So Beach Dune Restoration
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INVITATION TO BID
SOUTH BEACH DUNE RESTORATION
AND ENHANCEMENT PROJECT
(FENCING)
BID No. 47-00/01
BID OPENING: August 21, 2001 AT 3:00 PM
MIAMI BEACH CITY HALL
~TFLOORCONrnRENCEROOM
1700 CONVENTION CENTER DRIVE
M1AMI BEACH, FLORIDA 33139
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
BID NO: 47-00/01
DATE: 08/01/01
COY OF MIAMI BEACH
1
"""
CITY CLERK;~
\'I
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DIVISION
~
CITY OF MIAMI BEACH
INVITATION TO BID NO. 47-00/01
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procuremen1 Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 pm. on the 21th day of August, 2001
for:
SOUTH BEACH DUNE RESTORATION AND
ENHANCEMENT PROJECT (FENCING)
Scope of Work: The wOIk consists of finnishing all labor, machineI)', tools, apparatus, means of
transportation, supplies, equipment, materials, services and incidentals necessary to replace approximately
7,857 linear feet of''bolard & rope" fencing along the eastern edge of the sand dunes in Lwnmus Park from
South Pointe Park north to 15th Street. Additionally, the work encompasses the replacement of
approximately 15,423 linear feet of "snow type" fencing along the western edge of the sand dunes in
Lwnmus Park fonn 8th Street south to South Pointe Park.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time
and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal
before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not
responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence.
A 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 amOlUlt of one-hundred (100010) percent of the
arulUaI contract amount.
The City has contnlcted with DemandStar by Onvia as our electronic procurement service for automatic
notification of bid opportunities and docwnent fuIfilhnent. We encournge you to participate in this bid
notification system. To find out how you can receive automatic bid notifications or to obtain a copy
of this RFP, go to www.demandstar.comorcalltoll-free 1-800-711-1712, and request Document
#473. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still
be able to find bid information and download docwnents through the City's website (http://ci.miami-
beach.fl.us. From the City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click on
Bid Information and Bid Status, double click on Order (Actions Column), and double click on
Download documents for a fee. You will be charged an administrative fee of $5.00 to download this
docwnent. Plans are available for this bid but must be ordered through T -Square. The attached
order fonn on page 52 of this bid package must be completed and returned to T -Square before
prospective bidders will receive requested plans and specifications.
BID NO: 47-00/01
DATE: 08/01101
COY OF M1AM1 BEACH
2
Any questions or clarifications concerning this Invitation to Bid sball 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 titlelnumber sball be referenced on all correspondence. All questions must be
received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to
questions/clarifications will be sent to all prospective bidders in the fonn of an addendum NO
QUESTIONS WILL BE RECENED VERBALLY OR AFTER SAID DEADLINE.
The City of Miami Beach reserves the right to aro:pI any proposal or bid deemed to be in the best interest
of the City of Miami Beach, or waive any infonnality in any pIqlOS31 or bid The City of Miami Beach 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
WRTITEN 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 M1AMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
/) .#
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( ...........
Gus Lopez, CPPO
Procurement Director
BID NO: 47-00/01
DATE: 08101/01
COY OF MIAMI BEACH
3
~JTY OF MIAMI BEACH
./TV IW.L 17llO CON\/ENTlOH .....aolllll\lE IiIMIIMCtI. FltlIlI>>. atI38
~ ~.~ral"JluI
COMMISSION MEMORANDUM
TO:
Mayor Ne11e8 O. ICMdla ud
Memben of tile City Ct'mm...ion
DATE: September 5, _1
FROM:
JOl'le M. Goual~.~
City Manager Or- 0
Request for Approval to Award a Connet to USA Steel Fence CODlplUly,1Il the
Amount of $71,777, PunulUIt to Bid No. 47-00101, for the Replacement of the
Rope" Bollard lUId SlUId Fenclllg along the Dune III the South Beach Area.
ADMINISTRATION RECOMMENDATION:
SUBJECf:
Approve the award.
Ii'lJNDING:
$71,777.00 Funding is available from the Miami-Dade County Safe Neighborhood Parlcs Bond
Fund No. 371.
ANALYSIS
The sand dune along the upland edge of the beac~was built in the early 1980's, to protect the coastal
properties from hurricane storm surges. When it was built, the dune area was planted with native
plant species to "anchor" its sand in-place and fencing was installed along the edges of the dune to
protect the vegetation from improper encroachments.
As a result of~ of exposure, storm impacts and vl\l)llllli...... the protective fencing bas either been
lost or is in an extremely deteriorated condition, throughout our dune system. The loss of the fencing
bas allowed pedestrians and vehicles to improperly trespass across the dune, which has killed much
of the vegetation and seriously undermined the stability of the dune system. The dune area between
1 Sth Street and South Pointe Park is the most severely impacted area.
As a result oflhese impacts, as well as, the deteriorating condition of the dune cross-overs and the
proliferation of exotic nuisance plant species within the dune system, the City developed a Citywide
Dune Restoration and F-nhanr.cment Program. FIlMing for the program includes $1,000,000 from
the General Obligation (GO) Bond Program and $1,000,000 from the Miami-Dade County Safe
Neighborhood Parlcs Bond Program. An additional $1,000,000 in Tax Increment Funding is
scheduled to become available in 2006 for additional dune enhancements in the South Pointc
Redevelopment District.
M
AGENDArrEM C J A
DATE '1- S-"'CX
3
, ... N.. ..,....1
...'
The North, Middle aad South Beach discric:Is will each be allocated "W'Ol<im.....~ $650,000 fOr duoc
IelItoratioD ICtivities. The duDe .eak>.odiun aad ...........-.ent activities will include exotic plam
removal, elevated cross-over mnovaIs, natiw Ilmd"'""f'" pi-tiT, SlIIId fencing replaf......!IIt aad
the i..-lItdinn of plotecti w'e signage. 1be restoration oftbe dunes in the North Beach diJlrict will
be done in conjunction with the construction of the North Beach Recreational Corridor Project.
Restoration of the dunes within the Middle Beach district will ocx:ur in conjunction with the
S4,300,ooo 23rd to 44th Street Street-end Improvement Project, which was also budgeted in the 00
Bond Program. The restoration of the dunes in the Soulh Beach district is being managed in-house
by the Environmental Resources Management Division. The replacement of the Rope & Bollard
f~1 along the eastern edge of the dunes and the Sand (wood ~Iat) fencing along the western edge
of the dunes, from 15th Street south to South Pointe Park will be the first phase of the Soulh Beach
Dune Restoration project.
The Invitation to Bid was issued on August 1,2001, with a Bid opening date of August 21, 2001.
One hundred and fifty two (152) Bid Notifications and nine (9) requests for Plans and Specifications
were issued by Demandstar. Two (2) bids were received, one from USA Steel Fence Company in
the amount ofS71,777 and the other from Lambert & Sons, Inc., in the amount ofS89,966.
This Project includes all labor, materials, equipment and supervision necessary to complete the
fencing rep1acement in accordance with the Technical Specifications and Drawings included in the
bid package. The Contractor will be substantially completed with the work within thirty (30)
calendar days, and the entire work will be completed within fort}'tive (45) calendar days after the
issuance of the Notice to Proceed. The Contractor will provide Performance and Payment Bonds
each in the amount of one-hundred (100%) percent of the contract price.
Therefore, based on the above information, the Administration is recommending the contract be
~bkId=-. USA.....F_C~p..y.
P:\WORK\IALLIBRUCEICOMM\SOBEDUNE.COM
4
IDYf'U NUllluer -
--
Bid. Bond
(Conan. tDNA ~A310)
KNOW ALL MEN BY llESE PRESENTS."" USA......... Com; 1-,
1_.... Ave". 8r . ..I , FL 1GlII .
. F,Il~ 1terei..6\,{ CIIed.. P,lldpel, _ PIcIIIo - r' ._ "--- eo-, . .
....ChplftMnt,11.P-3S . 1101 CIwetnut.... pt- . ~L", PA 11112
. oorpoI1IlIon duly organiZed IIIlder the laws of the StalII of e........... as Surety.ll8lell..lb,,' c:aIIed the Surety. _
held _lInnIy bound unto CIty ot __I s.ch, FlortcIiI
PnI L _...at Director, 3rd Floo!' ' 1700 CcInwntIon CenlIIr DrIw, ....... BMch. FL 33130
as OblIgee. hereinafter caIed the Obligee. in the sum of 5% of the amount bid not to exceed
S% otJlle ~bld- (
).
for the payment of which sum well and truly ID be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, SlJr.cn~llnl and assigns, jointly and severally, flrmly by these presents.
INHEREAS. the Principal has submitllld a bid for
South Bach Dune R..watIon & En__nt Project (Fencl"lll . 47~1
NOW. llEAEFORE. I tile 0bIgee -1C<8Ill tile bkt 01 tile I'rindI* IIIlI tile I'rindI* _ _ no. CooncI_ tile OblIgee In ......- _ tile
_ oIlIUdI bid, IIIlI gNe such _... bonds as may be .peclI\ad In tile biddkIg ... CooncI o.x:........._
good _ suIlIdenI sunlIy lor tile faIIIfuI peoIormaIlCll 01 sucII Contracl_ tor tile PI"GlI'CIl payment of _1IIlI __ fumished In
tile ... ~""'" ttweof. or in tile _ "'.... faiIunI 01 tile I'rindI* to _ sucII CooncIIIIlI give ...... _ ... _. f tile
F"L 1. ..".. pay to tile OblIgee the _a not to exceed tile penalty _ beIMen the """",Ill specified in said bid IIIlI suclllIuver """",Ill lor which
tile OblIgee may in good failh canIIac:l_ another I*IY to perform tile Waft< CllIV8I1ld by said bid. _
IIliI l ',;,11,. _ be nul IIIlI void. _... to _ in rullorceand eIlect.
Signed and sealed this Friday. August 17. 2001
~Uo
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USA S1IIeI Fence Compmly
~~
(Seal)
~
PacIllc Em,*,,_"'_ C-..nv
(SuNly) (Se8I)
~w~ Q~'.:m;"'InFact
FlortcIiI "-IcIent AgInt
.........
sw. of
CounIlr of
On this
. before me 1-...... -\I ClIpIAcuecl
to me known and known to me to be
the person desalbed In and who executed the foregoing Instrument, and he lhaeupon duly
aclcnowIedgecl1D me that be ............ the Sl!IIJle.
day of
.20
No1ary Public
Co.__te
State of
County of
On this
, befou! me penonally appeared
to me lcnown. who being duly sworn,
did depose and say that he resided in the and that be is
the m ,the
Corporation desaibed in and which execute::I the for~ing instrwnent; that he knew the seal of said
Corporation; that the seal "ffnted to said instrument was such Corporate seal; that it was ..ffi.tecI by
order of the Board of DiIedolS of said Corporation and that he signed his name thereto by like order.
day of
,20
Notary Public
:;_.h.
State of Flodda
County of HII"~~I-J"'11151'
On this day of ~ 2001, before me penonal1y ~ &ea,a D. Ilogas, who
being by me d~ sworn, . ~ and say that she ,..-eclln the CItp of TlIIIIpIl, Florida and that
she is the Attorney-in-fact of PacI8c I="'~l/ .. ......-u C-.-v the Surely described In and
which executed the foregoing instrument; that she knew the seal of the said Surely; that the seal
affixed 1Dsaid instrwnent was such SUJ'llIy seal; that it was afRv.ed by Older of the Board m Dh.....h.... m
...."'- ond ............. "" ~ ._~"" """'.
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.. h., ~'!f. ....-- . .
C . ..... If !:Iarwa
: ex,;", f.A' CC "Hl3I
L_ .. 11121.-
Notary Public
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IN wrTNESS WHEREOf.....ooid _1.1...,a. v_, .11-..... __10 _lied 1riI_'" _.... cmpaoa'" "''''SIid
PAClPlCDIPLOYEllSINSUIlAIlCllCOMPANY ..19IIIcIoyorJ.e 2OOt.
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COUNTY OF PIIILAIlELPIIIA ..
On T1Iis 19111'" 0I11N . A.o. 2001 ,Wn _ I ~ PulIIic or....CCIIIITlOlIwaldI OrP\.'_iMnia in me! lbrthr COUllll'orPluladclpN
earn< _I. tup;ca. Vico-Praidcnt 01.... 'Aanc EMft.OYERS INSURANCE COMPANY 10.... penllIlIIl)' known 10 be.... individaImd
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_tc.... orllidC_; tIIat...._ ___.... and his~...... duly affixed by die _.,. IIId dire<tion or.... ___and
_ Raolotion.1dopCcd by.... _ or Dn<lors 01_ Coft1lanY."'- 10 ill .... pm:cdinl ............. is _ in fOl<C.
IN TESTIMONY WIIEREOF.'_""""" lOt "'l''''''' and _ my ofIiciol......... City or ""'1adeIphi. tIIc day _,.,. finl_
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nos POWER 01' A1TOR1lEY au. YNOT BE USEDTO EXI!Ct1TE ANY BOND wrTH AN k......1OoI OATEAFrEIl J.e 19. 2OlI3 .
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J:NIIANCIIIDft' PIlOmCI'~,
aTY OPMIAMIR'ACB
PROI'OML PAGE 1 01' 5
PROPOSAL OF
US~ ~~r:-'- ~ENC-E Co
(Name)
,,\~1h \\\JE. ~.
(Address)
(FOR)
Coostructing the improvanrms "-i~ md desc:ribed in the - ""I Nolic:e to <:..Jb......s, md which
said ImproYaDeIIIs lift: .v.aVMM as the SOUTH BEACH DUNE RESTORATION AND
ENHANCEMENT PROJECI' (FENCING) md IIIlR psrtic:uIarly set forlh bcn:in.
\1.oq
~~~~~ ~~_ ~~~o3
.
SUBMITrED \\\~r:'\ 20 2~
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the undasigDed, baeby decJaR \bat DO persoD ()I' petsoos, film ()I' cotpulidion otber !ban the
lllldersigped, lift: ~w1W in Ibis l'Iupu>od. as l"iu.ipaIs, md \bat Ibis Plupuoal is made without NlIh..w.
with any penoo. 6nn ()I' OOl)>Ul.dioo, md we have carefully md III our full satisf.ao:ti.ln .......;.....j the
altlcbcd Notice to ContractoIs, Gmcral ProvisiOllS, Specificatioos f<lI' MatcriaIs md Conslnx:tion
Melbods, SuppJ-~'d~.i Condirinn., md form of CooIract md Bond, 1CJF""" with the llXIOIIlplldying
Plans, aod \bat we bave made a full --~ of tile IocaIion of the I"~ W<Kk md the SOIIIaS of
!qlpIy md ~ IIId we blRby ap:ie to fumish aD ioV'\~.,., """Jl;.~i, "lp~ lIlou.t>u<wi.....
IDols, maIaiaIs, ~ laber, _ olbr:r tbings De( 'Y to tile pw-n..i.... md (>_.,~-N,q of tile 'MlIk,
fully IaJlb "'--Iing tbat tile ,,_.~;,:- sbown in tile Nolic:e to Cu..6...A.ls md l\upuoaIlIft: approximak:
ooIy, md dill we wiD fully . ... ..1* all I..... .y wuIt in ............ with tile PIIIDs md the .-..hM
SpeciD ~. IIId the ~.......... UDder 1ban of tile PT- wiIbin the time limit ......ifio.d in Ibis
. .
Plupuoa1 f<lI'the followiDa UDit prices tl>wit
BID NO: 47~1
DA-m: l1li1"1
anOPMlAMlIUaI
..
-.0 Me...,...
.-~IOR
IOVIII-AQI IJUIIK 1la1'OIIA'IION AND
DOIANCDIINT nomcr\a'---"G)
ary or MIAMI_ACII
PROPOSAL PAGE 2 Of 5
This bid sbaIl iDcIude COIlS fer ji.,1.:.I.:... to tbe Cily Ill.....;.!, "'I.,..~i(.1DII.,1'I'P6eI1IId fer aD COlt
iDcuIred in 000".1.4>.'1 tbe wuIc, mum,. w-n.n.w. of aD IIIIIaiaIs, "".:....- IDII suppIics tilmidwl.
ClOIDpIde in place IDII rady fer .....m.-t service, m.,hwfirla aD IiHI wade ID11I1estiIIg, aD otber labor,
permit fees, taxes, iDsurm:e, m;~lan...oJS costs, O'o...h...d IDII profit.
