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V.I.P. Painting, Inc.INVITATION TO BID PRESSURE CLEAN AND PAINT THE CITY HALL BUILDING BID No. 31-00/01 BID OPENING: June 28, 2001 AT 3:00 PM eti A NON -MANDATORY BID CONFERENCE IS SCHEDULED FOR 10:00 A.M. ON JUNE 11, 2001 AT THE FOLLOWING ADDRESS: MIAMI BEACH CITY HALL FIRST FLOOR CONFERENCE ROOM 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY CLERK CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 http:iki.mlami-beaah.11.us PROCUREMENT DIVISION CITY OF MIAMI BEACH INVITATION TO BID NO. 31-00/01 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 28th day of June, 2001 for. PRESSURE CLEAN AND PAINT THE CITY HALL BUILDING Scope of Work: The work consists of fianishing all labor and materials, machinery, tools, apparatus, means of transportation, supplies, equipment, services and material necessary to pressure clean, minor repair of sti>eco finish and match existing color paint for die entire exterior surfaces of the City of Miami Beach City Hall Building (excluding actual roof surface) and to supply a warranty on the paint and the worlananship for the work of not less than 7 years. Minimum Requirements: All bidding contactors shall have a minimum of seven (7) years of documented commercial painting and finishing experience and shall be experienced in the cleaning and painting of large, multi -story commercial type buildings. All bidding contactors shall provide a minimum of 5 references of commercial buildings that they have painted. The contractor shall have available during the course of the work a quality assurance person that will inspect the progess of work on a daily basis and ensure that the work is being properly completed in accordance with the bid specifications and the manufacturers recommendations. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be retuned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Non -Mandatory Pre -Bid Conference has been scheduled for 10:00 a.m. on June 11, 2001, at the Miami Beach City Hall First Floor Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. A Bid Bond of five (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one -hundred (100%) percent of the annual contract amount. Package request forms are available by calling City of Miami Beach Procurement Division's DetnandStar.com system at (407) 975-3227 and requesting Document #313 Please be advised that this bid does not have accompanying plans. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no lata thanten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendnn. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beady may reject any and all proposals or bids. CITY OF MIAMI BEACH YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. • Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH CITY HALL 1700 comfemoN CENTER DRIVE MIAMI BEACH, FLORIDA 33139 • hOplldmNnibsadLtia TO: COMMISSION MEMORANDUM NO. (ISM Mayor Neisen O. Kasdin and DATE: July 18,2001 Members of the City Commission FROM: Jorge M. Gonzalez City Manager SUBJECT: Request for Approvli1 to Award a Contract to V.I.P Painting, Inc., in the Amount of $48,368, Pursuant to Bid No. 31-00/01 to Pressure Clean and Paint City Hall Building. ADMINISTRATION RECOMMENDATION Approve the award. FUNDING S48,368 Funding is available from the Property Management Account No. 369.2284.069358. ANALYSIS This work consists of furnishing all labor and materials, machinery, tools, apparatus means of transportation, supplies, equipment, services and material necessary to pressure clean, repair minor stucco finish, and match the existing color paint for the entire exterior surfaces of the City of Miami Beach City Hall Building, with a seven (7) year warranty on the paint and the workmanship. Additionally, the contractor will provide required caulking and waterproofing, damp -proofing, priming of stucco and masonry surfaces, priming of all doors, and the priming and painting of the "Red Wave" artwork piece. 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. Contractor will provide Performance and Payment Bonds each in the amount of one -hundred (100%) percent of the contract price. 17 AGENDA ITEM Cagy DATE 7-1,-01 Bid No. 31-00/01 Page Two July 18, 2001 ANALYSIS (Continued) Invitation to Bid No. 31-00/01 was issued on May 30, 2001, with an opening date of Juae 28, 2001. A non -mandatory pre-bid conference and site inspection was held June 11 2001. DemandStar.com issued bid notices to one -thousand -six -hundred -eighty-five (1685) prospective bidders, resulting in thirty-two (32) vendors requesting bid packages, which resulted in the receipt of eleven (11) bids, ten of which are responsive. References have been checked with RatingSource and Dun & Bradstreet and V.I.P Painting, Inc. comes highly recommended. The information provided, indicates that this contractor has been in business seventeen years as a Painting 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 lowest responsive, responsible bidder, V.I.P Painting, Inc. BID TABULATION Vendor V.I.P. Eagle JCI Inclan Item Painting Painting International paintingThe Painter MCO A Lump Sum 548,368 354,000 567,177 $69,500 574,645 586,700 GRAND 548,368 554,000 $67,177 569,500 $74,645 586,700 TOTAL Vendor Everett Molen Gray Paint Master Coast to Coast Worth Item Painting • USA Contracting A Lump Sum 590,905 398,600 5109,780 5115,000 5122,800 GRAND. 590,905 598,600 TOTAL 5109,780 5115,000 5122,800 * Non-responsive, did not submit addenda acbmwledgment. l✓ JM .cs'r:J/Ge \\CH2\ OL1\PURC\SALLUGHN\COMM\31-0001.doc 18 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we VIP Painting, Inc. as Principal, hereinafter called the Principal, and Utica Mutual Insurance Company a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Miami Beach as Obligee. hereinafter called the Obligee, in the sum of FIVE PERCENT (5%) OF PROPOSED BID -Dollars (S —5%—), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pressure Clean and Paint The City Hall Building (Exterior) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified Si 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 such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of June, 2001 VIP PAINTIN _INC, (Seg 41-a*es kvir. cry) UTICA illUTUAL INSU ANY (Seg (/1 Charles` N%Ts4n, Anomaly -In -Fact OWNS n mopvrlbl we to Am/rtan MOWN Or Mina. UMI by CANFSD CAMEO roadies nit re larvae in nu, mitre con .— ow* E91w longue Wrn n AU DOFF * A310 Weald •AI& Frbuay 1970 ED • THE AMERICAN INSTTTUTE OF ARCHITECTS 1133 NEW YORK AYE N W WASHINGTON. 0 C 20006 THE FACE OF THIS DOCUMENT HAS A IrOLORED BACKGROUND • NOT A WHITE BACKGROUND THE BACK OF THIS DOCU1 ..t UTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEWYORK EXPIRATION DATE February 07. 2003 POWER OF ATTORNEY Know all man by these Presents, the UTICA MUTUAL INSURANCE COM- PANY, as a New York Corporation, having is ptnelpel office In theTown of New Hanford, County of Oneida, State of New York, does hereby maks, ccnstMAs and appoint Charles J. Nielson, Warren M. Alter, Charles D. Nielson Miami Urea Florida its true and lawful Attorney(s)-In-fact In then separate capacity If more than one Is named above to nub, sxecuts, sign, seal and delivery for and on its behalf as surety and as is act and deed (without power of redalegation) arty and all bonds and undsrtakand other writings obligatory In the nature thereof (except bonds guaranteeing the payment of principal and Interest of notes, moRg.osbonds and mortgages) provided the amount of no one bond or undertaking abbeds Witataizisi.tobttic- '- • --� = opflariltallielallat>°__ I. The execution ofsuch bonds and undertakings shall bsasbinding uponsaidUTICAMUTUALINSURANCECOMPANY as fully and to all Intents and purposes as if the same had been duly executed and acknovAedged by Its regularly elected officers and Its Home Office In New Hartford, New York. This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November,1961. 'Rsadved,thatthePresident aery Vlw-RWdent,Inoclunalonwithth.kas wyawyMdtnt3rorstery b. Ind they ere huwywthartn d a and empowered to appoint Attaneyeanda toftheCompany,InIsnameandasItsacts,to.a•curteandadmowlidg.forandonItsbMedasSurey anyYmndaNbonds recognlsanas,00ntlotigiwvdtyand50otherwrlen .obrgstorykithsnabnstherwf,wt eirhvgrtoattachlhu.wta.V of rtte Company. Any such wvNnga so aaecvtsd ty.jolt Attamaysan-Isct MBG bs bM�ne upon tel Company u It shay had baso du y admowI.de.d try the regularly elected Mars of this Cwnp.ny in their own proper persons. 'Now Thw,faa, the signatures of such oftlosn and the seal of the Company may be elute to any such Power of Attorney by ■ fecsimue, end any such Power of Attorneybearing such facsimile signatures or Beal shall be valid and binding upon the Company.' In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by is Authorized Officers, this 7 day al Febn ary , 2000 . UTICA MUTUAL INSURANCE COMPANY STATE OF NEW YORK 1 COUNTY OF ONEIDA 1 1 V 1V 01OH • )ISVwH31YM WI 30 BOVA 3Hl M31A 01 31 On this 7 day of February 2000 baton rete, a Notary Public In and forth. State d New York, c personally cairns DANIEL D. DALY and GEORGE P. WARDLEY to me known, who acknowledged execution of the r;tt preceding Instrument and, being by me duly sworn, do depose and say. that they are Vice President and Secretary 4 respectively of UTICA MUTUAL INSURANCE COMPANY: and that the seal affixed to said htstrumsrt Is the corporate x Baal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal is affixed and their signatures w subscribed to said Instrument by authority and order of the Board of Directors of said Corporation. s In Testimony Whereof, 1 have hereunto set my hard at New Hartford, New York the day and year first above wrtten. 8 STATE OF NEW YORK 1 COUNTY OF ONEIDA I I St ohen.1. Lorenz haskrtant Secretary of the Utica Mutual Insurance Company do hereby certify that theIng Power of Attorney executed by said Utica Mutual Insurance Company and the above -quoted Resolutions d the Board of Directors adopted November 27, 1961 are still In full force and effect. es: r 0 m 0 w s 0 31 O c z v In Witness Whereof, I have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford, New York, E this 22nd day of June 2011_. .i. ` s it M3IA 01 31ONV 1V 01014 - HI:lVWIJ31VM 1VI01AI1t1V NV SNIV I Nnn t unto 'inn c+u, Jr..,.... - stem Secretary BID No. 31-00/01 PRESSURE CLEAN AND PAINT CITY HALL BUILDING CITY OF MIAMI BEACH PROPOSAL PAGE 1 OF 5 PROPOSAL OF V.I.P Painting. Inc. (Name) 11540 Wiles Rd. #5 Coral Surinas, FL 33076 (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the PRESSURE CLEAN AND PAINT CITY HALL BUILDING and more particularly set forth herein. SUBMITTED June 26, TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: 2001 We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements trader them of the Engineer within the time limit specified in this Proposal for the following wait prices to -wit: BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH- ,* EACH0 BID No. 31-00/01 PRESSURE CLEAN AND PAINT CITY HALL BUILDING PROPOSAL PAGE 2 OF 5 All bid itans shall include costs for fianishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit The Contractor shall be Substantially Completed with the Work within forty five (45) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within sixty (60) calendar days after the date when the Contract Time commences to rya Provide all labor, equipment, material, and supervision necessary to perform the full extent of the work as described herein: "4✓ Lump Sum: $ .r 48,368.00y`-- Forty eight thousand three hundred Written Amount 81D NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 5 sixt eight and no cents. BID No. 31-00/01 PRESSURE CLEAN AND PAINT CITY HALL BUILDING PROPOSAL PAGE 3 OF 5 ADDENDUM ACIINOWLEDGMENT ADDENDUM DATED SIGNATUSRSgIS1YG,D No. 1 June 20. 7001 �>✓ /l pt went - No. No. Bidder accepts all of the terms and conditions of the Bidding Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: a. Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal Requirements and Conditions, and the following Addenda (receipt of all which is hereby acknowledged): b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. c. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, arpkrratioas, tests and studies (in addition to or to supplement those referred to in (b) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 42 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH - 6 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\1d. mIami-bisch.6.w PROCUREMENT DMSION Telephone (305) 673.7490 FeesN ON (305) 6737651 INVITATION TO BID NO. 31-00/01 ADDENDUM NO. 1 June 20, 2001 Pressure Clean and Paint the City Hall Building is amended as follows: I. The following are answers to questions from the Pre -Bid Conference 1. Q. What is the scope of service on the exterior of the Skylight, Skylight flaming and Skylight dome? A. The Scope of Service/Work for the Skylight, Skylight framing and Skylight dome is no longer included in this bid. 2. Q. What is the waterproofing demarcation point on the perimeter of the building? A. At the edge of the frame of the glass of the atrium. Any painted portion of the building needs to be covered. Only the atrium glass, frame, and center areas above the ceiling line at the elevators and the center structure above the glass skylight are excluded. 