenSloo System shall be maintained In a temperature range from 60.104 'F (16.40 'C) and relative humidity
can be up to 100%. TIM! warranty does not cover rusting tIlat occurs from bUilding leaks or condensation,
WIII::...... M.Ili_..4l,.taIllmJb........?
-.. _ CoIIngo Prior, during, and after installation the ceiling tiles or panels shall be maintained free
of chemICal fumes, vibration, and WltIlln a temperature range of 60-85 'F (16-29 'c). Relative humidity shall not
exceed 70%,
Cl.WolI'lI.sClllingl Pnor, during, and after Installation the ceiling tiles or panels shall be maintained WltIlln tile fol-
lOWing conditions and free of chemical fumes' or Vibration. These pl'oducts Include:
IlHO'F(1"32't)
uplD_RIl
IJRiON2'0Q,/MIl.""
ORKJI<220C;,;MAP_""
. .1lM'f(I_'l:)
, uplo_RH
C..fM RooM'" Cl.il44Pu.JSOass 100
C;.:AN RoOM CLMJ.lP'..J5 Class 10M. 1 OOM
FqoS7'" Q.;'MAPL...s
St<EF11ocx Brand L.1Y-ln Ceiling Tile
Q.MAPu.o. ClEAN RooM
,SHE....~8rarla!..ay-'nCeili~TileCLiA4Af\i.5..
MPAl FACE'~ CUMAPtuSPerlorated
ME7AL FACE CLiMAP'...:s Unperforated
OlymPia MiCro ~wJ'I_L6
RAcAA" CJMP/....s
~AflCL'MAPl..;S:III..Sl0n
ReCK FAa:' CLMAP~--S
Reo F4.CE ImpacOOn Q..MAPU.!S
TOlJCI'Istone CUMAPU.(S
. CeramIC QJMAP/.USWtlI WItt1stand COl'l'OSlVe Cl'1emical fumes.
.llM'F(1_'t)
,,,,1095%RIl
. ~c..:AW"..:JSl-lignNRC
~"'llER ~€B"'''' wMAf't..:JS
~GIi-:..:"'wM4P!.:.sTW!11
~\llEll HI"...:: C:..M4FtusKapok
. .llM'f(1_'l:)
uplol_RIl
CeramIC CVMi1P!.i.JS'
Cl.WolI'lI.slJln CoIIngo Pnor, during, and after installatioo the cetling tiles or panels shall be mainlalned within tile
rollOWlng coodltions and free of chemICal fumes or vibration. These prodt.cls include:
.llM'f(1_"C)
uplo95%RIl
EClJPS< CUMAPtus
EcuPSE Ci..NAPl..us Face Cuts
MAAS CUMAPt""
!AliE/KI CI..I\fAPU.5
Mlu.ENNlA CUMAPtLS Face Cuts
UW.... CUMAPtus Hql CAe
MUilfIA CUMAPtus HigIl NAC
._n______...
i 1lROl270 CLMAPlus
f
i 1lROl270 CUMAPtusCAe
The ceiling panels must not be used to support any mate1ial incUling insulation. WIlere insulation must be used rt
should be no heavier than O,26lbsJsq, ft, and installed with the hlIIowing lISG recommendations: insulation must
be applied perpeIldicular to the suspension cross tees with the suspension system supporting the weight of the
insulation,lnsulatioo is also not recommended to be used as follows: FftCOOE' applICations unless specified and
use described by UnderWriters laboratories,
This warranty does not cover damage caused by fire, watef, accident. or by any form of abuse except normal wear
and tear,
1.
III
Poge3ot3
Warranties and
Limitations
"
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........ )'._"7174.G1O
... .'1 ,L...-..___
TNl.JwI....lII8A1UlI
~""Dra._-_I7"'"
__ "Me
LllIr*e....... SC2l02
................................
Please see USG written inSlrUClIons about proper maintenance,lIluch up, and repainting of our ceiling systems,
Please note that not all products can be repainted and that repainting WIll affect acoosticaJ perfOlTTlallCe, appear'
ante, fire resistance, and 'IeOtilatioo through the ceiling panels or lileS,
_110,..111_1
You must ",lily USG 01 the prolllem within 60 days 01 the lime the prollIem firSt became apparent to you at the fol.
lowing address: USG Inte<'oo, Ire, 125 South Franldin Street. PO, Box 4470, CIliCago, 11.60600-4470, Please send
us any pIiotographs 01 the problem area as these are often helPful. (Or, call us at 800-950'3839.) We will contact
you within 60 days and, ij we authoriZe a replacement or payment. that will be done within 30 days Ihereaher.
__ _IIwJPPly?
ThiS warranty gIVeS you SlleCific legal rights and you may alSo have other rights, wIlich vary from state to state,
Replacement or refunding the purcllaSe price 01 detective rnateliaI sI1all constilule the sole and total obligation of
USG, We shall oot be responsible for any labor charges or other installation or replacement costs or for incidental
or consequential damages of any nature whatsoever. THIS WJllfV>NTY IS IN LIEU OF AND EXClUOES ALL OTHER
WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETIER IMPLlEO BY OPERATION OF LAW OR OTHERWISE,
INCLUDING. BUT NOT LIMITED TO, Am IMPLIED WAARANTlES Of MERCHANTABlLIlY OR FITNESS.
USG Corporation
-
Mao_by
USG_.InC.
125 SOuIn Franklin Street
PO, 90114470
,....,i~1r:': ''.. "r:~pr-~..:-~
\
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\
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Glacier-
I ..
---I J/ i
j...'... '-:-~~-I'i --00__:)/
. -,0,,"-." /:
. Heavy,textured cast product W',
durable surtace that resIsts
scrapes commonly caused D~
accessmg ceiling panels.
. FOIl back acts as a moisture 3:"':
sound barner.
. Combine 12"xl2" tile Wlth
concealed USG DONN" Brand ;- :
to create a monolittllC celhng
surtace,
. Int"9ral color process masks ,,,,.,
and scratches and enhances
Inelong panel appearance,
. Excellent color choices coordirc:=
With USG DONN Brand gnd to
create endless soIubons,
. OptkJ<1al FlRECOOC formulatroc
designed to meet life safely cco;s
. Food courts
. HosprtaJity
. Libraries
. Restaurants
...
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Mars ~
ClimaPlus ~
.111111 CIIIngI
........JJ. 1Il1.117717U.
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TtcIlIII:II SInlce_UI8.41llU
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, I , , '... I... ---,~I
___iSOl 2'12'13/"- iClassA '.._ I ,65-75 35-39 ,92 - ~B,C,D 74'1lo ss
... II ! I ,~
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I 2'..'13/.. ClassA 1111. ' 65-75 35.39 92 - U,C,D 74'1lo S$
~ ,
I
, 1SlB) 2'12'13/" Class A 11715 65,75 35.39 92 While ,E 74'1lo S$
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2',"13/" Class A 11715 65,75 35,39 92 , 'Nhite ,E 74' S$
04~
IFlSI 2'12'13/" Class A - ' 65,75 35,39 92 While F G."!.I 74'1lo S$
~ 04>)
2""13/'" ClassA - 65,75 35,39 92 While "F G ".1 74% S$
04>)
A I C 0 E F G H
DONN<<' OX. DONN D~ CENTRIClTEE ... M"""""" OONN ox CENTH1C11'EE MERIOIAN FI~'8 F!tELf..{
GrId _ 0pII0n0
c::i=J, c:i:J cb cb ~ do de ob 06
ASfII El2M' 'nufll..
TjIIl!N. Form 1 or2,Pa_G
ASlII fI4_1IunIInlI
"'-_~, 1
ClassA
Ramo "....t 25
SIooke deve"l,.,t 25
.......
96IbJft.2
_tIC
170 for item 186985,
~.JlllI_l
R'2.12
llalnunl .." -..
See Warranty for _Is.
........*1lCI
can be cJeaned ....~ wi1l1
a soft Iln.JSh or vacuum.
__A. ~-y'
~ 1tle Gardner ScnAlballikIy
Test, , 50 scrull cycles WIlI'<ul
sur1ace break IASTM 02461
--
No v:suaI damage by . metal
srvm~t.(ItD20milsusinQa
_scntd1 test,
___. I ...."
WeightlossnotID_
25'35'1loUSlng1tleffialllily
TesIS per ASTM C367.
EdIe-.... '.
.11.1
PaneledgeshOukl_
~atal/4.bIlrtpin
for..1east100~.persquare
"<h.
-,"-
Absa1ltiOn 01'.660 gmIm' per
COI1ll....(T 44' 0111,84)
-
1.LRvalueSareShOwn
as_
2. See inftrmation on na.r
_C<lIlIl!ntOCOll1lld8ll
<Il1tle Recycled Con18l1t
SelecllII5C2254I,
3.h_<let,1Iy_
pertormarce test IOSUItS
available__
SoIoIy -
-9fllld safety and
'-l1'/ViOf1Opractk;es
:bing hardi1g and -"l 01
ilI_andsyslBmsTal<e
necessary _and
WU'1he~te~
__as
needed. __safety
datasneotsancl_
lii.eratureonprtlli..K;lSbefore
speQfll.odtiOl,morinstalialic1l
USG CorporatIon
-by
USG Interior.i. Inc.
, 25 Soutl'1 Franklin Street
or:. Sc~ -1470
nw/alorlllrllJ"~II;JSG
1rQnln.Int(l'~I'IlIIIId~
~,Cl..wPJlS.CltN4.Clll
B~ ~~:~.~~~fE
III
'.,
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AGREEMENT
THlSAGREEMENTmadethis 01 dayof AUGUST 20...QL,A.D,betweentheCITY
OF MIAMI BEACH, a Florida JT1I...r.q,..1 COII""cd:im, bemnaflrz ca11Ild the City, wbicb tam sbaI1 include
its successors and assigns, party of the ODe part, and
ACOllSTT ENGTNEERING COMPANY OF FLORIDA. INC.
A FLORIDA CORPORATION
hereinafter called the Contractor, which term sball include its heirs, successors and assigns, party of the
other part,
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid
and the said City in consideration of the construction of improvements to be done by said Contractor and
designated" CEILING TILE REPLACEMENT FOR THE MIAMI BEACH CONVENTION
CENTER" by said City, do hereby m"."olly agree as foUows:
I, This Agreement sball 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 Wark herein contemplated, sball be assigned or sublet, nor sball any
sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone
withoul the consent of the City Commission of said City evidenced by its resolution.
2, The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the
Contract Documents and such alterations as may be made in said Plans and Specifications as
therein provided for, are hereby referred to and made a part of this Agreement and the terms and
conditions set forth therein, except when in direct conflict with this written Contract, are as much
a part hereof as if copied herein. If conflicts exist between them and this written instrument, only
that part of the matter in direct conflict herewith sball not be construed to be a part hereof,
3, The Contractor sball commence work within seven (7) days of1he Notice to Proceed and sball
construcI and complete in a good and wodananlike manner the materia1s herein referred to, strictly
in accord herewith the following:
3,1 The Contractor sball be SubstantlaDy Completed with the Work within forty five (45)
calendar days after the date when the Contract Time commences to nm as provided in
paragraph 2.3 of the Genera1 Conditions, and completed and ready for final payment in
accordance with paragraph 14.13 of the Genera1 Conditions within sixty (60) calendar
days after the date when the Contract Tinte commences to run.
Bm NO: 37-ooJOl
I)Al1nE: 06/01101
CITY OFMIAlMI BEA.CH
12
3.2 Damages - City and Cu...dl-ru. reoogni2Je that 1be City will suffa' direct finan..ialloss if
Work is not completed widtin the Contract limes specified in paragraph 3.1 above (or
alternate bid item No. I, if awarded by City) plus any extensions thaeof a110wai in
accordance with Article 12 of 1be General Conditions, They also reoogni2Je 1be delays,
~ and difficulties inwlved in proving in a legal or ...bihalim plU""'e'i:.,g the actual
loss suffered by Owner if the Work is not completed on time, and therefore time is of the
essence, Accordingly, instead of requiring any such proof Conlr..cto.. agrees to fmei1 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 substantiaUy complete. After S~nrial Completion if Contractor sbaI1 neglect,
refuse, or fail to complete the remaining Work within the Contract Time, Contractor sball
pay OwnerTwo Hundred DoUan (5200.00) for each calendar day that expires after
the time specified in Paragraph 3.1 for completion and readiness for flnaI payment.
These arnoWlts represent a reasonable estimate of Owner's expenses for extended delays
and for inspection, engi~ services and administJ:ative oosls associated with such delay,
4, In such construction said Contractor sball furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution and
completion of the Work, nothing being required of the City except thai it may, at its expense,
supervise such construction and enter upon and inspect the same at all reasonable times,
5, If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent requirements
sball govern as determined by the City,
6, If the Contractor sball complete the construction herein contemplated in a good and workmanlike
manner within the time herein specified and in accord herewith, the said City sball pay to the
Contractor the contract sum in accordance with the Conditions of the Contract, The City, by
allowing CmlIactor to contirwe with said construction after the time for its completion herein before
stated sbaI1 DOt deprive City of the right to exercise any option in this Agreement contained nor sball
it operate to a1ter any other term of this Agreement
7, The ConlnIcta sbaI1 file with the Procuremmt Director of said City of Miami Beach a Perf'onnm:e
and Labor and Material Payment Bond, each in the arnoWlt of 100 percent of Contract Amount,
in the fonn as set forth herein or as otherWise approved by the City of Miami Beach City A1tomey
and sball be executed by said Contractor and Surety Agent authcrized to do business in the Slate
of Florida.
Bm NO: 37-60101
I)Al1nE: 06101/01
CITY OF ML\MI BEA.CH
13
'.
8. The Contractor sbaU file Insuratxe Certificates, as required, aod they must be signed by a
Registenld Insuratxe Agent 1~ in the Slate of Florida aod apprl)VM by the City of Miami
Beach Risk Manager.
9. All documents sbaU be executed satisfacIorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement sball not be effective.
10, Owner sball pay Contractor for performance of the Work in accordance with the Contracl
Documents in cmrenl fimds at the lump swn or unit prices presented in \be Bid Proposa1, a/f1Id1l:d
to this Agreement The parties expressly agree that the Contract Price is a stipulated smn except
with regard to the items in the Bid which are subject to unit prices.
Contract PrIce:
S 497.000
11, The Contract Documents which comprise the entire Agreement between City and Contractor are
attached to this Agreement and made a part hereof.
The Contract Docwnents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of
Miami Beach and the said Contractor has caused this Agreement to be signed it its name,
ACOUSTI ENGINEERING (SEAL)
Contractor
BYW.
(..y'thorized Corporate OfIk:er)
CITY OF MIAMI BEACH
if)
By
Mayor
~ '4-~
Title
A TI'EST:
~~~
City Clerk
BII) NO: 37-60/01
I)Al1nE: 06101101
CITY OF MMMI BEA.CH
14
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
. C1-/J-OI
~ Dale
.>
,
BOND 008562477
PERFORMANCE BOND
(This bood mec:Is and aceeds the teqWr.~ of Florida StaIutcs Section 255.05)
STATE OF FLORIDA,
IS
COUNTY OF Orahge
KNOW ALL MEN BY THESE PRESENTS that we, Acousti Engineering Company of Florida
93 30 NW 100 S tree t, '.fed 1 e y, FLas Principa1, hereinafter ca11ed Contractor, and
Fidelitv and Deoosit Co: of MarvlandasSurety,arefum1ybouDdUlltOtheOtyofMiamiBcach,
Florida, as Obligee, bercinafter called the City, in the Penal sum of ~~llh~u~g~~g Dollars
($ 49 7 ,000.00), for the payment ofwhich sum well and 1JUly to be made,ti!~~
executors, administrators, Sl~ and assigns, join11y and severally, fum1y by these ~
WHEREAS, Contractor, on the 1 s d day of Augus t . 20~ entered into a certain contract
with the City, hereto attached, for 'BID NO. 37-00/01, Entitled, " CEILING TILE
REPLACEMENT FOR THE MIAMI BEACH CONVENTION CENTER" which
Contract is made a part hereofby reference thereto.
NOW, THEREFORE, THE CONDmON OF TIllS OBLIGATION IS SUCH, 1bat, if the
Con1ractor shall1lYl:ll and tru1y perfonn and fulfill all the UDdertakings, COVCIIlIl1IS, tmns, COIIditioos and
agreements of said Contract, and all duly authorized modifications of said Coo1ract that may hereafter be
made. no:ice of which modifica.tioos to the Surety being hert:by waived, then this obligation sba11 be void;
olhelWise to remain in full force and effect.