The Coolractor shaD be SabItutIaIly Completed with tile Work tItIrty (30) CIIeacIar days after tbe
date wba1 tbe Cama Tillie" ....-. H to run _ pIOYided in pm'IIInpIa 13 artbe Geacnl ~.
aod completed IDII rally for lIDal..ymat wIddD forty-llYe (4S) elleDClar days after tbe dale wba1
tbe <AaIraa Tillie ~.... .~. es 10 run.
I.....n Sam
~0
sllll77 '::.-
S€lie...,-\j OM..
~U~ _~ Se.re." "",~9.. ~...eJrt Se~
Writlm Amotmt
Note: The above submitIaI Lmnp Sum bid, ...-;.... of tbe supply and m-Ibtritwt of 7$57 linear tl of
bo1lard & rope fc:ocing lIIId 15,423 linear tl of "SIIOW-type" feocing (+ I SO linear tl)
SJ100kI we, tbe .............., be IeqUired 10 supply aod insIaI1l11CR lban tbe additioaal SO linear tl of each
of tbe above specified fc:ocing .
We the CODtnctor IIIbmlt tile loIowlllc per Iaar it. S
3~
per IIriar ft.
am NO: 47-l1li1
DATE: '"1"1
an'OI'MIAMI K&OI
5
-.--.....,....
8IDnoros.u. lOa
8OVI'B B&.\CB IIIONK IlII1'ORATION AND
ENIWICIMDn'I'IIOmCT (nNCING)
ary f1IlGAMI-&OI
fIIOIOIALPAGE 3 OW 5
ADDE~ -\CIQilOWl.pmmn'
DATED S1GNAroRE OF PERSON SIGNING aID
NC~
ADDENDUM
No.
No.
Bidder aa:qllS all of1be terms IIId \),..,tit;.... ofdle BiddiDg nrv......... iDcludiDg widxU 1:...:,,,,:.-... tbaie
deaIiIIg wilh 1be di,....;I:"O of1be Pk~ <:iuaIady.
In submittins tbis Pkupu6ll1, Bidder maIa:s all ,~.....I.f~lIIS ~ by 1be IDslructiClIIs to Bidders lIIId
fiII1her wamlIIIs IIId ''"i'' ~~ that
a. Bidder bas .........m-l copies of aIl1be Bidding nrv......... 1be Notice 10 GdI........, 1be Proposal
Requimnmts IIId Cooditioos, lIIId 1be foI1owing ..~ (receipt of all which is beRby
acknowledged):
b. Bidder bas fiuniliarized itselfwilh 1be IIlIIIIIe lIIId CllIieIll of1be CooIract nnr._. Work Site,
Locality, IIId all Local Conditions lIIId Laws lIIId ReguIaIioos !bat in any .....n..... may affca c:ost,
progl'eSS, pc:fuuua..c.e, or furni"";.,g of1be WOIk.
c. Bidder bas slUdied ClRfuI1y all tqlOd5l111d drawings of subsur&ce c:oaditioII5 IIId drawings of
physical CODditi<los which an: idontififl(j in 1be SuprItn.... ~.. j ~ as provided in PaI3gIaph
42 of1be Gco:nI Cooditions, and acoeplS 1be <J-rm~ set forth in PaIagnIph SC-42of1be
Supp.........d...j C.....mtitms of 1be exIaIl of 1be .....hni<-<ol daIa CQI1bIinM in such tqlOd5 lIIId
drawings upon wbich Bidder is eDided III rely.
d. Bidder bas 01;6.:."'" IIId carefully sllJdied (or _- .. 'I"....'!,ijjjy _ .h..:.~... aI carelWly
-~\ all-........ .. . .. ~ -....-..:- (i '4"
-7..., 3UOI1.._.........~, m.."....lftI\~-..., teals.......... m". "..1o<<to
supplcmaJl dIlIfle ,.:(e.,.,d 10 in (b) abcM) which pcrllIin 10 1be SlDsurfice or physical ~...
al1be * or Olbawise may afIilct 1be CXIII, JlI'OJp......1"'" fl. ..-.. e or Ii-.~.~.. of1be Wodt at1be
CooIract Price, wiIbin 1be CooIract TIIIIII aI ill ........~ wIIb 1be IlCbar terms and o-Gri. .'" of
1be COIIIIal:t nrv.~ iDchvling or ;r-ny 1be t-""isioas of r.._~ 42 of 1be GeaalII
C ,.~ -..I ...... I .. . .. expIoI' ":-""1-
~:... DO" .~......... .._.....~-~ ~~ .......... rqatI or lIIUIIIaI
iDfiwonSItinn or daIa 1ft or wiD be ,""';'..1 by Bidder _ such IUJlOlICL
BID NO: 47.el1111
DATI: ''''1111
atYorMlAMlIEACll
,
am.... ..,....
- _I'IIIDI\OIAL lOll
IOU'I'B -AC1I DlJNK ItUIOaATICJIIf AND
INIIANCDIDITnoJICI'(nNCDIG)
ClIY OP......MI RACII
PAGlt40PS
e. Bidcia'''' miend. d- LteJ 111...-......:.... cilia IbowD or..oIl . , ill !be c:c...:t
rw._ wiIh tapeCtto eoi":..1.Jl4...--d FICiJiIies .or~""'1lI 1be me IIIll p--
,~~~ihility b tbe -......ua. ~ JIt:':", of Slid 1JDdI:rpouDd p.,.,.1iIi. No Mr.~:.:.vW" ..:.~,
im-ri~. ........... tats, tqJCXtS or similar intl.......:... or dIIa in tapeet of said
1JDdI:rpouDd F...jlftoo an: or will be ~ by Bidder ill 0Idlr III i""fi..u. Ibmish 1be W<u
at 1be CmInIct Price, witbin 1be c:c...:t TIlDe IIId ill ~....... with 1be olb<< lIemIs IIId
c:mditiaos orlbe Ccmact rw.~ iacludiDs ~m.1ly lbe pnMsiClIIs ofPa&..~ 43 of1be
GaIalII ~
( Bidder bas 00Ir . . i 1be rauIIs of aD such obee..1DcIIs. e,.-...:...6..'" ~ expJ........
tesls, tqJCXtS IIId SIUdies wilh 1be lams IIIll CllIIditic:llll of 1be Camet rw...-
g. Bidder bas gival1be City wriIb:1 DDlice of aD lYW'l~ amn or di.w'1-'- ~ lbat it... disc:oveml
in 1be Cootract rw.-lIIld 1be writIm raolutioo tbaeorby City is "CCqlCabIe 10 Bidder.
SIGNATURE:
sfl~a-,)
FIRM'S NAME (PrInt or Type):
TITLElPRlNTED NAME:
.Ie.)
ADDRESS: \1..0 't ~'-\~ \:l..\lE' ~. ~Q~~e...'I)N I ~L ~,*w3
TELEPHONENUMBER:q'\\-'~~l~l FAX: 'i'-\\- 15~ ~\01
8m NO: 47......
DATE: 1111.".
CJJYOt'MlAMlIEAaI
7
ItID .... .,.....
-.. .....noIOMLJOR
IOVIB .....("'11 DtINIIlIS'I'O&\1ION AND
INIIANCDDNT ftlOIICI' (nNaNG)
aTY OP MIAMIRACB
rItOI'OSAL PAGE SOP S
The 1IIIIIasigtIed fiA1ber... to 1""1bu..1Il r...: 1 "&tIa Wodt", as javyided b ill tbe GeocnIIIId
SI~~'''''i Provisiaos IIId to exeeue tbe .....!wI CaoIraI:I wiIbin till (10)"'''''''''' days Iftertbe_
on wbich tbe Notice of Awmi bas been pven. The 1D:IenigDed Mtber... to O("....--e wodt IIIIdcr
Ibis CooIna witbin _ (7) days foIlowiD& tbe clIIe itwIi. -lOll tbe Notice to Ploceed by tbe City IIId
to SOOsbnri~ny Co., _ tbe Work IIId to tiJIly IIId FmaIly('.o., 1* tbe Work with tbe CODIractTIIIIe
period as ctlpo.l.-l ill tbe ~- The uodersigDed furtb:.r I(lIec5 to ~ asliquidlled ........r for
each lXlIISCCIItM c:aICDdIr day tbat puses after tbe CoIIIIlIct CW"""O;.I C -.,,Io:Qoo dale tbat tbe Work
is not su......ri.11y (~)h,h.: ',1IId fur each CODSeCUIive caJ-W day tbat ~ after tbe C<IIIInIct Filial
~ dale tbat tbe Work is not ampIded IIId R8dy for fiDal ~ tbe ............. ofl~1itIatM
...... F' beiDg as otlpo'~ ill tbe Ar-- The \IIIIIersipIld fiA1ber... to fumish $I~ IIId
...,;c&mwy bood ill tbe sum of not less !ban (100"-") ooe-bI.IoIhd peIIZd of tbe ..dl.-.t price oftbe wodt.
The IIIldersigDed fiA1ber ap:es ID bear full cost of "",;..I.;..;,'ll all 'MlIk IDil tbe finalIM:Gq.l>.,. -e, as
provided in tbe GeoeraI Provisioos.
A/:l(h.III'''uying this 1'l0p0Sll is a Bid Bood made payable to tbe City of Miami Beach, F10rida in tbe sum
of
~%
Dollars $
~~ of"
. ,
1\ 117-==--
I
ck ~l~
Bid Bood is to be f\...feibi as Iicp~ ,..... .... if; in case Ibis I'l..,......d is ,.. ~"'l !be UIIlIasigoIld sbaIl
~=~,~'~=~;&~::
Address \ 1.0'\ "'=\lc~ f\v'l::,~. ~Q.M)e..~... I~~ ~~1..W
ie1ephooe Number q,,"\-I.5I.,_~1 do,
81D NO: 4'74M1 alYOF MlAMlIUCII
DAU:IIII.II1 .
lmDi
. -- d ..- r..!.. ....... d....
"-- ....... . 11 h-__.-.....- -1"'-
. -, .
.,.... .....
. Jlea.. ...1- -
- "\...--....
,...._.ll!.. 'tD1beMa)wIllllCtyO-._.' . ..af...CtyafMilmi BeK.b,FbidI:
By u.s.Q\ ~,e:~L 'it...:.c..E eo.
Princ:ipalOftice \1...D'1 I..lr"- ~ ~\Ie. t: 'e~~~e."''ON ~L ~,",,1..a3
How many yan bu )'OUr ...v..:....~ been in h..n..- IS a Geuaal Udl.... UDder )'OUr pIaeut
busiDess name? _~ n1'-
Does )'OUr cq;mmrinn haw amD CXI:'~ Iiceases -ntIirlg it to do the \\Uk '" onlh.,.wted in Ibis
Contract? ~
SCale of Florida OOOIJIlIQ,""'IIic:eose. slate type and IIUIIIber: <:.. Qt.. -0 \10 \., ~
Dade CouIIty certificate of (.00'''''' -'1. slate type IIId mnnhf!r, '"
City of Miami Bead11V'n'l....~:m11ic:eose - Slate type and number: ~
Include copies of above I~ and catifb.... with I"~
How many yean apelieoce in similar \\Uk bas )'OUr cqpni...w... bad?
(A) As a GeoeraI Contractor
(8) As a Sub..cmtractor '30 + :R , ' ''-
(C) What....uh....bbas)'OUrorg;mi...rioa~ _ Ar-o..~...\.. Si\W o~ I..,L"4JC,COO ~
Contract AmI C1..... of Work When {'.nmnlefed N~Address ofOwDer
Have yoo _ bad a CXlIIIraC:t amw-...l (as prime ...dl..... or ~...., UDder ""iotit1g ("''-'1'
oame or ~ ~o,,_"j DIIDe) cb: to IitiltR 10 ~ with ...dl...cwI
specificatioos? N J (:)..
I
If so, where and why?
N./'iT
Has any ofIicer or.-mer ,your ........:....~.. _ &iJed 10 --.l~ a alIIIIIUttioa~...t hmd1ed in
his own oame? ~ f\-
.mHO: 4''''1
DA'm: l1li1"1
aJ'YOP MlAMlIEACII
,
O'Ill,__oI' ....~_~__~
lawbltakliallof'" ~)'OIl~bd ~ 'ar~~~: ~~I".'3. n.o~AlS.
~e~l _e..) _ "1_<,. 1----"\~
OM ............. to ~~IiN_ e.lbiIity, lad 11....._ iIIa..tAiI,
What eq'~ do >8 own that is avaiJable far tbe I"~ wodt aud wbere loc:aIaf?
~ I,(. "'-oe. <,. J ~ "'J-u", I '" \'\ '""\-ocL.", J ~ '<<-
What BIIlk or Baaks bm you amoged to do ....n-. wiIh cbiog tbe ClllIne oftbe ComaI:t should it be
awarded to you? ~''L'"2.<:)d 100...."'-
~ ~~.
~ ~'" ,~.
Please list tbe names and addresses of tile SIib..uub...!lJo. to be used for tbe porUoos of tile wodt Iistcd
below.
- O",",N
"\=0.-.. c e.s.
----
y
\be aIxM:
are lIUe lIIId correct.
(SEAL)
(SEAL)
am NO: 47.-.1
DATE: l1li1111
aT\' OF:lllAMlIIAaI
II
IOVIII-"'ar DUNK IIISI'OIlATION....
I:NIIANCDIDCT I'IIODCI' (RNaNG)
at'Y OF MIAMI RACB
c-..-..-.......flailhtbe-.& ,1IIll" .....-...~-'....fal. ,. -ualblr(4)&aar
~._..MIt....... ....-.........0.-.... ...- iI..""III.~t I_~..:A..:......... ~11imillr8ViceL
Address
St.~
"71S~'1
e>c~ $ 'S. ~~ Co.:~
~,;A\I.,l4. Q& S~~ ~1..3~HO
\<..aN<;'~~ -~I'lN...;>.,L Cc,..~T
1)
C---,-"'fName
CooIact I'erscDODract 10 mnuIIl
TeIcpboae NlIIDler
'1~\- ~\- \.~\\
Address
~ee.'Y<- CO.....:.~"ctO<LS
\ \ CCt Ol.Jl ~.~,~ \""1 "\ ~~ f"L . 33""S-
f ",l .
ContactPersoor'CoolracA......ml E"~ -S<-""'~\......,:.~ - ~.'5. ~- ~ \3~p::c:::
Te1epbaoe NunM ~ \ ~ - '1 d.. 7 - Y. 5"d..--\
2)
C,-'l!l""yName
3)
Company Name
~"......~~ r::,. F_
~, ~ ~<"'O,v'" \...CN:>,......:..~
4)
Address V 0 Q>.:;... "\-\1::() CU..i~-.....~\S~ 33-7"'5)?
" If v:c.
CooIact Persoor'CooIracArtI()OJltt 3' l't\.('o,.! \-~:\..l..s <:':'\"1 Xl M ti>.c:- ~ l' ,'510 7 ,-
Te1epbaoeNunM Il.i-5b5-b+Ol
C""~'\iNlIIDe C e..... ~'jC - ~."{ ~~~T. c.-:,
1\5\ io~~ ~~ ~c
Address ~ T ~~~'-> 'lh"'J. \=\.. ~ "3" 1-
c.,.......1'erscDODract Io"""lllll c..~v:.k.. bv ~ ..;,.\\, t.~ ~ 70 \ 5U)
T~ NlIIDler ' do. I - \105- ~~ '1
8m NO: .'''1
DAD: 11/11"1
alYMMlAMlIUCII
11
USA STEEL FENCE COMPANY
..-
USA SlU:r. FElCE REPERDlCI!;.C;
Saruota ~le Gatdens
Attn: Rose; 'llnadt
3701 Baysho~e RD
Sarasota, norida 34234
941-355-1112 x 301
Westra Construction Corpocation
1'.0. Box 1149
Palmetto, Florida 34221
941-723-1611
v.c. Mills tnc.
J]Ol Whitfield Ave
Sirasota, F~orida 34243
At tn: Bob ~yers
941-758-6441
Halfacre ConSl1:uction Canpany
7015 1>rofassionlll Pllrlalay Fast
Sarasota, floridQ 34:!40
941-907-9099
E.!I.J. COr]X)ration
Otto Park Pl~ce
6148 Lee 1Iillhvay
Chatt8nooe8~ Tn. 37421
Hc.ArtThonlPSon
423-85S-155d
N.D.C. Construction Company
1001 3rd Ave. Wp.st -
Suite 410
Bradenton, Florida :i4:WS
941-747-1062
Me. Lae Van DeGrift
Beers Const~Jction
5910 Benjamtn C,enter Drive
!8IIlp8, Flor~ 33634
Hl'. Alan Sm1;th
813-885-6606
Jon Soiift Inc.