3. Q. What Color is required for the painting of the first floor ceiling? A. The required color has not been determined at this time. However, the bidding contractors should provide a price anyway, based on the existing conditions. As RED is a deep tint paint the bidders should submit their bid based on the fact that the color selected will also require a deep tint. 4. Q. What Type of Licensing is needed to perform this work? A. a) If the contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certfcatlon 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption M If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance 4) Workers Compensation or the exemption Bid No. 31-00/01 Addendum No.1 Page 2 B. Clarifications: - Light green railings in the interior portion of the building shall be repainted. - All red PVC railings are not included in the Scope of Work, for this project. - All lamp fixtures shall be repainted - The ceilings of the 1st, 2nd, 3rd and 4th Floors shall be recoated and then repainted with flat paint. - All ceilings must be repainted the same color except for 1st Floor ceiling. (see answer #6) - All hurricane shutters and window frames are not included in the Scope of Work - All floors must be protected from any damage that could be caused by the Scaffolding or painting work on the interior atrium III. Plans are available for this Project, but must be ordered through T -Square. The attached order form must be completed and returned to T -Square before prospective bidders will receive requested plans. Bidders are required to acknowledge this addendum on Proposal page 3 of 5, and shall submit a complete copy of this and all addenda with their bid, or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director Je Attachment: T -Square order Form C.O.D Order T-SQUARE ATTN:CARMEN DAVILA FAX 305-324-8040 PHONE 305-324-1234 EX. 320 CITY OF MIAMI BEACH 31 Authorized Authorized by : ROMAN MARTINEZ Phone 305-673-7493 Complete Set 4 Plans Full Size Half Size Price per SQ.FT 5.12cnts hall size/ half size S 1.00 per tint copy &.45 second copy Total (MINIMUM ORDER FOR FREE DELIVERY 520.00 PER DELAVER) COMPANY NAME: ORDER BY Bill to: i^OD T -Square Acct# 613204 Cash: Credit Card # Visa: Amex: Muter: Other: Ex. date In the name of Authorization signature Ship TO: City State zip code Phone: Fax: Contact name Title Received by: shipped by: UPS # FEDEX # Received by: shipped by: UPS # FEDEX # Next day air _ Next day air saver _Ground _Second day air AM Second air Three day select Handling charge S Order received by T -Square: Title: ANY OUESTION AT T-SOUARE PLEASE CALL 305-324-1234 ASK FOR: Rusty James = VP Production - EXL292 Don walker = Production Dto = Ext. 224 Jesus Luya = Production Dto. = Ext. 224 Veronica Loma = Account Manager = Ext 230 Carmen Elena Davila = Sales Manager = Ext 320 If you already have account with T -Square please used your account # to please de order. Thank you for you business. BID No. 31-00/01 PRESSURE CLEAN AND PAINT CITY HALL BUILDING PAGE 4 OF S e. Bidder has reviewed and checked all information and data shown or indicated in the Contact Doctaneots with respect to existing Undagrotmd Facilities at or contiguous to the site and assumes responsibility for the acarrate location of said Undergrotimd Facilities. No additional examinations, investigations, explorations, tests, meportb or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. f Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contact Documents and the written resolution thereof by City is acceptable to Bidder. FIRM'S NAME(Print orTypA: V.I.P Painting, Inc. i-, J SIGNATUREf. ���/C�/ i' ✓tS /., r TITLE/PRINTED NAME: Alex caldwel 1._President ADDRESS: 11540 Wiles Rd. #5 Coral Springs, F1 33076 TELEPHONE NUMBER: 954-344-4413 FAX: 954-344-4452 BID NO: 31-00/01 DA]E: 05/25/01 CITY OF MIAMI BEAM 7 BID No. 31-00/01 PRESSURE CLEAN AND PAINT CITY HALL BUILDING PROPOSAL PAGE 5 OF S The undersigned further agrees to perform all necessary 'Extra Warr, as provided for in the General and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date on which the Notice of Award has been given. The undersigned further agrees to commence work under this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete the Work with the Contract Time penod as stipulated in the Agreement. The undersigned finther agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract Substantial Completion date that the Work is not substantially completed, and for each consecutive calendar day that passes after the Contract Final Completion date that the Work is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than (100%) one -hundred percent of the contract price of the work. The undersigned further agrees to bear full cost of maintaining all work until the final acceptance, as provided in the General Provisions. Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the sum of Five Dercent of the hid amount Dollars $ 5% of Bid Amount Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attached Contract under the conditions of this Proposal; otherwise, said Bid Bond is to be returned to the undersigned upon the delivery o tisfactory Bond. Signature &Title _ /. d !%a; �'/Cs / /�Clt/ Address 11540 Wiles Rd. #5 Coral Springs, FL 33076 Telephone Number 9 5 4— 3 4 4— 4 413 BID NO: 31-00/01 CRY OF 11IIAMI BEACH DATE: 05/25/01 8 CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questlonnalre b subject to verifatlon. Inaccurate or incomplete answer may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By V.I.P Painting, Inc. Principal Office 11540 Wiles Rd. k5 Coral Sorinas. FL 33076 How many years has your organization been in business as a General Contractor under your present business name? Since 1984 Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? Yes State of Florida occupational license - state type and number. Miami -Dade #400841-3 Dade County certificate of competency - state type and number: 9 6 RS 0 0 Z 4 3 City of Miami Beach occupational license - state type and number. Will a au i re i f awarded Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) Asa General Contractor since 1984 (B) AsaSub-Contractor Since 1984 (C) What contracts has your organization completed? Please See Attached Contract Amt Class of Work When Completed Name/Address of Owner 1 Have you ever had a contract terminated (as prime contractor or subcontractor, under existing company name or another company name) due to failure to comply with contractual specifications"' No If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? No BID NO: 31.00/01 DATE: 05/25/01 CI YOFMIAMIBEMMT 9 If so, state name of individual, name of owner, and reason thereof N/A In what other lines of business are you financially interested or engaged? Painting and Coatings Give references as to experience, ability, and financial standing See attached Finacial Statement What equipment do you own that is available for the proposed work and where located? •u-1 -• •n-1 -1• -1 •- n. ved. What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Banc of America Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. None I HEREBY CERTIFY that the above answers are true and correct. C �w 1 thiLArear BID NO: 31-00/01 DATE: 05/25/01 CRY OF MIAMI BEACH- 10 EACH10 (SEAL) (SEAL) BID No. 31-00/01 PRESSURE CLEAN AND PAINT CITY HALL BUILDING CUSTOMER REFERENCE LISTING Contractor must submit references that indicate that they (Contactor) have a minimum of (7) years of documented commercial painting and finishing experience and shall be experienced in the cleaning and painting of large, multi -stay commercial type buildings as indicated in the Technical Specifications. Contractor's shall finish the names, addresses, and telephone numbers of a minimum of five (5) finis or government organizations for which the Contractor is currently fianishmg or has furnished painting services. I) Company Name Address Criminal Justice Complex 3228 . m Clnh Pnatl .st Palm Reach, FL Contact Person/ContractAmount Pa in M„rray $304,419.00 Telephone Number 561-233-0261 2) Company NameFaci17tes nPtselnn,nent x Operations Address 3323 Belevedere Rd. WF.St Palm Beach, FL Contact Person/Contract Amount nong navna Telephone Number S 61-3 SS -3 584 3) Company Name Address OviPt Watara 401 S. PowerlinP RA_ Deerfield Bch, F1 Contact Person/Contract Amount Jeannie $7,8 4 2.0 Telephone Number 4Se-i6n-1l1s Y »1 4) CompanyName Dyson Circle Apartment Complex Address 4645 nycnn Circle y_ WRAF Palm Beach Contact Person/Contract Amount uarold Riga=ro 64 840 00 Telephone Number 561-684-2160 5) CompanyName The Department of the Navy Address Naval Air Qtat i nn yey WES.t FL Contact Person/ContractAmotmt Pedro Falcon/ S366,800 00 Telephone Number 2n S-A 7 2- 2 2 n n BID NO: 31-00/01 CITY OF hIIAMI BEACH DATE: 05/25/01 11 Cel4 N N 0 1+10 IH alga 443 EDP a' 0 19 < V J N W V KO 2 Wr1 cc ot 0 N 0 u 0 0 2 M 12in '-17 FFF 1-41-4 gzJ •+2 • ;ZO 0.4� TY BUILDING el 0 O 0 egen W NO-1 i 81 8 i y \O • el 111ha• ■ �•t E y •••••. 0.-1 FF • ! EIS O oO L l is si iii 3tl3H OIOd < N m W'1 EN 0�1= OJ0 mJ;n 43 c:•D PZN •• pin •<• ouo 2 Z so •.• :J <VJ • • • Painting, Inc. Condominiums Huntington Lakes Section 1 14455 Strathmore Lane Delray Beach, FL Contact: Mr. Jerry Daniels (561) 496-4303 Huntington Lakes Section 1 6655 Kensington Lane Delray Beach, FL Contact: Mr. Golden (561) 496-2258 330 South Ocean Condominium 330 South Ocean Boulevard Palm Beach. FL Contact: Mr. Ron Quinn (561) 655-7066 Dogwood Condominium 5340 Las Verdes Circle Delray Beach, FL Contact: Mrs. Evelyn Lavine (561) 496-1338 Cypress Condominium 5370 Las Verdes Circle Delray Beach, FL Contact: Mr. Geri Lane (561) 495-4515 1 1 Cd/l U/ilnc A.1 . o,.,. r _ e- Huntington Lakes Section 5 7310 Ashford Place Delray Beach, FL Contact: Mr. Mike Ricardi (561) 496-2127 Delray Dunes Bahia Villas 4870 Golf Road Boynton Beach, FL Contact: Mr. Krestal (407) 735-0172 Sea Grove 500 Ocean Trail Jupiter, EL Contact: Mr. Robert Ruey (407) 746-1274 Hampshire Condominium 2450 S. Federal Highway Boynton Beach, FL Contact: Mr. Joseph Vitale (561) 736-3368 Coconut Palm at Las Verdes 5280 Las Verdes Circle Delray Beach, FL Contact: Mr. Angelo Murgo (561) 4954954 Painting, Inc. High Rise Buildings Ocean Colony Condominium 1620 South Ocean Boulevard Pompano Beach, FL 16 Story Building Bonavita Condominium 20100 West Country Club Drive Aventura, FL 17 Story Building Parker Plaza Condominium 2030 South Ocean Boulevard Hallandale, FL 22 Story Building Miami Beach Resort Hotel 3025 Collins Avenue Miami Beach, FL 12 Story Building Lighthouse Cove Condominium 1406 North Ocean Boulevard Pompano Bcach, FL 2 (8), 1 (6) & 1 (3) Story Buildings The National Hotel 1677 Collins Avenue Miami Beach, FL 14 Story Building Huntington Lakes Condominium Sections I and II 7310 Ashford Place Delray Beach, FL 2 (8) story Buildings 1,rjr II..., -. Contact: Mr. Frank Cartibucoi (954) 943-8983 Contact: Mr. Milton Stark (305) 937-0142 Contact: Mr. Joe Greenberg (954) 458-5111 Contact: Mr. Klaus Voss (305) 534-0505 Contact: Mr. Mark Lisby (954) 941-3410 Contact: Mr. Klaus Voss (305) 534-0505 Contact: Mr. Mike Riccardi (561) 496-2127 E1t Painting, Inc. REFERENCES GOVERNMENT HOUSING PROJECTS: The Department of the Naw Naval Air Station/Capehart Housing Project Key West, FL Contact: Mr. Pedro Falcon Pedro Falcon Electrical Contractors, Inc. (305) 872-2200 South Bay Apartment Complex 2800 Ilex Court South Bay, FL Contact: Mr. Harold Pignato (561) 684-2160 Palm Beach Housing Authority Dyson Circle Apartment Complex 4695 Dyson Circle North West Palm Beach, FL Contact: Mr. Harold Pignato (561) 684-2160 Palm Beach Housing Authority Patterson Pavillion Hialeah Housing Authority Hialeah, FL Contact: Ms. Maria Velazquez (305) 888-9744 Hialeah Housing Authority Park Terrace Housing Authority of City of Fort Pierce Fort Pierce, FL Contact: Mr. Wayne Fuzzard (561) 461-7281 Housing Authority of City of Fon Pierce Lincoln Terrace. Garden Terrace Annex. Garden Terrace Housing Authority of City of Fort Pierce Fort Pierce, FL Contact: Mr. Wayne Fuzzard (561) 461-7281 Housing Authority of City of Fort Pierce 11 CAI ¶Ara,.r 11A - n,.. r . Painting, Inc. Government Buildings & Parks Criminal Justice Complex CJC West Tower "D" 3228 Gun Club Road West Palm Beach, FL Contact: Mr. Paul Murray (561)233-0261 Facilities Deselopment & Operations Department Facilities Management Division Buildings 50!, 502 & 503 3323 Belvedere Road West Palm Beach, FL Contact Mr. Walter Mason (561)233-2053 City of Delray Beach 51 North Swinton Avenue Delray Beach. FL Contact: Ms. Jackie Rooney (561) 243-7163 St. Petersburg, FI Delray City Hall (954)630-1159 Delray Beach. FL Contact Ms. Jackie Rooney (561) 243-7163 Mid County Senior Center City of Palm Beach 202 North 11 Street Lake Worth, FL Contact: Mr. Walter Mason (561)233-2053 11 eA/l NA I:l-_ t1J .n - Port Charlotte Parks City of Port Charlotte 4500 Harbor Boulevard Port Charlotte, FL Contact: Judy (941) 743-1379 Fort Pierce Farmers Market 3479 South Federal Highway Fort Pierce, FL Contact: Mr. Pete Serra (561) 463-3917 Quiet Waters 401 S. Powerline Road Deerfield Beach, FLOId School Square Contact: Jeannie (954)360-1315 x 223 Painting, Inc. Hospitals Baptist Hospital 8900 North Kendall Drive Miami, FL Contract: Mr. Jeff Zohn (305) 596-6509 South Miami Hospital 6200 S.W. 73 Street South Miami, FL Westside Regional Medical Center 8201 West Broward Boulevard Fort Lauderdale, FL Contact: Mr. Larry Williams (954) 587-5010 Florida Medical Center 5000 W. Oakland Park Boulevard Fort Lauderdale, FL Contact: Mr. Elwin Tabora (954) 735-6000 St. Mary's Hospital 901 45th Street West Palm Beach, FL Contact: Mr. John Butterly (407) 844-6300 Plantation General Hospital 401 N.W. 42 Avenue Plantation, FL Contact: Mr. Rick Strand (954) 587-5010 Coral Springs Medical Center 3000 Coral Hills Drive Coral Springs, FL Contact: Mr. Salimbene (954) 344-3372 11 C4(1 Wilnc Pei • Rnv S • rnrnl Cnrinnc CT 22(17(, • (QC4\ 24A-4411. 1 /QM1 c14 A 411_ VIP PAINTING, INC. FINANCIAL STATEMENTS DECEMBER 31,2000 & 1999 (PERCENTAGE OF COMPLETION METHOD) GARY ONORATI & ASSOCIATES, P.A. ACCOUNTANTS 767 SO STATE ROAD 7 SUITE 13 MARGATE, FL 33068 (954)978-9582 Office (954)978-2799 Fax December 31, 2000 Board of Directors VIP Painting Inc. 11540 Wiles Road #5 Coral Springs, FL 33076 Gentlemen: The Accompanying Balance Sheet of VIP PAINTING,INC. as of December 31, 2000 and the related Statements of Income and Retained Earnings have been compiled by us. A Compilation is limited to presenting in the form of financial statement information that is the representation of management. We have not audited or reviewed the'accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Respectfully submitted, G- y ono ati 4 Associates, P.A. 06/09/01 VIP PAINTING, INC. Balance Sheet Comparison As of December 31, 2000 Dec 31,'00 Dec 31,99 ASSETS Current Assets 101.1 • Bank of America A 8 7102 14,286.79 1,245.35 1011 • Bank of America B 4 7234 17,338 12 3,469 27 101.4. Merrill Lynch 807C78 13,125.10 4,716.45 101.5 - Union Planters/Cap Bank 413023 1,451.02 1,560.49 Total Checking/Savings 46,701.03 10,991.56 Accounts Receivable 111 • Accounts Receivable 397,364.39 234,627.54 Total Accounts Receivable 397,364.39 234,627.54 Other Current Assets 130 . Loan A Caldwell 0.00 5,000.00 133 •Advances 466.90 0.00 150 • Job Deposits 0.00 225.00 152 • Prepaid Federal Income Tax 28,560.00 19,282.00 153 - Prepaid State Fla Income Tax 10,806.00 6,660.00 159 - Cat over Bili uncomp contracts 17,110.00 65,447.00 Total Otha Current Assets 56,942.90 96,614.00 Total Current Assets 501,008.32 342,233.10 Fixed Assets 160 • Fixed Ataets 164 - Vehicles 41,061.04 29A61.04 166 • Machinery & Equipment 211,945.81 204,724.56 167 -OSce Equipment & Fixtures 30,973.35 28,099.69 180 - a Accum Depcee -180,117.68 -142,541.68 Total 160 -Fixed Assets 103,862.52 119,743.61 Total Fixed Assets 103,862.52 119,743.61 TOTAL ASSETS 604,870 84 461,976.71 LIABILITIES & EQUITY Liabilities Covent Liabilities Accounts Payable 200 • Mamma Payable 85,146.63 86,948.77 Total Aammts Payable 85,146.63 86,948.77 Otha Current Liabilities 235 • PR Liao SUTA tact 733.66 71710 236 • PR Liab FUTA 940 159.49 12638 245 - Child Support Payable -11.93 -150.62 249 - Bill ova cat unwrap contract 1,996.00 28,853.00 Total Ciba Calci Liabilities 2,877.22 29,545.96 Total Curran Liabilities 88,023.85 116,49&73 Lang Tam Liabiliaea 262.01 -N.PUnion PlaCrLine 55003214 0.00 5,000.00 Total Long Tam Liabilities 0.00 5,000.00 Told Liab0ities 88,023.85 121,494.73 NS/ 276 • Capital Stock 500.00 500.00 285 • Retained Emsmp 339981.98 238,848.93 Na Income 176,365.01 101,133.05 Total Equity TOTAL LLABWTIES & EQUITY 514846.99 340,481.9E 604,870.84 461,976.71 06/11/01 VIP PAINTING, INC. P&L Previous Year Comparison January Enough December 2000 Income 301 Revenue - Concoction Concoct 309 • Revenue - Other 330 • Interest lncome Total Income Cost of Goods Sold 400 • Direct Cost Jan - Dec'00 leo - Dec 99 2,653,569.07 1,893,79738 35,198.17 16,917.34 4,610.95 5,184.45 2,693,378.19 1,915,899.17 1,718,687.15 1,191,265.12 Total COGS 1,718,687.15 1,191,265.12 Gross Profit Expense 505 Advertising 512.99 • Auto Expenses 516 • Bent Service Charges 519 • Equipment Lease 522 • Donations 524 Duce and Subscriptions 528.99 • Insurance 529 Miscellaneous 530 • Interest Fgt.". 