WHENEVER the Principa1 sba11 be and is dec1ared by the City to be in def3u1t IIIlder the Coottact,
or whenever the Coo1ract bas been tenninated by def3ult of the Contractor, the City baving performed the
City's obligations thereunder, the Surety sba11:
L Complete the Contract in accordance with its tenns and conditions, or at the City's sole
option.
2. Obcain a Bid or Bids for submission to the City for completing the Coo1ract in accooIance
with its tenns and conditions, and upon detennination by the City and the Surety of the
lowest responstble Bidder, ammge for a Contract between such Bidder and the City, and
make available as Work plugl= (evm though there sbould be a def3u1t or a succession
of defau1ts under the Contract or Contracts of completion ammged IIIlder this paragraph)
sufficient funds to pay the cost of completion less the \"",.",.,. of the ConIract price; but DOt
cx~ irv',hfing other 00Sls and damages for which the Sun:ty may be 1iable hereuoder,
the amoum set forth in the fust paragraph baoof. The tam "ba1ance of the ConIract price"
as used in this paragraph, sba11 mean the tola! BI110ID payable by the City to the CooIracta
IIIlderthe~~andany~~,lessthe~~~bytheCity
to the Contractor.
Bm NO: 37-ooJOl
I)AlTE: 06101/01
CITY OF MIAMI BEA.CH
15
'\
No right of 1ldi0ll shaII lICClUC OIl dIis Bond to or for tbc, use of any penon or co.pu1..nm Olber
tban tbc City IIlIIDCd bcI'ein or tbc suoomorl or a<<lgr- ~f.
The Sun:ty sbaD and 00cs bemJy &gl\le to irWmnifY tbc City and hold it bMm~ of; trom and
against any and all liability, loss, oost, daMage or ~. including Ra:9OI13bIe attomcys fees, I'n8irvuing
and ardJV<<:Inral fees or Olber profcssiooal services wbich tbc City may incur or which may aoaue or be
i.''l~ upon it by mISOI1 of any ncgligaJOC. def.wlt, act lIldIor omission OIl the port oftbc Couh...ll.o., any
Subconttactor and Contractor's or Subcontractors agents, servants and/or employees. in, about or on
accounl of the Construction of the work and performance of said Contract by the Contractor.
This Bond sba11 ~ in full force and effect for such period or periods of time after the date of
acceptance of the project by the City as an: provided for in the Contract Docnm..nts, and the Conttactor
bemJy guanmtees to repair or replace for tbc said periods all work performed and malaials and cqnipnrrn
fumisbod, which were not performed or furnished acconling to the terms of the Contract D<n~ If
no specifi<: periods of warranty an: stated in tbc CooIIad DocurnenIs for any particular item of work,
materia1 or equipment, the Con1ractor hereby guanmtees the same for a minimum period of one (I) Y='
from the date of fina1 acceptance by the City of the CDIirc project.
Any suit on dIis bond must be instituted within such period or periods as may be provided by law.
Bm (110: 37-60101
I)AlTE: 06101/01
CITY OF MIAMI BE.\CH
16
\
\
IN WlTNFSS WHEREOF, the above hn..ntlM parties baV\; caused Ibis Bood Ii:) be ex~llM by lbcir
appropriate officials of1he 2nd clay of August .20 01
WITNESS:
PRINCIPAL:
(If sole Proprietor or partDcIShip)
(Finn Name)
BY
TIde: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
Acousti Enqineerinq Company of FL
(Corporate Name)
Verner, Jr..
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURElY:
. Allen
SURElY:
FIDELITY AND DEPOSIT COMPANY OF FLORIDA
(C Y of Agent' nt
License as IssueCI by State
of Florida Insurance
Commissioner
By, ;/!.~# v/4J
Attorney
Donna Y. Allen
(power of AUDrney must be attached)
Bll) NO: 37-ooJOl
I)Al 11:: 0610110 1
CITY OF MIAMI BEA.CH
17
.'
,
~
CERTIFICATES AS TO CORPO~TE PRINCIPAL
I, JaIOOS R. Verner, Jr.. certify that I am the Sc=tary of the Corporation named IS Principal in
the foo:going bond; that .T""""" R Vpn1pr wbo sigocd the said bond on bebalf of the ~ was
then President of said Corporation; that I know his sigT'.hm:, and his oigJ"'h"'C bcrdo is
genuine; and that said bond was duly signed, sea1cd, and aIteSt!:d for and in bebalf of said 0xp00IIi0n by auIbori!y
ofits governing body.
~. ~
, ames R. Verner, Seal Jr.
STATE OF FLORIDA)
IS
COUNIYOF ) Orange
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
J ame sR. Verner to me well known, who being by me first duly sworn upon oath, says that he
is the Attorney-in-Fact, for the Corporation and that he has been authorized by
Acousti Engineering Co. of ~execute the foregoing bond on behalf of the Contractor named therein
in favor of the City of Miami Beach, Florida.
Subscnbed and sworn before me this
J
La dayof O..l~ '
.20,QLAD.
(AIlach Power of Attorney)
Notuy Public
State of Florida -at-Large
My Commission Expires: ~--t(,,-o,J
P. EVANS
NoiIIly PublIc. State of Florida
MyComm. Expires May 16. 2004
Comm, # CC 937063
Bm NO: 37-ooJl11
I)Al TE: 06101/0 I
CITY OF ML\MI BEA.CH
18
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY TIlESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M, J, ANDERSON, Vice President, and T, E, SMITIl, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Kirk N. BRAMLETT, James E. BRADBURY, Deb A. SHAFE and Donna Y. ALLEN, all of Jacksonville,
Florida, EACH its true and lawful agent and Attorney-in-E make, , seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and kings execution of such bonds or undertakings in
pursuance of these presents, shall be as binding upon sai y, as d amply, to all intents and purposes, as if they
had been duly executed and acknowledged by the re lected 0 of the Company at its office in Baltimore, Md" in
their own proper persons, This power of attom okes th~~ ed on behalf of Kirk N, BRAMLETT, James E,
BRADBURY, Debra A, SHAFER, and Donna y, iE, dat':..~,*mber 4,1999,
The said Assistant Secretary does hereb~y~ e ~orth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, an w in f~
IN WITNESS WHEREOF, the said V' sident llI!~~sistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said F TY A~Di>PoSIT COMPANY OF MARYLAND, this 3rd day of October,
A.D, 2000, :ID~"
;;rr. ~F;;:it rrCOMPANYOF~_A~
(/ ,f. t. By: ;r[7'-~-' -
T. E. Smith ~ tant Secretary M J. Anderson Vice President
State of Maryland}
County ofBahimore ss:
On this 3rd day of October, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M, J. ANDERSON, Vice President, and T. E. SMITII, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed my Official Seal the day and year first above
written.
S ,;=-#,~~
Carol J. Fader Notary Public
My Commission Expires: August I, 2004
POA-F 031-3028C
~",..:.:,:~.;.~;;<:~. ~.~'~'.7:'.i:;':"::-':-~~~-::-::':'""'-";: ; ~,:..'
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,
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. _ ~~.,~ ft'~'~~ . :":?~ '_~~" ~~~<~2~~:7f.':f~~~~~:~~~{:~t;:~.ti?0\t<;~ ."oO' '" ':.~'., .~3<.,
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.._",",,",,;::::;:;,.f:;:;;':"""'"
FLORIO,... DEI'ART\lE:\T OF I:\Sl R...:\CE
DONNA YVONNE ALLEN
License Number A 120456
IS UC&lS€a 1'0 1"~T l'H€
Fot.lO'WlHG ClASSES OF ~t.
Gene-1O!1.Il'''t''s ,p~':);" r. ::;>~
-....-
T~ licensee must have 80 &elMt appoinlmenl ~th the lnsuref~;
employer (or wtUch producw or MI'Vices 8re being marketed See
reverse foe QddiltOnal requirements ~
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LABOR AND MATERIAL PA\1oIENT BOND
(SECnON 2S5 os. FLA. STAT.) BOND #08562477
Acousti Engineering Company of FL
BY THIS BOND, We.9330 NW 100 St., Hedley, FL . IS PriDCipal, and
Fidelity and Deposit
Company of Maryland as corporation, IS SIIIdy, are bound to the City of Miami Beach, Florida,
Fpur hundred Ninity Seven
IS obligee, hm:in called City, in the swnofS Thousand and no! au for the paymentofwbich we
bind oursel~ our heirs, personal n:presentati~ ~ and assigns, jointly and severaI.Iy.
THE CONDmON OF THIS BOND is that ifPriocipal:
Plwnptly makes paymcnlS to all claimants, as defined in Section 255.05 (I), FIa. Statute., supplying
PrUlcipal with Ialxr, matcriaIs, or supplies, used direct1y or indirectly by PrillCipa1 in the prosecution of the
work provided for in the contract; and
Pays City alliosses, damages, expenses, costs, and attomey's fees, including appellate ~;n&". that
the City sustains in enforcement of this bond.
Ped"01IIIS the guarantee of all labor and mataials jirmi<MI under the contract for the lime specified in the
contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract documenIs and compliance or noncompliance with any fonnalities
connected with the contract or the changes does DOl affect Surety's obligation under this bond.
The provisions of Section 255.05, FIa. SlalUtl:, are specifically adoptl:d by reference and made a part
hereof for the pmposes specified therein.
The contract dated August 1,2001 between the City and Principal is ~ a part ofthjs Bond by
reference.
Claimanls are advised that Section 255.05, FIa. StIIute, conIains notice and lime limitation provisions
which must be stricdy complied with.
811) NO: 37-00101
DAlm 06101/01
CITY OF MIAlMI BEA.CH
19
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IN WITNESS WHEREOF, CIte Ibovc hrwmdM parties have, caused this Bood 1IO be cxecu'lld by their
appropriate ofticials oftbe 2nd day of August .20 01 .
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
\
\
PRINCIPAL (If Corporation)
Acousti Engineering Co~any of FL
(Corporate Name)
COUNTERSIGNED BY
RESIDENT FLORIDA
AG OF SURETY:
SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
~ opyof~nf ~nt
License as !ssa by State
of Florida Insarance By:
Commissioner
(power of Attorney mast be attached)
Bm NO: 37-001II1
I)AlTE: 06101101
CITY OF ML\MI BEACH
20
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CERTIFICATES AS TO CORPOAATE PRINCIPAL
I, Jarres R. Vemer. Jr. certify that I am lbe Sccretuy oflbe CarporaIion named as Principal in
lbe f~ bond; that Jarres R. Vemer who signed lbe said boDd OIl bdIa1f oflbe 1'ritIcq,aI. was lben
President
of said Corporation; that I know his signature, and his signature bercto is genuine; and
that said boDd was duly signed, scaled, and altA:sted for and in beha1f of said Cotpo..diOll by authority of its
governing body.
STATE OF FLORIDA)
Corporate
s R. Verner, Sllal
55
COUNTY OF
) Orange
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Jalnes R. Verner
to me weU known, who being by me first duly swam upon oath, says that he
is the Attorney in Fact, for the corporation
and that he has been authorized by
Aoousti Engineering Co. of % execute the foregoing bond on beba1f of the Contractor named therein
in favor of the City of Miami Beach, Florida.
Subscribed and swom before
(Attach Power of Attorney)
BII) NO: 37-60101
I)AlTE: 06101101
CITY OF ML\MI BEA.CH
21
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY TIlESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by M, J, ANDERSON, Vice President, and T, E, SMITH, Assistant Secretary, in
pun;uance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Kirk N. BRAMLETI', James E. BRADBURY, Deb a Al. SHAFE and Donna Y. ALLEN, all of Jacksonville,
Florida, EACH its true and lawful agent and Attorney-in-E make, , seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and kings execution of such bonds or undertakings in
pun;uance of these presents, shall be as binding upon sai any, as d amply, to all intents and pwposes, as if they
had been duly executed and acknowledged by the re lected 0 of the Company at its office in Baltimore, Md" in
their own proper persons, This power of attom okes th~~ ed on behalf of Kirk N, BRAMLETI', James E,
BRADBURY, Debra A. SHAFER, and Donna y, iE, dat~~,*mber 4, 1999,
The said Assistant Secretary does herebyii e ~orth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, an w in ~
IN WIlNESS WHEREOF, the said V' sident "ll~sistant Secretary have hereunto subscn'bed their names and
affixed the Corporate Seal of the said F TY A~D6POSIT COMPANY OF MARYLAND, this 3rd day of October,
A.D,2000, t1'~
ATIEST: FID AND ~""IT COMPANY OF MARYLAND
Q~~BY:~
T. E, Smith 'ant Secretary M J. Anderson Vice President
State of Maryland}
County of Baltimore ss:
On this 3rd day of October, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M, J, ANDERSON, Vice President, and T, E, SMITII, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affIXed my Official Seal the day and year first above
written,
S ,-=-#~.~~
Carol J. Fader Notary Public
My Commission Expires: August 1,2004
POA-F 031-3028C
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fLORIDA DEI'ARDIE\T Of I.\SlRA'\C'E
DONNA YVONNE ALLEN
License Number A 120456
ISUCENSE:oro~THE
FOl.l0WtN<3a..ASS€$OFIN9./RN'oICE
Genera.ll,"t"s 'I>~or' t. :...:,.
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INSURANCE llW~
See Insurance Q-.k List for appIicabi1ity to this ...d-.l.
a) The conIractor shall be lesp<>olm'hle for his WlXit and evfIl'J part 1b:eof, and for all maIeriaIs,
tools, app1iances and ptuy<a1y of evfIl'J &.....iptioo, used in oonrvorlion with this partic:uIar
project. He sba11 specifically and distinctly assume, and does so .........., all risks of ,J.... ~fT
or injury 10 ptoperty or persons used or employed on or in COlIDI:dion with the work and of
all damage or injury to any penon or property wheever located, RSuIting from any actim or
operationllllder the conlract or in connection with 1hc work. It is IJlldcrstood and agreed that
at all times the conlractor is acting as an independent conlractor.
a) The contractor, at all times during the full duration ofWlXit under this contract, including extra
work in connection with this project sbaI1 meet the following requirements:
i)
il)
iil)
iv)
v)
VI)
vii)
Bm NO: 37-60/01
I)Al1nE: 06101/01
Mainmin Worker's Compensation and Employer's Liability Insurance to
meet the slalUtory requirements of the State of Florida.
Maintain Comprehensive General LIability Insurance in amounts presaibed
by the City (see checklist for limits) to protect the contracIor in the interest of the
City against all risks of injury to persons (including death) or damage 10 P"'I~'ty
wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage,
productsIcompleted operations and contractua11iability,
Maintain Automobile Liability Insurance irw;;luding Property Damage covering
all owned, non-<>wned or hired automobiles and equipment used in connection with
the work.
Maintain any additional coverage required by the Risk Manager as indicated OIl the
Insurance Check List
Name the City of Miami Beach as an additiona1 insured on all1iability policies
required by this contract. When naming the City of Miami Beach as an additiona1
insured onto your policies, the insurance \.Ul,JP'lIlies hereby agree and will endorne
the policies to state that the City will not be liable for the paymem of any P"""'inm..
or assessments.
No change or cancellation in insurance sball be made without thirty (30) days
written notice to the City ofMiamj Beach Risk Manager.
All insurance policies sbaI1 be issued by \oUU..,....ics lIIIIiDizl:d to do business IIIlder
the laws of the State of Florida and these \oUU~ llIIlSt have a rating of at1east
B+: VI or better per Bests Key Rating Guide, 1atest edition.