2221 8th Street
Sarasota, Florida 34237
941-951-6100
Mr. Joe Aycock
Floe icI;) LOIO''O'''' :J 8'''''''''''''' l~'} 7~C 8/~1 r... (!l") 753-2109 1709 .....0. Avo:nuO. Cast 3>C'03.311'~
:J Cibsonton 181~) 677.4411 r... (813) 671.3211 11201 Swth US. 4t 33534.474'
J lakotai'd 1863) G6~t-3.1' ~ r.. (&53) 667"921 .93Il1.!lh_Y 92 [;)$1 3380' .9426
'J EI1lI'- (941J fjg7-3:\4~ r.. ~1) 697-n15 2ll8O _oda I10acl 3<n<.~3D
..J SI. I'1nCtSllll'll tnn 3':4-4.:\64 r... (121) 32,.8187 , ,,,~ ).4m Stf~t SOUII"t 33711-22211
S:O'd
50tZ E9L t~5
3~N3~ '33~S vsn VSE'oi to-~z-6nv
AGREEMENT
THIS AGREEMENT made this 5 day of September 20~ A.D. between the CITY
OF MIAMI BEACH, a Florida municipal COlpOllIlion, hereinafter called the City, which lem1 shall include
its successors and assigns, party of the one part, and
Usa Steel Fence Co.
1209 44th Ave. E. Bradenton, Fl 34203
hereinafter called the Contractor, which lem1 shall include its heirs, successors and assigns, party of the
other part.
WITNESSEm that the said Contractor for the consideration and compensation herein agreed to be paid
and the said City in consideration of the construction of improvements to be done by said Contractor and
designated" SOUTH BEACH DUNE RESTORATION AND ENHANCEMENT PROJECT
(FENCING)" by said City, do hereby mutually agree as follows:
I. This Agreemen1 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 he 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 Conunission of said City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the
Contract Docwnents and such alterations as may be made in said Plans and Specifications as
therein provided for, are hereby referred to and made a part of this Agreement and the tenns 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
thaI part of the matter in direct conflict herewith shall not be construed to be a part hereof.
3. The Contractor shall conunence work within seven (7) days of the Notice to Proceed and shall
construct and complete in a good and workmanlike manner the materia1s herein referred to, strictly
in accord herewith the following:
3.1 The Contractor shall be Substantially Completed with the Work within tbirty (30)
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 forty-five (45)
calendar days after the date when the Contract Time commences to run.
BID NO: 47-00/01
DATE: 08101101
CITY OF M1AM1 BEACH
U
3.2 Damages - City and Contractor recognize that the City will suffer direct financial10ss if
Work is not completed within the Con1racl times specified in paragraph 3.1 above (m-
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 aIbitration proceeding the actua1
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 Conlractor agrees to forfeit and
pay Owner as liquidated damages for delay (but not as a penalty) the amount of
Two Hundred Dollars ($200.00) for each calendar day that expires after the
Contract Time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion if Contractor shall neg1ea,
refuse, or fuil to complete the remaining Work within the Con1racl Time, Contractor shall
pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after
the time specified in Paragraph 3.1 for completion and readiness for final payment.
These amoWlts represent a reasonable estimate of Owner s expenses for extended delays
and for inspection, engineering services and administraIive rosts associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessaIy to the execution and
completion of the Wotlc, 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 Con1raclor with reference to the meaning or
requirements of any part of this Con1racl 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 worlananlike
manner within the time herein specified and in accord herewith, the said City shall pay to the
Contractor the contract sum in accordance with the Conditions of the Contract. The City, by
allowing Contractor to continue with said construction after the time for its completion herein befm:
stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall
i1 operate to alter any other tenn of this Agreement
7. The Contractor shall file with the Procun:ment Director of said City of Miami Beach a PerfotmaIn:
and Labor and Material Paymen1 Bond, each in the amoWlt of 100 percent of Contract Amount,
in the form as set forth herein or as othetwise approved by the City of Miami Beach City Attorney
and shall be executed by said Contractor and Surety Agent authorized to do business in the Stile
of Florida.
BID NO: 47-00101
DATE: 08/01101
COY OF MIAMI BEACH
13
City of Miami Beach - City Clerk's Office
September 5, 2001/ CONSENT AGENDA / C2 - Competitive Bid Reports
C2A Request For Approval To Award A Contract To USA Steel Fence Company, In The
Amount Of $71,777, Pursuant To Bid No. 47-00101, For The Replacement Of The Rope &
Bollard And Sand Fencing Along The Dune In The South Beach Area.
(Public Works)
ACTION: Contract awarded. Fred Beckmann to handle.
Date Printed: 10/24/2001 Time Printed: 09:03:45 AM
Source Database: F:\CLER\COMMON\FOLlO\Clerk122.nfo
8. The ConlIactor sha1l file Insurance Certificates, as required, and they must be signed by a
Registered Insumnce Agent licensed in the State of Florida and approved by the City of Miami
Beach Risk Manager.
9. All documents sha1l be executed satisfactorily to said City and until Bonds and Insumnce
Certificates have been filed and approved, this Contmct Agreemen1 sha1l not be effective.
10. Owner sha1l pay Con1ractor for perfonnance of the WOIk in accordance with the Con1ract
Documents in cummt funds at the lump sum or unit prire; pn:sented in the Bid Proposa1, 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:
$
71.777
II. The Contract Documents which comprise the entire Agreement between City and Contractor are
attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Cle1k of the City of
Miami Beach and the said Contractor has caused this Agreemen1 to be signed i1 its name.
--
(1A rblc-p-
Contracto
-..-- .
BEACH
(SEAL)
orporate Ofticer)
By
Mayor
ATTEST:
~r~
City Clerk
BID NO: 47-00/01
DATE: 08/01101
APPfIOVED AS TO
COYOFMlAMtBEActlfORM & LANGUAGI
14 .FQ~EXECUTION
~~'I
. '
,.. ~ 1.4
PERFORMANCE BOND # K06666619
('Ibis.bond meet! and exceeds the requirement< rlr ~lorid.a SIalutes Section 2SS.OS)
ST A'fE OF FLORIDA )
55
COUNTY OFHi 11 s~orough
KNOW AU. MEN BY llIESE PRESENTS that we, USA Steel Fence Company
a3 PI Lll\;ipal, hereinafter called Contn\(:tor. and
Indemnitv Insurance Company of North America 3.< Surety, are firmly bound Imta the City of Miami Beach.
Florida. as Obiigee, hereinafter called the City, in the Penal sum of ...:!:::... Dollars
($ 71 ,777 . 00), for the payment of which sum well and llUIy III be made, wc bind ourselves, our heirs,
executors, adminis1ratolS, su<ussors and assigns, jointly and sever.illy, fmnly by these prc:sents.
"Seventy One Thousand Seven Hundred Seventy Seven and 00/100----
WHE1U:A.'\. ..nn/Tactor, on the _ day of .20---, entered into a certain contract
with the City, hereto anaehed, for BID NO. 47-00/01, Entitled, " SOUTH BEACH DUNE
RESTORATION AND ENHANCEMENT PROJEct (FENCING) " which Contract is made a part
hen:ofby reference thereto.
NOW, THEREFORE, TIlE CONDITION OF THIS OBLlGA TlON IS SUCH, thaI, iflhe
Cont",,,rnr shall ,"""II :and tnJJy pcrfonn and ful1i1l alllhe undenaIcings, covenants, tenns, conditions and
agreements of said Contract, and all duly authorized modifications of said Contract that may hereatb:r be
made, notice of which modifications to the Surety being h~-reby w-dived, then this ohligation shalllx: void;
otherwise to n:main in full force and elf......'!.
WHENEVER the Principal shall be and L< Il<.:cJared by the City to be in default under the Conlrncl,
or wh~."""",. rh" COt'llr.lCt h."IS been l<:rTT1inalal by .xf"ull of the ContraclOr, the City having perfonner.! the
Cil)1'S obligations th=t.lcr, the Surety shall:
I. Complcte the Conlrnct in aCcordance with ils terms and conditions, or at the City's sole
option.
r
2. Obtain a Bid or Bids for ~-ubmis:;ion to the Cil)1 fur completinglhe ('.onlnlct in 3<COnlau<:c
with its terms aDd condition.>;, and upon detennination by the City and the SUIety of the:
lowest responsible Bidder. arrnnge for a Conlr.lct between such Bidder and the City, and
make availablc as Work prl!gt15SCS (cven though then: should be a default or a succession
of defaults under the Conmt:t 61' Contracts of completion arranged under this paragraph)
suffieient funds to pay the coo of completion less the baIaro.:e ofthc CQrltr81.:t price; but DOt
exccedins. including other 00513 and Uall~ for wbicl1 tile SuIdy may be liable hetcundcr,
the amount set forth in the first parogJaph hereof. The term "balance of the Contract price"
:IS user.! in this paragraph, shall mean the tclai amount payablc by lhe City to tbc ConIr.Ictor
under the Conltact and any amendments thereto, less the amolmt properly paid by the City
to thc Conttactor.
Nn right of action shall ace"", on thi:s Dond lu Q[ [or the use of arty pelliOn or corporation other
than thc City namer.! herein or the SlIC<<'SWrs or a.<signecs thcn:of.
BID NO: ~7-OO/OI CIT'I OFMIAMJ BEACH
DATE: 08/01/01 IS
c-
The Surety sball and does hereby ll8l= to in<k:mnify the City and hold it hannless of, from and
against any and all liability, loss, cost, damage or expense, including n:asonable attorneys fees, M1gj......".jng
and archilcclural fees or other professiooal services which the City may incur or which may acaue at be
imposed upon it by xeason of any ncgIigence, default, .....1 and/or omission on the part of the Contractor, any
SubconuacwT and ConlT..clOr'S or Subconlrdctu'" agent:;, :;<.-rvants and/or employees, in, aboul or un
account oflhe ConstrUCtion of the work and performance of said Contract by the C'.onttaClor.
This Bond shall remain in full force and effect, for ruch period or periods of time aikr the date of
acceptance pf me project by the City as arc provided for in the Contract Documents, and the C'.ontraCtor
hereby guarantees to repair or replace for the said periods all worlt performed and malcrials and equipment
furnished, which were not performed or furnished according to the ternIS of me Conlr.....1 Documents. If
no specific periods of warranty arc stated in the Contract Documents for any particular item of worlc,
material or ""uipment, me ContraCtOr hereby guarantees the same for a minimum pc:riod of une:: (I) year
from the daic of final acceptance by the City of the entire projecl.
Any suit on this bond must be instituted within such period or periods as may be provided by law.
'.
~
BID NO: 47-00/01
DATE: 08/01/01
an' Ot' MIAMI BEACH
16
IN WITNESS WHEREOF, the above 'oow1.ded parties !lave caused this Bond to be executed by their
appropriate officials of the 19th day of September . 2001
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Pirm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (U Corporation)
_USA St~e.l-fe~
-----
(C;:-orporate
~~(~)--~ / )
Anes~ ~___
(Secretary)
(CORrORATE SEAL)
COUNTERSIGNED BY
RES1DE~T FLORIDA
AGENT OF SURETY:
SUREIT:
'.
..
C:~~Q-(),/-_
(Copy of ent's current ~
Ucense ... ie.ued hy St:lte
or Florida IllsuranCll
Commissioner
Evelyn D Rogers
]ndemnity Insurance Comoanv of Nor~-America
By:
(Power of Attorney mllst be attached)
Bin NO: 47-1\0101
DATE: 08101101
an' OF MIAMI B!!:ACH
17
"-
CERTlFlCATES AS TO CORPORATE PRINCIPAL
[, R\c.~ ~coh.~ . certify that r am lhe Secn:tary of the Corporation Damed as Principal in
the foregoing bond: that 0\.5 ~f!>lNi>'" ~j,)(.J who signed the said bond on behalf of the Principal, was
then Q ~1' ~~ of said Corporation; that I know his signature, and his signalLn hereto is
genuine: aNi that said bond was duly signed, sealed, and uaestal for and in behalf of said C.orporation by authority
of its governing body.
~corporalC
-
Secretary Seal
STATE Of FLORIDA)
55
COUNTY OF )
Bet,)re me, a Notary Public. duly commissioned, qualified and acting, pernonaUy appe3red
Q,\U,~ Bi;>--,-kf}.~ 10 me well known. who being by me first duly sworn upon oath, .'>ays that he
is the Attomey-in-Fac1, for the US\\- S'\;:el ~ La. and that he has be~'tl authoriz~'d by
~\. S"''''''''':~' 'G{."I;.jOI...J) ~'i':S. 10 execute the foregoing bond on behalf of the Conl1actor named therein
in favor of the City of Miami &ach, Florida. tb
Subscribed and sworn before me this d-..<O day of ~~'c.v- . 2~ A.D.
(Attach PoW~'1' of Attorney)
~----.....
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'" '. - NoWy Pub~
. State of Florida-at-Large
OFFICIAL SEAL ~
BRENDA PERRY
Notary Publlc 5lala of Flortd.
Comml$Slon # CC 860161
Comm. . Au .15,2003
My Commission Eltpi=: ~\ \"?, \<::>2>
BID NO: 41-00101
DATE: 08101101
crrv OF MIAMI BIUt.CB
11
LAJlOA AND MATJl:RlAL PAYMENT BOND # K06666619
(SEcrION Z55.OS, FLA. SI'AT.)
BY THJS BOND. We. USA Steel Fence Company . a.~ Principal, and
Indemni ty Insurance Company of North Ameri caas corporation, as Surety. are bound to the CilY of Miami Beach, Florida..
_ . ,. Seventy One Thousand Seven Hundred Seventy Seven and 00/100---
as obligee, nc:rcm called CIty, m the sum of S for the ~yment of which we
bind ourselves, our heirs, personal n:p=tatives, successors and assigns, jointly and 5Cverally.
($71,777.00)
THE CONDiTiON OF TIns BOND is that if Principal:
~mptly makes payments to all claimants, as defined in Section 255.05 (I), Fla. Statute., supplying
Principal with labor, materials, or supplies. used di=t.ly or indirectly by PriI1Cipal in the prosecution of the
work provided for in the contIacI; and
Pay~ City all losses, damages, expenses. COSL>;, and a1tom:y's fees, including appellate proceedings, that
the City sustains in eru= of this bond
Perfom1.~ the go<lrJilloc of all labor and materials furnished under tho: COt1tr.lCI f(lr the time specified in tho:
COlltraCI, then lIlis bond is void, otherwise it remains in full f=.
Any changes in or under the contract dOl:um(.'nIS ami compliance or noncompliance with any formalities
connected with the contra(:1 or the changes does not affect Surety's obligation under lhis bond.
The provisions of Section 255.05, Fla. Statute, arc specifically adopted by reference and made a part
hereof for the puxposcs specified thc:~in.
. ~
The contract dated ~1 ' I<\-, LO-l, between the City and Principal is made a part of this Bond by
reference.
Claimants arc advised that Section 255.05, F1a. Statute, contains nolla: and lime limitation provisions
which lJ1IlSl. be strictly complied with.
;;,
BID NO: 47.00/01
DAlE: 08101/01
em Ot" MIAMI BEACII
I'
~... .u.~OF, the above bounded partics ha..... caU3Cd this Bond to be executed by their
oq>propriatcoftic:lals o(the 1Qt~ day of September .20 01 .
WITNESS;
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
~ ,~
,.,f,.~ ~\ '-?orr~
(Copy of gent's curn'nt,
Uc:ense as issued by State
of i10rida Insurance
Commissioner
Evelyn 0 Rogers
BID NO: 47-00/01
-DATE: 08101/01
PRlNLlJ'AL:
(If sole Proprietor or parlllel'Ship)
(Finn Name)
BY
Title: (Sole Proprietor or Partller)
PRINCIPAL (lfCorporatioo)
/-"
/ . . USA S.teel Fence Como"nv
( (Corporate Name)
.~W ~
Attest: . ~
p- .-.".'--
(Secretary)
(CORPORATE SEAL)
SURETY:
~~ \
Indemnitv In''lIrrtnrp rf'lmp::rony nf' MQ....th .America
By:
C=:'.L~ ,<:::.\ Q~,,"~
Atto&Y-in-fact Ev;r'tn D Rogers
(Power of Attorney must be atUch"d)
CI1Y OF' M1AM1 BEACH
10
Notarv AcknowledGements
Individual
State of
Coun1;y of
On this
, 20_, before me personally appeared
to me known and known to me to be
the person described in and who executed the foregoing instrument, and he thereupon duiy
acknowledged to me that he executed the same.
day of
Notaty Public
ConJOnlte
State of
County of
On this
, 20_, before me personally appeared
to me known, who being duly sworn;
did depose and say that he resided in the and that he is
the of , the
Corporation described in and which executed the foregoing instrument; that he knew the seal of said
Corporation; that the seal affIXed to said instrument was such Corporate seal; that it was affIXed by
order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
day of
Notaty Public
Suretv
'.