531 •Oce Expense 532 Office Supplies 533 • Postage and Delivery 534.1 Accounting 5341 Legal Pees 536 • Repairs 8 Maintenance 536.1 • Sanitation 538 Rem -Office 538.2 • Rent - Trailer 538.3 • Rant -Land 538.4 • Rent - Job Housing 544 • Security 548.99 • Taxes & Licenses 552.1 •Telepbone 552.2 • Telepboae Mobil Phone dt Pagen 554.1 • Travel 554.2 Meals 554.3 Faoauimtau d: Promotion 558 • Gtilies - Electric , Wtr, Gas 565.99 • Payroll Totals 590 Depreciation Expense 687 • Sate Income Tax 688 • Pedal' Income Tax Total Expense Net Income 974,691.04 724,634.05 10,626.95 6,36.4.93 53,091.59 34,766.45 679.86 1,263.45 2,745.00 0.00 120.00 25.00 6,277.13 4,715.64 51,311.08 39,787.65 1,215.68 721.42 238.58 960.42 5,770.85 4,801.24 18,669.50 15,01031 6,656.69 5,797.84 4,475.00 3,097.00 18,085.77 17,103.50 7,751.51 10,357.37 567.80 1,189.90 19,080.00 20,670.00 9,088.19 8,519.04 11,784.04 11,784.04 35,255.87 7,532.07 380.96 440.80 10,288.63 8,510.65 7,300.89 9,913.06 16,900.54 13,665.15 4,417.95 7,847.14 12,911.87 11,468.32 12,810.33 6,714.47 1,413.75 1,659.75 419,208.02 324,478.39 37,576.00 38,078.00 2,904.00 1,540.00 8,722.00 4,718.00 798,326.03 623,501.00 176,365.01 101,133.05 VIP PAINTING, INC. P&L Previous Year Comparison January through Detemba 2000 Income 301 • Revenue - Construction Contract 309 •Revenue - Other 330 • Interest Income Total Income Cost o[Goods Sold 400 Drat Costs Jan - Decor len - Dec'99 2,653,569.07 1,893,797.38 35,198.17 16,91734 4,610.95 5,184.45 2,693,378.19 1,915,899.17 420 . Materials 620,303.28 410,968.76 425 •Other Job Costs 30,181.29 6,214.87. 426 . Tools and Machinery 2,093.02 -171.2? 429 • Equipment Rental 43,007.95 14,078.69 431 - Equipment/Supplies 402.01 2,509.41 432 - Equipment Repair 50,185.15 40,227.15 433 . Equipment Transport 7,270.52 9,932.00 436 - Safety Equip/Supplies 1,459.97 1,482.01 437. Subcontract Labor 949,104.81 677,155.70 438 Casual Job labor 1,558.00 51515 440 - Bond Expense 11,297.50 28,352.50 445 - Lead Expense 1,061.00 0.00 448 • Damages 755 65 0.00 Total 400 . Direct Costs Total COGS Gross Profit Expense 505 •Advertising 10,626.95 6,364.93 512.99 - Aum Expenses 512.1 • Auto - Fuel 18,03739 10,650.22 512.2 • Auto Repair & Maintenance 8,065.06 6,07637 512.3 • Auto Lease 25,008.69 17,143.70 512.5 'Auto - Tolls 1,100.79 528.97 512 6 - Aum Rental 879.66 367.19 Total 512.99 • Aum Expenses 53,091.59 34,766.45 516 - Bank Service Charges 679.86 1,263.45 519 . Equipment Lease 2,745.00 0.00 522 • Donations 120.00 25.00 524 -Dues and Subsa prions 6,277.13 4,715.64 521.99 Insurance 528.1 . Health Insurance 10,331.44 7,571.78 521.2 • Liability Insurance 5,35419 4,358.96 521.4 . Work Comp 27,116.48 21,512.76 528.5 - Vehicle Insurance 8,501.87 6,274.15 Total521.99 •Insurance 51,311.08 39,787.65 529 • Miscellaneous 1,215.68 721.42 530 • Incest Expense 238.58 960.42 531 .O?ce Expense 5,770.85 4,80114 532 .Ofce Supplies 18,669.50 15,010.31 533 • Postage and Delivery 6,656.69 5,797.84 534.1 •Accounting. 4,475.00 3,097.00 534.2 •LeplFeet 18,085.77 17,103.50 536 • Repairs & Maintenance 7,751.51 10,357.37 536.1 -Sanitation 567.80 1,189.90 538 •Rant.Office _ 19,010.00 20,670.00 5381 • Rent -Tnila -- 9,011.19 8,519.04 538.3 -Rem-Land 11,114.04 11,714.04 531.4 •Rent - lob Housing 35355.87 7,532.07 544 -Scarify 380.96 440.80 548.99 'Tuts At Licenses 548.1 -Licenses & Fees 4,401.82 4,671.70 5482 •PlsoslPamit 4,251.40 2,165.10 548.3 Property - Comm Prop Ta 1,187 41 1,310 61 1,718,687.15 1,191,265.12 1,718,687.15 1,191,265.12 974,691.04 724,634.05 06/11/01 VIP PAINTING, INC. P&L Previous Year Comparison January through December 2000 548.5 Fl. Intangible Tax Total 548.99 • Tues & Licenses 552.1 *Telephone 552.2 • Telephone Mobil Phone & Pagers 554.1 •Travel 554.2 • Meds 5543 • Entertainment & Promotion 558 • Urines - Electric, Wtr, Gas 565.99 • Payroll Totals 565.1 • PR Wages Officer 565.2 •PR Wages Employee 565.3 - PR - Company SSS: Med 565.4• PR - SUTA 565.5 - PR - FI fA Total 565.99 • Payroll Totals 590 Depreciation Expense 687 • State Income Tax 688 • Federal Income Tax Total Expense Net Income Jan - Dec '00 254.00 10,288.63 7,300.89 16,900.54 4,417.95 12,911 87 12,810.33 1,413.75 90,800.00 293,45934 29,401.62 4,556.52 990.54 419,208.02 37,576.00 2,904.00 8,722.00 798,326.03 Jan • Dec '99 298.00 8.510.65 9,913.06 13,665.15 7,847.14 11,468.32 6,714.47 1,659.75 78,800.00' 217,614.70 22,671.29 4,584.55 807.85 324,478.39 38,078.00 1,540.00 4,718.00 623,501 00 176.363.01 101,133.05 06/11/01 VIP PAINTING, INC. Statement of Cash Flows Jan0ary through December 2000 OPERATING ACTIVITIES Net Income Adjustments to reconcile Net Income to net cash provided by operations: III • Accounts Receivable 130 • Loan A Caldwell 133 • Advances 150 • Job Deposits 152 • Prepaid Federal Income Tax 153 • Prepaid State Fla Income Tax 159 • Cort over Bill uncomp contracts 200 • Accounts Payable 235 • PR Liab SUTA uct 236 • PR Liab FUTA 940 245 • Child Support Payable 249 - Bill over cost uncomp contract Net cash provided by Operting Activities INVESTING ACTIVITTES 164 •Vehicles 166 • Machinery & Equipment 167 •Office Equipment & Fixture 180 • n Accum Depose Net cash provided by Investing Activities FINANCING ACTIVITIES 262.01 . N/P Union Pia Cr Line 55003214 Net cash provided by Finsncing Activities Net cash increase for period Cash at beginning of period Cash as end of period Jan - Dec'00 176,365.01 -162,736.85 5,000.00 466.90 225.00 -9218.00 4,146.00 48,337.00 -1.802.14 16.46 33.11 138.69 -26,857.00 24,828.38 -11,600.00 -7,52125 -2,873.66 37,576.00 15.881.09 -5.000.00 -5,000.00 35,709.47 10,991.56 46.701.03 VIP PAINTING INC tti xxKKX 0 2` 0 xo d SmrPS W 000 14)NNen I r CC 00000 O W U I I CC oo t§,§,§,§R 8 S 5 R�-mo,Ig '61'6 <s to oe c a a < l- 01 I m 1 WI VI I.-- O E; R' 0) It`.N^WINO m Cr CO- �d I^ I^ W c.t 01 26 mitfOI aPo gig en W C4 04 g 10 se) , �,' a'e8mg 8 I1 I 0'• - wed..15=2 z W W K WW 0 W (/� gill ,(Z] 8 O O WIl Q W Q J Z 9 <� Z m woo , w`za w }SRR 5 69.926 68,040 it VIP JOB COST 2000 05R5/01 BLUE SEAS APTS. BROOKFIELDSQUARE CONDOMINIUM BROWARD COUNTY GOVERNMENT CTR CACHETOWNHOMES1 CLAYWELL ELEMENTARY SCHOOL COMMODORE CONDOM NIUM V 1121 CYPRESS ELEMENTARY SCHOOL DAYS INN/SINGER ELY HIGH SCHOOL GOLDEN ACRES INTRACOASTAL TOWERS CONDO KEY WEST CITY HALL LUCERNE POINTE NORTH MIAMI, CITY OF ORMOND BEACH TOLL PLAZA, BAY HARBOR VERO BEACH POWER PLANT VILLA SOCIAL VIP PAINTING, INC. A/R Aging Summary As of December 31, 2000 Current 1.30 31 -60 61.90 > 90 TOTAL 0.00 0.00 600.00 0.00 0.00 600.00 0.00 30,000.00 0.00 52,500 00 0.00 82,500.00 0.00 0.00 0.00 9,223.00 0.00 9,223.00 0.00 1,087.15 0.00 0.00 0.00 1,087.15 0.00 0.00 0.00 0.00 5,032.40 5,03140 0.00 0.00 0.00 0.00 8,525.00 8,525.00 0.00 0.00 0.00 0.00 5,164.25 5,164.25 0.00 11,826.00 3,500.00 0.00 0.00 15,326.00 0.00 0.00 0.00 0.00 32,724.70 32,724,70 0.00 41,421.25 0.00 0.00 0.00 41,421.25 0.00 0.00 0.00 37,402.80 0.00 37,402.80 0.00 0.00 0.00 26,072.10 0.00 26,072.10 0.00 0.00 16,000.00 0.00 0.00 16,000,00 0.00 0.00 0.00 0.00 235.74 235.74 0.00 0.00 0.00 63,720.00 0.00 63,720.00 0.00 0.00 0.00 14,930.00 0.00 14,930.00 0.00 0.00 33,200.00 0.00 0.00 33,200.00 0.00 4,200.00 0.00 0.00 0.00 4,200.00 TOTAL 0.00 88,534.40 53,300.00 203,847.90 51,682.09 397,364.39 05//01 VIP PAINTING, INC. A/P Aging Summary Al of December 31, 2000 Current 1.30 31.60 61-90 >90 TOTAL AWC COATINGS, INC. 16.90435 0.00 0.00 0.00 0.00 16,90435 BOB'S BARRACADES 2,200.36 0.00 42739 0.00 0.00 2,627.95 BUDGET EQUIPMENT RENTAL CO. 295.48 0.00 0.00 0.00 0.00 295.44 COLLINSWORTNALTER 0.00 0.00 0.00 0.00 4,200.00 430000 HAMILTON TOW WG 495.00 0.00 0.00 0.00 0.00 495.00 INDUSTRIAL HOSE 148.63 0.00 0.00 0.00 0.00 148.63 MAB 8,484.61 8,122.61 0.00 0.00 0.00 16,60712 OCEAN EQUIPMENT & SUPPLY, INC. 6,380.00 0.00 0.00 0.00 0.00 6J80.00 PORTER PAINTS 89431 0.00 0.00 0.00 1,631.93 1,52614 SAFETY-KLFEN 0.00 0.00 0.00 0.00 • -16.86 •16.86 SHERWIN•WILLIAMS 12,330.69 0.00 0.00 TRENTON CORPORATION 0.00 2,188.00 0.00 • 0.00 12,330.69 0.00 0.00 0.00 2,133.00 TROPICAL 0.00 0.00 1,767.45 0.00 0.00 1,767.45 UCI 18,692.43 0.00 0.00 0.00 0.00 11,692.48 0.00 5,811.07 15,146.63 TOTAL 66,826.11 10,310.61 2,194.84 Painting, Inc. OWNED EQUIPMENT LIST LIFTS 40 FT. BOOM LIFT YEAR: 1990 SERIAL NUMBER: 9011581090 - - COMPANY NAME: HIGH REACH .j 42C MARK 1 BOOM LIFT YEAR: 1988 SERIAL NUMBER:688-M3490 COMPANY SOLD: PRIME EQUIPMENT S• .• 42 FT. MARK LIFTBOOM YEAR: 1986 . SERIAL NUMBER: 8862590 COMPANY SOLD: SALCO • 600 JLG BOOM LIFT:. , .. YEA r1 SERIAL 19NUMBER:1530810733 ; 941-f 5t ! Q 9 COMPANY SOLD: OCEAN EQUIPMENT 60 FT. JLG BOOM LIFT YEAR: SERIAL NUMBER: 8708 COMPANY SOLD: MECHANIC MASTERS 62 FT. 4X4 BOOM LIFT YEAR: SERIAL NUMBER: 583M1738. + - COMPANY SOLD: SALCO EQUIPMENT OWNED EQUIPMENT LIST PAINT SPRAYERS #9 GRACO 3500 SERIAL NUMBER: A4791 MODEL NUMBER: PART NUMBER: SERIES: - . MOTOR: HONDA 4HP GCO 1= 2590905 #10 SPEEFLOW . `=- SERIAL NUMBER: H3-6-56 n MODEL NUMBER: 434-812 PART NUMBER: SERIES: PUMP NUMBER: 185-551. MOTOR: 441-574 #12 GRACO 3500 SERIAL NUMBER: A2516 MODEL NUMBER: PART NUMBER: 221040 SERIES: C93F MOTOR: HONDA 0001-2180912 #13 GRACO 3500 SERIAL NUMBER: A2325 MODEL NUMBER: PART NUMBER: 221040 SERIES: B93F MOTOR: HONDA 4HP GCO1-2S90905 � Painting, Inc. #14 GRACO 3500 SERIAL NUMBER: A2384 MODEL NUMBER: PART NUMBER: 221040 SERIES: B93F MOTOR: HONDA #15 ELECTRIC SERIAL NUMBER: A3238 MODEL NUMBER: PART NUMBER: 820068 SERIES: L926 MOTOR: #16 EPIC 500. - SERIAL NUMBER: - MODEL NUMBER:` PART NUMBER: SERIES: MOTOR: HONDA 5.0 HORSE POWER #18 ELECTRIC SERIAL NUMBER: A12501 MODEL NUMBER: 820002 PART NUMBER: SERIES: F91F MOTOR: trytinl & Painting, Inc. --it • - .1' . OWNED EQUIPMENT LIST SAND BLASTER 1 TANK CLEMCO INDUSTRIES CORP. " YEAR BUILT: 1999 SERIAL NUMBER: 28910 MODEL NUMBER: 2452 CAPACITY: 6.0CF NAT'L BD,28213 CRNK8238.SC ACCESSORIES CPF AIR FILTER - - THREE HOSES • -• 10505 HELMET - trar Painting, Inc. OWNED EQUIPMENT BOATSi, MTX MODEL YEAR: 1987 • • • HULL, IDENTIFICATION ii: M:X100146E787 FLORIDA 0: FL838IFP DECAL 0: 0075101 •••• TITLE 0: 1283796 - LENGTH: 24'0 •-c HALCYON MODEL. YEAR: 1991s‘:•:',A. • ' - HULL IDENTIFICATION 1;ATQI8637A191 FLORIDA 0: FL8600HH • DECAL 0: 0075102 TITLE 0: 1711431 LENGTH: 11'2 ' . ' ST�� Painting, Inc. OWNED EQUIPMENT LIST LARGE PRESSURE CLEANERS W/ TRAILERS TRAILER E TRAILER YEAR:1990 VIN NUMBER: NONE MAKE: HMDE , TITLE NUMBER: 8205186 PRESSURE CLEANER : GIANT INDUSTRIES INC. PUMP HONDA ENGINE (JET MAX) is 20 HORSE POWER_ _. e_:. SERIAL NUMBER: 95296: MODEL NUMBER: P420A TRAILER H TRAILER YEAR: 1990 V1N NUMBER: NONE MAKE: HMDE TITLE NUMBER: 81718612 PRESSURE CLEANER CAT PUMP 20 HORSE POWER GX620 V -1W MODEL NUMBER: 1057 VIM Painting, Inc. OWNED EQUIPMENT LIST LARGE PRESSURE CLEANERS W/ TRAILERS TRAILER #1 TRAILER YEAR: 1979 VIN NUMBER: HU8405 MAKE; HORIZON TITLE NUMBER: 90290441 PRESSURE CLEANER MC NEIL SERIAL NUMBER: -7925 CATALOG NUMBER: CXIQ-10AV ENGINEER NUMBER: .19311D2 ENGINE: (JET MAX) -1054594`: - QXA 20 HORSE POOWER TRAILER #2 - TRAILER YEAR: 1977 VIN NUMBER: X MAKE: FAME TITLE NUMBER: 90290442 PRESSURE CLEANER MYERS SERIAL NUMBER: 19114 - CATALOG NUMBER: CX10-15AV ENGINEER NUMBER: 1931102 ENGINE: BRIGGS STRATTON 18 TWIN II MODEL NUMBER: 422447 TYPE: 405501 • CODE: 90082432 • var Painting, Inc. OWNED EQUIPMENT LIST PRESSURE CLEANERS #5 MAURY SERIAL NUMBER 2238635 MODEL NUMBER: PSI: NOZZLE SIZE: ENGINE: HONDA GX390 13 0 #8 HURRICLEAN SERIAL NUMBER: 960879 -; - MODEL NUMBER:-HC3040-HCD PS 3000 PSI: 3000 NOZZLE SIZE: ENGINE: #19 SIMPSON SERIAL NUMBER: 9400200 MODEL NUMBER: SW3000 GH PSI: 3000 NOZZLE SIZE: 904 ENGINE: HONDA GX34011.0 ENGINE: RPM 3200 #20 HURRICLEAN SERIAL NUMBER: 950045 MODEL NUMBER: HC2S80-HCGE PSI: NOZZLE SIZE: ENGINE: GX610V-TWIN PUMP: HONDA HORSE POWER: 18 r Painting, Inc. #22 HURRICLEAN SERIAL NUMBER: 980738 MODEL NUMBER: HC3540-HCD PSI: NO77T F SIZE: ENGINE: HONDA #30A MAURY SERIAL NUMBER: 1152214300 " MODEL NUMBER.: MH133542GC PSI: 3500 NOZZLE SIZE: 4.5 ENGINE: GX 390 HONDA 13.0: ' i ,- PUMP: CAT PUMP MODEL 5DX40GI • #35 MAURY SERIAL NUMBER: 0250360 MODEL NUMBER: MH1335424C PSI: 3500 NOZZLE SIZE: 4.5 ENGINE: HONDA GX390 13.0 # HURRICLEAN SERIAL NUMBER: 980737 MODEL NUMBER: HC3040-HCD PSI: NOZZLE SIZE: ENGINE: HONDA VASS Painting, Inc. TRAILER F 1993 HAULMARX TRAILER • BODY TYPE: UTILITY TRAILER VIN 1: IWC200C16P3025486 DECAL 1: 06958842 TITLE*: 82624038 TAG*: AS7A3V PURCHASED FROM: RAYSIDE TRUCK & TRAILER TRAILER G 1990 HOMEMADE TRAILER BODY TYPE: UTILITY TRAILER VIM*: NONE DECAL #: 06795391 TITLE I: 82069412 TAG #: GH821Q TRAILER I. .- - 1993 HORIZON TRAILER - • BODY TYPE:!UTIIITYIRAILER - VIN IWC200C11P3925 119 DECAL 1: 06846260 ":•,. - TITLE*: 82480985 ',Li._ TAG it: A47SYM • • -, TRAILER 1995 PACE AMERICAN TRAZER BODY TYPE: UTILITY TRAILER. VIN t 4FPFBI214S0009689 DECAL 0: 06795389 TITLE 0: 83505359 TAG it: GH246R r TRAILER K 1992 S. E. METAL TRAILER BODY TYPE: LAWN TRAILER VDI t 4Y3US1625WS001547 DECAL 0: TUtE# TAG* D63ACF rz PURCHASED FROM: GENERAL TRAILER & EQUIPMENT SALES, NC AGREEMENT THIS AGREEMENT made this CS t day of .%u L4 20 0 , A.D. between the CITY OF MIAMI BEACH, a Florida municipal co/palatial, hereinafter/. called the City, which tam shall include its successors and assigns, party of the one part, and V.T. P. P0.\NT1t.S(p hereinafter called the Contactor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated " PRESSURE CLEAN AND PAINT CITY HALL BUILDING " by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and wad/manlike manner the materials herein referred to, strictly in accord herewith the following. 3.1 The Contractor shall be Substantially 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 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. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 12 3.2 Damages - City and Cofactor recognize St the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No. 1, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contactor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars (5200.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars (5200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owners expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such constnrction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govem as determined by the City. 6. if the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contactor the contract sum in accordance with the Conditions of the Contract The City, by allowing Contractor to continue with said construction after the time for its completion herein before stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contactor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contact Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contactor and Surety Agent authorized to do business in the State of Florida BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 13 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current fins at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: g 48,368.00 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. V.I.P Painting, Inc. (SEAL) CITY OF MIAMI BEACH Contractor B_alegJL& fry//)G?(may. (Authorized Corporate Officer) Mayor President Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 44. LAIC DATE: 05/25/01 _ 1 `0 1 w0 • swoon ri✓ ATTEST: City Clerk CITY OF MIAMI BEACH 14 r COLLINSWORTH, ALTER, NIELSON, FOWLER & DOWLING, INC. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 155.05 (1) (a) Bond No SU3250107 Contractor Name VIP Painting, Inc. Contractor Address 11540 Wiles Road, Coral Springs, FL 33076 Contractor Phone No. (954) 344-4413 Surety Company Utica Mutual Insurance Company Surety Address P.O. Box 530, Utica, NY 13503 Surety Phone No. (800) 477-1914 Owner Name The City of Miami Beach Owner Address 1700 Convention Center Drive, Miami Beach, FL 33139 Owner Phone Number (305) 673-7490 Obligee Name N/A (If contracting entity is different from the owner, the contracting public entity) Obligee Address N/A Obligee Phone No. N/A Contract No..