CITY OF MIAMI BEA.CH
22
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viii) 0rigina1 signed CertUkates of Insaranc:e, evw..i'1g such covaage and
eudoI:_,I~ as requimi herein, shall be fi1ed with IIId approwd by 1be City of
Miami Beach Risk Managec before work is started. The certiftc:ate mnst state
BId Number and 11tIe, Upon expitatioo of 1be requiRd insunmce, 1be contractor
must submit 11p<b1Nl certificates of insurance for as Joog a period as any work is
stil1 in prog.ess.
ix) It is IIIlderstood and agn:ed that all policies of insurance provided by the contractor
are primary coverage to any insurance or self-insurance the City of Miami Beach
possesses that may apply to a loss resulting from 1be work perfonned in this
contract.
c) The liability insurance coverage sbaI1 extend to and include the following contractual indemnity
and hold harmless agreement
"The contractor hereby agrees to indemnify and hold harmless 1be City of Miami Beach, a
mUDicipal corporation, its officers, agents, and employees from all claims for bodi1y injuries to
the public in and up to the amounl ofS I ,000,000,00 for each occum:nce and for all damages
to the plopllty of others in and up to the amount of$ I ,000,000,00 for each occum:nce per the
insmance requirement under the specifications including costs of investigation, all expenses of
litigation, including reasonable attorney fees and the cost of appeals arising out of any such
claims or suits because of any and all acts of omission or commissim of any by the contractor,
his agents, servants, or employees, or through the mere existence of the project under contract
BID NO.37-GOO1 "CEILING l1LE REPlACEM!NI' FOR 11IE M1AMl BEACH CONVENI1ON CENl"ER",
The foregoing indemnity agreement sball apply to any and all c1aims and suits other than claims
and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers,
agents, and employees, as determined by a court of competent jurisdiction,
i,) The contractor will notifY his insurance agent without delay of the existence of the Hold
Hann1ess Agreemenl contained within this contract, and furnish a copy of the Hold
Hann1ess Agreemenl to the insurance agent and carrier,
0) The contractor will obtain and mammin conlnIctualliability insInnce in adequate limits for
the sole purpose of protecting the City of Miami Beach tmder the Hold Harmless
Agreement from any and all claims arising out of this con1Iadua! operation.
d) All policies issued to cover the insurance requiremenIs herein sball povide full coverage ftom
the first dollar of exposure. No deducl1bles will be allowed in any policies issued on this conlI3Cl
unless specific safeguards have been established to assure an adequate fund for paymenl of
de<1ucttbles by the insured and approved by the City's Risk ManagI:r.
BII) NO: 37-60/Cl
I)AlTE: 06101101
CITY OF MIA.i\U BEA.CH
23
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e) The c:on1IdJ. will secure and _i_in policies of sub..wtl.....llAs. All policies sha11 be made
available to the City upon demand. Compliance by the ""utl....tu. and all subc:on1ractas with
the fOl~ RqIW<UJOIJb M to canying iJtsurD:e and jill'ni.tm,g oopics of1bc insurmce po1icies
sha11 not relieve the IXlII1ractor and all Sill>> ...........~ of 1beir Iiabi1ities and obIi~ undIir any
Section or Provisions of this contract. Cwllidu sha11 be as fuBy tespOllSlble to 1bc City fir 1bc
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) InsuraIlce coverage n:quired in these specifications sba11 be in me duoogbout the contract tenD.
Should any awardee IiIil to provide acceptable evidence of cunent insurance within seven days
of receipt of written notice at any time during 1bc contract term, the City sba11 have the right to
consider the contract breached and justifYing the tennination thereof
g) If bidder docs not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
h) It is understood and agreed that the inclusion of more than one insured under these policies sba11
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 sball be
considered members of the public; but the provisions of this Cross Liability clause sha11 apply
only with respect to liability arising out of the ownership, mai~, use, oc"'P"""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.
Bm NO: 37-60101
DAl1nE: 06101101
CITY OF ML\MI BEA.CH
24
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xxx 1.
INSURANCE CIIECK UST
Worten' Compensation and Fmployel's Liability ~ the gntntrwy !imi1s of 1be
slate of fbida.
xxx 2,
c.......:h....,;..e GeIII::IaI Uability (ocamoce bIn), limiIs ofliabilily $1,000,000,00
~ 0CCUI1'liIICe for bodi1y injIIIy I"~ damage to iDc1ude Pn:mise&' Opemioos;
Products and Completed Operations; Independent Cootractors; Broad Form
p,,~ Damage Endorsement and Comractual TtvIfomntt.y (Hold barm1ess
endorsement cxact1y as written in "insumnce n:quirements" of specificatioos),
xxx 3,
Automobi1e Liability - $100,000,00/$300,000.00 - $50,000,00 each occurrence
- ownedlnon-ownedlbired automobiles included.
4,
Excess Liability - $1,000,000.00 per occum:nce to foUow the primary coverages.
xxx 5,
The City must be named as and additional insured on the Iiabi1ity policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Lega1 Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
,00
,00
,00
,00
,00
,00
xxx 7,
Thirty (30) days written cancellation notice required.
xxx 8,
Best's guide rating B+:YI or better, latest edition.
xxx 9,
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specificatioos and that evidence of this insumnce may
by n:quired within five (5) days after bid opening.
Bidder
Signature of Bidder
Bll) NO: 37-60/01
I)Al1nE: 06/01101
CITY OFML\MI BEA.CH
25
FUi-15 2001 14'45
F04 R I 51< SlJCS CF FL
P. ill/ill
-
ACORD.. CERTIFlCA TEOF UABILITY INSURANCE tl1Ts 11IIf/1:/t)/n,
0II15m1
-...cD rHJS CEAnFlCATE IS ISSIJP) AlS AllllATTER OF INFORMA nON
Aon Milk Servic... InC'. ot rlor.ida ONL Y AND CONfERS NO AlGRTS IJPON THE CERnFICATE
9000 Revency Sq Blvd HOLD.:" nlls CERT1FICA n: DOES NOr AMEND. EXTEIWD 011
Jacksonville ~ 3221l OSA iU. TEll 11IE COVE....GE AFFORDED BY THt: POLICIES aD-Ow.
INSURERS AfFORDING COVE,"CJ:
-- 1Iv$UI.U....: St PClul Fir. , Marine Insurance Co.
Accu.~i Enqineerin; Company o~ rlori&l INM./Ki!kl: Naticl1b.l l'J'n1on Fire Ins Co of PittSburqh
'330 NW lOOth St
Hedley FL 331'8 USA D'4UUIt. t:: United 5c_tes ridelity , GUAr.nty Co.
MuaER P:
_I,
" 'iI 10 .. siiA'ca:1uskms ofdio DOl'
l1lEPOLICIESOfIllSURANCF. USTED BELOW HAVE BaN ISSlJED1'O TI1EINSURED NAMED ABOVE RlR THE POliCY PERIOD INIlfCAtrD,
NOTWITHSTANDING ANYREQUJREMENT, TERM OR CONDmON Of AI'IYCOI<TRACTOIl OTHER OOCuMENr \'irrnRESP!iCT '10 WIlI'CH THISCF.R:I1F1C^lE
MAY Be ISSUEDOR MAYPIlRTIIIII, THF.INSlJRMICEAffORDEDBYTHE I'Ol.ICIES DescRIBEOlffiRElN IS SUBJECT TO ALL THE TERMS, EXL'l.USIONSAND
CONDmONS OF SUCH POLlClf5. .AOOIlOOA TE LIMITS SHOWN M!\ Y HAVE BeEN REDl.ICEl> IIV PAID CLAIMS,
,>III rcx.lC\'~l'll.. 'OLlcrlffEC1I\'l pguC\'lDIa...l'I~
... TYPIOf 1fC$tI..../llCI ."tl(YfUlLl\'\') 'l~\'\') UMm
A O,UUAL UlJlUTV ki<058(JnlO' 1/1/0i 1/1/02 ~IOC:CUUf:.'llC( 51.000,000
i ~M:L'L~I.LlAJlIUTY FI.~DAI'ofAOEl/IINoae~' $'00 000
- c;t.ADiCS~0occUR. MID EXP lAItY '*-.) .." ""'
-
- KK$ONAt.1: /lDV INJURY 51,000,000
GEMDtAl. AGGAF.DAlI. $2,000,000
OIN'L ~T! LJ~ AJ'PUa PO: PllOOUCTlil. COMM.JP AGO 52,000,000
J..../CY lEI ~ 0 Loe
A ~V1"OlWMIU UA..UTY !("C<O~aOO1O'1 1I1/01 1/1/Q2 CC>>oI8uqPSIrG.fLNT
.;.^""1Illt<> l!;UliOob!J $1,000.000
ALL 0WftW) AUT05 ~b lJClDI'L'r'INJUlY
- (,.~-,
X saEOuuD I\U1'OI
...... Auros I -oDIU'INMty
X NQlIf owweo .\l11'OS (hI""
- PI.OPtIkl''r a.,)l'AC(
ffel .....1)
Go\.II.4G1: UAaunv AUl'OONLY.EAAr.(JDIN'f
1ANYAUrO Drltll. TIIAN .."""
AUTOONI.Y : AGO
" D:eaa UAIW'1'" 3t.:"14ut:,lj 111/01 1/1/02 EACH OCCURRf.NCi 52U,OOu.OOO
!I o CLAIMS MADE Umb::el t:1 E:>:I:lIsa $20,000.000
or.nl AOOREGATIi
3=:: .
c WOQKUSCO.c*TIOS ,oQiO OIl. - 1/1101 1/.t/02 " e,c.. .''::~' I I~"
Dlft.O\'Gtr u.a..LR'" EXc:r.S$ ilC - fi-
t.t. '-'GH AC(:1DfltlT $1,000,000
I.tl~ DlSW!-POUr;Y LDotrr $1,000,000
ILL m~...t:A.hI,,-O'tI!J:: S1. 000, 000
-
OTII.'
CF_1CIUf1I1ON tJ1. OI'UATlfWSlLOC...~II(:UML)cU.l1SI()I\/S J.DDt:D pY Sl\IDORSIf..\Uil'Sl'!etAL MlO\tISJON.lI
Ki4mi B.~ch CQnv.ntion Cent~r Tile Repl.e~ne.
Ci~y ot Ml__t Beach i$ li~t.d .~ .ddi~1on41 in~ured ~ith tespects Gtn.ral Li,bility per S~. Paul Fo~m 'G03'-21997.
mIiii ~
SUOlJl,QANY fJ' nil Aeo'o'I.De5G\laio PGl.t(:~s I!E 01CE1I.1.D DIfc-.ETtfE!XI'IlCA 11D~
D,\l'f.' nlEAJiM. THe: ISSLJtNG COMI"Ao'IY 'lVlLL IONIX."VOIl TO MA.JL
City ~t Miami Seaeh 30 ~^VS warnE.'" N01'ICI! TO tHE cpt'I'ICAn ftQLI)AA l'olAM"~ TO 'rtf8 L&tT,
1700 Conven~ion Cen~.r Drive aUT F^UJJI.E 1'0 DC) SO 5HALl. IMPOSt! N008LrGATJON' OIl LL\BlllTY
Mj.~ 8....c;h I'I. 33139 USA Of AllY KJNJ) l.:l'Q..... TMM C"....^"'"Y' rr.r "'GEN'r~ OR ~'TATlVJ'..5.
,\U1"HORIZI!)')ItB~JlnYE ..:~?-P _
:wi Jimi: C- Ui!
..rn"D
Certif..... No :
S70000~S08~~
Holder rdcotificr ,
TnTCll P 1i11
\,
DMSION 1
General ProvIsIou
SectIon I
DEFINITION OF TERMS
1.1 DE...Fl!'i!PONS: W!t&:nlMr in the Spccificalioos, Special Provisioos, Prop ...I~. ConlIact, or
Contract Bood the following tenns IX' ponouns in p1ace of them are used, the inIatt and """"'n,g sba11 be
intetpreted as follows:
1.2 "CItv". The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" . The City Commission of the City of Miami Beach, Florida.
1.4 "CItv Qerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "CItv Manaller" . Chief Administrator of the City Commission.
1.6 "Enl!ineer" - The City Fngineer of the City of Miami Beach, Florida, or his authorized
assistants.
1.7 "Insl)ector" - An authorized representative of the City Fngineer assigned to make all
necessary inspection of the materials furnished and of the work perfonned by the Contractor,
1.8 "Bidder" - Any individual, linn or cotpmation <robmitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, the person, linn or cotpmation
with whom a Contract has been made by the City,
1.10 "Suoerlntendent" - Executive representative for the Contractor present on the work at all
times during progress, authorized to receive and fu1fill instructions from the Engineer and capable of
superintending the work efficiently,
1.11 "Suretv" - The corporate body or individual which is bound by the Performance and
Payment Bonds with and for the Contractor, who is primari1y liable, and which engages to be responstble
for his acceptable perfonnance of the work for which contract has been made and for his payment of all
debts pertaining thereto.
1.12 "Pro1lOSaI" - The approved prepared form on which the Bidder is to or has submitted his,
their, or its Proposa1 for the work contemplated.
1.13 "Pr01lOSaI Guarantv" - The security designated in the Proposa1, to be furnished by the
Bidder as a guaranty of good faith to enter into a Contract with the City if the Con1ract is aWlIlded to him.
Bm NO: 37-ooJOl
I)AlTE: 06101/01
CITY OF MIAMI 1I&\CH
26
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1.14 "Pius" -The ofIicialllpllltlWli plans, profile, typica1 aoss-tCCtioo, gaIa'8l cross moons,
wodcing drawings, and supp~1 drawings, or exact n:procNcIiclIIs thereof, which show the Iooalioo,
character, dinvonoioos and detai1s of the wodc to be done, and which are to be considered as a part of the
Contract supplerr~..... y' to these Specifications.
1.15 "PlOClUement DIrector" - The pmr.ha.ori11g officer for the City of Miami Beach.
1.16 "Soedftcatlons" - The directions, provisions and reqIIi........dlo c:onm;.....! baein, ~
with all written agn:emenls made or to be made, selling out or re1a1ing to the method and 1DlIIIDCI' of
performing the work, or to the quantities and qua1ities of materia1s and 1abor to be furnished under the
Contract.
1.17 "Sueclal Provisions" Specific clauses additional to these Standard Specifications, setting
forth conditions p""',l;ar to the project under consideration. In case of any discrepancy between the
Standard Specifications and the Special Provisions, the Special Provisions are to govem,
1.18 "Suuulemental A2reement" - A written agn:ement between the Contractor and the City
Fngi~, covering alterations and unforeseen work incidental to the project.
1.19 "Contract" - The written agreement covering the performance of the work and the
furni.hing of1abor and materia1s in the proposed consttuction. The contract sball include the "Proposal,"
"Plan," "SpecificatiOllS," "Special Provisions," Perl'ormance Bond," and "Labor and Materia1 Balli" also any
and all "Supplemenla! Agreements" required to complete the work in a S1,h<hIntial and acceplable manner,
1.20 "Contract Bond" - Performance Bond - The secwity furnished by the Contractor and the
Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract.
1.21 "Pavment Bond" - The secwity furnished by the contractor and the surety as to guaranty
that the contractor will pay a claimant A claimant is defined as any person supplying the Principa1 with
labor, material and supplies, used directly or indirectly by the said Principa1 or any subcontractor in the
prosecution of the work provided for in said Contract, and is further defined in Section 255,05(1) of the
Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in
the Proposal as contemplated improvement.
1.23 "Ouestionnaire" - The approved form upon which the Contractor must furnish the
information as to his ability to perform the work, his experience in similar work, and his financia1 condition
as related to his ability to finance the work.
1.24 "Substantial Completion" - When construction is sufficieody complete in acconIance with
the contract documeoIs, so the owner can occupy or utilize the work or designated portion thereof for the
use for which it is intPrVlM 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 substantial1y
complete, Moreover. the substantial completion sball also be linked, for the City's convenience, to the
i"."........ ofa T~...y' Certificate of Completion or TQqlu1a/y' Certificate ofOc:cupancy by the Bui1ding
Official.
BII) NO: 37-00101
I)AlTE: 06101/01
CITY OF ML\MI BEA.CH
27
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SectIon 2
PROPOSAL REQUIREMENTS AND CONDmONS
2.1 InterDretatIon of ADDroDmate r-.~ - The Bidder's atIt:n1ico is ca1led to the fact 1bat
the ""-<Ii"",,,, of quantities of all work to be done and materia1s to be furnished IIIIder the Specifications as
shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of C"1I""!ation
upon which the awan! of the Contract is to be made. The City does not lISSl1IIIe any xesponsibility that the
fina1 quantities sba11 mnain in slrict aa:ooIaoce with estimated quantities, nor sba11 the Contractor plead
misunderstanding or deception because of such estimate of quantities or of the character, location of the
work or other conditions pertaining thereto,
2.2 Enminatlon of Plans. Suedfications. Sl)eclal Provisions. and Site of Work - The
Bidder is required to examine carefully the site of; and the Proposa1, Plans, Specifications, and Contract
for the work contemplated, and it will be asswned that the Bidder bas investigated and is satisfied as to the
conditions to be encolUltered, as to the character, quality, and quantities of work to be perfonned 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 Proposa1 sball be considered prima facie evidence that
the Bidder bas made examination.