~
State of Florida
County of Hillsborough " b
On this 1 ~ t-l--- day of ..se.f~. "1~ ,2001, before me personally appeared Evelyu D.
Rogers, who being by me duly sworn, did depose and say that she resided in the City of Tampa,
Florida and that she is the Attorney-in-fact of Indemnity Insurance Company of North America,
the Surety described in and which executed the foregoing instrument; that she knew the seal of the
said Surety; that the seal affixed to said instrument was such surety seal; that it was affIXed by order of
the Board ~f Directors of said Surety and that Sh~gned her n~ec th~er.
/...~ ' Notaty Public
- Dlna Marinaro
~ Pubftc . State of Florida
I Q... .r-',.. t CC 788833
: Expires ~1 12112002
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
897443
Power of
A Uorney
Know all men by 1hese presents: That INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, a co<porat;onofthe Commonwealth of
Pennsylvania ,,-having its principal office ht the City of Phi ladet phi a , Penns.ylvania, pursuant to [he following Re~olution, adopted bytb~Board o-f-Oire:.ctors o-~
the said Company on December 5,1983,. to wit: .
~RESOLVED, Tbalpu!'$Wm( to Artides 3 18 and S I ofthC By"Laws, the following Rules shall govern the e~ee,,"i()n forlhe coritpan}" of bondt. 'iano:Jrriakfugs, nicogninnccs. contractS all,d;\lther w"rini! in~ natur~
thereof: ,," :. --',
That the President. any Senior Vice Praidmt; any Vice J>resideill. and Auislafll Vice'President, or any AttorTte:y-tn-Fatt.: may 'execute for at1dOf! behiil.:r ofthe Company any ,~d all 00II&.: undmakint;; f~zanccs;
contracts and other writings intbe nalUfethereof, Ihe~ to be attcsted whmoecessary by the CorporateSeeretary, or any AsSI$Wl1 Corponue Secretary, and the seal oflheC~y affixed Ihereto;'atl~ that the
President, any Senior Vke President, any Vice l'tesidcn1 OF any ^i>Sistant Vice ,~re~<kn~ may appoint arid authorize ltI1.y other Officer (elected ~,appointed) oftfie Company, ant AttoIT\<:)'5-ln-Fact 10 so ex,el:UIC:or_
altestto Ihe ~ecurionofaIl such wnlings on bdtiilf of the Company andto:affix thc,eal of the Company th<:reto_ - ,,-' -
Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary,
The signature of the President, or a Senior Vice President, or a Vke President, or an Assistant Vice President and the seal oftbc Company may be affilled by facsimile on any power of attorney granted pursuant to this
Resolution, and the signature or iu:ertifyillg Officer and ~ $Cal oflhe Company may be affi~dby_ facsimile"to any ccnifieare _~fany such power, and any_such power Of tCTtificalc bcaril:llsw:h CaI:!lirnile lill!~t~ ~
~alshaU_l?Civalilhilidbin~ingon_th~J:oJ1lpany .' _:, "__' _ :::-.,_,,- ,:"'-', ,,:: _ ',', '_:>'__,:,,, :- ,-,'_c," '_",::-, /::':'0"":' ',":"_' :):,:':-:'-'-' -:'\'_-,: :-::-:::-"-"_<,,':, __/,::':o<'''---'--''-:''.::'Tc';:--:,_ ,;:-,.:-...-",,::
S,uch Other omc~ ofw_COIIlpany, ~d Att,omeys~~I1.Facl ,hall have authority ~ i:eftiry Of_verify C'ople5 '~tthis RdOIUt1on, the By~Laws ()f~hc Conlpll/ly, an~ any affidavitMr~ o(tlle(,on)pIiit~:~el:~ lo,,!he
~SCMrge(:jftheir-:i1\Ilics. '_ ": - ' ,'_:'::, _, ,:_-: _',::", , -,,:"_, _:: _ '.- - '-_:',', -. ::_, "'-:, _ ',::'-", ,', '--:,-, ___:'-': :',:,-::'- -:-,'i ,0:, C' '::::', /::,,-- : __,,--' - >::.:.: 'i'
(S) The passaie of this R~U1ion does n~rcvokc any earli<< authority grante,d bY R:e$olutions of the 'Boai4!<lf[)lrcctott ado~ed on}une~. ,1_953;.May 28, 19-75, ~~ Mardi 23,):971'"
does hereby nominate, constitute and appoint EVELYN D. ROGERS and SHARON L. DAUGHERTY both of the City of Tampa, State of
Florida. each jml,ividual1y if there be mon; ,than one named, i~_ trUe and lawful attomey.in-fact;to make, execute_. se_al and deli.ieronits_,~~alf.:aIld_~s'Ats
act and deed any and all bonds, undertakings. recognizances.--contracts and other writings in the nature thereof in. penalties not exce&Hng -.Two Million
Five Hundred Thousand Dollars ($2.500,000) and the execution of such writings in pursuance of these presents shall be as binding upon said Company, as
fully and amply as if they had been duly executed and ackowledged by the regularly elected officers of the Company at its ~rincipal office.
IN WITNESS WHEREOF. the said William Jungreis , Vice~President, has' hereuntci'_subsc"-~ed hi,s I}a-me and affixed the corporate:~at _orthe saW
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 5th day of May 2000.
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
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William Jungreis , Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA so, '
On ihis 5th day of May ,A.D. 2000, before 'me, a NotarY'Public of the Commonwealth of Pennsylvania in and for the County ofPhi1addphia came
William Jungreis. VicewPresident of the INDEMNITY: INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the: individual
and oflicer who executed the preceding instrument, and he acknowledged ,that he executed the same, and that tll( seal affixed to the preceding instrl!ment
is the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said
corporation, and that Resolution, adopted by the Board Of Directors of said Company. referred to in the preceding instrument, is now in forct.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officral seal at the City of Philadelphia the day and yea. first above
written.
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NOTARIAL SEAL
Kathleen Tlrri, Notary Public
Philadelphia City. Philadelphia County
My commlsskln expires Sw. 22. 2003
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Notary Public
J, the undersigned Secretary ofINDEMNITY INSURAt~CE COMPANY OFNORTH ^-MERICA. do hereby certify that the oRgini\! POWER
OF ATTORNEY, of which the foregoing is a substantially true 8tld correct copy. is in fult force and effect. ,_ , , '::' -':_'_' ,:-:,' ,,- ~_::'-':':
In witness whereof. I have he,eunto subscribed my name as Secretary, and afftxed the rorporate seal of the Corporation, tbls _ J S day o~
5, n~6--... d-OC'. -
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THIS !'OWER OF A TIORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May S, 2002 .
NOr'v ALID UNLESS PRINTED ON TEAL BACKGROUND
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IEVELYN DELOR~S ROGE~S
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i Gen. Li/)2S (Prep. & Cas. Ins.)
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON ,THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COYERAGE
PRODUceR
DES CHAMPS &
1812 MANATEE
POBOX 1101
BRADENTON FLORID
GREGORY, INC.
AVENUE WEST
34206-1101
COMPANY
A
HANOVER INSURANCE CO
.........
USA STEEL FENCE COMPANY
COMPANY
B
OHIO CASUALTY INSURANCE CO
1209 44TH AVE EAST
BRADENTON FL 34203
COMPANY
C
ASSOCIATED INDUSTRIES INS SVC
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
Lm
TYPE OF _URANCE
POUCY NUMBER
POLICY EFFEcnYE POUCY EXPIRATION
DATE (IIMlDDIYY) DATE (IIMIDDIYY)
UMIJS
AUTOMOR.E LIAIIR.ITY
X ANY AUTO
~ All. OWNED AUTOS
00' SCHEDULED AUTOS
X HIRED AUTOS
: X NON..QWNED AUTOS
AZJ5897077
2/21/01
2/21/02 ,GENERAL AGGREGATE .2 000, 000
I PRO~UCTS . COMPIOP AGGI $2 000 I 000
PERSONAL & ADV INJURY 1.1, 000 000
EACH OCCURRENCE .1 0 0 0 , 0 0 0
FlRE DAMAGE (Any one IN)' 10 0 , 0 0 0
MED EXP (Any ono _I' 5 0 0 0
2/21/02 ! 1,000,000
COMBINED SINGLE LIMIT i $2 , 000 , 000
G......... LWIIJTY
ZZJ5765837
2/21/01
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 00 OCCUR.
OWNER'S &. CONTRACTOR'S PROT
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BODILY INJURY
(Per accident)
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BODILY INJURY
, (Per person)
PROPERTY DAMAGE
.
c
2011325864
1/09/01
1/09/02
AUTO ONLY - EA. ACCIDENT, S
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OTHER THAN AUTO ONLY: !
EACH ACCIDENT ~ S
AGGREGATE ' $
EACH OCCURRENCE 1.5 000 000
AGGREGATE i $
:$
X TORY L~#S ER-I
QARAQE UABLJTY
ANY AUTO
I!XCUS LWIIJTY
I X UMBREllA FORM
OTHER THAN UMBREUA FORM
WORKERS COIIPENSAnoN AND
! EMPLOYERS' LWNLn'Y
IBX00252548328
2/21/01
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2/21/02
,
I THE: PROPRIETORf
! PARTNERSlEXECUTlVE
; OFFICERS ARE:
, 01HER
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dlNCL
'X'EXCl
EL EACH ACCIDENT . 5 0 0 0 0 0
I EL DISEASE-POLICY LIMIT i S 5 0 0 0 0 0
: EL DISEASE-EA. EMPLOYEE i $ 5 0 0 , 0 0 0
DESCRPnON-OP 0PERA1IONS.1..0CA11ONSNEHlCLESlSPECIAL nEIIS
BOLLARD & ROPE 7857 LINEAR FEET.LUMMUS PARK FROM SO PT. PARK NO TO 15 ST.
SNOW-TYPE 15423 LINEAR FT. LUMMUS PARK FROM 8TH ST. SOUTH TO SOUTH POINTE PARK
CITY OF MIAMI IS NAMED AS ADDITION INSURED WITH RESPECT TO GENERAL LIABILITY.
CITY OF MIAMI PUBLIC WORKS
ENVIRONMENTAL DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI FL 33139
SHOULD ANY OF TtE ABOVE DESCRIBED POUClE$ BE CANCEI.LBJ BEFORE TlE.
EXPWlATlON DATE THEREOF, TtE ISSUtiG COMPANY WLL I!NDEAVOR TO MAIL
.l.Q...... DAYS WRITTEN NOncE TO TIE ~TE tfOlDER NAilED TO THE LEFT,
BUT FALURE TO MAL SUCH NOnCE SHALL. .POSE NO 0IJUQA11OM OR UABIIJTY
OF ANY KRrID UPON THE COMPANY, rrs AGENTS OR REPRESENTATlVES_
AUTHORIZED REPRESENTATIVE
INSURANCE REOUIREMENTS
See Insurnnce 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 sha1l 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
operntion under the contract or in connection with the work. II 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 w1der this contract, including extra
work in connection with this project shall meet the following requirements:
i)
il)
ill)
iv)
v)
Vl)
viI)
BID NO: 47-00/01
DATE: 08/01101
Maintain Worker's Compensation and Employer's Uability Insurance to
meet the statutory requirements of the State of Florida.
Maintain Comprehensive General Liability Insurance in amounts prescribed
by the City (see checklist for limits) to protect the contractor in the interest of the
City against all risks of injury to persons (including death) or damage to property
wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage,
products/completed operations and contractual liability.
Maintain Automobile Liability Insurance iWuding Property Damage covering
all owned, non-Qwned or hired automobiles and equipment used in connection with
the work.
Maintain any additional coverage required by the Risk Manager as indicated on the
Insurance Check List.
Name the City of Miami Beach as an additional insured on all liability policies
required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse
the policies to state that the City will not be liable for the payment of any premiums
or assessments.
No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
All insurance policies shall be issued by companies autIvJrizJ:d to do business IDIder
the laws of the State of Florida and these companies must have a rating of at least
B+: VI or better per Best's Key Rating Guide, latest edition.
COY OF MIAMI BEACH
11
viii) Original signed Certificates of Insurance, evidencing such covemge and
endorsements as required herein, shal1 be filed with and approved by the City of
Miami Beach Risk Manager before WOlf<: is started. The certificate must state
Bid Number and Title. Upon expiration of the required insurance, the conttactor
must submi1 updated certificates of insurance for as long a period as any wmK is still
in progress.
ix) It is Wlderstood and agreed that all policies of insurance provided by the contractor
are primary coverage to any insurance or self.insurance the City of Miami Beach
possesses that may apply to a loss resulting from the work perfonned in this
contract.
c) TIx: liability insurance coverage shall extend to and ioclude the following contractual indemnity
and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless 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 amoWlt 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 Wlder the
specifications iocluding costs of investigation, all expenses of litigation, iocluding reasonable attorney fees
and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, servants, or employees, or through the mere existence
of the project Wlder contract. BID NO. 47.00/01 " SOUTH BEACH DUNE RESTORA nON
AND ENHANCEMENT PROJECT (FENCING) " TIx: 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 detennined by a court of competent
jurisdiction.
i.) The conttactor will notify 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 carrier.
it) The conttactor will obtain and maintain contractual liability insurance in adequate limits
for the sole pwpose of protecting the City of Miami Beach under the Hold Harmless
Agreement from any and all claims arising out of this contractual operation.
d) All policies issued to cover the insurance requirements herein shall provide full coverage from
the first dollar of exposure. No deduct:1bles will be allowed in any policies issued on this
contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
BID NO: 47..00/01
DATE: 08/01/0 I
COY OF M1AM1 BEACH
13
e) The contractor will secure and mainlain policies of subcontractors. All po1icies shall be made
available to the City upon demand. Compliance by the coDlractor and all subcontractors with
the foregoing requirements as to canying insumnce and furnishing copies of the insumnce policies
shall not relieve the conlI3ctor and all subcontractors of their liabilities and obIigalions under any
Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the
acts and omissions of the subcontractor and of persons employed by them as be is for acts and
omissions of persons directly employed by him.
f) Insumnce coverage required in these specifications sba II be in force througOOul the cootract tern\.
Should any awanlee fail to provide acceptable evidence of cwrent insurance within seven days
of receipt of written notice at any time during the contract lem1, the City shall have the right to
consider the contract breached and justifying the tennination 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 W1derstood and agreed that the inclusion of more than one insured under these policies sball
DOl restrict the coverage provided by these policies for one insured hereunder with respect to
a liability claim or suit by another insured hereunder or an employee of such other insured and
that with respect to claims against any inswed 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 inswed 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: 47-00/01
DATE: 08101101
COY OF M1AM11lEACH
14
ffiSURANCECHECKL~T
xxx 1.
Workers' Compensation 3Ild Employers Liability per the Statutory limits of the
state of Florida.
xxx 2.
Comprehensive General Liability (cx:cumn:e fonn), 1imits ofliability $1,<XX),(XXl.OO
per 0CClIIIeIICe for bodily injury plope.ty damage to include Premises! Opemtioos;
Products and Completed Operations; Independent Contractors; Broad Form
Property Damage Endorsement and Contractual Indemnity (Hold barmless
endorsement exactly as written in "insurance requirements" of specifications).
xxx 3.
Automobile Lability - $100,000.001$300,000.00 - $50,000.00 each occurrence
- ownedlnon-ownedihired 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 insIred on the liability policies; 3Ild it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7.
Thirty (30) days written cancellation notice required.
xxx 8.
Best's guide rating B+:VI or better,latest edition.
xxx 9.
The certificate must state the bid number and title
BIDDER AND ffiSURANCE AGENT STATEMENT:
Bidder
Signature of Bidder
We understand the Insurance Requirements of
by required within five (5) days after bid g.
BID NO: 47-00/01
DATE: 08/01101
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DMSION 1
General Provisions
Section I
DEFINITION OF TERMS
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or
Contract Bond the following temJs or prooouns in place of them are used, the intent and meaning sball be
interpreted as follows:
1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "City Clerk" - The City Clm of the City of Miami Beach, Florida.
1.5 "City Mana2er" - Chief Administmtor of the City Commission.
1.6 "Enl!ineer" - The City Engineer of the City of Miami Beach, I1orida, or his authorized
assistants.
1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all
necessary inspection of the materials furnished and of the work perfonned 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 "SuDerintendent" - Executive representative for the Contractor present on the work at all
times during progress, authorized to receive and fulfill instructions from the Engineer and capable of
superintending the work efficiently.