( If Applicable) 31-00/01 Project Name Pressure Clean and Paint The City Hall Building Project Location Miami Beach, FL Legal Description and Street Address 1700 Convention Center Drive - A Portion of Park East of Bayshore Golf Course & Park South of Canal & East of Washington Avenue Less Parcel to BPI Per or 976-566 and Less Great Miami Hebrew Academy Per or 2241-185. Description of Work Pressure Cleaning and Painting FRONT PAGE All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond No. SU3250107 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statures Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we,VIP PAINTING, INC. as Principal, hereinafter called Contractor, and Utica Mutual Insurance Company as Surety, art firmly bound onto the of M,arn,, r'ihree Hundred Florida, as Obligee, hereinafter called the City, in the Penal stun of Srxry 0%1i ht ThouI grS (548 , 368.00*et, for the payment of which stun well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, Trimly by these presents. WHEREAS, Contractor, on the day of 20entered into a certain contract with the City, hereto attached, for BID NO. 31-00/01, Entitled, " PRESSURE CLEAN AND PAINT CITY HALL BUILDING " which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contact bas been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: L Complete the Contract in accordance with its terms and conditions, or at the Cttys sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of rhe lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient finds to pay the cost of completion less the balance of the Contact price; but nat exceeding. including other mss and damages for which the Surety may be liable bee neer, the amount set font in the first paragraph bettof. The term "balance of the Contract price, as used in dais paragraph, shall areal the total amount payable by dr City to tie Contactor under the Contract and any amendments thereto, less tate amount properly paid by tux City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI MAGI 15 The Surety shall and does hereby agree to indemnify the City aced hold it harmless of, from and against any and all liability, loss, cost, damage or muse, including reasonable attorneys fess, Laing and architectural fees or other professional services which the City may incur or which may acme err be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in frill force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contact Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terns of the Contract Documents If no specific periods of warranty are stated in the Contract Documents for any particular item of work material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 31-00/01 CCTV OF MIAMI BEACH DATE: 05/25/01 16 NN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 20 WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Cody of Ag(tat's current License as Issued by State of Florida Insurance Commissioner BID NO: 31-00/01 DAIS: 05/25/01 PRINCIPAL: (If sok Proprietor or pertrzrsbip) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (II Corporation) VIP Paintine, Inc. (Corporate Name (President) n p_ Attest: 16 /&4J1t &tb&vit/ (S retary) (CORPORATE SEAL) SURETY: UtSe,a Mutual Insurance Company ey:(2 Attordey-ln-fact Charles J. Nielson (Power of Attorney must be attached) Crit OF MIAMI BEACH 17 -Taari •w•'.H1EL90M r'" A192265 Tf wpwintpGG of ;upisuAAKE: ce Lir (Prcfi.:&,cas.; Ins.) t:..»•:'; 1,:11.. LATHE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND - NOT A WHITE BACKGROUND THE BACK OF THIS DOCU3 c11— ZUTICA MUTUAL INSURANCE COMPANY NEW HARTFORD, NEW YORK 0 ti z it EXPIRATION DATE February 07, 2003 Al CC POWER OF ATTORNEY y a a a Know all men by these Presents, the UTICA MUTUAL INSURANCE COM- D a PANY, as a New York Corporation, having Its principal office In the Town of New Hartford, County of Oneida, State of New xi = York, does hereby make, constitute and appoint Charles J. Nielson, Warren M. Alter, Charles D. Nielson m 1— Miami Lakes, Florida n tu Its true and lawful Attorney(s)-In-fact In their separate capacity If more than one Is named above to make, execute, 2 sign, seal and delivery for and on Its behalf as surety and as Its act and deed (without power of redelegation) any and 5 m all bonds and undertakings and other writings obligatory In the nature thereof (except bonds guaranteeing the payment of principal D 0 notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking m 0 to exceeds tliand interest of n flaw +» aa&tkiitiO ;,+I:4 .. 4 ..,"»....,�,;:;; ' = Dollars ($'3;000;0'00 10 : ). m 3 1-- The execution of such bonds and undertakingsshall bees binding upon sald UTICA MUTUAL INSURANCE COMPANY m u as fully and to all Intents and purposes as if the same had been duly executed and acknowledged by Its regularly elected z0 officers and its Home Office In New Hartford, New York. roThls Power of Attorney Is granted under and by authority of the following resolution adopted by the Directors of the w UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. I=— "ResoNed,thatthe President or any Vice -President, In conjunction with the SecretaryoranyAssistantSecretary, be and they are herebyauthorized 0 and empowered to appointAttorneys-in-fact of the Company, In Its name and write acts, to execute and acknowledge for and on Its behalf as Surety z an andallbonds recognizances, contracts of Indemnity and all other writings obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-Indaot shall be binding upon the Company as If they had bean duly acknowledged O by the regularly elected Officers of the Company In their own proper persons. CC 0 "Now Therefore, the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney by a facsimile, and any such Power of Attorney bearin g such facsimile signatures or seal shall be valid and binding upon the Company." U 0 m to x �{���{\\\� ��� \/\��\ 1 o b� S U qti O J V.[.wT�C 0 ♦ \i is Le \ p A 0 Secretary! 9 /O 6� / ��/t �' �. �t •'� o STATE OF NEW YORK 1 `��1� pada ca President 0 COUNTY OFONEIDA f ss. 0 Y On this 7 day of February 2000 before me, a Notary Public In and forthe State of New York, E personally came DANIEL D. DALY and GEORGE P. WARDLEY to me known, who acknowledged execution of the m ccpreceding Instrument and, being by me duly sworn, do depose and say, that they are Vice President and Secretary 31 respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said Instrument Is the corporate x w seal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal is affixed and their signatures N o subscribed to said instrument by authority and order of the Board of Directors of said Corporation. a JO In Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year first above written. o 0 yplSURgY /f �J frta•I'• O y om 1914 p Notary Public F- 03 STATE OF NEW YORK 1 ss: 4° "N a- 0 w COUNTY OFONEIDA I n r` L1 1, Stephen J. Lorenz Assistant Secretary of the Utica x o Mutual Insurance Company do hereby certify that the foregoing Power of Attorney executed by said Utica Mutual c o Insurance Company and the above -quoted Resolutions of the Board of Directors adopted November 27, 1961 are Z rn still In full force and effect. o I- In Witness Whereof, I have hereunto set my hand and affixed the Seal of the sald Corporation at New Hartford, New York, oz u. this day of 0 o �/ / w Ud Assistant Secretary = LL'3H1 M3IA 01 31ONV I'd U1OH - )Il1VWa31VM 1V101dllliV NV SNIVINOO 1N314111000 SIHl AO )IOVB 31-11 ONnoUDNOVB 3—I 8-B-2 Ed. 2-97 In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authorized Officers, this 7day of February , 2000 UTICA MUTUAL INSURANCE COMPANY 0 O 0 0 0 m 0 O m -1 x m 0 0 m 0 -nx U) 0 0 Bond No. S03250107 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We. VIP PAINTING, INC. , as Principal, and Utica Mutual Insurance Company as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of S 48 >368.00** for the payment of which we bind ourselves, our heirs. personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla Statute,. supplying Principal with labor, materials, or supplies, used directly or indirectly by A inc yawl in the prosecution of the work provided for in the contract, and Pays City all losses, damages. expenses, costs, and anomel/s fees, including appellate proceedings, that the Ciry sustains in enforcement of this bond Performs the guarantee of all labor and materials finrushed Lander the contract for the time specified in the contract, then this bond is void. otherwise it remains in hill force. Any changes in or under the contract documents and compliance a noncompliance with any formalities connected with the contract or the changes does mot affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Statute, are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, Fla Statue, contains notice and time limitation provisions which must be strictly complied with BIDNO:31-00/01 CITY OF !AMA BEACH DATE: 05/25/01 19 IN WITNESS WHEREOF, rhe above bonded parties have causod tbis Bond to be executed by their appropriate officials of the day of , 20 WITNESS: COUNTERSIGNED BY ENT FLORIDA • GENT OF (Copy of A(gent's current License as issued by State of Florida Insurance Commissioner BID NO: 31-00/01 DATE: 05/25/01 PRJNCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Tide: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) VIP Painting, Inc. ArtesLddh 4f/.thil/.rJJ ( retary) (CORPORATE SEAL) SURETY: -Inca Mutual Isurance Company nsL Atto&neydlrfact Charles J. Nielson (Power of Attorney most be attached) CTrY OF MIAMI BEACH 20 FLORID • ..: . JACKSOI.NIEL. .!!!!' A192265 --ruggwrst,T.AssE§:IN,!kSlIRANCE! ! ! 1 Gen.. Linss-(Prtp.1&.C4r. Ins.) ' rill ' ! 70522,, ' LATHE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND - NOT A WHITE BACKGROUND THE BACK OF THIS DOCUm UTICA MUTUAL INSURANCE COMPANY _a NEW HARTFORD, NEW YORK z vEXPIRATION DATE February 07, 2003 SP it EXPIRATION z POWER OF ATTORNEY y Q » a Know all men by these Presents, the UTICA MUTUAL INSURANCE COM- z us PANY, as a New York Corporation, having Its principal office In the Town of New Hartford, County of Oneida, State of New z Q York, does hereby make, constitute and appoint Charles J. Nielson, Warren M. Alter, Charles D. Nielson —i x 1— Miami Lakes, Florida w its true and lawful Attorney(s)-in-fact In their separate capacity If more than one Is named above to make, execute, 2 sign, seal and delivery for and on Its behalf as surety and as Its act and deed (without power of redelegation) any and all bonds and undertakings and other writings obligatory in the nature thereof (except bonds guaranteeing the payment notes,0 of mortgage bonds and mortgages) provided the amount of no one bond or undertaking 0 exceleds principal and Mif;otea ass bs ". ,.,..r._ ... Dollars:($3 300600 i " ). co 1- The execution of such bonds and undertakings shall bees binding upon said UTICA MUTUAL INSURANCE COMPANY LL as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected o officers and Its Home Office In New Hartford, New York. U Q m w z 1-- 0 0 z 0 ccU U m m w F- r x a I— e kin -41. O Secretary I Z O STATE OF NEW YORK 1 dn do , oe resident o COUNTY OFONEIDA I ss: 0 m t7 0 Q m 0 w ix 0 J 0 \$S UR4 ro 2 ��191 o Notary Public This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the UTICA MUTUAL INSURANCE COMPANY on the 27th day of November, 1961. "Resolved, thatthe President or any Vice-Prealdent, In conjunction with the Secretary or anyAsslstantSecretary, be and they are hereby authorized and empowered to appoint Attorneys-in-faot of the Company, In Its name and as Its acts, to execute and acknowledge for and an Its behalf as Surety any and all bonds recognizances, contracts ofIndemnity and all other writin sobligatoryinthenaturethereof,withpowertoattachtheretotheseal of the Company. Any uch writings so executed bysuch Attorneys -In -tacit shall be binding upon the Company as if they had been duly acknowledged by the regularly elected Officers of the Company in their own proper persons. "Now Therefore, the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney by a facsimile, and any such Power of Attorney bearing such facsimile signatures or seal shall be valid and binding upon the Company." In Witness Whereof, the UTICA MUTUAL INSURANCE COMPANY has caused these presents to be signed by its Authorized Officers, this 7day of February , 2000 . UTICA MUTUAL INSURANCE COMPANY On thls 7 day of February , 2000 before me, a Notary Public In and forthe State of New York, personally came DANIEL D. DALY and GEORGE P. WARDLEY to me known, who acknowledged execution of the preceding Instrument and, being by me duly sworn, do depose and say, that they are Vice President and Secretary respectively of UTICA MUTUAL INSURANCE COMPANY; and that the seal affixed to said Instrument Is the corporate seal of UTICA MUTUAL INSURANCE COMPANY; and that the said corporate seal Is affixed and their signatures subscribed to sald instrument by authority and order of the Board of Directors of said Corporation. In Testimony Whereof, I have hereunto set my hand at New Hartford, New York, the day and year first above written. H z w 0 0 U 0 0 N In Witness Whereof, 1 have hereunto set my hand and affixed the Seal of the said Corporation at New Hartford, New York, o this day of STATE OF NEW YORK t COUNTY OFONEIDA I ss: I, Stephen J. Lorenz . Assistant Secretary of the Utica Mutual Insurance Company do hereby certify that the foregoing Power of Attorney executed by said Utica Mutual Insurance Company and the above -quoted Resolutions of the Board of Directors adopted November 27, 1961 are still in full force and effect. T U Ut Assistant Secretary u ▪ -3• H1 M3IA 01 310NV 1V 010H - )IllVW!l31VM 1V101d118V NY SNIVINO0 1N3W11000 SIHJ. dO )IOV8 3H10NflOtlONOVB 3'4 8-8-2 Ed. 2-97 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars (S ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the _ day of 20 , entered into a certain contract with the City, hereto attached, for BID NO. 31-00/01, Entitled, " PRESSURE CLEAN AND PAINT CITY HALL BUILDING " which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in firll force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: L Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contact or Contracts of completion arranged under this paragraph) sufficient finis to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amotmt properly paid by the City to the Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 15 The Surety shall and does hereby agree to indemnify the City and hold it harmless of; from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys foes, engineering and architectural fees or other professional services which the City may incur or which may accrue or be apposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 16 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of 20 . WITNESS: PRINCIPAL: (If sole Proprietor or partnership) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest (Secretary) (CORPORATE SEAL) SURETY: (Copy of Agent's current License as issued by State of Florida Insurance By: Commissioner Attorney-in-fact (Power of Attorney must be attached) BID NO: 31-00/01 CITY OF MIAMI BEACH 17 DATE: 05/25/01 CERTIFICATES AS TO CORPORATE PRINCIPAL L, Michelle Ca l dwe l,krtify that I am the Se eetaty of the Corporation named as Principal in the foregoing bond; that Alex Caldwell who signed the said bond on behalf of the Principal, was then President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Seal STATE OF FLORIDA ) SS couwrY OF Broward Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared M i c he 11P r'a ldwell to me well known, who being by me fust duly sworn upon oath, says that he is the Attorney -in -Fact, for the Michelle Caldwell and that he has been authorized by Michelle Ca 1 dwell to execute the foregoing bond on behalf of the Contractor Darned therein in favor of the City of Miami Bead Florida. Subscribed and sworn before me this el 7' day of (.