2.3 Preparation of Pronosa1s - Proposals sba11 be submitted on the fcon provided. All blank
specifications for which quantities are shown must be filled in ink, in both wools and figures with the mrit
price for the item for which the proposa1 is made, The bidder sba11 also slate the time in which he will
complete the work bid upon, unless a certain time is stipulated. If the proposa1 is made by an individual in
his own proper person or under a trade or linn name, he sball execute the same IIIIder his individual trade
or linn name, he sball execute the same under his individual signature and his post office address sba11 be
shown. If made by a copartnership the proposa1 sball be executed for the copartnership, by setting out in
full the names of the par1ners and the linn name of the partnership, ifany, and signed by one or more of the
partners, and the post office address of each of the partners sball be shown. If made by a corporation, the
proposa1 sball be executed by setting out the corporate name in full, foUowed by a statement that it is
incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that
il is authorized and permitted to tracsact business in this State, and signed by its President, or other
authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address
of its principal place of business sball be shown.
2.4 Refection of Irre2Ular Prooosals - Proposa1s will be considered irregular and may be
rejected if they show sc:riws omissions, a1taations of fonn, additions not ca1led for, COJK!itions, UIllIIIlhorized
alternate bids, or iIregu1arities of any kind.
2.5 Guaranty to AccomDanv Propnuh - No PlOpOSal will be considered un1ess lief' ."",jued
by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the
Proposal Form, made payable to the City of Miami Beach, Florida.
BII) NO: 37-00101
I)Al1nE: 06101101
CITY OFMIAlMI BEA.CH
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2.6 DelIvery of Proooall . Each 1\upu;>a1 must be subwi1Il:.d in . sea1ed envelope which shall
be 1III1Ibd so as to ~ iIs cooIent m:I name of Biddel' c1early. If bwarded by mail the above
mentioned envdope sha11 be enclosed in ~ envelope addr: He-' to the City Pun:basiDg Agem, Miami
Bcaclt, Florida, prekzabIy by ~ mail; if fOl'Wlll'ded oIht%wise than by mail, it sha11 be delivm:d at
the Office of the City Pun:basing Agent. Proposa1s will be received 1IIl1il1hc date and hour Slated in the
"Notice to Contractors,"
2.7 Withdrawal of ProoosaIs . No Proposa1 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
fisi1s to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposa1s after
bid opening will only be acccpled with the collection of Bid Surety by the City,
2.8 Ql)eninl! of Proposals . Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors," Bidders or their authorized agents are invited to be present
2.9 DisGualiflcadon of Bidden - OuIy one Proposal from an individual, linn, partnership, or
corporation, wxIer the same or different names, will be considered. Should it appear to the Board that any
bidder is interested in more than one Proposa1 for the work contemplated all Proposa1s in which such
Bidder is interested will be rejected. The right is reserved to reject the ll'O)lO&ll from a bidder who bas not
paid or satisfactorily seUled all bi11s due for labor and materia1 on former COIl1Iacts with the City or contracts
with the same in force at the time of receiving bids,
2.10 ComDetencv of Bidders - Bidders must be capable of performing the various items of work
bid upon. They sbaI1 fiIrnim a sla1emeIII covering experience on similar work, a list of machinc:Iy, plant, and
other equipment avai1able for the proposed work, and sball Furnish statements of their financial resources
as requested in the Questionnaire, If the avaiiable 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
furnish a complete sla1emeIII of the origin, ~0lI, and manufacture of any and all maIeriaIs to be used
in the work, together with samples, which samples may be subjected to the tests provided for in these
Specifications to detemline their quality and fitness for the work. Subsequent deliveries sball be equal in
all respects to the samples submitted.
Bm NO: 37-00101
I)AlTE: 06/01101
CITY OF MIAMI BEA.CH
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SectIo. 3
AWARD AND EXECUTION OF CONTRACT
3.1 Consideration of BIcII - For the purptlliC of awanI, after the 1'l0p0a0ds are opmed and tad,
the CXlmlCt !llnmnarion of the produas of the approximate quanIities shown in the PI~ by the IIIIiI bid
pri<:es, will be .....,~ the bid. The lIlIIOUIIls will then be COtllpcuedaDd theR:5Ults ofsud1..,,,.-:,,'lI
will be available to the public. UnIil the final award of the Cootract, however, the right will be rescJYed to
reject any or all Ptopo6a!s aDd to waive 1I:dmica1 enors as may be tWnvvl best for the mesas of the City,
3.2 Award of Contract - The award of the Contract, if it be awarded, will be the 10west
responsible Bidder whose Proposa1 sball comply with all the requirements -=y to render it formal,
The award, if made, will be within ninety (90) days after the opening of the Proposa1s, but in 00 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 Prooosal Guaranties . AU Proposa1 guaranties will be returned imu..Ji.dely
foUowing the tabulation of Bids, except those of the three lowest Bidders, These guanmties will be n:lumed
within ten (10) days foUowing the award of Contract, except that of the successful Bidder, which will be
returned after a satisfactory Bond bas been furnished and the Contract bas been executed unless surety is
forfeited because of bid withdrawal.
3.4 Contract Bond Reauired. The successful Bidder entering into a Contract for any portion
of the work will be required to give the City Surety in a sum equa1 to the 8DlO1Dlt of the Contract awanled.
The form of the Bond sball be as approved by the City, and the SW'ety sball be acceptable to the City, and
executed on the form furnished.
mcasem~onthepartmtheContractor,~~allexpenses~to~and
collecting losses under the bond, including both Enginrering and Legal services, sball1ie against the bond.
3.5 Execution of Contract and Pavment Bond - Within ten (10) days after the Contract bas
been awarded, the successful Bidder sball sign the necessary agreements, entering into a Conlracl with the
City, and return them to the City Engit-r No proposa1 will be considered binding upon the City IIII1i1 the
execution of this Contract.
3.6 FaUure to Execute Contract - Failure to execute a Contract and file an accepIable Bood as
provided herein within ten (10) days from date of award sha11 be just cause for the annuhnent of the award
and the forfeiture of the Proposa1 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.
Bll) NO: 37-ooJOl
I)Al1nE: 06101101
CITY OF MIAMI IlE.\CH
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3.7 Evidence of AntIlorItv - Befl:n a CootIlIc:t is execukld the Bidder will be requited to furnish
catified copies of
Excapls fiom the By-Laws;
Excapls fiom the Mioutes or Raolu1ioos of the Gowming Body;
POWCI' of Attorney appointments,
and/or olhrr ...ndirinry evidtnce of tbe authority of all perlIOIIS signing u..a-.ll. or Bonds to execute such
docwnents, and of the companies bound thereby to do business in the Stale of Florida,
Bm NO: 37-ooJGl
I)Al TE: 06101/01
CITY OF MMM1 BE.\CIl
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4.5 Remowl and ~ of Stk..1lu" and 0bstrudI0ns -The Ctdl..b will taDlM: all
obstructions that may come in the way of the cootanpIaIed ~d~. such as IJIIV"'""""ts, sidewalks,
fences, \lIri~. lIees, rools, "'''''P'', logs, old foundations or pi1ing. lIIIli odta' oIlslructions ..........-m
eitber above or below the surface of the grwnd and dispose oftban in such _ as the FJ'lg;n.w may
direct.
All wodc pracribed lIIIli involved 11I1lIer this ~ shall be ~ as incidental to and
included in the unit JXice bid for the plII1icu1ar Wcdc in which it is involved lIIIli 110 addi1iooa1 payment will
be made therefore unless otherwise specifically provided in the Special Provisions,
4.6 Riots in and Use of MaterIaJs Found on the Work - The Contractor, with the approval
of the Engineer, may use in the proposed construction such sand or odta' material suitable in the opinion
of the F.n~, as may be found in the excavation and will be paid for the excavation of such materia1 at
the corresponding contract unit price therefore, but he sball replace at his own expense with other suitable
materia1 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 materia1s so used will be made against
the Contractor except the replacement herein provided for, The Contractor sball not excavate or remove
any material which is not within the excavation, as indicated, witImt writlm lIlIlhmation fian the FngjnrA',
Ma1eria1s in old st:ructures removed by the Contractor to allow the construction of new structures, and 1IOt
needed by the City" may be used by the Contractor during construction. Such materia1s are the 1'1~ty
of the City and sball not be cut or otherwise damaged during use or removal, and sball afterwards be
disposed of by the Contractor as directed by the Engineer,
Bm NO: 37-00101
I)Al1nE: 06101/01
CITY OF ML\MI BEA.CH
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SectIon 5
CONTROL OF THE WORK
5.1 Entolneer as Referee - To prevatt all di~- aod Jjti~ it is agreed by tIe plIlties
hereto that1be said F~ sha11 decide all CP~. difficulties, aodtlillp-. ofwbaleYernalure, whi<:h
may arise ~ to 1be dbpdldicn of the Plans, aIISlntctioo, p-oseculioo and liJlfil1mlont of this Cootract,
and as to the cbarade.. quality, mnnomt, and value of any wor:k done, aod maIeriaIs liunidwl, ~ or by
reason of this CaIlract, aod his ..,1:,.......... and decisions upon all claims, questions, and disp1les sha11 be fina1
and conclusive upon 1be parties thereto,
5.2 Plans - The approved Plans will be supplemented by such working drawings as are """"'55llry
to adequately control1be Work. It is mlllll~l1y agreed that all authorized a1tera1ions affecting the
n:quiremen1s aod infoonation given 00 the approved plans sball be in writing. No changes sbaI1 be made of
any plan or drnwing after the same bas been approved by the F~, except by direction of the Fngit-r,
WOIking Drawings for any sttucture sbaI1 consist of such detailed plans as may be required for the
prosccution of 1be wodc: aod are not included in the Plans furnished by the FnginNr. They sbaI1 include sbJp
details, erection plans, masonry layout diagrams and bending diagrams for reinforc'.ng steel, approval of
which by the FnglnHr must be obtained before any work involving these plans sball be perfonned Plans
for cribs, cofferdams, fa1sework, centering, and form work may also be required, and in such cases sball
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 drnwings
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 sball be responsible for
agreement and conformity of his wodcing drnwings with the approved Plans and Specifications.
The Contract price sball include the cost of furnishing all working drnwings and the Contractor will
be allowed no extra compensation for such drnwings,
5.3 Conformitv with Plans and Allowable DevIations - The fini<hPrl work in all cases sbaI1
conform with lines, grades. cross-sections, and dimensions shown on the approved Plans; any such
deviations from the approved Plans and working drnwings as may be required by the exigencies of
cons1ruction will in all cases be determined by the Engineer and authorized in writing,
5.4 Coordination of Plans. Specifications. and SuedaI Provisions - These Specifications,
the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a
requirement 0lX:UIIing in one is as binding as though 0lX:UIIing in all They are int..rvWl to be cooperative,
to describe and provide for a cmlplete WIXk. In case of disu~y, figured ~ sball govern over
scaled dimensions. Plans sball govern over Specifications, Special Provisions sball govern over both
Specifications aod Plans.
5.5 Coooeratlon of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, aod Special Provisions. The Contractor sball have available 011 1be Work at all times, one
BlI) NO: 37-ooJOl
I)Al1nE: 06101/01
CJlY OF MIAlM1 BEA.CH
34
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copy each of said P1aIIs and ~fWtVw.. and Specia1 Provisions; he shall give the Work the Co. .A,le
altelltioo nee . i to flIciJitate the progt.:ss thereof and sha11.....,..... with the FJ1gi_ and with OCher
c:ootrac:tDrs in /fM!lY way posstble. The Cootractor sha11 at all1imes have a (u,....,l",.1 F'1gJi~1mJg
St.p.a;.d....Ifo.t_. capable ofmtding and tborougb1y 1IIldt.,;l~,.1irlg the Plans and Specificatioos, as his lIjpIl
011 the W<Xk, who sha11 receive inslrudions tiom the FJ1gi- or his authorized ,~". nhmves. The
St.p.a;, ,I...t.. ,I sbaI1 have fu11l111111lXity to t:XCiCIR the ooIm or diRlctiorIs of the FJ1gin- wiIIlom delay and
to pa~)' supply such materials, tools, plant, equipment, and labor as may be required. Such
Superintendent sbaI1 be furnished irrespective of 1M amount of work sublet
5.6 Inspecton - ~to,s employed by the F.ngi....... shall be authorized to inspect all work
done and maIeriaIs fiunished. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to
report to the Fngineer as to the progress of the Work and the manner in which it is being performed; also
to report whenever it appears that the materia1s furnished and work performed by the Contractor fail to
fu1fill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any
such fililure or other infringements, Such inspectiOD, however, sbaI1 not relieve the Contractor tiom any
obligation to I""fuuu all the Work slrict1y in acconlance with 1he reqW.~ of the Specifications. In case
of any dispute arising between the Contractor and the Inspector as to materia1 furnished or the manner of
performing the Work, the Inspector shall have the authority to reject materia1s or suspend the Work until
the question at issue can be referred to and decided by the F.ngi......., The Inspector shall perform such
other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release
any requirements of these Specifications, not to approve or accept any portion of work, nor to issue
instructions contrary to the Plans and Specifications. The Inspector shall in no case ac1 as Foreman or
perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any
advice which the Inspector may give the Contractor sbaI1 in no way be construed as binding the F.ngi-.r
in any way, nor releasing the Contractor from fu1fi11menl of the terms of the Contract Ordinarily ODe
Inspector will be employed by the City for each section of the Work under Contract; but if, on account of
any apparent disregard of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of$150,OO per diem each, and the cost of same charged to the Contractor
and deducted from the tina1 payment
5.7 Inspection - The Contractor shall furnish the FJ1gir-r wi1h /fM!lY rell5Oll8b1e facility for
ascertaining whether or not the work perfonned and materials used are in acaxdance wi1h the requU~
and intent of the Specifications and Contract If the Engineer ~ it, the Contractor shall at any time
before tina1 acceptance of the Work remove or uncover such portions of the fini<hM Work as may be
directed. After examination the Contractor sha11 restore said portions of the Work to the standard requin:d
by the Specifications, Should the Work thus ~ or examined prove accepl3ble, the uncovering or
removing, and 1he replacing of the covering or making good of the parts removed, sha11 be paid for as "Extra
Work," but shou1d the work so exposed or examined prove 1~1e, the IIIlOO\o'ering or removing and
the replacing of the covering or making good of the parts removed, sha11 be at the Contractor's expense.
No work sha11 be done IlOl' materia1s used without suitable supervision or in~ by the FJ1gir-r or his
Bll) NO: 3NlOlOl
l>Al11t:06l01/01
CITY OF M1AM1 BE.\CH
35
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'..... ,'>olive. Failure to reject any defective wOOc or ma1rria1 sba11 DOt in any way pmaIt IaIa' ~
when such defect be discovered, or obIigatc the City to fina1 ~.
5.8 FaIbtre to Remove and Renew Defedh-e Materials and Work - Shou1d the Conlracla'
fail or refuse to ranove and taIeW any defective materia1s used or worlc perfODIJal, or to make any
oe.: f'j repaits in an accepbIbIe DIlIIIIIa' and in acc:ordance wi1It the teqt.i.........t. oflbese Specificatioos
within the time m.Gr,,1wl in writing. the F~ sba11 have the auIbority to cause the unacceplable or
defective matcriaIs or worIt to be n:moved and taleWcd, or such repairs as may be --"'Y, to be made
at the Contractor's expense. Any expense incurred by the City in mam,g these removals, rmewa1s or
repairs, which the Contractor bas failed or refused 10 make, sba11 be paid for out of any monies due or
which may become due the Contractor or may be charged against the "Con1Iact Bond" deposited; and
continued fai1ure or refusal on the part of the Contractor to make any or all oe=~''Y repairs promptly,
fully, and in an accepIable manner sba11 be sufficient cause for the Board, at its optioo, may pun:base
materials, tools, and equipment and employ labor or may contract with any other individual, fum, or
corporation to perform the Work. All costs and expenses incurred thereby sball be charged against the
defaulting Contractor and the amount thereof deducted from any monies due or which may become due
him, or sball be charged against the "Contract Bond" deposited. Any work perfonned, as described in this
paragraph, sball not relieve the Contractor in any way from his responstbility for the work performed by
him
5.9 Final Insoection - Whenever the Work provided and contemplated by the Contractor sball
have been satisfactorily completed and the fina1 cleaning up performed, the Fngineer sbaI1 within ten (10)
days, unless otherwise provided, make the fina1 inspection.
Bm NO: 37-00101
I)AlTE: 06101101
CITY OF MIAlM1 BEA.CH
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Seetloa ,
CONTROL OF MATERIALS
6.1 Source ofSDDDIv and Oudtv ofMatmU . Althe oplioo of the Jl"8i-the soun:e of
supply for each of the malI::rials shall be approved by the Jl'lgi......... before 1be dc1ivery is slarted.