1.11 "Surety" - The corporate body or individual which is bound by the Perfonnance and
Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible
for his acceptable perfonnance of the work for which contract has been made and for his payment of all
debts pertaining thereto.
1.12 "ProDosal" - The approved prepared fonn 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 Proposa1, to be furnished by the
Bidder as a guaranty of good fuith to enter into a Contract with the City if the Contract is awarded to him.
BID NO: 47-00/01
DATE: 08101101
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1.14 "Plans" - The official approved plans, profile, typical cross-section, general 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 supplemental)' 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
perfonning the work, or to the quantities and qualities of materials and labor to be furnished WKIer the
Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting
forth conditions peculiar to the project under consideration. In case of any discrepancy between the
Standard Specifications and the Special Provisions, the Special Provisions are to govern.
1.18 "SuDPlemental A2reement" - A written agreement between the Contractor and the City
Engineer, covering alterntions and unforeseen work incidental to the project
1.19 "Contract" - The written agreement covering the performance of the work and the
furnishing of labor and materials in the proposed construction. The contract shall include the "Proposa1,"
"P1an," "Specifications," "Special Provisions," Perfonnance Bond," and "Labor and Materia1 Bond" also any
and all "Supplementa1 Agreements" required to complete the work in a substantial and acceptable manner.
1.20 "Contract Bond" - Perfonnance Bond - The security furnished by the Contractor and the
Surety as a guaranty that the Contractor will execute the work in accordance with the tenDs of the Contract.
1.21 "Pavment Bond" - The security furnished by the contractor and the surety as to guaranty
that the contractor will pay a claimant A claimant is defined as any person supplying the Principal with
labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the
prosecution of the work provided for in said Contract, and is further defmed in Section 255.05(1) of the
Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in
the Proposal as contemplated improvement.
1.23 "Ouestionnaire" - The approved form upon which the Contractor must furnish the
information as to his ability to perform the wort<, his experience in simi1ar wort<, and his financial condition
as related to his ability to finance the work.
1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with
the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the
use for which it is intended. A Certificate of Substantial Completion signed by the AlE of Record, the
contractor and approved by the City must be submitted in order to consider the work substantially
complete. Moreover, the substantial completion shall also be linked, for the City's convenience, to the
issuance ofa Temporary Certificate of Completion orTemponuy Certificate ofOroJpancy by the Building
Official.
BID NO: 47-00/01
DATE: 08101101
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(5) For commissionofan offense as described in subsections 2404(b)(1) or (2): two (2)10 five
(5) years.
(c) The Debannent Conunittee may. in its sole discretion, reduce the period of debannent, upon the
contractor's written request for reasons such as:
(I) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debannent was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarmen1 was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debannent debarred contractor's written request shall contain the reasons for requesting a
reduction in the debarment period, The City's Procurement Office, with the assistance of the
affected department shall have thirty (30) days from receipt of such request 10 submit written
response thereto. The decision of the Debannent Committee reganIing a request made under this
subsection is final and non-appea1able.
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 onIained
that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami
Beach, Rorida. The sections of this ordinance may be renumbered relettered 10 accomplish such intention,
and the word "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 S. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of Marc!!,2000.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
BID NO: 47-00/01
DATE: 08101101
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Sec. 38-6.
PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) General.
(l) No peISOIl who is a vendor to the city shall give a campaign contribution directly, or through a
member of the peISOIl'S immediate fumily, or through a political action committee, or through any
other person, to a candidate, or to the campaign committee of a CJInc:JitlmP, for the offices of mayor
or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the peniOn's immediate fumily, or through a political action
committee, or through any other peniOn on behalf of the peniOn. This prohibition applies to natura1
peniOIIS and to peniOns who hold a controlling financial interest in business entities.
(2) A fine ofup to $500.00 shall be imposed on every peniOn who violates this prohibition. Each
act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a
separate violation. All contnbutions received by a candidate in violalion of this parngraph shall be
forfeited to the city's general revenue fi.md.
(3) A peniOn who directly, or through a member of the person's imP1ediate fumily, or through a
political action committee, or through any other peISOIl makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 months
following the swearing in of the subject elected official from transacting business with the city. This
prohibition on transacting business with the city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a A "vendor" is a peISOIl who transacts business with the city, or has been approved by the city
corrunission to transact business with the city, or is Jisted on the city manager's approved vendor list.
b. A "contnbution" is:
1 A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of
value, including contributions in kind having an attnbu1able monetary value.
2A transfer of fimds between political committees, between committees of continuous existence,
or between a political committee and a committee of continuous existence.
3.The payment, by any peniOn other than a candidate or political committee, of compensation for
the personaJ services of another peISOIl which are rendered to a c:atvlVlote or political committee
withou1 charge to the candidate or committee for such services.
BID NO: 47-00/01
DATE: 08101/01
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4.The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary
depository and a separate interest-bearing lICCOWII or certificate of deposit, and the term includes
any interest earned on such account or certificate.
(b) Conditions for waiver of prohibition. The requirements of this section may be waived for a
particular transaction by ci1y commission vote afifr public hearing upon finding that:
(I) An open-tG-all sealed competitive proposal has been submitted aM the city official/done has in
no way participated in the detennination of the bid specifications or bid award;
(2) The property or services to be involved in the proposed transaction are unique and the ci1y
cannot avail itself of such prqlerty or services witOOul entering into a transaction which would violale
this section but for waiver of its requirements;
(3) The business entity involved in the proposed transaction is the sole SOUICe of supply within the
city; or
(4) An emergency contract must be made in order to protect the health, safety or welfare of the
citizens of the city, as determined by a five-sevenths vote of the city commission. Any grant of waiver
by the city connnission must be supported with a full disclosure of the subject campaign contribution.
(c) Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratify a transaction entered into in violation of this section.
(Ord. No. 2000-3244, ~ 1,5-10-00)
BID NO: 47-00/01
DATE: 08101/01
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SectIon 2
PROPOSAL REQUIREMENTS AND CONDmONS
2.1 Intemretatlon of Approximate Estimste - The Bidder's attention is called to the fact that
the estimate of quantities of all wOIk to be done and materials to be furnished under the Specifications as
shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation
upon which the award of the Contract is to be made. The City does not asswne any responsibility that the
final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead
misunderstanding or deception because of such estimate of quantities or of the character, location of the
work or other conditions pertaining thereto.
2.2 Examination of Plans. Specifications. Special Provisions. and Site of Work - The
Bidder is required to examine carefully the site of, and the Proposal. Plans, Specifications, and Contract
for the work contemplated, and it will be 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 perfonned and
materials to be finnished and as to the requirements of these Specifications, Special Provisions, and
Contract It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that
the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the fonn provided. All blank
specifications for which quantities are shown must be filled in ink, in b'Jth words and figures with the unit
price for the item for which the proposal is made. The bidder shall also state the time in which he will
complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in
his own proper person or under a trade or firm name, he shall execute the same under his individual trade
or firm name, he shall execute the same under his individual signature and his post office address shall be
shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in
full the names of the par1ners and the firm name of the partnership, if any, and signed by one or more of the
partners, and the post office address of each of the partners shall be shown. If made by a corporation, the
proposal shall be executed by setting out the corporate name in full. followed by a statement that it is
incorpornted 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 corpornte officer, with its corpornte seal affixed and attested by its Secretary, and the address
of its principal place of business shall be shown.
2.4 Reiection of lrre2ular ProoosaIs - Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations of fonn. additions not called for, conditions, 1.IIl3UlIxlrize
alternate bids, or irregularities of any kind
2.5 Guaranty to Accompany PronosaIs - No Proposal will be considered unless accompanied
by a "Proposal Guaranty" of the character and amoun1 indicated in the Notice to Contractors and the
Proposal Form, made payable to the City of Miami Beach, Florida.
BID NO: 47-90/01
DATE: 08101101
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2.6 Delivery of Prooosals . Esch Proposal must be submitted in a sealed envelope which shall
be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above
mentioned envelope shall be enclosed in another envelope addressed to the City Pun:basing Agent, Miami
Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at
the Office of the City Pun:hasing Agent. Proposals will be received until the date and hour stated in the
"Notice to Contractors."
2.7 WIthdrawal of Prooosab - 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
fiIils 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 Openinl! of Prooosa1s - 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, fum, partnership, or
cotporation, 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 woIk 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 satisfilctorily settled all bills due for labor and material on former contracts with the City or contracts
with the same in force at the time of receiving bids.
2.10 ComPCtencv of Bidders - Bidders must be capable of performing the various items of wlllk
bid upon. They shall finnish a statement covering experience on similar work, a list ofmachinely, plant, and
other equipment available for the proposed work, and shall Furnish statements of their financial resources
as requested in the Questionnaire. If the avai1able evidence of competency of any bidder is not satisfactory
to the Engineer, the proposal of such Bidder may be rejected.
2.11 Material Guarantv - Before any Contract is awarded, the Bidder may be required to
furnish a complete slatement 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 detennine their quality and fitness for the work. Subsequent deliveries shall be equal in
all respects to the samples submitted.
BID NO: 47-00/01
DATE: 08101101
COY OF M\AMI BEACI
29
Section 3
AWARD AND EXECUTION OF CONTRACT
3.1 Coosidention of Bids - For the purpose of awan!, after the Proposals are opened and read,
the correct summation of the products of the approximate quantities shown in the Proposa1, 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 reseIVed 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 City Commission shall award the contract to the lowest and best
bidder. In detennining the lowest and best bidder, in addition to price, there shall be considered the
following:
I) The ability, capacity and skill of the bidder to petfonn the contract.
2) Whether the bidder can perform the contract within the time specified, without delay or
interference.
3) The character, integrity, reputation, judgement, experience and efficiency of the bidder.
4) The quality of petfonnance of previous contracts.
5) The previous and existing compliance by the bidder with laws and ordinances relating to
the contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately
following the tabulation of Bids, except those of the three lowest Bidders. These guanmties 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 sum equal to the amoWlt 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 ascer1aining and
collecting losses Wlder the bond, including both Engineering and Legal seIVices, shall lie against the bond.
3.5 Execution of Contract and Pavment Bond - Within ten (10) days after the Contract has
been awarded, the successful Bidder sha1l 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 forfeitwe of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages
sustained Award may then be made to the nex110wes1 responsible Bidder or the work may be Ie-
advertised or may be consl1Ucted by day labor, as the City may decide.
BID NO: 47-00/01
DATE: 08101101
COY OF MtAMI BEACH
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3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish certified
copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such
docwnents, and of the companies bound thereby to do business in the State of Florida.
BID NO: 47-00/01
DATE: 08/01101
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Section 4
SCOPE OF THE WORK
4.1 Intent of Plans and SDecifieations - The intent is to prescribe a complete work of
improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated in the
Proposal and on the Plans, and such additional, extra, and incidental wmX as may be "..,.~ 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 swplus and discarded material and equipment
and leave the site of the W mX in a neat, acceptable and finished condition. He shall furnish, unless otheIWise
provided in "Special Provisions," al implements, machineJy, equipment, transportation, tools, materials,
supplies, labor, and other things necessary to the prosecution and completion of the Work.
He shall maintain the finished W mX until its fonnal acceptance by the City, as herein provided, and
turn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with
the Plans, these Specifications, the Special Provisions, Proposal, and Contract.
4.2 SDecial Work - Proposed construction or requirements not covered by these Specifications
will be covered by "Special Provisions" and perfonned or complied with by the Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to
make from time to time such alterations in the Plans or in the character of the wmX 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
perfonned, 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 wmX is beglDl, 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 perfonn unforeseen work, for which there is no quantity
and price included in the Contract, whenever i1 is deemed necessary or desirable to complete fully the W mX
as contemplated, and such extra work shall be perfonned in accordance with the Specifications and/or as
directed; provided, however, that before any "Extra W mX" 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: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
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4.5 Removal and DisDosaI of Structure and Obstructions - The Contractor will remove all
obstructions that may come in the way of the contemplated improvemenls, such as pavemenls, sidewa1ks,
fences, buildings, trees, roots, stumps, logs, old foW1datioDS or piling, and other obstructions encmmtered
either above or below the surface of the ground and dispose of them in such manner as the Engineer may
direct.
All worl<: prescribed and involved IIIlder this heading sba1l be considered as incidental to and
included in the unit price bid for the paI1icular Work in which it is involved and no additional payment will
be made therefore unless otherwise specifically provided in the Special Provisions.
4.6 Ril!hts 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 materia1 suitable in the opinion
of the Engineer, as may be found in the excavation and will be paid for the excavation of such materia1 at
the corresponding contract unit price therefore, but he sba1l replace at his own expense with other suitable
material all of that portion of the materia1 so removed and used as was contemplated for use in
embankments, back-fills, approaches, or otheIWise. No charge for materia1s so used will be made against
the Contraetor except the replacement herein provided for. The Contraetor sha1l not excavate or remove
any materia1 which is not within the excavation, as indicated, widxJut written authorization from the Fngineer.
Materia1s in old structures removed by the Contractor to allow the construction of new structures, and not
needed by the City" may be used by the Contraetor during construction. Such materials are the property
of the City and shall not be cut or otherwise damaged during use or removal, and shall afteIwards be
disposed of by the Contractor as directed by the Engineer.
BID NO: 47-00/01
DATE: 08/01101
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Sedion 5
CONTROL OF THE WORK
5.1 Enl!ineer as Referee - To prevent all disputes and litigations, it is agreed by the parties
hereto that the said F.ngjnt'n sball decide all questions, difficulties, and disputes, of whatever nature, which
may arise relative to the dal"dldi.m of the Plans, COIISl1UCtiOll, prosecution and fulfillment of this Contract,
and as to the character, quality, amount, and value of any work done, and materials furnished, under or by
reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes sball be final
and conclusive upon the parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary
to adequately control the WOIk. It is mutually agreed that all authorized alterations affecting the
requirements and information given on the approved plans sha1l be in writing. No changes sball 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 sha1l consist of such detailed plans as may be required for the
prosecution of the wrnk and are not iIx:luded in the Plans furnished by the Engineer. They sball iIx:lude 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 perfonned. Plans
for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases sha1l
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 n01 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 confonnity ofhis working drawings with the approved Plans and Specifications.
The Contract price shall iIx:lude the cost of finnishing all working drawings and the Contractor will
be allowed no extra compensation for such drawings.
5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases sha1l
confonn 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 supplementmy documents are essential parts of the Contract and a
requirement occwring in one is as binding as though occwring in all. They are intended to be cooperntive,
to descnbe and provide for a complete Work. In case of discrepancy, figured dimensions sha1l govern over
scaled dimensions. Plans sball govern over Specifications, Special Provisions sha1l govern over both
Specifications and Plans.
BID NO: 47-00/01
DATE: 08101101
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5.5 Coooeration of Contractor - The Contractor will be supplied wilh copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Wode at a1l times, 00:
copy each of said Plans and Specifications and Special Provisions; he shall give the Work the conslaDt
attention necessal)' to facilitate the progress thereof and shall cooperate wilh the Engineer and with other
contractors in every way possible. The Contractor shall at a1l times have a competent FngIish-speakin
Superintendent, capable of reading and thorougbly understanding the Plans and Specifications, as his agmt
on the Work, who shall receive instructions fiom the Engineer or his authorized representatives. The
Superintendent shall have full authority to execute the orders or directions of the Fllginer.r without delay and
to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such
Superintendent shall be furnished irrespective of the amOlmt of work sublet
5.6 InsDedon - Inspectors employed by the Engineer shall be aulhorized to inspect a1l wode
done and materials furnished Such inspection may extend to a1l or any part of the Wode 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 i1 is being perfonned; also
to report whenever it appears that the materials furnished and work perfonned by the Contractor fail to
fu1fill the requirements of the Specifications and Contract, and to call to the attention of the ConIIactor any
such failure or other infringements. Such inspection, however, shall not relieve the Contractor fiom any
obligation to perfonn a1l the Wode strictly in accordanre with the requirements of the Specificatioos. In case
of any dispute arising between lhe Contractor and lhe Inspector as to material furnished or the manner of
perfonning the Work, the Inspector shall have the aulhority to reject materials or suspend lhe Work until
the question at issue can be referred to and decided by lhe Engineer. The Inspector shall perfonn such
other duties as are assigned to him. He shall not be authorized to Ie'/oke, alter, enlarge, relax, or release
any requirements of these Specifications, not to approve or accep1 any portion of work, nor to issue
instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or
perfonn 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 fiom fulfillment of the tenns of the Contract Ordinarily one
Inspector will be employed by lhe City for each section of the Work Wlder Contract; but if, on account of
any apparent disregard of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor
and deducted fiom the final payment
5.7 InsDection - The Contractor shall furnish the Engineer wilh every reasonable facility for
ascertaining whether or not the wode perfonned and materials used are in accordance with the requirements
and intent of lhe Specifications and Contract. If the Engineer requests it, the Contractor shall at any time
before final acceptance of the Work remove or Wlcover such portions of the finished Work as may be
directed. After examination the Contractor shall restore said portions of lhe Work to lhe standanI required
by the Specifications. Should lhe Work thus exposed or examined prove acceptable, the uncovering or
removing, and the replacing of the covering or making good of the parts removed, shall be paid for as ''Extra
Work," but should lhe work so exposed or examined prove tmaeceptlble, the WlCOVering or removing and
the replacing of the covering or making good of the parts removed, shall be at the Contractors expense.