--- 20 0 1 A.D. (Attach Power of Attorney) BID NO: 31-00/01 DATE: 05/25/01 Notary ' c State of Florida -at -Large My Commission Exp. CTIY OF ?MAW BEACH 11 to "°"m"p s sd"gi° y fi* W Cartneejen CC11u13 1,6..00 Erpnn February 3 2032 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We. , as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Statute., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosection of the work provided for in the contract and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond Perforans the guarantee of all labor and materials furnished under the contact for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Statute, are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, Fla. Statute, contains notice and time limitation provisions which must be strictly complied with. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 19 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of 20 . WITNESS: PRINCIPAL: (If sole Proprietor or partnership) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest (Secretary) (CORPORATE SEAL) SURETY: (Copy of Agent's current License as issued by State of Florida Insurance By: Commissioner Attorney-in-fact (Power of Attorney must be attached) BID NO: 31-00/01 CITY OF MIAMI BEACH 20 DATE: 05/25/01 CERTIFICATES AS TO CORPORATE PRINCIPAL 1, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I lmow his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA ) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well lmown, who being by me fust duly swom upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of . 20_ A.D. (Attach Power of Attorney) BID NO: 31-00/01 DATE: 05/25/01 Notary Public State of Florida -at -Large My commission Expires: CITY OF MIAMI BEACH 21 INSURANCE REOUIREMENTS See Insurance Check List for applicability to this contract. a) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work It is understood and agreed that at all times the contractor is acting as an independent contractor. b) The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: r) Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida a) Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contact or in connection with the work This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. m) Maintain Automobile Liability Insurance including Property Damage covering all owned, non -owned or hired automobiles and equipment used in connection with the work. iv) Maintain any additional coverage required by the Risk Manager as indicated on the Insurance Check List v) Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. vr) No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. vu) All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these cow must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 22 via) Original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. ix) It is understood and agreed that all policies of insurance provided by the contactor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. c) The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold hamnless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amoimt of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fres and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contactor, his agents, servants, or employees, or through the mere existence of the project under contract. BID NO. 31-00/01 " PRESSURE CLEAN AND PAINT CITY HALL BUILDING " The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. i.) The contactor will no* his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and caner. u) The contactor will obtain and maintain contactual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this conuactral operation. d) All policies issued to cover the insurance requiterrenls herein shall provide full coverage from the fust dollar of exposure. No deductibles will be allowed in any policies issued on this contact unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 23 e) The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand Compliance by the contractor and all subcontractors with the foregoing requirements as to canying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations trader any Section or provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. f) Insurance coverage required in these specifications shall be in force throughout the contract term Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. g) If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. h) It is tmderstood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with mcspcct to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 24 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida XXX 2. Geral Liability (ocameace foram), limits of liability 51,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and L must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fre Legal Liability $ .00 _ Protection and Indemnity $ .00 _ Employee Dishonesty Bond $_ .00 _ Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirernents of these specifications and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 31-00/01 DATE: 05/25/01 an OF MIAMI BEACH 25 DIVISION 1 General Provisions Section i DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contact Bond the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City Commission. 1.3 "Board" - The City Commission of the City of Miami Beach, Florida. 1.4 "Citv Clerk" - The City Clerk of the City of Miami Beach, Florida- 1.5 lorida1.5 "City Manager" - Chief Administrator of the City Commission. 1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials famished and of the work performed by the Contractor. 1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fiilfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Surety" - The corporate body or individual which is bound by the Performance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guaranty" - The security designated in the Proposal, to be f irnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 26 1.14 "Plans" - The official approved plans, proms, typical cross-secrion, gaieral cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof which show the location, character, dimensions and details of the work to be done, and which are to be considered as a part of the Contract supplementary to these Specifications. 1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach. 1.16 "Specifications" - The directions, provisions and requirements contained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project under consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govem. 1.18 "Supplemental Agreement" - A written agreement between the Contractor and the City Engineer, covering alterations and unforeseen work incidental to the project 1.19 "Contract" - The written agreement covering the performance of the work and the furnishing of labor and materials in the proposed construction. The contact shall include the „Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and Material Bond" also any and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner. 1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract 1.21 "Payment Bond" - The security furnished by the contractor and the surety as to guaranty that the contactor will pay a claimant. A claimant is defined as any person supplying die Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. 1.23 "Ouestionnaire" - The approved form upon which the Contactor must furnish the information as to his ability to perform the work, his experience in similar work, and his heanciai condition as related to his ability to finance the work. 1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the use for which it is intended. A Certificate of Substantial Completion signed by the A/E of Record, the contactor and approved by the City must be submitted in order to consider the work substantially complete. Moreover, the substantial completion shall also be linked, for the City's convenience, to the issuance of a Temporary Certificate of Completion or Temporary Certificate of Occupancy by the Building Official. BID NO: 31-00/01 DATE: 05/25/01 CITY OF ML4MI BEACH 27 Section 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2.1 Interpretation of Approximate Esdmate - The Bidder's attention is called to the fact that the estimate of quantities of all work to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposal Foran, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not assume any responsibility that the final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead miszmderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. 2.2 Examination of Plans. Specifications, Special Provisions, and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of these Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the Bidder has made examination. 23 Preparation of Proposals - Proposals shall be submitted on the form provided All blank specifications for which quantities are shown must be filled in ink, in both words and figures with the unit price for the item for which the proposal is made. The bidder shall also state the time in which he will complete the work bid upon, unless a certain time is stipulated If the proposal is made by an individual in his own proper person or under a trade or firm name, he shall execute the same under his individual trade or firm name, he shall execute the same under his individual signature and his post office address chall be shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in full the names of the partners and the firm name of the partnership, if any, and signed by one or moue of the partners, and the post office address of each of the partners shall be shown. If made by a corporation, the proposal shall be executed by setting out the corporate name in full, followed by a statement that it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal place of business shall be shown. 2.4 Refection of Irregular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissions, alterations of form, additions not called fir, conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accompany Pr000sab - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO: 31-00/01 DATE: 05/25/01 CfY OF M1AMI BEACH 28 2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which shall be matted so as to indicate its content and name of Bidder clearly. If forwarded by mail the above mentioned envelope shall be closed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the date and hour stated in the "Notice to Contractors." 2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place indicated in the 'Notice to Contractors." Bidders or their authorized agents are invited to be present. 2.9 Disqualification of Bidders - Only one Proposal from an individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Board that any bidder is interested in more than one Proposal for the work contemplated all Proposals in which such Bidder is interested will be rejected. The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contacts with the same in force at the time of receiving bids. 2.10 Competency of Bidders - Bidders must be capable of performing the various items of work bid upon. They shall furnish a statement covering experience on similar work, a list of machinery, plant, and other equipment available for the proposed work, and shall Furnish statements of their financial resources as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be rejected. 2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in all respects to the samples submitted BID NO: 31-00/01 DATE: 05/25/01 CIIY OF MIAMI BEACH 29 Section 3 AWARD AND EXECUTION OF CONTRACT 3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid. The amounts will then be compared and the results of such comparison will be available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all Proposals and to waive technical errors as may be deemed best for the interests of the City. 3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest responsible Bidder whose Proposal shall comply with all the requirements necessary to render it formal The award, if made, will be within ninety (90) days after the opening of the Proposals, but in no case will an award be made until all necessary investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract. 3.3 Return of Pr000sal Guaranties - All Proposal guaranties will be returned imrnediately following the tabulation of Bids, except those of the three lowest Bidders These guaranties will be returned within ten (10) days following the award of Contract, except that of the successful Bidder, which will be returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond Required- The successful Bidder entering into a Contract for any portion of the work will be required to give the City Surety in a sun equal to the amount of the Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be acceptable to the City, and executed on the form furnished In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond, including both Engineering and Legal services, shall lie against the bond. 3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the City, and return them to the City Engineer. No proposal will be considered binding upon the City until the execution of this Contract. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the work may be re - advertised or may be constructed by day labor, as the City may decide. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 30 3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish certified copies of. Excerpts from the By -Laws; Excapts from the Minutes or Resolutions of the Governing Body; Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business in the State of Florida. BID NO: 31.00/01 DATE: 05/25/01 CRY OF MIAMI BEACH 31 Section 4 SCOPE OF THE WORK 4.1 Intent of Plans and Specifications - the intent is to prescribe a complete wodt of improvement which the Contactor undatakes to do. the Contactor shall do all the work indicated in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and acceptable manners, and when completed, shall remove all surplus and discarded material and equipment and leave the site of the Work in a, acceptable and finished condition He shall fianish, unless otherwise provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the Work. He shall maintain the finished Work until its formal acceptance by the City, as herein provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contact. 4.2 Special Work - Proposed construction or requirements not covered by these Specifications will be covered by "Special Provisions" and performed or complied with by the Contractor. 43 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to make from time to time such alterations in the Plans or in the character of the work as may be considered necessary or desirable to complete fully and perfectly the proposed construction and such alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be performed, and should added or eliminated work be of the same character as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete fiilly the Wodc as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force Account" Basis given the Contractor. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 32 , 4.5 Removal and Disposal of Structure and Obstructions - The Contractor will nanove all obstructions that may come in the way of the contemplated impmvemeals, such as pavements, sidewalks, fences, buildings, trees, roots, sharps, logs, old foundations or piling, and other obstructions encountered either above or below the surface of the ground and dispose of them in such mariner as the Engineer may direct. All work prescribed and involved under this heading shall be considered as incidental to and included in the unit price bid for the particular Work in which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any material which is not within the excavation, as indicated, without written atdir rizaticn fiom the Engineer. Materials in old structures removed by dr Contractor to allow the construction of new structures, and not needed by the City„ may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be disposnd of by the Contractor as directed by the Engineer. BID NO: 31-00/01 DATE: 05/25/01 CRY OF MIAMI BEACH 33 Section 5 CONTROL OF THE WORK 5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, duction, prosecution and fulfillment of this Contract, and as to the character, quality, amount, and value of any work done, and materials finished, under or by reason of this Contact, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such working drawings as ate necessary to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working Drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans furnished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any work involving these plans shall be performed. Plans for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of his working drawings with the approved Plans and Specifications. The Contract price shall include the cost of finishing all waking drawings and the Contractor will be allowed no extra compensation for such drawings. 53 Conformity with Plans and Allowable Deviations - The finished work in all cases shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations from the approved Plans and working drawings as may be required by the exigencies of construction will in all cases be determined by the Engineer and authorized in writing. 5.4 Coordination of Plans. Specifications. and Special Provisions - These Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contact and a requirement occurring in one is as binding as though occurring in alL They are intended to be cooperative, to describe and provide for a complete Wale In case of discrepancy, figured dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special Provisions shall govem over both Specifications and Plans. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 34 5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans, Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other contractors in every way possible. The Contractor shall at all times have a competent English-speaking Superintendent, capable of reading and thoroughly wmderstanding the Plans and Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of the Engine& without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be finished irrespective of the amount of work sublet 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed; also to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract Ordinarily one Inspector will be employed by the City for each section of the Work under Contact; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment 5.7 Insnection - The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract If the Engineer requests it, the Contactor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the pats removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or malting good of the parts removed, shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his BID NO: 31.00101 DATE: 05/25/01 35 C[IY OF MIAMI BEAC6 representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. 5.8 Failure to Remove and Renew Defective Materials and Work - Should S Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm, or corporation to perform the Work All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contact Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by hum 5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 36 Section 6 CONTROL OF MATERIALS 6.1 Source of Supply and Duality of Materials - At the option of the Engineer the solace of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under Samples and Tea Paragraph 6.2. Only materials confonning to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves unacceptable at any time, the Contactor shall furnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work. 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engines may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6 3 Storage of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate pi inspection Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. BID NO: 31410101 DATE: 05/25/01 CITY OF MIAMI BEACH 37 Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govem himself accordance with than. He shall indemnify and hold harmless the City, the Architects and all of its officers agents, and servants again any claims or liability arising from, or based an, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees. 7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed 51,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the constmction or repair of a public building or public work may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list 7.1.3 VENDOR APPLICATION Prospective bidders should register with the DemandStar.com (the City's Vendor Database Management Finn); this will facilitate their receipt of fit re notices of solicitations when they are issued. Potential bidders may contact DemandStar.com at (800) 711-1712 or register on-line at www.demandstar.com. It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. 7.2 Permits. Licenses. Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. 7.3 Patented Devices. Materials. and Processes - It is mutually understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 38 such use shall be provided for by suitable legal agreement with S patentee or owner, and a copy of this agreement shall be filed with the Engineer, however, whether or not such agreement is made or Sled as noted, the Contractor and the Surety in all cases shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, to be pafomred under the Contact, and shall indemnify S said City fa any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Work 7.4 Richt of Wav - In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.5 Restoration of Surfaces Opened by Permit - Any individual, film, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized pemrit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary -repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which rase the Contractor shall not be relieved in any way from his responsibility for the work performed by him. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 39 7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary condition, such LL . i a,:ens for the we of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. 1* shall commit no public nuisance. 7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and chill be lighted and barricaded as hereinafter provided. 7.8 Closing, Streets - Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable banicades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall atunediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades. Warnings, and Detour Sins - The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. All safety signs, necresary lighting and temporary fencing aramd work areas shall be installed and maintained and work perfonned in accordance with OSHA requirements while the job is in progress. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hydrants. Gutters. Etc. - Fire hydrants on or adjacent to the Work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted BID NO: 3140/01 DATE: 05/25/01 CRY OF MIAMI BEACH 40 7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be permitted without the written permission of the City Engineer and a pamit issued by the Chief of the Fite Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or propaty, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. 7.12 Preservation of Property - The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, tees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contactor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Damara^ Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer maybe retained for the use of the City, or in case no money is due, his suety shall be held until such suit or suits, action or actions, claim or claims, for injures or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Engineer. BID NO: 31-00/01 DATE: 05/25/01 CRY OF MIAMI BEACH 41 The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released 7.14 Contractor Resnonsibgity for Work - Until acceptance of the Work by the Board it shall be under the charge and cote of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work orrasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 Owning, of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it oras a waiver of any provisions of these Specifications and Contract Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Leval Rivhts - The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sures as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited- The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof nor of the Contract. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 42 Section 8 PROSECUTION AND PROGRESS 8.1 Subletting or Assigning Contracts - The Contractor will not be pamitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, fide, or interest therein to any individual, film, or corporation without the written consent of the Board. In case such approval is given the Cantor must file with the Engineer copies of all sub -Contracts. No sub -Contracts or transfer of Contract shall in any case release the Contactor of his liability wider this Contract and Bond. 8.2 Progress of Work - It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Ooeradons - The work is to be confined, at any one time, to five squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half, r will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work and to join his work to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. Each Contactor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and Eauloment - The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. BID NO: 31-00/01 DATE 05/25/01 CITY OF MIAMI BEACH 43 All wodmra must haw sufficient skill and experience to properly perform the we& assigned them. All workmen engaged on special wodr «skilled work, or in any trade, shall have had sufficient experience in such work to properiy and satisfactorily perform it and to operate the equipment involved, and shall make due and props effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to furnish Sable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after orre being place on the Work, shall be removed without the consent of the Engineer. 8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equ ival®t extension of time for completion of the Contract 8.6 Computation of Contract Time for Completion of the Work - Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board and not by any fault of the Contactor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory execution and completion of the Contact shall require work or material in greater value than set forth in the Contract, then the contact time shall be increased in the same ratio as the additional value bears to the original value contacted for. No allowance shall be made for delay or suspension of the prosecution of the Work due to fault or negligence of the Contractor. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 44 No claim for damages shall be made or allowed on accamt of delay or r 4 .........! occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on accormt of the stress or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is tmdastood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain tmcompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: Amotmt of Liquidated Darnages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of Agreement The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terns of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 8.8 Annulment of Contract - If the Contractor fails to begin the Wodt under Contract within the time specified, or fails to perforin the Work with sufficient wodctnen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contactor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand against him tmsatisfed for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the BID NO: 31-00/01 DATE: 05/25/01 CnY OF MIAMI BEACH 45 noil Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the sauce, and if the Contactor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the Board shall upon written certificate fmm the Engineer of the fact of such delay, neglect, or default and the Contactor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agrcement for the completion of said Contact according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Board, together with the costs of completing the Work tinder contact, shall be deducted from any monies due or which may become due said Contactor. In case the expense so incurred by the Board shall be less than the sum which would have been payable under the Contact if it had been completed by said Contractor, then the said Contractor shall be entitled to receive the difference, and in case such expense shall exceed the stmt which would have been payable under the Contract, then the Contactor and the Surety shall be liable and shall pay to the City the amount of said excess. 8.9 Termination of Contractor's Resnonsibilitv - This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the Board as hereinafter provided The Contactor will then be released from further obligation except as set forth in his bond, and except as provided in Article 7.16 of these Specifications. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 46 Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Ouantlties - All work complexed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope -stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.2 Scone of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 Payment and Compensation for Altered Onantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contact unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement 9.4 Force Account Work - All Extra Work done on a "Face Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner. (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent of the sum thereof which shall be considered as full . for general supervision and the firnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, UneYnployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 47 (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by S original receipted bills, but no percentage shall be allowed on the cost of such materials. (c) For any special equipment or machinery, such as power driven milers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sure no percentage shall be added The compensation as herein provided shall be received by the Contractor as payment in full for Extra Work done on a force account basis. The Contractor's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 93 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the wort completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement atter the completion of the Wodc Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is tmderstood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed BID NO: 31-00/01 DATE: 05/25/01 CRY OF MIAMI BEACH 43 work, the estimate and payment for such defective or questioned wodc shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment If the total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of the Contact the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enabk it to complete the uncompleted work in the Contract and liquidate unsatisfied claims. 