Representative preliminary samples of the character and qua1ity described shall be submitted by the
Contractor or producer for """"'m~non and tested in accordance with 1be medtods referred to 1IIIder
Samples and Tesls, Paragraph 6.2. Only materia1s confonning 10 the requia.......Jb of these Specificatioos
and approved by the Engi......... shall be used in the Work. All maIeriaIs proposed to be used may be
inspected or tested at any time during their preparation and use, If; after 1rial, it is found that soun:es of
supply which have been approved do not furnish a uniform product, or if the product from any soun:es
proves UIIlICCepllIble at any time, the Contractor sball furnish approved materia1 from other approved
sources, No materia1 which after approval has in any way become unfit for use shall be used in the Wark.
6.2 SamDles and Tests - For the purpose of :K.;<Iing his jtldgJnPnt the JlJ1giTW'r may require any
or all materials to be subject to test by means of samples or otherwise as be may detennine. The
Contractor sbaI1 affm:I such f3ci1ities as the Jl'lgi"""" may require for coDecting and forwattIing samples and
sball not make use of or incorporate in the Work any materia1 repn:sented by the samples until the tests
have been made and the materia1s found in accordance with the RqUiremen1s of the Specifications and are
acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge,
Samples sball be furnished sufficiently in advance so that the results of the required tests may be secured
prior to the incorporation of the materia1 in the Work.
The manner of coDecting and testing samples, as weD as all apparatus and equipment used for this
pwpose, sball conform 10 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 Stora2e of Materials - Ma1eria1s sball be stored so as to insure their pn:servation and quality
and fitness for the work, and sball be so located as to facilitate prompt inspection. Materials iUlpl"l"'dy
stored may be rejected without testing.
6.4 Defective Materials - All materia1s not confotming to the requirements of these
Specifications sball be considered as defective and all such materials, whether in place or not, sball be
rejected and sball be removed immediately from the site of the Work, unless otherwise permitted by the
Engineer. No rejected material, the defects of which have been subsequeolIy ...........ll;;d, sball be used IIIItil
approval bas been given. Upon fai1ure on the part of the Contractor to comply with any order of the
Engineer made under the provisions of this article, the Jl.ngir-.r sba11 have lIIIlhmty to remove and replace
defective materili1 and to deduct the cost of removal and replacement from any monies due or to beoon Ie
due the Contractor,
Bm NO: 37-00101
I)AlTE: 06101101
CITY OF ML\MI BUCH
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SectlOD 7
LEGAL RELATIONS AND RESPONSlBIUIY TO THE PUBLIC
7.1 Laws to be Oblerved -The CWl...a. 111IISt mmiM';'" bim8eIf and c:aJ1lIy with all Federa1,
State, County, and City laws, ",.1:._,. es, IX' reg;1~ and goyan bimseIf .............. with than. He sha11
indP.mnil)r and hold hsmn...... the City, the An:biIeds and all of its offiaD agaIlS, and SCI'VlIDIs against any
claims IX' liability arising fian, 1X'b8sed 1m, the violation of any !RICh laws, by-Iaws, 01.1;._........ tegUiatioos,
orders, or decrees, whether by himself or his employees.
7.1.1 The requiremePt of Chapter 31A, Section 1:1-31 Prevailing Wage is a requirernen1
ofmany consttuction contracts that exceed $1,000,000.00,
7.1.2 PUBLIC EI"''''I1TY CRIMES
A person or affiliate who has been placed on the convicted vendor list foUowing
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 consttuction or repair of a public building or public work,
may not submit bids on leases of real pn)perty to public entity, may not be
awarded or perform work as a contractor, supplier, sulKontractor, or consullanl
under a udl.....t with a public entity , and may not transact business with any public
entity in excess of the threshold amount provided in See, 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
Dam""se Management firm); this will facilitate their receipt of future notices of
solicilalions 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 l)emand!'\tar,com concerning any
changes, such as new address, telephone number, or commodities.
7.2 Permits. Licenses. Occupational Licenses - The Contractor sball procure all pennits and
licenses as required, however, there will be no charge for the consttuction permits issued by the City of
Mil>mi Beach. The Contractor sball also give all notices necessary and incident to the due and lawful
prosecution of the Work.
7.3 Patented Devices. Materials. and Processes - It is mutuaUy understood and agreed that
without exception contract prices are to include all royalties and oosls arising from patents, trademarks, and
copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or
desires to use any design, device, material, or process covered by 1etters, patent or copyright, the right for
such use shall be provided for by suitable legal agreement with the ~ or owner, and a copy of this
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~ sha1l be tiJed widt 1be FJ18ir-r, ~, wb:IIJec or DOt such '8Iecmem is made or tiJed IS
DOled, 1be Cudl..... and 1be SuRty in all C8StlI shall in<'........;/Y and save hmm.....lbe City from any 8Dd
all claims for ~ by reason oflbe use of any such p",~.I~1 deIi8n, device, ma1l::ria1, or prooess,
to be J.l"'h.uu..i under the Camet, and sha11 irWmrnfY 1be said City for any costs, ~ 1Ses. and damages
wbicb. it may be obliged to JllIY, by reason of any such inft~ at any time IiIring 1be prosm1tion or
after completion of 1be Work.
7.4 flloht ofWav - Incases where the WOlk is done onprivale P'.."..rtythe City guarantees the
Contractor1be right-of-way for the construction of the Work, but the CmttactorDRlSt take all precautions
DOt to inconvenience the teDant or JlIOj)eily owner any more than necesSBIY. 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 sbaI1 have no claims for damage due to delay by the City in furnishing ~sary
right-of-way, but should any such delay occur the Contractor sha11 be enti1led to such extension of time for
the completion of his Contracl as may be determined by the City to be reasonable.
In case of damage to the work on account of work so done, the F.ng;n-r 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 sball have the authority to cause such repairs to be made, in which case the Contractor sball
not be relieved in any way from his responsibility for the work perfmmed by him.
7.5 Restontion of Surfaces OMned bv Permit - Any individual, fum, cc co.po.idion wishing
to make an opening in the street must secure a permit from, and will be required to deposit security with,
the Engineer, in a suitable amount to cover the cost of m~lriT1g the ~S?'Y repairs, and the Contractor
sball not allow any person or persons to make an opening un1ess a duly authorized pemlll from the City is
presented.
The right is reserved to lay in the street or to repair any sewer. dmin, mrvlll~ 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 fiT1i.hed Work.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided under
"Ex1ra W ark." Should the Cmttactor refuse or neglect to make the said repairs within the time specified,
the FT1giT>Aer sbaI1 have the authority to cause such repairs to be made, in which case the Contractor sbaI1
not be relieved in any way from his IeSpOllsibi1ity for the work performed by him.
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...
The Qd....... 8'--.' H tb: paymeot oraD just cI8ims for JIIIIlaiaIs, supplies, tools, laber, and ad. just
claims against him or any subc. ..Il....... in y ..-~ with this Coolmct and his boods wiD DOt be tdeased
by fina1 ~ and payment by tb: City unless all such claims are peid or Jl".....-l
7.14 CoutI'lIdor ~.......MIhI1Ifv iIr Work - Unti1 ~~........ oftb: Wmc by tb: BolIId it sbaI1
be undc:r the charge and care of the Qdacb and be sha11lake every JIPN"''''''Y precaution against injury
or damage to any part 1iaeofby tb: action of the ,,~ or ftan any ad. cause wha1soeva' arising ftan
the execution or from the non execution of the Work. The Contractor sha11 rebuild, repair. restore, and
make good, at his own expense, all injuries or damages to any portion of the Wmc occasioned by any of
the above causes beflxe its completion and ~ except such ordinary wear and tear as may be due
to use on sections opened for service, as ben:inafter provided.
7.15 Ql)enln.. ofSec:tlon of Work for Service - Whenever, in the opinion of the FJ1~, any
portion of the Work is in acceplable condition for use it sha11 be opened for service as may be diledl.d and
such opening sha11 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 renewa1s made on any section
of the Work due to its being opened for use IIIIder instructions from the FJ1g;.-r, to defective maIeriaIs 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 Le2al Rillhts - The City reserves the right, should an error be discovered
in the partia1 or fina1 ....nm~tes, or should conclusive proofs of defective work or materials used by or on
the part of the Contractor be discovered after the fina1 payment has been made, 10 claim and recover by
process of law such sums as may be sufficient to correcl the error or make good the defects in the work
and materia1s,
7.17 LlabUlties and Duties of Contractor Not Limited - The mention of any specific duty or
liability upon the Contractor in any part of the Specifications sbaI1 not be construed as a limitation or
restriction upon general1iability or duty irt1pnsed upon the Contractor by the Specifications, said reference
to any specific duty or liability being for pmposes of explanation only. No waiver of any breach of the
Contract sball constitute a waiver of any subsequent breach of any part thereof, nor of the Contract.
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SectloD 8
PR0SECU1l0N AND PROGRESS
8.1 ~- or ,............ Co4ta..:Cl. - The Cwll-.b will DOt be ~tted to sublet, assign,
seD, 1IlIDsfer, Cl' Olhenvise dispooo> of the Coolract Cl' any portion thereof, Cl' ofhis right, title, Cl'intrm;t
therein to any individua1, finD, Cl' COlpulldiOll without the writIa1 COIISCIIt of the Board. In case such
appuval is givm die QAJIlaA. mmt fi1e with the F~ copies of all sub-Con1mcts. No sub-Conlracts
Cl' 1IlIDsfer of Coo1mct sball in any case n:Iease the Contractor ofhis 1iability 1IDlIer Ibis Contract and Bood.
8.2 ProI!I'ess of Work - It is understood and agn:ed that the Conttactor sball C(ml""""'e work
DOt 1ala' than die time limit for br.ginning as set forth in the ---'-I Proposa1, and sball provide an adequate
force of 1abor and equipment to pro5eC'lte the Work at as many different points as may be deemed
news ry by the F11gin- so as to insure the completion of the same within die time limit fCl' completion as
set forth in the allached Proposa1 or Contract, except that where the Contractor bas more than one
uncompleted Contract with the City, he is not to commence another Contract 1101' place materials on the
stIeels thereof without the consent of the F.11gjn-r,
8.3 LImItations of Ooeratlons - The work is to be confined, at any one time, to five squares, not
to exceed l,soo feet in length; and while the work is actuaI1y 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 need1ess1y obslructed but no street is to be opened to traffic until the Fngineer gives his consent
The Contractor may erect or IJ'1'Immin along the 1ines 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 stIeels or sidewa1ks, The size, location, and cons1IUction of these must be subject to the approval of
the F.ngi"""",
The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere
with the operations of other contractors engaged upon adjacent work and to join his work to that of others
in a proper manner in accordance with the spirit of the Plans and Specifications, and to perfonn his work
in the proper sequence in relation to that of other Contractors, all as may be directed by the F11gineer,
Each Contractor sball be held responsible for any damage done by him Cl' his agents to the work
performed by another Contractor. Each Contractor sbaI1 so conduct his operations and maintain the Work
in such condition that adequate drainage sball be in effect at all times.
8.4 Character of Workmen and EauiDment - The Contractor sball employ such
superintenderrts. fomnen, and workmen as are carefu1 and ~ Whenever the F.ng;..-r sball
detennine that any person employai by the Cuu1:a..JoI is, in his opinion, ioo.,~~~~. unfiIi1hfu1, disorderly,
or insubordinate such person sball, upon notice, be discharged from the Work and sball not again be
employed on it except with written consenl of the F~,
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All ~ 1DI1lIt haw .~ ski11 8Dd apeliaIcc to paop.dy l"'lfiluu the 'MIk -;p""ll
1bem. All WI............ ~ 011 specia1 wmc or skiIJed WOJk, or in lID)' lIadc, sblI1l haw Iai ...ftidont
expc:ricu;:e in such wmc to pa~ IIId ..".;~ perfUuu it 8Dd to opalIIIe the ecp.;pn- inwIwd,
and sba11 make due 8Dd JIOPllI' effort to extll:lR the WcxIc in the nllln...... JlIo~ in 1bese Spe<m. ~.
Otberwise the P118i'-r may take action as above prescribed.
Should the Cwb....... fiIilto 1llIDlJve such person or pcISOdS, or fiIillD fitmish sui1abIe cr ..~
l1lacl1inery, ecp.;y..~ or force for the JIOPllI' prosecuIioo of the Wodc, the P~ may wi1hbo1d all
estimates which are or may become due, or may suspend the Work until such orders are complied with.
The equipment used 00 any portion of the Work sball be such that no iJyury to the roadway, ...{j"-~
pa~ty, or other highways will RSU!t fiom its use; and 00 item ofmar.hinety crcquipmcnt, alh:roncc being
place on the Work, sba11 be removed without the consent of the Engineer,
8.5 Temoorarv SDJl)ension of Work . The City or P~ sba11 have lbe audJority to smpend
the Work whoUy or in part for such period or periods as may be tWrnM neces.wy 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 necesslll)' due to the fiIilure on the part of the Contractor to cany out orden given or
perform any or all provisions of the Contract. If it should become --sI''''')' to stop work for an indefinite
period, the Contractor sball store all materials in such manner that they will DOt obstruct or impede the
traveling public IIn......essari1y, nor become damaged in any way, and he sbaI1 take every reasonable
precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the
roadway by opening ditches, shoulder drains, elc" and erect temperaI)' structures where di=ted. The
Contractor sball not suspend the Work and sball not remove any equipment, tools, lumber, or other
materials without the written permission of the F'lginet'l'.
No allowance ofany kitxI will be made for such Sll5pllnsion ofwork except an equiva1ent extaJsion of time
for completion of the Contract.
8.6 ComDutadon of Contract TIme for ComDletion of the Work. Contractor sbaI1 perform
fully, entirely, and in accordance with these Specifications the Work con1racted for within specified time
stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the 1ength
of time expressed in days, during which the prosecution of the Work bas been delayed in consequence of
any suspension of work ordered by the P'1gi""-er, or omission of the Board and not by any fimlt of the
Contractor, sball be added to the contract time as set forth in the attached Proposa1, all ofwbicl1 sball be
detennined by the p~. and whose determination sbaI1 be binding and CODclusive upon boch parties to
the Contract If the satisfactoIy execution and completion of the Contract sball require work or material
in greater value than set forth in the Contract, then the contract time sba11 be iof;mIsed in the same ratio as
the additional value bears to the original value cootracll:d for. No allowance sball be made for delay or
suspension of the prosecution of the Work due to Iiw1t or negligence of the Coo1r.Ictor.
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No claim fir """"'r sha1l be 1IBIe or a110wed 011 account of de1ay or ~ ()(' ..;.Inf'ld by the
~ of otber COIItIaClS whid1 may be either let or executed befie the executiOll of the CoolrtM:t.
or OIIl1CCOU11t of the slreets or strul:Iunis adjacent 10 the W<* not being in the CllDditiOll Co ..1..., '1.Jatrd by
the parties at the time of m.lriftg the CoolrtM:t. or OIIl1CCOU11t of delay in the ranoval of obstructioDs; but
if the Coolractor sha1l be delayed in the petti.,. ollnN'! of his work by reason of the slreets or strul:Iunis
adjacent to the Work not being in c:oodition <'.~""'1'1ated, or OIIl1CCOU11t of delay in the ranoval of
obstructions, or by reason of the W<* or any part thereofbeing SI1~ 011 account of otber conlJacIs,
or for any other reason, such allowance of time will be made as the Engineer sbaI1 deem reasonable.
8.7 FaUure to ComDIete the Work on TIme - The Work to be done under this Contract is to
be begun 011 or before the date set forth in the allaChed Proposa1, and sball be prosecuted with proper
dispatrl:1 towards completion to the <:Iridiorrion of the F~, and is to be fuI1y completed wi1hin the time
1imit set forth in the aIlached Pioposa1, and it is understood and agreed that the time limit for the completim
of said Work is of the essence of the ConlnIct, and should the Contractor fail to complete the Work on or
before the date specified it is agreed that for each calendar day that any work sba11 remain III1COIllpleted,
after the time specified in the attached ProposaL with any extension of time which may be allowed by the
F'lgi.-r for the completion of the Wade provided for in these Plans, Specificatioos. Special Provisions, and
Contract, the sum per day given in the following schedule sball 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 Oav See Paragraph 3.2 of
Agreement
The Contractor sball take into account all contingent work which bas to be done by otber parties,
arising from any cause whatsoever, and sba11 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 sball be construed as 1imiting the right of the Board to declare the Contract
forfeited, 10 take over the Work, or to claim damages for the fai1ure of the Contractor to abide by each and
every one of the teIms of this Contract as set forth and provided for in the Genernl Provisions, Special
Provisions, and Specifications herein contained.