No work shall be done nor materials used wilhout suitable supervision or inspertion by the Fng;n...r or his
BID NO: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
35
representative. Failure to reject any defective WOIk or material sba11 DOt in any way prevent later rejection
when such defect be discovered, or obligate the City to final ~.
5.8 Failure to Remove and Renew Defective Materlals ad Work - Should the Contractor
fail or refuse to remove and renew any defective materials used or work performed, or to make any
ne=sary repairs in an accep1able manner and in lICCOllIance with the requirements of these Specifications
within the time indicated in writing, the Engineer shal1 have the authority to cause the IIIIllCCeptable or
defective materials or work to be removed and renewed, or such repairs as may be necessmy, 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, shal1 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 necessmy repairs promptly,
fully, and in an acceptable manner shal1 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
colpOration 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 shal1 be charged against the "Contract Bond" deposited. Any worlc perfonned, as described in this
paragllIph, shall not relieve the Contractor in any way from his respoDSlbility for the work performed by
him
5.9 FinallnsDection - Whenever the Work provided and contemplated by the Contractor shall
have been satisfuctorily completed and the final cleaning up performed, the Engineer shal1 within ten (l0)
days, unless otherwise provided, make the final inspection.
BID NO: 47-00/01
DATE: 08/01101
COY OF MIAMI BEACH
36
Section 6
CONTROL OF MATERIALS
6.1 Source OfSUDDIv and OuaUtv of Materials - At die option ofdle Engineer die soun:e of
supply for each of die materials shall be approved by the Engineer before the delivety is started.
Rqxesentative pre1iminaJ:y samples of the character and quality described shall be submitted by die
Contractor or producer for examination and tested in accordance with the methods referred to under
Samples and Tests, Paragraph 6.2. Only materials confonning to die 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 a1 any time during their preparation and use. If: after trial, it is found that sources of
supply which have been approved do not furnish a uniform product, or if the product from any sources
proves unacceptable at any time, the Contractor shall furnish approved material from other approved
sources. No material which after approval has in any way become unfit for use shall be used in the Wark.
6.2 SamDles 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 detennine. The
Contractor shall afford such facilities as the Engineer may require for collecting and forwanling samples and
shall not make use of or incorpornte in the Work any material represented by the samples until die 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 inco1]X>rntion 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 Storal!e of Materials - Materials shall be stored so as to insure their preservation and quality
and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly
stored may be rejected without testing.
6.4 Defective Materials - All materials not conforming to die 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 die Work, unless otherwise pemritted 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 W1der the provisions of this article, the Engineer shall have authority to remove and replace
defective rilateriaJ. and to deduct the cost of removal and replacement from any monies due or to become
due the Contractor.
BID NO: 47-00/01
DATE: 08/01101
COY OF MIAMI BEACH
37
Seetion 7
LEGAL RELATIONS AND RESPONSIBll..ITY TO THE PUBLIC
7.1 Laws to be Observed- The Coottactornmst fiuniliarize himselfandOOOIplywith all Fedml,
State, Counly, and City laws, or<\i11ll""eS, or regulations, and govern himself accordance with them. He sbal1
indemnifY and hold harmless the City, the Architects and all of its officers agents, and servants against any
claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations,
orders, or decrees, whether by himself or his employees.
7.1.1 The requirement of Chapter 31A, Section 27-31 PIevailing Wage is a requirement
of many construction contracts that exceed $1,000,000.00.
7.1.2 PUBLIC ENTflY CRIMES
A person or affiliate who bas 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 submi1 a bid on a contract with
a public entity for the consttuction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be
awarded or perform WOIX as a contractor, supplier, sub-contractor, or consultant
IDlder a contract with a public entity , and may not ttansacl business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on
the convicted vendor list.
7.1.3 VENDOR APPLICATION VENDOR APPLICATION
The City bas contracted with DemllndStllr by Onvia (the City's Vendor
Database Management firm); as our electronic procurement service for automatic
notification of bid opportunities and document fulfillmenL We encourage you to
participate in this bid notification system. To find out bow you can receive
automatic bid notifications or to obtain a copy of this RFP, go to
www.demandstar.com or call toll-free 1-800-711-1712, and request
Document #473. Subscnbing to Demll1ldStJlr by Onvia's bid notificaIion system
is not a requirement You will still be able to find bid information and download
documents through the City's website tltto://ci.miami-beach.fl.us). From the
City's home page, click on Index. scroll down to Bids. RFPs, RFQs. etc.. click
on Bid Information and Bid Status. double click on Order (Actions Column),
and double click on Download documents for a fee. You will be charged an
administrative fee of$5.oo to download this documen1
II is the responsibility of the bidder to inform DemandStar.com concerning any
changes, such as new address, telephone number, or connnodities.
BID NO: 47-00/01
DATE: 08101101
COY OF MIAM1 BEACH
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7.2 Permits. Licenses. Occupational Licenses - 'Ibe Contracror sbaIl procure all pemrlts and
1icenses as required, however, 1here will be no charge for the construction permits issued by the City of
Miami Beach. The Contractor shall also give all notices I"""e"o-y 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
withoot exception cotlIract prices are to include all royalties and costs arising from potPn~ trademarlcs, and
copyrights in any way involved in the W mk. It is the intent that whenever the Contractor is required or
desires to use any design, device, material, or process covered by letters, patent or copyright, the right for
such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this
agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as
noted, the Contractor and the Surety in all cases sbaIl indemnify and save hanDless the City from any and
all claims for infringement by reason of the use of any such patented design, device, material, or process,
to be performed IBlder the Contmct, and sbaIl indemnify the said City for any costs, expenses, and damages
which it may be obliged to pay, by reason of any such infringement, at any time dming the prosecution or
after completion of the W mk.
7.4 Ril!ht of Way - In cases where the Work is done on private property the City guanmtees the
Coolractor the right-of-way for the construction of the Worlc, but the Contractor must take all precautions
not to inconvenience the tenan1 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
rigbl-of-way, but should any such delay occur the Contractor shaI1 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 accolBlt 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 IBlder
"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 shaI1
not be relieved in any way from his responsibility for the work performed by him.
7.5 Restoration of Surfaces ODened by Permit - Any individual, linn, or corporation wishing
to make an opening in the street must secure a permi1 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
shaI1 not allow any person or persons to make an opening unless a duly authorized permit from the City is
presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe
or their accessories at any time before the completion of the Work. The Conlractor is to exercise such
supervision thereof as will protect him against defects in the finished Wmk.
BID NO: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
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In case of t!a"",8" to the work on account of work so dooe, the FJlgi~ may direct the
Con1Iactor to make the _sary repairs, and payment for such repaiB will be made as provided \IIIder
"Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified,
the Fngjnrer sba1l have the authority to cause such repaiB to be made, in which case the Contractor sba1l
not be relieved in any way from his responsibility for the work perfonned by him.
7.6 Sanitarv Provisions - The Contractor sba1l provide and maintain at his own expense, in a
sanitary condition, such accommodations for the use of his employees as is necessary to comply with the
requirements and regulations of State and County Boanls of Health. He sba1l commi1 no public nuisance.
7.7 Public Convenience and Safety - The Contractor sball conduct the Work so as to insure
the least obstruction to traffic practicable, and sba1l provide for the convenience of the general public and
of residents along and adjacen1 to the Work in a manner satisfactory to the Engineer. Materials and
equipment stored upon the Work sba1l be placed so as to cause as little ob5lruction to the public as possible
and sba1l be lighted and barricaded as hereinafter provided.
7.8 Closinl! Streets - Streets sball not be closed excep1 when and where directed by the
Engineer, and whenever the street is not closed the Work must be so conducted that there sba1l at all times
be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the
Contractor sba1l provide and maintain a passable driveway as directed by the Engineer.
Suitable banicades, danger warnings, detour signs, etc., as hereinafter provided, sba1l be lI1ainCline<l
by the Contractor in all cases and the Engineers office and the Fire Depanment shall immediately be notified
by telephone or otherwise upon the closing and/or opening of each street or section thereof.
7.9 Barricades. Warninl!S, and Detour Sims - The Contractor sba1l provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be
necessary. He shal1 place sufficient lights on and/or near the Work and keep them burning from twilight to
sunrise; sba1l 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 necessaIy; sba1l 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, necessary lighting and temporary fencing around work areas shal1 be installed and
maintained and work perfonned in accordance with OSHA requirements while the job is in progress.
Streets closed to traffic sba1l be protected by effective barricades on which sba1l be placed
acceptable warning signs. The Contractor sba1l 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 sba1l be indicated clearly throughout its
or their entire length.
7.10 Fire Hvdrants. Gutters. Etc. - Fire hydrants on or adjacen1 to the Work sball be kept
accessible to the fire apparatus a1 all times and no material or obstructions sba1l be placed within ten (10)
BID NO: 47-00/01
DATE: 08/01101
CITY OF M1AM1 BEACH
40
feet of any such hydrant Adjacent premises must be given access as fur as practicable, and obstruction
of sewer inlets, gutters, and ditches will not be permitted.
7.11 Use of Exolosives - Unless otherwise expressly stipulated herein, the use of explosives is
not contemplated in the prosecution of this ContIact, and in no case will their use be permitted without the
written pennission of the City Engineer and a permit issued by the Chief of the Fire Department.
Where such pennission for the use of explosives is obtained the Conttactor shall use the utmost
care so as not to endanger life or property, and whenever directed the nwnber and size of the charges shall
be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marlred
clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen.
7.12 Preservation of Property - The Contractor shall preserve from danger all ploperty along
the line of Work, the removal or des1ruction of which is not called for by the Plans. This applies to public
utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monwneots, pipe,
undergroW1d structures, etc., and wherever such property is damaged due to the activities of the Contractor
it shall be immediately restored to its original condition by the Contractor and at his own expense.
The Contractor shall give due notice to any department or public service corporation controlling
manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall
be held strictly liable to the City if any such appliances are covered up during the COIJS1ructior. of the Work.
In such case offailure 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 he 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
ContIactor, his employees, or agents.
BID NO: 47-00/01
DATE: 08/01/01
COY OF MIAM1 BEACH
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7.13 Resoonsibllitv for Damal!e. Etc. - The Conlrador sba1I indemnify and save bannless 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 Wode, or through the use of IIII3CCepl3ble materials in the constIUctiro
of the improvement, or by, or on 3CCOWI1 of any act of omission, neglect, or misconduct of the said
Contractor, or by, or on account of, any claims or amoUllts recovered for any infringement of patent,
trademark, or copyright, or from any claims or amoWIts arising or recovered under the "W orlanen's
Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money
due the said Contractor WIder and by virtue of his Contract as shall be considered necessary by the
Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until
such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been
settled and suitable evidence to thaI effect fiunished.
The Contractor guanmtees the payment of all just claims for materia1s, 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 Resoonsibilitv for Work - Until acceptance of the Work by the Boani it shall
be under the charge and care of the Contractor and he shall take every necessary precaution against injury
or damage to any part thereofby the action of the elements or from any od1er cause whatsoever arising from
the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and
make good, a1 his own expense, all injuries or damages to a.'1y portion of the Work occasioned by any of
the above causes before its completion and acceptance except such oIdinary wear and tear as may be due
to use on sections opened for service, as hereinafter provided.
7.15 Openinl! of Section of Work for Service - Whenever, in the opinion of the Engineer, any
portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and
such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver
of any provisions of these Specifications and Contract Necessary repairs or renewals made on any section
of the Work due to its being opened for use under instructions from the Engineer, to defective materials or
work, or to natwaI causes other than ordinary wear and tear, pending completion and acceptance of the
Work, shall be performed at the expense of the Contractor.
7.16 No Waiver of Lel!a1 Ril!hts - The City reserves the right, should an error be discovered
in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on
the part of the Contractor be discovered after the final payment has been made, to claim and recover by
process of law such sums as may be sufficient to correct the error or make good the defec15 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 genera1liability 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: 47-00/01 CITY OF MIAMI BEACH
DATE: 08/01101 42
Section 8
PROSECUTION AND PROGRESS
8.1 Sublettinl!: or Assloning Contracts - The Contractor will not be pemritted to sublet, assign,
seD, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest
therein to any individual, firm, or COl}lOration without the written consent of the Board. In case such
approva1 is given the Contractor must file with the &Igineer ccpies of all sub-Contracts. No sub-Contracts
or transfer of Contract shall in any case release the Contractor ofhis liability UIIder this Contract and Bond
8.2 Pro\!ress of Work - It is understood and agreed that the Contractor shall commence work
not IaIer than the time limit for beginning as set forth in the attached Proposa1, and sha11 provide an adequate
force of labor and equipmen1 to prosecute the Work at as many differen1 points as may be deemed
necessary by the Engineer so as to insure the rompletion of the same within the time limit for rompletion 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 materia1s on the
streets thereof without the consent of the Engineer.
8.3 Limitations of <>Perations - The work is to be confined, a1 any one time, to five squares. not
to exceed 1,500 feet in length; and while the work is actua11y going on, as much as half this length may be
barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be
allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is
not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent.
The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or
other buildings as may be necessary, provided such structures do not interfere with the reasonable use of
the streets or sidewalks. The size, location, and construction of these must be subject to the approval of
the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materia1s so as not to interfere
with the operations of other contractors engaged upon adjacent work and to join his work to that of others
in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work
in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer.
Each Contractor sha11 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 operatiOll5 and maintain the Work
in such condition that adequate drainage shall be in effect at all times.
8.4 Character of Workmen and Equlument - The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent Whenever the Engineer shall
detennine that any person employed by the Contractor is, in his opinion, inUJuqdbd. unfirithfu1, 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: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
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,
All worlanen mU&t have sufficient skill am experimce to ytupaiy pertUun the work a!t.;g,.M 1hem.
All worlanen engaged on special work or skilled work, or in any tIade, sbaIl have bad sufficient experierx:e
in such work to properly and satisfactorily pe.fotlU it am to operate the equipment involved, am sbaIl make
due and proper effort to execute the Work in the manner prescribed in these SpecificatiOllS. CllheIwise the
Engineer may take action as above prescribed.
Should the Contractor fail to remove such pesson or persons, or fail to furnish sui1able or sufficient
machinery, equipment, or fon:e for the proper prosecution of the Work, the Engineer may withhold all
estimates which are or may become due, or may suspend the W oIk until such orders are complied with.
The equipment used on any portion of the Work sball be such that no injury to the roadway, adjacent
property, or other highways will result from its use; and no item of rnacbineIy or equipment, after 000: being
place on the Work, sball be removed without the consen1 of the Engineer.
8.5 TempOrary SUSPension of Work - The City or Engineer sbaIl have the authority to suspend
the W oIk 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
perfonn any or all provisions of the Contract If it should become necessary to stop work for an indefinite
period, the Contractor shaI1 store all materials in such manner that they will not obstruct or impede the
tmveling public unnecessarily, nor become damaged in any way, and he sball take every reasonable
precaution to preven1 damage or deteriorntion of the woIk perfonned; provide suitable drainage of the
roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The
Contractor shall not suspend the WoIk and sball not remove any equipment, tools, lumber, or other
materials without the written permission of the Engineer.
No allowance of any kind will be made for such suspension of work except an equivalent extension of time
for completion of the Contract
8.6 Computation of Contract Time for Completion oftbe Work - Contractor sball perform
fully, entirely, and in accordance with these Specifications the Work contrncted 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 W oIk bas been delayed in consequence of
any suspension of woIk ordered by the Engineer, or omission of the Board and not by any fiml1 of the
Contractor, sball be added to the contract time as set forth in the attached Proposal, all of which sball be
detennined by the Engineer, and whose determination shaI1 be binding and conclusive upon both parties to
the Coniract. If the satisfactory execution and completion of the Contract shaI1 require woIk or material
in greater value than set forth in the Contract, then the contract time sbaIl be increased in the same ratio as
the additional value bears to the original value contracted for. No allowance sball be made for delay or
suspension of the prosecution of the Work due to fimlt or negligence of the Contractor.