9.7 Acceptance and Final Payment - Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Fatimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the Board, provided that the Contractor has furnished to the Board a swom affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contact Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following doammects: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAI, a LEITER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the A/E of record, approved by the City. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 49 Section 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish satisfactory evidence that he has complied with the Workmen's Compensation Act of the State of Florida, and any amendments thereto, and all laws pertaining to the protection of his employees. 10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank draft of any National or State bank, or Bid Bond payable to the order of the City of Miami Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid shall accompany each proposal. The Performance and Payment Bonds shall each be in the amount of one hundred (100%) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. 10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the corse of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. 10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the work provided for under the Specifications herein, shall be assamted by the Contactor and the City Commission and all its officers, agents, employees shall be indemnified and saved harmless therefrom. 10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to become familiar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. 10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the required of the Special Provisions will prevail. 10.8 LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to protect work already accomplished. Any work that the contractor finds necessary to provide during the above days and times, must obtain writer pamission from the Property Management Director or designated representative. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 50 Technical Specifications For The Painting of the CITY HALL BUILDING Prepared By: City of Miami Beach Property Management Division SPECIFICATIONS: A. Furnish all labor and materials necessary to pressure clean, minor repair of stucco finish, and match the existing paint color for the entire exterior surfaces of the City of Miami Beach City Hall Building (excluding actual roof surface) and to supply a warranty on the paint and the workmanship for the work of not Tess than 7 years. B. Scope of Work Includes: 1. Pressure clean and minor scraping of exterior walls and surfaces, exterior ceilings, doors, and other painted surfaces. 2. Minor stucco (masonry) restoration 3. Caulking & waterproofing. 4. Damp -proofing. 5. Priming of stucco and masonry surfaces 6. Priming of doors. 7. Priming & Painting of "Red Wave" artwork piece. 8. Finish coat (painting) of the entire exterior of building, including exterior ceilings, doors, exterior elevator cabs and framework, honeycomb metal ceiling above 4th floor, cooling tower stucco walls, stucco and metal on roof area and other painted surfaces. C. Paint & Material Includes: 1. Paint (Finish Coat) to match existing colors. 2. Primer (Base Coat). 3. Sealant, Caulk & Patching Compounds. 4. Cleaning Agents (Chlorite, Acids, etc.). 5. Comer Bead Replacement (50 lineal feet). 6. Caner Bead Repair (100 lineal feet). D. Labor Includes: 1. Pressure Washing, Cleaning and Acid Treatment. 2. Scraping, Sanding & Wire Brushing. 3. Caulk and Sealant Application. BID NO: 31-00/01 Cry OF MIAMI BEACH DATE: 05/25/01 51 1.02 Other Terms and Conditions: A. Cleanliness of Site 1. All work areas under the control of the contractor shall be kept free of waste material, debris, empty paint cans and containers, and rubbish on a basis. 2. All debris removed from the job site by the contractor shall be properly disposed of and in accordance with all federal, state, and local laws. B. Protection of Building, Paved Areas, and Landscaping: 1. The contractor shall protect the surrounding work area from damage or disfiguration as a result of his work 2. The contractor shall fumish all drop cloths, shields, and other protective methods to prevent spray and drippings from disfiguring other surfaces. C. Environmental and Color Matching Requirements: 1. Do not apply material during inclement weather, when humidity is above 85% or when air substrate surface temperature is below paint manufacturers recommendations. 2. Provide field sample illustrating coating color, color coverage, texture and finish. Sample may remain as part of the work if the surface has been properly prepared. 3. Match existing paint scheme or other color as directed. D. Inspection of Work Surfaces: 1. Verify that surfaces have been properly cleaned and ready to receive paint as specified by the paint manufacturer. 2. Examine all surfaces prior to of work and report any conditions to the City of Miami Beach Property Management Department Contact Manager that are not acceptable to receive paint or require work beyond the scope of this project. 3. Verify moisture content does not exceed manufacturer recommended "dry' condition 4. Beginning of paint application means acceptance of the existing surface conditions by the contractor. E. Products: 1. Only premium paint and primers mamtfactu ed by Sherwin Williams,Glidden, Benjamin Moore, Flex Bon, Behr, Porter, Povia, Richards, Scott or other approved manufacturers shall be used on this project. BID NO: 31-00/01 an ' OF MIAMI BEACH DATE: 05/25/01 52 2. An environmentally safe gemricidal cleaning agent such as'Metaquat" or approved equal shall be utilized in the pressure cleaning of the briding. F. Pressure Cleaning Requirements: 1. A pressure cleaner with a minimum of 2,500 p.s.i. of water pressure will be utilized in this work. The pressure cleaner shall have a chemical injection capability. 2. For light or moderate pressure cleaning required, a solution of one part household strength chlorine and metaquat to two or three parts water shall be injected into the pressure cleaning wash 3. For heavy cleaning required, a solution of one part chlorine and metaquat to one part water shall be used. 4. Work solution into cracks, joints, and other textured surfaces with a clean stiff -bristle scrub brush. 5. All mildew, chalking and loose material shall be removed either by the pressure cleaning or by hand if necessary. 6. Allow to dry and re -apply cleaning sohrtion but do not rinse so that a sterile paint surface is maintained. G. Chalk, and Efflorescence: 1. Verify powder residue on surface is either chalking due to weathering of alkalinity or efflorescence. Localized powdery on cementitious surfaces usually indicates efflorescence of high alkalinity. A few drops of muriatic acid applied to the powdery surface will react to efflorescence by bubbling and will have no reaction to chalk 2. After pressure washing, mildew treatment, and crack and joint repair, check several areas of each surface for chalk and efflorescence. 3. Apply surface conditioner solution concentration and application method appropriate to degree of chalk remaining with brush, roller, or pressure sprayer. 4. Allow to dry according to label directions before proceeding. 5. Recheck for chalk after surface conditioner is dry and recheck for chalk. The paint contractor shall be responsible for ensuring all excess chalk has been removed from masonry surfaces prior to paint or primer application. 6. Topcoat surface conditioner within seven days of surface conditioner. l3. Caulking and Sealing: 1. Caulk will be applied as necessary using Somieburn NP -1 one part Urethane or equal. 2. For hairline cracks coat over during normal priming and painting. 3. For cracks 1/16" to 1/8", rake ova with knife and clean, seal with surface conditioner, and fill with patching compound and blend with adjacent surface. BID NO: 31-00/01 DATE: 05/25/01 CTI Y OF MIAMI BEACH 53 4. For cracks 1/8" to 1/4", at a v -groove, rake ova with knife and clean, seal with surface conditioner and fit with backer rod if necessary. I. Rust Stain Removal and Ferrous Metal Preparation: 1. Remove stains with a rust stain remover, rinse and allow to dry. 2. For embedded iron deposits, chip, drill or chisel out. Treat stain with oxalic acid and seal with surface conditioner. Fill with patching compound, blending with adjacent surfaces. 3. For rust stains from metal lathe or reinforcing steel, repair as appropriate riate for the condition. 4. Sand, scrape and/or wire brush rust or loose paint from metal surfaces. 5. Prime metal surfaces prior to painting using a zinc rich prima. J. Minor Stucco Repair (less than 2 square inches and 1/4" deep): 1. Sound out and remove loose stucco. 2. Seal with surface conditioner. 3. Fill with elastomeric patching compound blending with adjacent surfaces. 4. Bridge 2" on both sides of area and center crowned area directly over crack to allow for thermal movement. 5. Match existing adjacent surfaces as close as possible. K. Material Schedule: 1. Stucco Walls. Columns. etc.: a. Primer one coat of Flex Bon #110-1 Clear Epoxy Primer/Sealer or #111-0 Exterior Acrylic Latex surface conditioner, or approved equal, pigmented as required. b. Finish: one coat of Flex Bon #04 Premium Exterior Low Sheen 100% Acrylic Latex H & T Paint or approved equal. c. A minimum of 1 gallon of labeled paint (of each color used) shall be supplied to the City by the contractor for any minor touch-up work required after final acceptance of the completed work by the City of Miami Beach representative. 2. Ladino Dock Doors: a. Prima: spot prime with Flex Bon #110-1 Epoxy Primer/Sealer or #111-0 Exterior Acrylic Latex surface conditioner, or approved equal, pigmented as required b. Finish one coat of Flex Bon #95 Premium Exterior Semi -Gloss 100% Acrylic Latex H-& T Paint or #10 Flat or approved equal back rolled or sprayed. 3. Metal Ferrous Doors & Skylight Frames: a. Primer one coat Flex Bon #168-1 Interior -Exterior Alkyd Rust Inhibitive Metal Primer or approved equal. b. Finish: one coat Flex Bon #97 Premium Interior -Exterior Serni-Gloss Acrylic latex Enamel or approved equal. BID NO: 31.00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 54 4. Exterior Elevator Car Frames and Cabs: a. Primer: one coat Flex Bon #194 Extaior 100% Acrylic Latex Primer or approved equal. b. Finish: ca coat Flex Bon #97 Premium Intaior-Exterior Semi -Gloss Aaylic Latex Enamel or approved equal. 5. Caulk: a. Sonnebom NP -1 one part urethane or approved equal. 6. Additives and Thinners: State approved additives and thinners may be used as necessary to achieve a conmtercial quality finish L Application: 1. Apply products in accordance with manufacturer's recommendations. 2. Do not apply paint products to surfaces that are not dry. 3. Apply each coat to dry before next coat is applied 4. Allow applied coat to dry prior to applying next coat. 5. Apply exterior coatings using brush, roll, or spraying where applicable. M. Cleaning: 1. As work proceeds, contractor shall promptly remove any paint or product where spilled, splattered, or splashed. 2. During the progress of work, the contractor shall maintain the work site free of unnecessary accumulation of tools, equipment, surplus materials, and debris. 3. All flammable materials, including drop cloths, shall be collected on a daily basis and properly stored or removed from the work site. The work site shall be left in a neat and tidy condition at the end of each work day. N. Quality Assurance and Control: 1. All bidding contractors shall have a minimum of seven (7) years of documented commercial painting and finishing experience and shall be experienced in the cleaning and painting of large, multi -story commercial type buildings. - 2. All bidding contractors shall provide a minimum of 5 references of commercial buildings that they have painted. 3. The contractor shall have available during the course of the work a quality assurance person that will inspect the progress of work on a daily basis and ensure that the work is being properly completed in accordance with the bid specifications and the mamrfactu ens recommendations. 4. The contractor shall have a supervisor available for immediate consultation by the City of Miami Beach Property Management Contract Manager during the course of the work and during working hours on a daily basis. A pager a cell phone contact number of the supervisor shall be maintained by the contractor during the course of the work.. BID NO: 31-00/01 DATE: 05/25/01 CIIY OF MIAMI BEACH 55 0. Warranty: 1. The successful contractor and the paint manufacturer shall provide a minimum of a Seven (7) Year Labor and Material Warranty to all painted masonry surfaces painted by the contractor. The warranty shall cover paint blistering. peeling, lass of adhesion, or other defects in material a workmanship. P. Pre -Bid Conference: Q. a. Will be held at place and time determined by the City. b. Attendance: 1) Contractors 2) Owner. c. Agenda: 1) Distribution of contract documents. 2) Review of specification. 3) Walkarwrnd inspection of the City Hall Building and site. Pre -Construction Conference: a. Will be scheduled by the City upon completion of the signed executed contract. Notice to Contractor and Special Requirements: By executing the contract, the Contractor represents that he has visited the site, familiarized himself with all conditions under which the work is to be performed, and correlated his observations with the requirements of the contract. The Contractor shall give all notices and comply with all laws, ordinances, Hiles, and regulations bearing on the conduct of the work specified. Permits and licenses necessary for the execution of the work shall be paid for by the Contractor. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 56 Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (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 commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an arnendtnent to the registration forms, although no additional fee chall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or taut, the chief officer, partner or beneficiary shall also be identified Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, region of all lobbyists shall be required prior to October 1 of every even -numbered year, and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (1) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a fading of financial hazdship, based upon a sworn statement of the applicant Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, BID NO: 31-00/01 DATE: 05/25/01 CIIY OF MIAMI BEACH 57 whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clak as required by this section. Copies of registration forms shall be f snished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, § 3, 3-4-92; Ord. No. 92-2785, § 3, 6-17-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any persona entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist (b) Any person who only appears in his individual capacity at a public hearing before the city canmission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self -representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers Shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attomey, officer or employee of such person. (Ord. No. 92-2777, §§ 4, 5, 3-4-92; Ord. No. 92-2785, §§ 4, 5, 6-17-92) Sec. 2-484. Sign -in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign -in logs for all non -city employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, § 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. - (b) The city cleric shall publish logs an quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. § 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 58 Commissioners or city personnel may not Imowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby S commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city ounmission. Any alleged violator shall also receive dr results of any investigation and shall have the oppommity to rebut the fillings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, § 6, 3-4-92; Ord. No. 92-2785, § 7, 6-17-92) BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEA® 59 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby defimd to mean a prohibition on: (a) any commtmication regarding a particular request for proposal ("RFP"), request for qualifications CRFQ"), request for letters of interest CRFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000.00, when the city manager executes the contract (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city w a Ws during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or conummications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clak shall make copies available to any person upon request (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited BID NO: 31-00/01 DATE: 05/25/01 CrrY OF MIAMI BEACH 60 to the city manager and his or her staff, and (b) any oral mon rung a particular RFP, RFQ, RFLI, or bid between the mayor, City commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to commtmications with the city attorney and his or her staff. (2) Except as provided in subsections (bx3) and (bX4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city corrunission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $ 10,000.00, when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder or proposer. (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (h) from engaging in contract discussions during any duly noticed public meeting (iii) from engaging in contract negotiations with cry staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written cmnmrmication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violations//penalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other pantry provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including diamicaat Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attorney and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, § 1, 1-6-99) BID NO: 31-00/01 DATE: 05/25/01 CM OF MIAMI BEACH 61 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT', BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397 Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debamrent of contractors from City work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions. (a) Affiliates. Business concerns. organintions, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third pact controls or has the power to control both. Indicia of control inchide, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to ant that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment common use of employees; or a business entity organized by a debarred entity, individual or affiliate following debamrent of a contactor that has the same or similar management, ownership, or principal employees as the contactor that was debarred or suspended. (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 62 (c) Contractor means any individual or other legal entity that (1) Directly err indirectly (e.g. through an affiliate). subunits offers for is awarded„ or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent„ representative or subcontractor of another contactor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (e) Debarment means action taken by the Debannent Committee to exclude a contractor (and. in limited instances specified in this ordinance. a bidder or proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection 6) below: a contractor so excluded is debarred. (n Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and if warranted to impose debarment, (g) P..Lip ,I 1:I 11.1 :: Greater weight of the evidence means proof by inforntation that, compared with that opposing it ,leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment kr a criminal offense. An infomration or other filing by competent authority cog a criminal offense shall be given the same effect as an indictment. (1) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. 0) List of debarred contractors means a list compiled, mainhained and distributed by the Citys Procurement Office. containing the names of contactors debased under the procedures of this ordinance. Section 2-399 List Of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a =rent. consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: 31-00/01 DATE: 05/25/01 Crl'Y OF MIAMI BEACH 63 (2) Periodically revise and distribute the List and issue supplements, if necessary, to all departments. to the Office of the City Manager and to the Mayor and City C .....; . ; ..,J,: and (3) Included in the LS shall be the name and telephone number of the City official responsible far its maintenance and distribution. (b) The List shall Skate: (1) The names and addresses of all contractors debarred in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein. or other statutory or regulatory authority: (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license number. when applicable; (7) The person through whom the contactor is qualified when applicable: (8) The name and telephone number of the point of contact in the department recommending the debarment action. (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures. maintain records relating to each debarment (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contacts to, or consent to subcontracts with contractors on the List and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400 Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from. award contracts to, or consent to subcontracts with these contractors. unless the City Manager determines that an emergeny exists justifying such at and obtains approval from the Mayor and City Commission, which approval shall be given by 517ths vote of the City Commission at a regularly scheduled City Commission mating. Debarred contractors are also excluded from conducting business with the City as agents, . , .., t� w subcontractors or partners of other contractors. BID NO: 31-00/01 DATE: 05/25/01 64 crn OF MIAMI BEACH (b) Debarred contractors are excluded from acting as individual sureties. Section 2-401 Continuation of current contracts. (a) Commencing on the effective date of this atdinance. all proposed City contracts. as sell as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of barest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute gtamds for taminatien of the contract as well as disqualification fran consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below. except that if a City department has contracts or subcontracts in existence at the time the contactor was debarred, the debarment period may comrnence upon the conclusion of the contract subject to approval of same be 5f7tbs vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contracts. or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control. and such action is approved by 5/ 7ths vote of the Mayor and City Commission at a regularly scheduled. meeting. (d) No further work shall be awarded to a debarred contactor in connection with a continuing contract. where the work is divided into separate discrete groups and the City's refusal or denial of further work under the contract will not result in a breach of such contact Section 2-402 Restrictions on subcontracting. (a) When a debarred contactor is proposed as a subcontractor for any subcontract subject to City approval, the department shall not consent to subcontracts with such contractors unless the City Manager determines that an emergency exists justifying such consent and the Mayor and City Commission approves such decision, by 5r7tbs vote. at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incurred by a contactor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contact was awarded be the City pursuant to an RFP. RFO. RFLI, or bid. BID NO: 31-00/01 DATE: 05/25/01 Clry OF MIAMI BEACH 65 Section 2-403 Debarment. (a) The Debarment Committee may, in the public interest. debar a contractor for any of the cores listed in this ordinance. using the procedures outlined below. The existence of a cause for debarment however. does not necessarily require that the contractor be debarred; the saiousness of the s acts or omissions and any mitigating factors should be considered in making any debarment decision. (b) Debarment constitutes debarment of all officers, directors. shareboldas owning or controlling twenty-five (25) patent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its temps to specific divisions, organizational elements or commodities. The Debarment Committee's decision includes any existing of iliatos of the contractor. if they are (1) specifically named and (ii) given written notice of the proposed debarment and an opportunity to respond. (c) A contractor's debarment shall be effective throughout City Government. Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission of a fraud or a criminal offense in motion with obtaining. attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract fimded in whole or in part with public finds: (2) For violation of federal or State antitrust statutes relating to the submission of offers: (3) For commission of embezzlement, dieli•, forgery, bribery. falsification or destnxxion of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding. and a court determines that the lawsuit between the contractor and the City was fiivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow. a bidder or proposer) based upon a greater weight of the evidence, for, (1) Violation of the terms of a City contact or subconract or a contract or subcontract funded in whole or in part by City fiends. such as failure to perform in accordance with the terms of one (1) or me contracts as certified by the City department administering S fact or the failure to perform. or unsatisfactorily perform in accordance with the tams of one (1) or more contracts, as certified by an independent registered architect. engines. or general contractor. (2) Violation of a City ordinance or administrative order which lists debarment as a potential Pamir/ BID NO: 31-00/01 DATE: 05/25/01 Cil'Y OF MIAMI BEACH 66 Section 2-405 Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen -at large and shall be made in writing to the twice of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regulady scheduled meeting. The Maya and City Commission shall transmit the request to a person or persona who shall be charged by the City Commission with the duty of' promptly investigating and preparing a written report(s) concerning the proposed debarment, inchiding the cause and grounds for debexment as set forth in this adimnce. (b) Upon completion of the aforestated written report, the City Manager shall forward said repot to the Debament Committee. The City's Procurement Office shall act as staff to the Debetment Committee and, with the assistance of the person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Dtrment Committee having receivedthe request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Comrriueee shall issue a notice of proposed debarment advising the contractor and any specifically narned affiliates, by certified mail return receipt requested, or personal service. containing the following info t (1) That debarment is being considered: (2) The reasons and causes for the proposed debarment in teams sufficient to put the connects and any named affiliates on notice of the conducts transaction(s) upon which it is based; (3) That a hearing shall he conducted before the Debarment Committee on a date and tine not leas than thirty (30) days after service of the notice. The notice shall also advise die contractor that it may be represented by an may, may present documanary evidence and verbal testimony, and may cross- examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debannent, and of the potential effect of an actual debarment. (d) No tater than seven (7) walling days, prior to the scheduled hearing date, the contractor must famish the City's Procurement Office a list of the defenses the ccotractor intends to present at the hearing. If the =tractor Earls to submit die list,in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set asidethe waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. BID NO: 31.00101 DATE: 05/25/01 CITY OF MIAMI BEACH 67 (e) Hearsay evidence shall be able at the hearing bit shall not form the sole basis for initis a debarment procedure nor the sole basis of any . .. • ' of debarment, The hearing stall be transcribed. taped or otherwise recorded by we of a east reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be fi>mished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material fads, the Debarment Committee shall make a decision on the basis of all the undisputed. material information in the administrative record including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence. the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the greater weight of the evidence standard The Debarment Committee shall be the sole trier of fact The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordnance. identification of the contactor and all named affiliate: affected by the decision, and the specific term. including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment. the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision specifying the reasons for debarment and including a copy of the Committee's written decision; stating S period of debet, including. effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed, the City Manager shall notify the contractor and any named affiliates, by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debannent Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Count A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406 Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), BID NO: 31-00/01 DATE: 05/25/01 CRY OF MIAMI BEACH 60 and whore applicable, within the guidelines set forth below. but in no event shall exceed five (5) yam. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating justify deviation: (1) For commission of an offense as described in subsection 2404(ax1); five (5) years (2) For commission of an offense as described in subsection 2404(aX2): five (5) years. (3) For commission of an offense as described in subsection 2404(aX3): five (5) years. (4) For commission of an offense as described in subsection 2404(aX4): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(bx I) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion reduce the period of debarment, upon the contractor's written request. for reasons such as: (1) Newly discovered material evidence: (2) Reversal of the conviction or civil judgment upon which the debarment was based: (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assismnrr of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 69 City of Miami Beach, Florida. The sections of this ordinance may be rem>mbaed reletteed to accomplish such intention, and the wad "ordinance" 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 hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day of Mamh,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 31-00/01 DATE: 05/25/01 CITY OF MIAMI BEACH 70