8.8 Annulment of Contract - If the Contractor fai1s to begin the Wade under Contract wi1hin the
time specified, or fai1s to perfunu the Wade with sufficieot wOOanen and equipment or with sufficient
materials to insure the prompt completion of said Work, or sballl""fuull the Work UllSUitabIy, or sball
neglect or refuse to remove materials or perform anew such work as sball be rejected as defective and
unsuitable, or sba11 discontinue the prooecution of the Work, or if the Contractor sha11 become insolven1 or
be declared bankrupt, or commit any act ofbankruptcy or insolvency, or a110w any finaljudganent to stand
against him unsatisfied for a period of forty eight (48) hours, or sbaI1 make an "-<<ipnent for the benefit of
creditors, or from any other cause whatsoever sball not cany on the Work in an acceptable manner, the
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F"Ii- may give 1IOIic:e in writing to lbe c............ IDd his Slnty of such delay. ~ or dc&ult,
specifying lbe same, 8Dd iflbe c..&.... witbin a pa:iod ofm (10) days afta- such 1IOIic:e sha1l DOt
proceed in &()Oa&.uce tbcrewidl, 1ben lbe Baud sha1l qxm wriam cati1iaIte fim1 the FT- of lbe fact
of such delay, neg1ect, or deliwlt 8Dd lbe Co.Jb..Jut's fiIilure to comply with such notice, have full power
8Dd authority, without violating lbe Contract, to take lbe prosecution of lbe wodt out of the haods of said
Contractor, to "I'1"U}IIia1e or use any or all ma1aia1s and eq.,~.,""d on lbe ground as may be suitable 8Dd
aa:eplable and may enter into an agn:emcnt for the completion of said Contract ..........Jiug to the tams and
provisions tbereof, or use such other methods as in its opinion sball seem advisable for lbe completion of
said Contract in an acccptIble manner, All costs and charges incurred by lbe Board, together with the
oosls of completing the WlXk IIIlIIca' ....ub.....t, sbaI1 be deducted from any monies due 01' which may become
due said Contractor, In case the expease so incmmi by the Board sball be less than the sum wbich woo1d
have been payable under the Conlract ifil bad been completed by said Contractor, then the said Contractor
sball be entitled to receive the difference, and in case such expense sball exceed the sum which woo1d have
been payable IIDder the Contract, 1ben the Con1ractor and the Surety sbaI1 be liable 8Dd sbaI1 pay to the City
the amount of said excess.
8.9 Termination of Contractor's Resoonsibllltv - This Contract will be considered complete
when all work has been completed, fina1 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.
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Seedoa 9
MEASUREMENT AND PAYMENT
9.1 Meunremat of Ouatltles - All work c:mtp1e1a11IIIder Ibis CaoInIct sball be measumi
by the p~. aa:ordiDg to UniIed States SIaDdard Measures. All maISIIIaIIeIllS sball be lakm
bIlrizootal or vatic:al, ext:qll for paving surfiIces, wbic:b. will be lakm akq the actual sudiIce of the
pavancnt. No a11owm:e sha11 be made for surfaces laid 0Ya' a greatrr area than auIbxized or fir maIaial
moved from 0UlSide of slopc-slakes and 1ines shown on the Plans, except where such work is done upon
written insIructiOllS of the p~
9.2 Scone of Payments - It is undastood and agreed that the Contractor sbaI1 receive and accept
the prices and rates, as herein !p"rified, in full payment for fumisbing all materia1s, 1aIxr, equipmmt, and
tools, and for performing all the Work contemplated and embraced in the alIached 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 obsIructions which may arise or be encountered in the
prosecution of the Work, \IIIlil its fiDa1 accep1ance as hereinafter provided for, and also for all risks of every
description and all expenses incumld by or in consequence of the Sll"...w.:m ordi.l'nnrinlll""'" of the Work
as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion
of the Work in accordance with the Plans, Specifications, and Contract
9.3 Payment and Comne_lion for Altered Onantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and
performed, the Contractor sbaI1 accept payment in full at the Contract llllit price for the actua1 quantities of
work done; no allowance will be made for anticipated profits; increased or decreased work involving
Supplementa1 Agreements sball be paid for as stipu1ated in such agreement
9A Force Account Work - All Extra Work done on a "Force Accouol" basis sbaI1 be perfonned
by such labor, teams, tools, and equipment as may be specified by the Pngj........, and will be paid for in the
foUowing manner:
(a) For all labor, teams, and foremen in din:ct charge of the specified operations, the Contractor
sha1l receive the current local rate of wages, to be agreed upon in writing before starting such WOlX, for
every hour that said labor, teams, and foremen are actually engaged in such work, to which sball be added
an amount equa1 to 15 pen:enl of the sum thereof wbich sball be CODSide:red as fullrn.np...".IriOll for genaal
supervision and the Plmiohing and repairing of sma11 tools and ontinaty equipmett used OIl the udtld such
as picks, hand shovels, plows, etc. In addition to the above, the Contractor sha11 receive the actua1 cost for
Socia1 Security Taxes, Unemployment Insurance, and WnrIantn's Cu..oper..fioo Insurm:e involved in such
force account work, based on the actua1 wages paid the said 1abor and foremen. No percentage will be
added to the cost of such taxes or insurance,
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(b) POI' an malaials used the c..t.-.b sbaIl RlCeM: the aduIl CIOlIt of u:h.....;.ds, dI:Ii_.d
at the site, as shown by the origiDal ~ bi11a, but 110 ~~.I..". sbaIl be a110wed m the CIOlItofu:h
malaiaIs.
(c) POI' any specia1 eq\..-. ~. 01' n_J.;.~y. sud1 as powa' driwn ro1Iers, lnIl::lDrS, 1nIl:ks, sbmeIs,
driUs, ............ mixas, pumps, and boisls, a1so itWIlria1ll1ilway eQ". _.~.., c:rushers, elic., required ir the
ecooomical pe'&..._,.~ of the wodc, the P~ sbaIl allow the Cwb-.a. a nlS~~1e ft:Illa! price to
be agreed upon in writing befoe such work is begun, fir each and every hour that said specia1 eQ''''"'''"t
is in use on the work, to which SIDn DO percentage sball be added.
The cotnpaISlItion as haein provided sball be received by the Contractor as payment in fun for
Extra Work done on a force account basis.
The Contractor's representative and the Inspector sball compare records of extra work done on
a force account basis at the end of each day, Copies of these records sba11 be made in duplicate upon a
form provided for this pwpose by the Inspector and signed by both the Inspector and the Contractor's
representative, one copy being forwarded, respectively, to the PJ1ginr.P.r ofbis authorized represenlaIive,
and to the Contractor, All claims for extra work done on a fon:e account basis sball be submi1IM as
hereinbefore provided by the Contractor upon certified statements, to which sball be AfflIrhed origioal
I<:.,.,iptbl bi11s oovering the 00SlS of and the fu:igbt charges and hau1ing on all materia1s used in such wodc.
and such statemenls sball be submitted to the F.~ on the current """"""" of the month in wbicl1 work
was actually done,
9.5 OmItted Items - The City sball have the right to cancel the portions of the Contract re1aIing
to the constroction 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 cance1la1ion or suspension of the work by order of the
F.ngi........
9.6 Partial Payments - If the Work progresses according to Conlracl, the Contractor will be
paid monthly ninety (90) percent of the value of the work completed, and materia1s fiunished by the
ContI3ctor under these Specifications, when such materia1s have been delivered, inspected, and payments
satisfuctorily vouched for to the PJ1gi........, provided the materials, in the jn<lgrnmt of the PJ1gi~. an: std1
as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amounI due
being rescIVed IIIllil a fina1 ~ afler the COJl1l!elim of the Work. c...Jh...b sha11 provide P AIUIAL
RELEASE OF LIENS with each Application for payment.
It is understood and agreed that the City may also deduct from any ~. either partia1 or final,
the amount of any unsatisfied claim against the Con1raaor for labor, materials, teams, ~ m:Vor
other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the fina1 accepIanCe, or shou1d
a reasonable doubt arise previous to the fina1 actq.>l~'o;;f! as to the integrity ofany part of the :<:;'1'ot":t:d
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\WIt, the ~ :........ and paytDID fir such defective 01' <r.....~w1 v.uk sbI1lllllt be a1lowed UDtil the defect
has been J~'...-lied and causes h doubt nmoved. The 1I1IIIih1y paymadB sbI1l be _ua:"'- ooly, and
all partia!....tin._ and paymc:nIS shall be subject 10 cmeclion in the fiDal.,d:.. ..... and paytnaJt. If the
10laI amount of the ,-;""-':1 pe....dloge of the CODInIct is great1y in excess of the \ID("'I)11eled portion of
the CODInIct the FJ1gitw'r may a1Iow the Ca:dracllr a portion of the Slllli""'..-t..d paymeIIl, provided that the
City shall at all times main an lII1V'OJI1l sufficient 10 emble it 10 cmnplde the '1I1NWI1plelM v.uk in the
Contract and liquidate .m"";dVx\ claims.
9.7 Acceotance and FIDaI Pavment - Whenever the improvement provided for II1Iller this
Contract shall have been comp1etely performed on the part of the Contractor. and all parts oftbe Work
have been approved by the Fngitw'r according to the Contract, and all trash, debris, eqnipment. and other
things used in the coostroction n:moved from the site of the consUuction and from the adjoining land, the
FI1gitvon, after fiDal inspection as provided herein, shall certifY such fact to the Board in writing,
recommending the acceptance of the Work.
Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will
be prepared by the Engineer as soon as the 1le(',....,"'Y measurements and computations can be made all
prior certificates or ...mn...... upon which payments have been made being approximate only and subject
to correction in the Final E<ti",.....,.
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 fina.l payment the City is to be released from all1iability whatever growing out of this
Contract.
No fina.l payment shall be made without the submiUal of the following documents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE
SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL
CERTlFlCATE OF OCCUPANCY FROM THE BUILDING OFFICIAl., a LEITER OF FINAL
COMPLETION or LETfER OF FINAL ACCEPTANCE from the AlE of record, approved by the
City,
Bll) NO: 37-00101
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SeetIH 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Befte SllIIting WOIk !be Couh.....tul shall fumish
ostrimm.y evideD::'e that he bas c:::oqllied with !be Wtwfmvon's ('... ......-rino:I Act of!be Slate
of Florida, and any ~ tbemo, and all laws p<alaiuiug 10 !be plota:OOn of his
employees,
10,2 BONDS: Bid and Contract Bonds will be requimI. A casbier's check, treasun:r's check, bank
draft of any National or State bank, or Bid Bond payable to the order of the City of Miami
Beacl1 aecuted by !be bidder in the amount ofnot less than five (5%) percent of the tota1 bid
sball 11<<' ....,..oy each proposal. The PerfOlIlllllll:e and Payment Bonds sball each be in the
amount of one hundred (H)(l"Io) percatt of the COD1IaCl price, submiUl:d by the succ:essful bidder
and placed through a Miami Beach agency where practicable.
10.3 PROTECTION TO PUBUC: The Contractor sball erect and maintain barricades and
warning signs to protect !be public during the course of the work.
The Cootractor sball1ake every precaution to protect the abutting pl~<lS and rninimi7.l: the
possibi1ity of damage to same, Contractor sbaI1 be liable for restoration of all ~~y including
City property,
10,4 LEGAL LIABD..ITY: All suits, actions, or claims of whatever nature which, may arise
occasioned either direct1y or indirect1y by the WOIk provided for \IIIlIer the Specifications herein,
sball be asswned by the Contractor and the City Commission and all i1s officers, agents,
employees sball be indemnified and saved harmless therefrom.
10.5 FAMILIARIZATION: The Contractor sball visit the site of proposed work in order to
become fiuniliar with existing conditiOllS at the site.
10.6 PERMITS: The Contractor sball procure all pemrits and licenses as required, however, there
will be 110 charge for the construction permits issued by the City of Miami Beach.
10,7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS:
In case of conflict between the requirements of Special ProvisiOllS and Genetal Provisions, the
n:qi.W<auoUIl. of the Specia1 Provisions will prevail
10,8 LIMITATIONS OF OPERATIONS:
No WOIk sball be accomplished on Saturdays and Sundays. No work sball take place between
the hours of 6:00 pm. and 7:00 a.m., however contIlIctor may take Dr"P""l''Y pm:autions to
protect WOIk aImIdy a.;oomplished. Any work that !be contractor finds -....-y to provide
during the above days and times, nmst obIain wri1Im permi",;,-" fian the Property Managanem
Director or designated representative.
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CEILING TILE REPLACEMENT FOR THE
MIAMI BEACH CONVENTION CEN'n:R
ITEM DESCRIPTION: CEILING TILE REPLACEMENT
Location:
West Wrap Lobbies, Ballrooms, Meeting Rooms It the Executive
Office Area, Skywalk West End and Center Pod 1 It 3 Level Areas.
Soeclfications :
Remove and discard of all existing ceiling tiles in the above specified locations,
Supply and inslall new 24" X 24" X 'Yo" White Auu..tl...g U1tima Ceilings #1912
HumiGuard Plus ceiling tiles. (or Equal)
Total square footage Is 191, 500.
. Selected Contractor must submit manufacturer's specifications and samples of the tiles, before any
work is commenced.
. All required permits are to be gathered by the contractor,
. Contractor must coordinate all work according to MBCC event scbedu1e.
(Will be discussed at the Pre-construction meeting to the Contractor who is A warded this
project)
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DMSION 3. LOBBYISTS
Sec. 2-481. DeftDltiou.
The fo11owiDg wmIs, lams lIIId pbram, when used in Ibis divisim, sba11 haw 1bc mP.lmiT1p asaibcd to
1ban in Ibis sec:tim, except wbae 1bc confP.rt cIearly ~ a diffi:mJt mP.lmi11g;
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recc".... oMd legislation or give advice to the city commissioners,
Autonomous pcawnnel includes but is DOt limited to the moom~ of the hno,m,g auIbority, personnel boanI,
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 c.ertain defined functions or areas
of responsibility,
Commissioner.; means the mayor and members of the city commi!:.<ion,
Departmenta1 personnel means the city manager, all assistant city managers, all department heads, the city
attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel
when acting in COIIIlIlCtion with administrative hearings sbaI1 not be included for pwposes of this division.
Lobbyist means all persons employed or retained, whether paid or nol, by a principal who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissiooa-; any action, decision, recommendation of any city board or VJl,uuilfa" or any action, decision
or recommendation of any personnel defined in any manner in this section, during the time period of the
entire decisiOlHllllking process on such action, decision or recommendation that fm:seeably will be beard
or reviewed by the city commission, or a city board or committee. The lem1 specifically includes the
principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such
10bbying activities ful1 within the nonna1 scope of employment of such agent, aItomey, officer or emp1oyee,
Quasi-judicial pemmel 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 m';"'''''e abatement boanI,
specia1 master hearings and administrative hearings sball not be included for pwposes of this division.
(Ord, No, 92-2777, ~~ 1,2,3-4-92; Ord. No, 92-2785, ~~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
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Sec. 2-482. RegislraIioo.
(a) All Jobbyisls sbaII, befiR ~ in any 10bbying IClivilia, MSi* wiIh die at)' cIat. Every
person ~ to regisIer shal1 regisIer 011 fonns yatpa..,d by die clak, pay a tqisInIIim fee as 'P"Cifie<l
in appendix A and slate tmdc:r oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which bas employed the registrant to
lobby;
(4) The cmnmi.w-r or personnel sought to be lobbied; and
(5) The specific issue on which he bas been employed to lobby,
(b) Any change to any infmna1ion cxigina11y fik:d, oc any additiona1 city c. ...",;",ino)er oc peI'SOII1ICl wOO are
also sought to be lobbied sba11 require tba1 the 10bbyist file an llI1leIIlImem to the ~ forJm, a!lhougb
no additional fee sba11 be required foc such amendment. The lobbyist bas a continning duty to supply
infonnatioo and amend the fonns fi1ed 1hroughout the period for which the lobbying oa:urs.
(c) If the lobbyist represents a COIpOllIIion, partnership or trUSt, the chief offica', partner or beneficiary sba11
also be identified. Wdboot limiting the foregoing, the lobbyist sbaI1 also identify all penom holding. direct1y
or indirect1y, a five pen:eIlt or more ownership interest in such corporation, partnership, or trust.
(d) Separate registration sball be required for each principal represented on each specific issue, Such issue
sba11 be described with as much delail as is prnctica1, including rot not limited to a specific descriptioo where
applicable of a pending request for a proposa1, invitation to bid, or public bearing number, The city clerk
sba11 reject any registIatioo slatfment not providing a description of the specific issue on which such 10bbyist
has been employed to lobby,
(e) Each person who withdraws as a lobbyist for a particular clienl sba11 file an ''I'I''''I'liate notice of
withdrawal.