BID NO: 47-00/01
DATE: 08101/01
COY OF MIAMI BEACH
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No claim for damages shaI1 be made or allowed on account of delay or postponement occasioned by the
precedence of other contracts which may be either let or executed before the execution of the Contract,
or on account of the Slreets or structures a4iacent 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 obstructioos; but
if the Contractor shaI1 be delayed in the performance of his work by reason of the streets or slructures
adjacent to the Work not being in condition contemplated, or on account of delay in the removal of
obstnJctions, 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 sball deem reasonable.
8.7 Failure to Complete the Work on TlDle - The Work to be done under this Contract is to
be begun on or before the date set forth in the attached Proposal, and shaI1 be prosecuted with proper
dispatch towards completion to the satisfilction of the Engineer, and is to be fully completed within the time
limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion
of said 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 sball remain uncompleted,
af'..er the time specified in the attached Proposal, with any extension of time which may be allowed by the
Fngineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and
Contract, the swn per day given in the following schedule sball be deducted from the monies due to the
Contractor, not as a penalty but as liquidated damages and added expense for supervision on each
Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Dav See Paragraph 3.2 of
Agreement
The Contractor shaI1 take into account all contingent work which has to be done by other parties,
arising from any cause whatsoever, and sball not plead his want of knowledge of said contingent work as
an excuse for delay in his work or for its non- perfonnance.
Nothing in this clause sball be construed as limiting the righ1 of the Board to declare the Contract
forfeited, to take over the Wode, or to claim damages for the failure of the Contractor to abide by each and
every one of the terms of this Contract as set forth and provided for in the General Provisions, Special
Provisions, and Specifications herein contained.
8.R Annulment of Contract - If the Contractor fails to begin the Work under Contract within the
time specified, or fails to perfonn the Work with sufficient worlanen and equipment or with sufficient
materials to insure the prompt completion of said Work, or sball perform the Work unsuitably, or sball
neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and
unsuitable, or sball discontinue the prosecution of the Wode, or if the Contractor sball become insolvent or
be dechaed bankrupt, or connnit any act ofbankruptcy or insolvency, or allow any final judgement to stIDd
against him unsatisfied for a period of forty eigh1 (48) bows, or sball make an assigmnent for the benefit of
creditors, or from any other cause whatsoever sball not carry on the Work in an acceptable manner, the
BID NO: 47-00/01
DATE:08/0t/01
COY OF MIAMI BEACH
45
/
Engineer may give notice in writing to lhe Contractor and his Surety of such delay, neglect, or defilult,
specifYing the same, and if lhe Contractor, within a period of ten (10) days after such notice shall not
proceed in accordance therewith, then the Board sball upon written certificate ftom the Rngineef of the fiIct
of such delay, neglect, or default and the Contractor's fuilure to comply with such notice, have full power
and authority, without violating the Contract, to take the prosecution of the wOlk out of lhe bands of said
Contractor, to appropriate or use any or all materials and equipment on lhe ground as may be suitable and
acceptIble and may enter into an agreement for the completion of said Contract according to lhe terms and
provisions thereof, or use such other methods as in its opinion sba11 seem advisable for the completion of
said Contract in an acceptIble manner. All costs and charges incurn:d by the Board, together with the
costs of completing the W 0Ik WKler contract, sba11 be deducted fiom any monies due or which may become
due said Contractor. In case the expense so incurred by the Board shall be less than the sum which would
have been payable WIder the Contract ifit bad been completed by said Contractor, then the said Contractor
sba11 be entitled to receive the difference, and in case such expense sba11 exceed the sum which would have
been payable under the Contract, then lhe Contractor and the Surety sba11 be liable and sba11 pay to the City
the amount of said excess.
8.9 Termination of Contractor's Resoonsibilitv - This Conttact will be considered complete
when all wod<: has been completed, final inspection made, and the wad<: accepted by the Board as
hereinafter provided The Contractor will then be released from further obligation except as set forth in his
bond, and except as provided in Article 7.16 of these Specifications.
BID NO: 47..00/01
DATE: 08101101
COY OF MIAMI BEACH
46
Section 9
MEASUREMENT AND PAYMENT
9.1 Measurement of Ouantities - All work completed under this Contrsct sball be measured
by the Engineer, according to United States Standard Measures. All measurements sball be taken
horizonta1 or vertical, except for paving surfaces, which will be taken along the actua1 surface of the
pavement. No allowance sball be made for surfaces laid over a greater area than authorized or for materia1
moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon
wrillen instructions of the Engineer.
9.2 Scooe ofPavments - It is W1derstood and agreed that the Contractor sball receive and accept
the prices and rates, as herein specified, in full payment for furniohil1g all materiaIs,1abor, equipment, and
tools, and for perfonning all the W otk contemplated and embraced in the attached Specifications and
Proposal, also for all loss or damage arising out of the nature of the W otk 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, unti1 its final acceptance as hereinafter provided for, and also for all risks of eveI)'
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 W otk in accordance with the Plans, Specifications, and Contract
9.3 Pavment and COIDDensation for Altered Ouantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and
perfonned, the Contractor shall accept payment in full a1 the Contrsct writ price for the actua1 quantities of
wotk oone; no allowance will be made for anticipated profits; increased or decreased work involving
Supplemental Agreements sball be paid for as stipulated in such agreement
9.4 Force Account Work - All Extra Wotk oone on a ''Force Account" basis sha11 be perfonned
by such labor, teams, tools, and equipment as may be specified by the Engint'P.r, 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
eveI)' hour that said labor, teams, and foremen are actually engaged in such work, to which sha11 be added
an amount equa1 to 15 percent of the sum thereof which sha11 be considered as full compensation for general
supeIVision and the furnishing and repairing of smalllOOls and ordinary equipmmt used on the oontracl such
as picks, hand shovels, plows, etc. In addition to the above, the ConlIactor sball receive the actua1 cost for
Social Security Taxes, Unemployment Insurance, and Worlanen'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: 47-00/01
DATE: 08/01101
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(b) For all materials used the Contractor shall receive the actual cost of such materials, deIiva"ed
at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such
materials.
(c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shoYeIs,
drills, concrete mixers, pwnps, and hoists, also induslrial railway equipmeol, crushers, etc., required for the
economical perfonnance of the wOIk, the Engineer shall allow the Conttactor a reasonable rental price to
be agreed upon in writing before such wotk is begwI, for each and every hour 1hat said special equipment
is in use on the wotk, to which sum no percentage shall be added.
The compensation as herein provided shall be received by the Conttactor as payment in full for
Extra Wotk done on a force account basis.
The ContractOl's representative and the Inspector shall compare records of extra wotk 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 pwpose by the Inspector and signed by both the Inspector and the ContractoI's
representative, one copy being forwarded, respectively, to the Engineer of his authorized representative,
and to the Contractor. All claims for extra wotk 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 worlc,
and such statements shall be submitted to the Engineer on the current estimate of the month in which wotk
was actually done.
9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating
to the construction of any items therein by the payment to the Contractor of a fair and equitable amount
covering all items incurred prior to the date of cancellation or suspension of the work by order of the
Engineer.
9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be
paid monthly ninety (90) percent of the value of the wotk completed, and materials furnished by the
Contractor under these Specifications, when such materials have been delivered, inspected, and payments
satisfiJctorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such
as will probably be incorporated in the W otk within thirty (30) days; ten (10) per cent of the amount due
being reserved until a fina1 settlement after the completion of the Work. Contractor shall provide PARTIAL
RELEASE OF LIENS with each Application for payment
It is understood and agreed 1hat the City may also deduct from any estimate, either partia1 orfina1,
the amount of any unsatisfied claim against the Conttactor for labor, materials, teams, equipment and/or
other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the fina1 acceptance, or should
a reasonable doubt arise previous to the fina1 acceptance as 10 the integrity of any part of the completed
BID NO: 47-90/01
DATE: 08101/01
COY OF M1AM1 BEACH
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wOlk, the estimate and payment for such defective or questioned work shall not be allowed UIltil the defect
bas been remedied and causes for doubt removed. The monthly payments shall be approximate ooly, and
all partial estimates and payments shall be subject to COllection in the final estimate and payment. If the
total amount of the retained percentage of the ConlIllCt is greatly in excess of the Wlcomp1eted portion of
the ConIract the Engineer may allow the Contractor a portion of the suspended payment, provided that the
City sball at all times retain an amount sufficient to enable it to complete the uncompleted worlc in the
ConlIllCt and liquidate unsatisfied claims.
9.7 Accentance and Final Pavment - 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 Estimate showing the value of the Work will
be prepared by the Engineer as soon as the necessary measurements and computations can be made all
prior certificates or estimates upon which payments have been made being approximate only and subject
to correction in the Final Estimate.
The amoWlt of the Final Estimate, less any smns 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 fiunished to the Board a sworn affidavit
to the effect that all bills are paid and no suits are pending in connection with the Work done under this
Contract. Upon this final payment the City is to be released from all liability whatever growing out of this
Contract.
No final payment shall be made without the submiUal of the following documents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE
SURETY COMPANY, the FINAL CERTlFlCATE OF COMPLETION or FINAL
CERTlFlCATE OF OCCUPANCY FROM THE BUILDING OmCIAL, a LETTER OF FINAL
COMPLETION or LETTER OF FINAL ACCEPTANCE from the ME of record, approved by the
City.
BID NO: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
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SectIon 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting WotX the ConIIactor shall furnish
satisfuctory evidence that he has complied with the Workmen's Compensation Act of the State
of Florida, and any amendments thereto, and all laws pertaining to the protection of his
employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank
draft of any National or State bank, or Bid Bond payable to the order of the City of Miami
Beach executed by the bidder in the amount of not less than five (5%) percen1 of the total bid
shall accompany each proposal. The Performance and Payment Bonds shall each be in the
amOtmt of one Iumdred (HXI"Io) 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 ConlIactor shall erect and maintain barricades and
warning signs to protect the public dwing the course of the work.
The Contractor shall lake every precaution to protect the abutting properties and minimize the
possibility of damage to same. ConIIactor shall be liable for restoration of all property including
City property.
10.4 LEGAL L1ABllJTY: All suits, actions, or claims of whatever IllIlure which, may arise
occasioned either directly or indirectly by the WotX provided for WJder the Specifications herein,
shall be assumed by the Contractor and the City Conunission and all its officers, agents,
employees shall be indemnified and saved hannless therefrom
10.5 FAMILIARIZATION: The Contractor shall visi1 the site of proposed work in order to
become fiImiIiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all pennits and licenses as required, however, there
will be no charge for the construction permits issued by the City of Miami Beach.
10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS:
In case of conflict between the requirements of Special Provisions and General Provisions, the
requirements of the Special Provisions will prevail.
10.8 LIMITATIONS OF OPERATIONS:
No work shall be accomplished on Sa1lirdays and Sundays. No wotX shall take place between
the hows of 6:00 p.m and 7:00 a.m., however contractor may lake necessary precautions to
protect work already accomplished. Any work that the contractor finds necessmy to provide
during the above days and times, must obmin written permission ftom the l'qlerty Management
Director or designated representative.
BID NO: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
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Plans for Bid 47-00101
For
SOUTH BEACH DUNE RESTORATION AND
ENHANCEMENT PROJECf (FENCING)
Prepared By:
City of Miami Beach Public Works Department
SPECIFICATIONS
SUDDlv and Installation:
Replacement of approximately 7,857 linear feet of ''boUard and rope' fencing along the eastern edge of the
sand dunes in Lwnmus Park from South Pointe Park north to 15th street. The fence should be installed in
locations depicted on the attached plan and shal1 consist of3/4", 3-strand cotton rope strung between 4"
x 4" x 8' pressure treated wood posts, set 4' into the ground, on 10' centers, with a I 1/2" diameter hole
drilled 3" below the top of the post. The rope shall be stretched and tied so as to allow no more than I foot
of sag at the center point between fence posts.
SUDDlv and Insta1lation:
Replacement of approximately 15,423 1inear feet of "snow-type" fencing along the western edge of the sand
dWles in Lwnmus Pari<: from gtb Street south to South Pointe Park. The fence should be installed in
locations depicted on the set of plans and shall consist of 48" high "snow-type" fencing nailed to the western
side of 4" x 4" x 8' pressure treated wood posts, set 4' into the groWld on 10' centers.
All existing fencing must be removed and disposed of by contractor.
Warranty: One year on workmanship and materials.
PLANS
Plans are available for tbis bid but must be ordered through T -Square. Following 1his page find ooIer
form for plans, the form must be completed and returned to T -Square before prospective bidders will
receive requested plans and specifications.
The following is list of Working Drawings Documents
Sheet No. Drawin!! DescriDtion
1
Cover Sheet & Index of Drawings
2 -10
Fencing Plan
1
One (1) color copy (8.5 x 11) offenclng sample
BID NO: 47-00/01
DATE: 08/01101
COY OF MIAMI BEACH
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C,O,D Order
T-SQUARE
ATrN:CARMEN DAVILA
FAX 3Ol! ~1 W'"
PHONE 385-3141234 EX. 321
CITY OF MIAMI BEACH
BID # 47
Authorized by : Roman Martinez
Complete Set 24" x 36"
Fax: 305.324-8040
Plans 10 Pal!es
Others
1 color CODY (8.5 x 11). (encin!! samole
PrIce per SQ.FT S .UcnlS full slzel balf size S 1.00 per finl copy &.45 second copy Total
(MINIMUM ORDER FOR FREE DELIVERY S2O.OO PER DELIVER)
COMPANYNAME: ORDER BY:
Bill 10:
COD T -Square Acct# 613204 Casb:_
Credll Card #
Vis&:_ Amn:_Masler:_Olber:
Es. dale
In the name of:
Authorization signature-
Sblp TO:
City
Slale
zip code
Pbone:_-_-_Fax:_ -_ -_ Conlaclname
Title
Received by:
sbipped by: UPS #
FEDEX #
Received by:
sbipped by: UPS #
FEDEX #
Nesl day air _ Nesl day air saver _Ground _Second day air AM
Second air
Tbree day selecl Handling cbarge S
Order received by T -Square: Title:
ANY QUESTION AT T-SQUARE PLEASE CALL
305-324-1234 ASK FOR: Ru.ty Jomo.. VP Pnoduc:tlon
Don Walker = Production 010.
Jesus Luya = Production 010.
Veronica Lorza = Accoun1 Manager
Carmen Elena Davila = Sales Manager
= Eat. 202
= Ext. 224
= Ext. 224
= Ext. 230
= Ext. 320
H you already have an account with T -Square please use your account #
the order.
to place
Thank you for you business.
BID NO: 47-00/01
DATE: 08101101
COY OF MIAMI BEACH
51
DMSION 3. LOBBYISTS
Sec. 2-481. Definitions.
The fol1owing words, tenDs and phrases, when used in this division, shall have the ll1"lIrIing<< ascnbed to
them in this section, excep1 where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responstbility is to recommend legislation or give advice to the City commissioners.
Autonomous pmonnel includes but is not limited to the members of the housing authority, personnel boanI,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined fimctions or areas
of~ility.
Commissioners means the mayor and members of the City conunission.
Departtnental pmonnel means the City manager, all assistant City managers, all depaI1rnent heads, the City
attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel
when acting in connection with administrative hearings shal1 not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to
encourage the passage, defea1 or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or reconnnendation of any personnel defined in any manner in this section, during the time period
of the entire decision-making process on such action, decision or recommendation that foreseeably will be
heard or reviewed by the City commission, or a City board or committee. The tenn specifically includes
the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such
lobbying activities fall within the nonna1 scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning boanI, the board of adjus1ment and such other
boards and agencies of the City that perform such quasi-judicial fimctions. The nuisance abatement boanI,
special master hearings and administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, ~ 1,2,3-4-92; Ord. No. 92-2785, ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
(a) All lobbyists sbal1, before engaging in any lobbying activities, register with the City cleIk. Every
person required to register sbalI register on foons prepared by the clerk, pay a registration fee as
specified in appendix A and state under oath:
(I) His name;
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DATE: 08101/01
COY OF MIAMI BEACH
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(2) His business address;
(3) The name and business address of eac:h person or entity which bas employed the registmnt
to lobby;
(4) The commissioocr or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any infmnation originally filed, or any additional City commissioocr or personnel
who are also sought to be lobbied sball require that the lobbyist file an amendment to the
registration fonns, altbougb no additional fee sha11 be required for such amendment. The lobbyist
has a continuing duty to supply infonnalion and amend the fonns filed throughout the period for
which the lobbying occurs.
(c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary
sha11 also be identified. Without limiting the foregoing, the lobbyist sha11 also identifY all persons
holding, directly or indirectly, a five percent or more ownership interest in such corpOlation,
partnership, or trust.