(f) In addition to the registralioo fee required in subsection (a) of this section, regislralion ofall1obbyists sbaI1
be required prior to October I of every even-nwnbered year; and the fee for biennial registration sball be
as specified in appendix A
(g) In addition to the matters addressed above, every registrant sba11 be required to slate the extent of any
~ISinPss> financial, fami1ia1 or profes.oinn;lt relationship, or other relationship giving rise 10 an ~a...... of
an imvlopliety, with any cum:ot city cnmm;...;oner or pcrsonnc1 who is sought to be 10bbied as identified
on the lobbyist registration form filed.
(h) The registration fees ~ by subsections (a) and (f) of this section sba11 be deposited by the clerk
into a separate account and shal1 be expended only to cover the costs incum:d in admini""'ring the
provisions of this di.visioiL There sball be no fee required foc fi1ing a notice of Wi1hdrawa1, and the city
IIl8IIlIF sball waive the regislra1ion fee upon a finding of financia1 hardship, based upon a :;worn ,,~a'~. ....t
of the applicant. Any person who only appeatS as a representative of a oooprofit CIlII""ali.m or entity (such
as a charitable orgl"'i..mon, a neighbodlood or homeowner association, a 10caI "ham..... of commerce or
a trade association or trade union), without specia1 compensation or reimbursement for the ~....;e,
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wbctbcr direct, iDdim:t ar(..~:......I.IoexpR:SS suppm ofar opp...;,inn 10 Illy iIan, sb8I1 not be ...,.a..d
to Rl8i*t with 1be c:Iak as R:qUired by litis IllCtiat Copies of MgislnIIim bms shaD be Ii.......... 10 eId1
......",.,;..Oi<XIer or oCbcr ~ 1lIIIDed m 1be forms.
(On!. No. 92-2777, f 3, 3-4-92; On!. No. 92-2785, f 3, 6-17-92)
Sec. 2-483. &~ to registndim.
<a) Any pub1ic ofl'iar, ~ or ~ or any pasa1 or at1ity in ........a.ml p:ivity with 1be city wbo
ooly ~& in his official capacity sha11 not be required to register as a 1obbyist.
(b) Any person wbo ooly appealS in his individual capacity at a public bearing before the city commissim,
planning board, boaId of adjustment, or other boaId or committee and bas 110 other comnnmication with
the personnel defined in section 2481, for the pwpose of se1f-n:preseotalion without compensation or
reiInbmxment, whether direct, indirect ar contingent, to express suppm of or opposition. to any item, sbaI1
not be required to register as a lobbyist, including but not 1imited to those wbo are members ofbomcowner
or neigbborbood associations, All speakers shall, however, sign up on lOOns available at the public hearing.
Additionally, any person requested to appear before any city pmonne~ boaId or commission, or any
person compeUed to answer for or appea1ing a code violation, a mu",,'1Ce abatement board hearing, a
specia1 master hearing or an administralive hearing sball not be required to register, nor sball any agent,
attorney, officer or employee of such person,
(Ord, No, 92-2777, ~~ 4, 5, 3-4-92; Ord, No, 92-2785, ~~ 4, 5, 6-17-92)
Sec. 2-484, Sign-in logs,
In addition to the registration requiremenls addressed above, all city ~tu.oub, including the offices of
the mayor and city commission, the offices of the city manager, and the offices of the city attorney, sball
mainlain siga:d sign-in logs for allllOlM:ity employees or pmonnel for registration when they meet with any
personnel as defined in section 2-481,
(Ord, No, 92-2785, ~ 6, 6-17-92)
Sec, 2-485. List of expenditures.
(a) On October I of each year, 10bbyists shaU submit to the city clerk a siga:d <Ia_t under oath listing
all lobbying ~ in the city for the ~ing calendar year, A st.I~,.odIl shaU be fi1ed even ifthcre
have been no expenditures during the reporting period.
(b) The city c1c:k sbaI1 publish logs on a quarterly and annua1 basis reflecting the 10bbyist registrations filed.
All logs required by this section shaU be prepared in a manner snhdantially similar to the logs I"_..d for
the state legislature pursuanl to F,S. ~ 11.0045.
(c) All members of the city commissia1 and all city personnel sball be di1igeot 10 asca1lIin whether peIS01lS
required to register pursuant to this section have complied with the recpn:ments of this division.
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O........:ooi.......crcity paiullllGl may11lltknowittglypamitdJ.oo.,"",- to be 10bbied by a peIllllIl who is
11llt I~.,d pursuant to litis section to lobby the .......m..;,.""". cr the reIeYlml.... n. ':-. baud cr city
persoonel.
(d) The city 8IIOIney sha1l in\'f'JlIigplP any perSOIIS ""1g g d in lobbying ICtiviIies who lIRl tqXRd to be in
vioIaIion oflbis diviW:n The city 8IImIey sba11 Il:plXtthe teSUIls of the ~ to the city ~......;.,~;,..,
Any a11eged vioIata sba11 also receive the tesUl1s of any iJ1ve;Iigl'li<m and sha1l 11M the opportunity to IdJut
the tintIin~ if ~sry, and submit any written malaial in defense to the city commission. The city
('.(lI71mi..ann may reprimand, censure, ~JSpeM or prohibit such peIliOO fitm 10bbying before the canmission
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)
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DMSlON of. PROCUREMENT
See. 2-486. CODe of sUe.ce.
(a) c....&-.ll> ilr the provisian of goods IIIli services odter 1ban audit coDnIclS.
(I) Dr-R'1itinn "Cme of siII:uce" is btRby dl:fiu.d 10 mean a p'Obibitim on: (a) any <nmmmiNltinn
t"Jl"'Jiag a pmticu1ar mpJeSt for plap..sl ("RFP"), request for q"..I;~ ("RFQ"), request for
letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder,lobbyist,
or coosul1ant and the city's plofessiona1 staff including, but not limiled to, the city 1I1llIIlIF and his
or her staff; and (b) any communication r_diug a particular RFP, RFQ, RFU, or bid between
the mayor, city commissioners, or their .~ve sIaf1S, and any ""'"""'" of the city's professional
staff including, but not limiled to, the city ~ and his or her slaff. N~ng the
foregoing, the CODe of silence sball not apply to competitive processes for the award of CDBG,
HOME, SHIP and SurtIX Funds lIlimm;dP.rerl by the city office of community deve1opment, and
communications with the city attorney and his or her slaff.
(2) Procedure,
a. A CODe of si1ence sba11 be nnpn.M upon each RFP, RFQ, RFLI, and bid after the advertisement
of said RFP, RFQ, RFU, or bid At the time of imposition of the cone of silence, the city
1I1llIIlIF or his or her designee sball provide for public notice of the cone of silence. The city
manager sbaI1 inc1ude in any public solici1ation for goods and services a statemenl disclosing the
l'lXjlWoauoub of this division.
b, The CODe of silence sba11 terminate a) at the time the city manager makes his or her written
recornn-vl..rion 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 mxmnnendation back to the
city manager IX' staff for further review, the CODe of silf2lce sbaI1 be ",iwpooed 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 ormn..fl<? sball not apply b oral communications at pre-bid
conferences, oral presentations before evaluation committees, conlract discussions during any duly
noticed public meeting. pdllic ~ made 10 the city commissiaICIs during any duly noticed
public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI,
or bid by the city cnmmi".;on, or communic:atioos in writing at any time with any city employ=.
official or IIII'>1Iber of the city commission, mless specifically prohibilM by the applicable RFP,
RFQ, RFU, IX' bid documents. The bidder or proposer sball file a copy of any written
communicatioos with the city clerk. The city clerk sba11 make copies available to any per.iOIl upon
request.
(b) Audit contracts,
(2) "Cone of silence" is hereby defined to mean a probibition on: (a) any NWnm1m~oos regarding a
particu1ar RFP, RFQ, RFLI, or bid bet..cc:n a ~..I vendor, service provider, bidder, lobbyist,
or consultant and the mayor, city ........mmnr-, or their respective sIaf1S, and any member of the
city's professjcnll staffincluding. but not 1imiIIed to the city 1lIlIIIlIgft' and his or her slaff; and (b) any
oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
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1)......:",,"- ortbrlir IapOCtive slIdIi lIIId any mr.mberof1be city's pt>""'........1 Slaft"indn.ti'l&
but 1IIlt 1imi1ed 10, 1be city n' - F' IDd his or her slatt Nm-jII>..ol-..mng 1hc fu."';'" 1hc c:ooe of
silence shall1lllt apply to .............. ..v- with 1hc city ~ lIIId his or her slatt
(2) Except as provided in subsecriQllS (b)(3) and (bX4) hemlf; a QOIIe of siIaIce shaD be .," .....i ~
each RFP, RFQ, RFU, or bid for 8Udit services after 1hc adYalisemr:Dt of said RFP, RFQ, RFIl,
or bid. At 1hc time of1hc ~ of1hc c:ooe of siIatce, 1be city """"'8"" or his or her MeOW-
shall provide for 1hc public notice of 1hc c:ooe of silaIce. The c:ooe of silax:e shaD fP.nnitudP. a) at
the time 1hc city 11llIIIlIger makes his or her written =om........ru.nQll as to the selection of a
particular RFP, RFQ, RFLI, or bid to tbe city cmmnio.<ion; provided, however, that if tbe city
commission refers the 1IIlIIlIIgCI's .....0-,.., "'. ..-l.nlJ1l back to the city 11llIIIlIger or staff for further
review, tbe CODe of si!eoce shall be ,,,....,osed unti1 such time as the DIIIDlIgeI' makes a subsequent
written teCQlnn lP.f1IIMion, or
b) or in the event of contracts for less than S I 0,000,00, when the city 11llIIIlIger executes the contract.
(3) Nothing UJIJ1lliuod baein shall probibitany bidder or P'~' (I) from making public .......,..1.1",",=
at duly noticed ~d confermces or before duly IIllliced eva1uation mmmillPe ~~ (it) fim1
""lIl'gJng in coohid di""'-":ms during any duly IIllliced public ~ (iit) from "'1gllging in
contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit
by the city NWrOniorioo; or (iv) from NWT1n1l",;,.mmg in writing with any city cmployl:e or official for
pmposes of ~g clarification or additiona1 information from the city or responding to the city's
request for clarification or additional infonnation, subject to the provisions of the applicable RFP,
RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written
comnumication with the city clerk. The city clerk shall make copies available 10 the genernl public
upon request.
(4) Nothing contained herein sball prohibit any lobbyist, bidder, proposer, or other person or entity
from publicly addressing the city canmissioners during any duly noticed public meeting regarding
action on any audit cootract. The city manager sbaI1 include in any public solicitation for .n.tiring
services a -- disclosing the requirements of this division.
(c) Violationslpena1ties and procedures. An alleged violation of this section by a particular bidder or
proposer sball subject said bidder or proposer 10 the same procedures set forth in section 2-457, shall
render any RFP awanl, RFQ awanl, RFLI awanl, or bid award to said bidder or proposer void, and said
bidder or proposer sbaI1 not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision
of goods or services for a period of one year. Any person who violates a provision of this division sbaI1 be
prolnbited from serving on a city evalua1ion cnmmittee In addition to any other pcna1ty provided by law,
violation of any provision of this division by a city employee shall subject said employl:e to disciplina1y
action up to and including <Ii.."i"""t Additionally, any person who has persooal knowledge of a violation
of this division shall report such violation to the slate attorney and/or may file a complaint with the camty ,
elhics commission.
(Ord. No. 99-3164, ~ I, 1-6-99)
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ORDINANCE NO ~3234
AN ORDINANCE OF TIll! MAYOR AND CITY COMMISSION OF TIll! CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTI1'I.JID "PROCUREMENT", BY CREATING
DMSION S, ENTITLED "DEBARMENT". SECIlONS 2.397 lHROUGH 2-406 OF TIll! CODE OF
TIll! CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS
FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECI1VE DATE.
NOW lHEREFORE, BE IT ORDAINED BY TIll! MAYOR AND CITY COMMISSION OF TIlE CITY
OF MIAMI BEACH, FLORIDA:
SECIlON I, Miami Beach City COOc, Cbapter 2, en1itled "Adrninimmon", Article VI, entitled
"Procuranall", is b=by amended by adding the following Division 5, entitled - "Debarment
of Contractors from City Worlt" reading as follows:
Division 5. Debannent of contractors from City work.
Section 2.397 Purpose of debarment,
(a) The City sbaU solicit offers from, awmd contracts to, and consent to subcontractors with responsible
contractors only: To effectuate this police, the debarment of contractors from City work may be
undertaken.
(b) The serious nature of ~ requires that this sanction be i~ only when it is in the public
interest for the City's protection. and not for purposes of p'mi.h",...,t Debannent sball be i~ in
accordance with the procedures contained in this ordin~","~,
Section 2-398 Definitions,
(a)Ajfiliates. Business coocems. org;mi7lltilJ1lS, 10bbyists or other individua1s are ~ffili~T'" of
each other if, dim:tly 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 1imited to. a fiduciary re1a1ion which resu1ts from the manifestation of consenl by one
individua1 to lIlIllIixz' that the other sball act on his beha1f and subject to his control, and ~t
by the other so to act; interlocking managemem or 0W1Il:I'Sbip; identity of in1I:mls 3IlDIg 1iunily
members; shared fiIcilities and equipment; \oUWUA>ll use of employees; or a business entity
org;mi7l'1l by a debaual entity, individual, or ~ffil;"r.. following lkL..lUWt of a conlractor that
has the same or similar management, ownership, or principa1 employees as the contractor that
was debarred or suspended.
(b) Civil judgment means a jlvlglno>nt or finding ofa civi1 offense by any court of .....I~
juri.nidinn
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(c) CwtIu. Dte8DS fIl1'J iDdivKb1 << oCbs' legal aDty that
(1)DiR:cdy<< iudireGtIy(e.g.1brougban affili_).IA.m,jIK often forisawmled,,<< ~hIy
may be ~ to submit often or be awarded a City con1nICt, incIudin& but IIOt 1imi1lld to
valIbs, suppliers, providers, bidders, 1''''1'''''''''5, coosuI1ants, and/or design protP.osinnal., or
(2) ('~JClS 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 aiminal offense. be it a felmy or
~, by any comt of ~ jurisdiction. wbedIa' enteRd upon a verdict or a plea.
and includes a conviction entered upon a plea of nolo contender!:
(e) Debarment means action taken by the Debannent Committee to exclude a contractor (and.
in limited insPnreo specified in this orrfi~. a bidder or proposer from City contracting and
City approved subcontracting for a reasonable, specified period as provided in subsection (j)
below: a contractor so excluded is debarred.
(f) Debarment CommiUee means a group of seven (7) individual members, each appointed by
the Mayor and individual City Commissioners, to eva1uate and if warranted. to impose
debarment,
(g) Prt!f181'1tie1Vlltee 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 indictmcm for a crimina1 offense. An infotmaIion or other fi1ing by
competent authority charging a criminal offense sha11 be given the same effect as an indiclment
(I) Legal proceeding means any civi1 judicial proceerling to which the City is a party or any
criminal prnr-nil1g. The term includes appea1s from such ~i11gl'
(j) List of debarred contractors means a list compi1ed, mainmintrl and distributed by the Citys
Procurement Office conmining the names of contractors do:b.u,Qi under the procedures of this
orrli""""".
Section 2-399 List Of debarred contractors,
(a) The City's Procurement Office. is the agency charged with the impJP.rn..nbltion of this
Ul~ sha11:
(I) Compi1e and mainnlin a CUImII. consolidated list (List) ofall .:wt>.........$ dt:bau.d by City
departments, Such List sbaU be jXJb1ic record and sbaU be availab1e for jXJb1ic iJ>~ and
tIi~
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(2) I'eriodiailly ~ and -"NJte 1be List II1d issue suppt.mc..", if r.. t. to III
depaltw.uIa. to 1be Office of1be City MaDaga-1I1d to 1be Mayor II1d City Commi.....""'"
II1d
(3) .....JIIMtI in 1be List shaD be1be name II1d ~11'''<-1IIIIIlber of1be Cityof6cia1l.............
for its ""'~ II1d t1i_""'li/w1
(b) The List sball ;"m,.,m.,'
(I) The names and addresses ofall contractors debatred. in alphabetical order;
(2) The name of the dt:p...l>.u.uI1hat reco..".....ll'ls initiation of the do:b6.UJ<>Jl action;
(3) The cause for the deblumen1 action, as is further descnbed herein. or other statutory or
reguiatory authority:
(4) The effect of the dt:W.UJ<>Jl action:
(5) The terminarinn date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified. when applicable:
(8) The name and telephone mmber of the point of con1act in the dt.p.s.tuA9 rec:omrnending
the debarment action.
(c) The City's Procurement Office sball:
(I) In accordance with interna1 retention procedures, "",intain =rds relating to each
debarment;
(2) Establish proceduml to provide for the effective use of the List, including interna1
distribuIion theR:of. to ensure 1hat dt.p.s. buwts do not solicit offers from, award contracls to,
or consent to subcontracts with contractors on the List: and
(3) Respond to inquiries conceming listed, contractors and coordinate such responses with
the dq-bui:nt 1hat rerom",..",w the action,
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Section 2-400 Effect of debarment.
<a) DIlb6u..d COIIirIIClOrS ue excluded from receiviDg ~acts, aud dt.,,-buouIB sbaD DOt
solicit offers fiom. awmd COIIttlIl:lS to, or cooseot to sutv'nnl"llds with tbese CODtrac:tors.
m1ess the City MaDager (\J .. .:. ....1IIIt an """"'.....1 exisls justi1YiDg such a:tim and oblaiDs
approval from the Mayor and City Cnmmi...w., which approval sbaD be gjvm by SI7tbs VIllI::
of the City C.nrmni,..;oo at a ~ ...1-h.Jed City Commi!loic:ln ..-n.g De\:;..u..d
contractors ue also excluded from CQIl/II1,.ring business with the City as agents,
representatives subconlIactors or partners of other cootractors.
(b) Debaned conlIactors ue excluded from acting as individual sumies.
Section 2-40 1 Continuation of cu"ent contracts.
<a) CutUu.aA,mg on the effective date oflbis ordinance. all proposed City contracts. as well
as Request for Proposals (RFP). Request for QnllIiMm'lDS (RFO). Requests for Letters of
Interest (RFLI). or bids issued be the City. sball incorporate this ~ and specify that
debannent may constitute grounds for tenninalion of the contract as well as disqualification
from consideration on any RFP. RFO. RFLl. or bid
(b) The debarment shall take effect in accordance with the notice provided by the City
Manager pursuant to subsection 2-40S(b) below. except that if a City department bas
contracts or subcontracts in existence at the time the contractor was debarred, the dehmnv-nt
period may commence upon the conclusion of the contnIct. subject to approval of same be
snths vote of the Mayor and City Commission at a regularly schedu1ed meeting.
(c) City departments may not renew or otherwise exII::IId the duration of cwrent contracts. or
consent to subcontracts with debarred contractors, un1ess the City Manager determines that
an emergency exists justifying the renewa1 or extension or for an approved extension due to
delay or time extension for reasons beyond the COIIIrlIClor's control and such action is
approved by Snths VOle of the Mayor and City COuuui.-Won at a n:guIarly scbedu1ed. ~
(d) No further work sbaD be awarded to a debarred cmIIactor in connection with a cnntinniT1g
contract. where the work is divided into separate disade groups and the City's refusal or
denia1 of further work under the contract will not resu1t 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 ~hu.ut sbaD not cooseot to sOOconIIacIs with such conttactllIS un1ess
the City Manager deIamines that an ew..1S<:uC)' exisls justifYing such ... - and the Mayor
and City Olmmission approves such decision, by 5nlbs "Ole at a n:guIarly schedu1ed ...-mg
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(b) The City sbaD DOt be 1~.-b\e for any iac.I T in project COllIS or other ellpClDSe5
incuaed by a ..wb.dul as a rau1t of Iejection of ""upuoed 1lIbconIraclI.,. pursuant to
subsection 2-402(a) above, povidcd the suIx,. ..b..ctor was dl:b-cd prior to bid opening or
opening of i"~ where the CDIItIlIct was awarded be the City pursuant to an RFP. RFO.
RFLI, or bid
Section 2-403 Debarment.
(a) The Debannent Coonnittee may, in the public interest. debar a contractor for any of the
causes listed in Ibis ~. using the procedures oudincd below. The "";<llO!nNO of a cause
for debarment. however. does not "ecessarily require that the CXI:lIractDr be debarred; the
seriousness of the contractor's acts or omissions and any mitigliting factors should be
considered in making any debannent decision.
(b) Debarment constitutes debarment of all officers, directors. shueholders owning or
controlling twenty-five (25) pen-ent of the stock, partners, divisioos or other org;onir-ltiooa1
elements of the debarred contractor, unless the debarred decision is limited by its terms to
specific divisions, ClI:gl"';r-Itiooa1 elements or commodities. The I)fflmnP.nt Committee's
decision includes any existing .ffili.- of the conIraclor. if they are (I) specifically named and
(ii) given written notice of the proposed debannent and an opporttmity to respond
(c) A contractor's debannent sball be effective throughout City Government.
Section 2-404 Causes for debarment
(a) The Debannent Committee sball debar a contractor for a conviction or civi1 judgment,
(1) For commission of a fraud or a aiminal offense in N1I1I1f'.Nion with oblaining. attempting
to obIain, performing, or making a claim upon a public contract or subconIract. or a contract
or subcontract funded in whole or in part with public fimds:
(2) For violation of federa1 or State antitrust 9a/1Jtes relating to the submission of offers:
(3) For commission of _!v.r7I~ theft, forgery, bribery. foJ.m,.,mon or deslruction of
records, making fa1se statements, or receiving stolen Pl~
(4) Which makes the City the prevai1ing party in a 1egal ~ and a court determines
that the lawsuit between the conIractor and the City was fiivolous or filed in bad 13ith.
(b) The Committee may debar a ccotractor, (and, limited in- set forth hereinbelow a
bidder or proposer) based upon a greater weight of the evidence, fOr;
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(1) VIOIaIioD of the tams ofa City ..wIi-.t<< subw.&....L or a contrad or ~-.t
funded in whole or in pert by City fiIIIIIs. such as &ilure Iio ~fuuu in accmIaDce with lbe
tams of ODe (1) or more \MJb-.1lo as ca1ified by the City ~huoul ,dminiotforing the
conlract; <<the failure to pelflA.... <<...-tidlo. tu:ily ped"uuu in accmIaDce with lbe tams
ofone (1) or more ...wtI....llo, as ca1ified by an ino'~6.iontregislaed an:bilect ""l!i.......or
general contractor.
(2) VIOlation of a City orrl~ or adminislraIive order which 1isls ddluunent as a ptWPnti.1
penalty.
Section 2-405 Debarment procedures.
(a) Requesls for the debatment of contIactors may be initiated by a City Department or by
a citizm..at large and sball be made in writing to the Office of the City Managa-. Upon receipt
of a request for debannent, the City Manager sha11 transmit the request to the Mayor and
City Commission at a regularly schMnled ..-ing The Mayor and City Commission sball
transmit the request to a person or persons who shall be charged by the City Commission
with lbe duty of promptly investigating and preparing a written report(s) COI1CaIling the
proposed debarment, including the cause and grounds for debannenl as set fonh in Ibis
ordinance.
(b) Upon completion of the aforestated written report, the City Manager sha11 forward said
report to the Debannent Committee. The City's Procurement Office sha11 act as staff to the
J)ehmnvnt Committee and, with the .,.oi""""", oflbe person or persons which l""I""ed the
report. present evidence and argument to the Debannent Committe
(c) Notice of proposa1to debar. Within ten working days of the Debannent Committee
having receivedthe request for debannent and written report, the City's Procurement Office,
on bebaIf of the Debannent Committee sball issue a notice of ""o~ debannent advising
the UJUtl..clu and any !lp'riMoIIy named .ffi)i-., by =tified mail return receipt requeslIld,
or per.;onal service. containing the following int(wTnodinn.
(1) That debarment is being considered:
(2) The reasons and causes for the proposed dl:b.u......ut in tams sufficient to put lbe
contractor and any named .ffi)i.toos on notice of the conduct or transaction(s) upon which it
is based;
(3) That a 1:raring sha11 be ~1dM before the Debam1P.l1t Coonnittee on a date and time
not less than thirty (30) days ~ service of the notice. The notice sha11 also advise the
conIIlIctor that it may be repn:sentcd by an lIItomey, may pesent doc.I"""',I", i evidence and
verba1 testimony, and may cros.~lI111ine evidence and testimony presented against it
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(4) The notice sball also desaibe 1be effect of the -......... of the notice of ""~
deI:-...~". aud of the ~..I effect of an actua1 dei'-. ..oH1t
(d) No Iaa than _ (1) \WIking days, prior to the ~ed hauing date, the ...dl....tu.
nmst fumish the City's I'roc:uremem Office a list of the defenses the CDIItIlIctor iDll:ods to
pIesem at the hearing. If the CDIItIlIctor fiIiIs to submit the Iist,in writing, at least - (1)
working days prior to the hearing or fiIiIs to seek an exIaIsion of time within which to do so,
the contractor sha11 have waived the opportunity to be heard at the hearing. The Debarment
Commitlee has the right to grant or deny an extension of time, and fur 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.
(e) Hearsay evidence sbaD be llI!mi,..,b1e at the bearing 1M sha11 DOt form the sole basis for
initiating a debarment procedure nor 1be sole basis of any delennination of debannent, The
bearing sha11 be 1Ianscnlled. taped or otherwise recorded by use of a court reporter, at the
election Commitlee and at the expense of the City. Copies of the bearing tape or transcript
shall be furnished at the expense and n:quest of the requesting party.
(t) Debarment Commitlee's decision. In actions based upon a conviction or jlvlgJnP.nt, or in
which there is no genuine dispute over materiallilcls, the Dd:.wu.:nl Commitlee sball make
a decision on the basis of all the IDvli.pnt-.:j material infmnation in the adminislIative record.
including any undisputed, materia1 submissions made by the contractor. Where actions are
based on disputed evidence. the Debarment Commitlee shall decide what weight to attach
to evidence of record, judge the credibility ofwitnesses, and base its decision on the greater
weight of the evidence standard. The Debarment Coonnittee sha11 be the sole trier of fact.
The Conmrittee's decision sball be made within ten (10) waking days after conclusion of the
hearing, lllliess the Debarment Committee extends this period for good cause.
(g) The Committee's decision sha11 be in writing and sha11 include the Committee's factua1
findings, the principa1 causes of del_...~.t as enumerated in this Uf''''-~' idP.ntifi...,tion of
the conIla.;lD, and all named affiliaIe: affected by the decSon, and the specific tam. including
duration, of the debarment i~
(b) Notice of Debarment Coonnittee's decision.
(I) If the Do:ba.uo=t Coonnittee decides to impose del-.,.~.If the City Managershal1 give
the coobactor and any named affili_ involved writIm notice by certified mail, relUm receipt
requested, or hand delivery, within ten (10) waking days of the decisiOl1 specifying the
reasons fur det-...~. .t and including a copy of the Committ....'s writtm decision; slating the
period of del-....eo If, inc1uding. effective dates; and advising 1bat the rlPhornvont is effective
throughout the City departments.
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(2) If.w......- is IIllt ~..i-oeed. tbe City Mana&er sbaD noeifYthe ..dl-.b and any IIlIIIIIld
.ffili~. by c:atificd mail reIum receipt requeslM. or }'<".oo.J savice, wilhin ten (10)
v.ukiDg days of the d.r.i.v..
(i) All ,w.;.,;",., oftbe Olll-..~It O......ittPJe sbaIl be final uI sbaD be effeclive m the dale
the notice is signed by the City Manager. Da:isions of tbe DelM'''~ot Cnmmittee are
Slilject to review by tbe Appellate Division of the Cirwit Court A dth.....d conIrac1llr may
seek a Slay of the debarment decision in accordance with the Florida Rules of Appellate
Procedure.
Section 2-406 Period of debarment.
(a) The period of do:b....w.ut i~ sbaD be within tbe sole disaetion of the Debannent
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause(s), and where applicable, within the guidelines set forth below. but in no event sball
exceed five (5) years.
(b) The following g.riOP.lines in the period of JdM...dlt sball apply except where mitigating
or aggravating cin:umstances justify deviation:
(I) For conunission of an offense as descnbed in subsection 2404(aX1); five (5) years
(2) For commission of an offense as descnbed in subsection 2404(aX2): five (5) years.
(3) For commission ofan offense as descnbed in subsection 2404(aX3): five (5) years.
(4) For commission of an offense as descnbed in subsection 2404(aX4): two (2) to five (5)
years.
(5) For cnmmi,..ion of an offense as descnbed in subsections 2404(bX1) or (2): two (2)
to five (5) years.
(c) The Ol:l-...oe.lt Committee may, in its soiediscretion. reduce tbe period ofdebannent,
upon tbe contractoI's written request. for reasons such as:
(1) Newly discovered materia1 evidence:
(2) Reversal of the conviction or civi1 p~t upon which tbe .w..rm...t was based:
(3) Bona fide change in ownmhip or 1!IlIIIagUIIfII;
(4) F.liminatino of other causes forwbich the delM....ent was in1pnsed; or
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(5) Other reasons the 1}eI\o1. ..~d Committee deems "WI......iate.
(d) The debaned conIractor's written request sbaD contain the reasons for requesling a
reduction in the dd:-...~ol period, The City's I'rocuIaDeDl Office, with the _oi-...... of the
affected ~ buoul shall have lhirty (30) days from rea:ipt of such request to submit written
response thereto.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this QrrtinllllN! is held invalid, the """"m,v..
shall DOt 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 ordinanNo! sbaD become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ~ may be renumbered
relettered to accomplish such intention, and the word "orrli"""""," may be changed to
"section", "article," or other appropriate word.
SECTION 4. REPEALER,
All ordinances or parts of ordinances in conflict herewith be and the same are bereby
repealed
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day of March, 2000.
PASSED and ADOPTED this 23rd day of February, 2000.
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Sec.38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) GaIaal.
(1) No pason who is a vaJdor to the city shall give a ~lV' 00IIIributi0n directly, or
through a """"hw of the pason's ;."",.,m~ fiunily, or through a political a:tim Ouwwilb:,
or through any alba- penon, to a Nlnmtlate. or to the ~ilV' NWnmitt.... of a NlI1tli.iat... for
the offices of mayor or coounissioner. No candidate, or ClI1t1p"igl' committee of a candidate
for the offices of mayor or commissioner, sball solicit or receive any campaign contribution
from a person who is a vendor to the city, or through a member of the person's inunediate
family, or through a political action committee, CI' 1broogb any otber person on behalf of the
person. This prolubition applies to natural persons and to persons who hold a controlling
financia1 interest in business entities.
(2) A fine of up to $500.00 shall be imposed on every person who violates this prolubition.
Each act of solicitation, giving or receiving a conllibution in violation of this paragraph sball
constitute a separate violation. All contnbutions received by a candidate in violation of this
paragraph shall be forfeited to the city's genera1 revenue fund.
(3) A person who directly, or through a member of the person's imrnMi~tp fiunily, or through
a political action committee, or through any other person makes a contnbution to a candidate
who is elected to the office of mayor or commissioner sball be disqua1ified for a period of 12
months following the swearing in of the subject elected oflicial frtm 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 "veodor" 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:
1 A gift, subscription, conveyance, deposit, loan, payment, or distnbution of money or
anything of value, including contnbutions in kind having an at1rilUabie monetary value.
2A transfer of funds between political committees, between COIlIlIiittees of .......nn'1Q\IS
existence, or between a political committee and a committee of continuous ~.
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3. The paymaII, by any person oIberlhan a......mn- or po1itica1 ~ of oo..v"....noo
for the pmonal services of another person which ue rendered to a .....ntlimlt.. or political
committee without cIwge to !be candidate or commitlee for such services.
4.The transfer offimds by a campaign treasurer or deputy campaign treasurer between a
primary depository and a separate interest-bearing accolDlt or certificate of deposit, and the
term includes any interest earned on such account or certificate.
(b) Conditions for waiver of proIubition. The requin:mcnts of this section may be waived for
a particular transaction by city commission vote after public bearing upon finding that:
(1) An open-to-a1l sealed competitive proposa1 bas been submitted and !be city official/done
bas in no way participated in the determination of the bid specifications or bid award;
(2) The I"updty or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such i""I'"'ty or services wi1hout entering into a tnm~ which would
violate this section but for waiver of its reqt.i.6,~, "'.
(3) The business eutity involved in the proposed transaction is the sole soun:e 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 tiPtPnninM by a fiVMeVl:llths vote of the city canmission. Any grant
of waiver by the city commission must be supported with a full disclosure of the subject
campaign contribution.
(c) Applicability. This section shal1 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)
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