(d) Separate registration sha11 be required for each principal represented on each specific issue. Such
issue sha11 be described with as much detai1 as is practical, including but not limited to a specific
description where applicable of a pending request for a proposal, invitation to bid, or public hearing
nwnber. The City clerk sha11 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 lobbyis1 for a particular client sha11 file an appropriate notice of
withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists
shall be required prior to October 1 of every even-nwnbered year; and the fee for biennial
registration sha11 be as specified in appendix A.
(g) In addition to the matter.; addressed above, every registrant sha11 be required to state the extent of
any business, financial, fumilial or professional relationship, or other relationship giving rise to an
appearance of an impropriety, with any curren1 City commissioner or personnel who is sought to
be lobhied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (f) of this section sha11 be deposited by the
clerk into a separate accoun1 and sball be expended only to cover the costs incurred in
administering the provisions of this division. There sha11 be no fee required for fi1ing a notice of
withdrawal, and the City manager sball waive the registration fee upon a finding of financia1
hardship, based upon a sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable 0llY'ni7"rion, a
neighborhood or homeowner association, a local chamber of commerce or a trade association or
trade union), without special compensation or reimbursemen1 for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item, sha11 not be required to
register with the clerk as required by this section. Copies of registration forms sha11 be furnished to
each commissioner or other personnel named on the fonns.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92)
BID NO: 47-00/01
DATE: 08/01/01
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Sec. 2-483. Exceptions to registration.
(a) Any p.lblic ofIicer, employee oc appointee oc any peIllllIl oc entity in CUIlIadual (l'ivity with 1be City
who only appears in his official capacity shaIl not be required to register as a lobbyist.
(b) Any pmon who only appears in his individual capacity at a public hearing before 1be city
commission, planning board, board of adjustment, or other board or committee and bas no olber
connnunication with the personnel defined in section 2-481, for the pwpose of self-represenlalion
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 IimitIld
to those who are members of homeowner or neighborhood associations. All speakers shall,
however, sign up on fonns available at the public hearing. Additionally, any pmon requested to
appear before any city personnel, board or commission, or any person compelled to answer for
or appea1ing a code violation, a nuisance abatement board hearing, a special master hearing oc an
administrative hearing shall not be required to register, nor shall any agent, attorney, officer or
employee of such person.
(Ord. No. 92-2777, ~ 4,5,3-4-92; Ord. No. 92-2785, ~ 4,5,6-17-92)
See. 2-484. SIgn-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of
the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall
maintain signed sign-in logs for all noncity 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)
See. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement WIder oath
1isting all lobbying expenditures in the city for the prel"P<ling calendar year. A slalement shall be filed
even if there have been no expenditwes during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrntioos
filed All logs required by this section shall be prepared in a marmer substantially similar to the logs
prepared for the state legis1ature pursuant to F.S. ~ 11.0045.
(c) All IIlelIlben; of the city commission and all city personnel shall be diligent to ascertain whether
persons required to register pursuant to this section have complied with the requirements of this
division. Commissioners or city personnel may not knowingly pennit themselves to be lobbied by
a person who is not registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to
be in violation of this division. The city attorney shal1 report the results of the investigation to the city
commission. Any alleged violator shall also n:ceive the results of any investigation and shal1 have
the opportunity to rebut the findings, if necessary, and submit any written material in defense to 1be
city commission. The city commission may reprimand, censure, suspend or prolnbit 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: 47-00/01
DATE,08/01/01
COY OF MIAMI BEACH
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone or silence.
(a) Contracts for the provision of goods, services, and oonstruction projects other than audit
contracts.
(I) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP''), request for
qualifications ("RFQ"), request for letters of interest ("RFLr'), or bid between a potentia1
vendor, service provider, bidder, lobbyist, or consu11ant and the city's administrative staff
including, but not limited to, the city manager and his or her staff, (b) any communication
regarding a particular RFP, RFQ, RFU, or bid between the mayor, city commissioners,
or their l~ve staffi;, and any member of the city's adminislrative staff including, but not
limited to, the city manager and his or her staff; (c) any communication regarding a
particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder,
lobbyist, or consul1ant and any member of a city evaluation and/or selection committee;
and (d) any communication regarding a particular RFP, RFQ, RFLI or bid between the
Mayor, City Commissioners or their respective staffs and any member of a city evaluation
and/or selection committee. Notwithstanding the foregoing, the cone of silence sball not
apply to competitive processes for the award ofCDBG, HOME, SHIP and Surtax Funds
administered by the city office of conununity development, and communications with the
city attorney and his or her staff.
(2) Procedure.
a. A cone of silence sball be imposed upon each RFP, RFQ, RFLl, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid AI the time of imposition of the
cone of silence, the city manager or his or her designee sball provide for public
notice of the cone of silence. The city manager sba1I include in any public
solicitation for goods and services a statement disclosing the requirements of this
division.
b.
The cone of silence sba1I tenninate a) at the time the city manager makes his or her
written reconunendation as to selection of a particular RFP, RFQ, RFLI. or bid
to the city commissioll, and said RFP, RFQ, RFLI, or bid is awarded; provided,
however, that following the Manager making his or her written recommendation,
the cone of silence sball be lifted as relates to communications between the Mayor
and Members of the Commission and the City Manager; providing further if the
city conunission refers the manager's recommeodation back to the city manager or
staff for further review, the cone of silence sba1I continue until such time as the
manager makes a subsequent written recommendation, and the particular RFP,
RFQ, RFLI, or bid is awarded or b) in the event of contIaCts for less than $25,000
when the city manager executes the coniIllcl.
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(3) ExceptiOllS. The provisiOllS of this O!rlirutnN'! sball not apply to: (a) om1 CQI11111lmi~1JIlS at
pre-bid conferences; (b) oral pmP"tatiQDS before evaluatioo committees; (c) eooIract
discussiOllS during any duly llOticed public meeting; (d) public p""""bItinr1s made to the city
commissioners during any duly noticed public meeting; (e) 1.MlIl..:t negotiatiOllS with city
staff following the award of an RFP, RFQ, RFLI, or bid by the city commission; or (f)
COOlIIlIIIIicatiOllS in wriling at any time wi1h any city emplO)'Ql, official <r IlICIIIber of the city
commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid
documents; or (g) city commission meeting agenda review ~ between the city
manager and the mayor and individual city commissioners where such matters are
scheduled for consideration at the next Commission meeting. The bidder, proposer,
vendor, service provider, lobbyist, or consultant sball file a copy of any written
00IIIIIIIJDicat wi1h the city clerk. The city clerlc sbaIl make copies available to any person
upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prolnbition on: (a) any conununications
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 administrative staff including, but not 1imited
to the city manager and his or her staff, (b) any oral connnllllication regarding a particular
RFP, RFQ, RFLI, or bid between 1he mayor, city commissioners or their respective staffs
and any member of the city's administrative staff including, but not limited to, the city
manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ,
RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant
and any member of a city evaluation and/or selection committee; and (d) any
connnllllication regarding a particular RFP, RFQ or bid between the Mayor, City
Commissioners or their respective staffs and any member of a city evaluation and/or
selection committee. Nornrithstanding the foregoing, the cone of silence sball not apply to
cormnllllications with the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence sball 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 sball provide for the public notice of the cone of silence. The
cone of silence sball tenninate 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, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that
following the Manager making his or her written reconunendation, the cone of silence sball
be lifted as relates to connnunications between the Mayor and Members of the
Conunission and the City Manager; providing further if the city commission refers the
manager's reconnnendation back to the city manager or staff for further review, the cone
of silence sball continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or b) in the event
of contracts for less than $25,000 when the city manager executes the contract.
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(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider,
lobbyist, or COIISU!tant (I) from making public presentations at duly noticed pre-bid
CODferences or befoo: duly noticed evalualioo committee ~; (ii) from "'W"ll in
CODIlllCt tlisalssioos during any duly noticed public meeting; (iil) from englIging in CODIlllCt
negotiations with city Sla1f following the awanl of an RFP, RFQ, RFU, or bid for audit by
the city oommissioo: IX" (iv) from communicating in writing with any city employee IX" oflicial
for purposes of seeking clarification or additional infonnation Iiom the city or responding
to the city's request for clarification or additional infonnation, subject to the provisions of
the applicable RFP, RFQ, RFU, or bid documents. The bidder or proposer etc. shall file
a copy of any written communication with the city clerk. The city cleIk shall make copies
available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service
provider, consultant, or other person or entity from publicly addressing the city
commissioners during any duly noticed public meeting reganling action on any audit
conlIaCt. The city manager shall include in any public solicitation for auditing services a
statement disclosing the requirements of this division.
(c) Violationslpenalties and procedmes. A violation of this section by a particular bidder, proposer,
vendor, service provider,1obbyist, or consultant shall subject said bidder, proposer, vendor, service
provider, lobbyist, IX" COIl5IIitant to the same procedures set forth in, Division 5, entitled "Dt:bwu.eill
of Contractors from City Work; shall render any RFP award, RFQ award, RFLl award, or bid
awdld to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and
said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for
any RFP, RFQ, RFLI or bid for a contrnct 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 and/or selection committee. In addition to any other penalty provided by law,
violation of any provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has personal
knowledge of a violation of this division shall report such violation to the city attorney's office IX"
state attomey's office and/or may file a complaint with the county ethics conunission.
(Ord. No. 99-3164, I, 1-6-99)
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SECTION 2. CODIFICATION.
It is the inteotioo of the Mayor and City Commission of the City of Miami Beach, and it is hereby U1daiu.xi
that the provisions of this ordinat1a'! shall become and be made part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renwnbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held
invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance.
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect on the
adoption.
day of
. 200 I, which is 10 days after
PASSED and ADOPTED this
day of
.2001.
Mayor
ATfEST:
City Clm
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ORDINANCE NO %~3134
AN ORDINANCE OF THE MAYOR AND Cl1Y COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER %, ARTICLE VI,
ENTITLED "PROCUREMENT", BY CREATING DIVISION 5. ENTITLED
"DEBARMENT", SECI10NS %-397 THROUGH Z-406 OF THE CODE OF THE
CITY OF M1AMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF
CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY;
CODlFlCATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - ''Debannent ofContIactors
from City W oIk" reading as follows:
Division 5. Debarmen1 of contractors from City walk.
Section %-397. Purpose of debarment.
(a) The City shall solicit offen; from, award contracts to, and consent to subcontractors with
respoIlS1ble contractors only: To effectuate this police, the debannent of contractOIS from City wOIk
may be Wldertaken.
(b) The serious nature of debwment requires that this sanction be imposed only when it is in the public
interest for the City's protection. and no1 for purposes of punishment. Debarment shall be imposed
in accordance with the procedures contained in this ordinance,
Section %-398.Defmitions.
(a) Affi1iates. Business concerns. organizations, lobbyists or oIher individuals an: afIiIiates of each other
if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third
part controls or has the power to control both. Indicia of control include, but an: not limited to. a
fiduciary relation which results from the manifestation of consent by one individual to another that
the other shall act on his behalf and subject to his control, and consent by the other so to act;
inlerIocking management or ownership; identity of interesIs among fumily members; shared fiIci1ities
and equipment; COl1Ullon use of employees; or a business entity org>mi7en by a debarred entity,
individual, or affiliate following debwment of a contractor that has the same or simi1ar management,
ownership, or principal employees as the contractor that was debarred or suspended
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(b) Civil judgmmt means a jlJ<lgJnPnl or finding of a civi1 offense by any court of dlll~ jurisdidion
( c) Contractor means any individual or other legal entity that:
(I) Directly or indirectly (e,g. through an affiliate). submits offers for is awarded" or
reasonably may be expected to submit offers or be awmded a City CODIlact, including, bit
not \imited to vendors, suppliers, providers, Bidders, Propo5ers, consul1anl5, and/or design
professionals, or
(2) Conducts business or reasonable man be expected to conduc1 business. with the City as
an agent" representative or subcontractor of another contractor.
(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) Debannent 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 (j) below: a
contractor so excluded is debarred.
(f) Debannent 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 debannent,
(g) Preponderance Greater weight of the evidence means proof by infonnation that, compared with
that opposing it , leads to the conclusion that the fact at issue is more probably true than not.
(h) 1ndic1ment means indic1ment for a criminal offense. An infonnation or other filing by competent
authority charging a criminal offense sha1l be given the same effect as an indictment
(I) Lega1 proceeding means any civil judicial prlJC"t"1ling to which the City is a party or any criminal
proceeding. The term includes appea1s from such pJ:CV'PPiling,<:.
(j) List of debarred contractors means a list compiled, maintained and distributed by the City's
Procw-ement Office. containing the names of contractors debarred under the procedures of this
ordinance.
Section 2-399. List of debarred contractors.
(a) The City's Procwement Office. is the agency chaIged with the implementation of this <>Idina1re
shall:
(I) Compile and maintain a cum:nt. consolidated list (List) of all contractors debarred by City
departments, Such List sha1l be public record and shall be available for public inspection
and dissemination;
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(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 Connnissione2s:
and
(3) Included in the List sbaI1 be the name and telepbone number of the City official responsible
for its l)"Iaintenan<-.e and distribution.
(b) The List shall indicaIe:
(I) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory or
regulatory authority;
(4) The effect of the debarmen1 acfun;
(5) The tenninalion date for each listing;
(6) The contractor's certificate of competence or license nwnber, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of contact in the department recommending
the debannent action.
( c) The City's Procuremen1 Office shall:
(I) In accordance with intemal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award contracts
to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that reconunended the action,
Section 2-400. Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solici10ffers
from award contracts to, or consent to subcontracts with these contractors unless the City Manager
detennines that an emergency exists justifying such action. and obtains approval from the Mayor
and City Commission, which approval shall be given by 5nths vote of the City Commission at a
regularly scheduled City Commission meeting. Debarred contractors are also excluded from
conducting business with the City as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401. Continuation of current contracts.
(a) Canmencing on the effective date of1his orrlinaro-P. all proposed City contracts. as well as Request
for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI).
or bids issued be the City. sball incorporate 1his ordinance and specifY that debarment may
constitute grounds for tennination of the contract as well as disqualification from consideration on
any RFP, RFO. RFLI. or bid.
(b) The debarment sball take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-40S(h) below. except that if a City department has contracts or
subcontracts in existence a1 the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract subject to approval of same be Sntbs vote of the
Mayor and City Commission at a regularly scheduled meeting.
( c) City departments may not renew or otherwise extend the duration of cwrent contract or consent
to subcontracts with debarred co~ 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 contractoI's control and such action is approved by Sntbs vote
of the Mayor and City Commission at a regularly scheduled meeting.
(d) No further wotk shaI1 be awarded to a debarred contractor in connection with a continuing contract
where the wotk is divided into separate discrete groups and the City's refusal or denial of further
wotk under the contract will n01 resul1 in a breach of such contract
Section 2-402. Restrictions on subcontracting.
( a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the City
Manager detennines that an emergency exists justifYing such consent and the Mayor and City
Commission approves such decision by snths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses incurred by
a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a)
above, provided the subcontractor was debarred prior to bid opening or opening of proposals,
where the contract was awarded be the City pursuant to an RFP, RFO, RFLl, or bid.
Section 2-403. Debarment.
(a) The Debannent Committee may, in the public interest debar a contractor for any of the cau;es listed
in 1his ordinance using the procedures outlined below. The existence of a cause for debarment
however, does not necessarily require that the contractor be debarred; the seriousness of the
conlIactor's acts or omissions and any mitigating factors should be considered in making any
debarment decision.
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(b) Debarment constitutes deballllellt of all offiCfZ5, directors, shareholdf:rs owning or controlling
twenty-five (25) percent of the stock, paIlneIS, divisions or other orgl'"i7Mional elements of the
debarred contraetor, lIII1ess the debarred decision is limited by its terms to specific divisions,
orglITli7Miooal elements or COOlIIIOdities. The Debarment Commi1Ille's .w.;.;,.., includes any existing
affiliates of the contractor if they are (I) specifically named and (n) giV\:ll written notice of the
proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject
to the Debarment Committee's decision.
( c) A contraetor's debannent shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contraetor for a conviction or civil judgment,
(I) For conunission of a fiaud or a crimina1 offense in connection 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 funds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, ilrgery, bribery, fu1sification or destruction of
records, making false statements, or receiving stolen property;
(4) Which makes the City the prevailing party in a legal prIX"-ning and a court detennines that
the lawsuit between the contrnctor and the City was frivolous 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 preponderance the greater weight of the evidence, for;
(1) Violation of the tenns of a City contract or subcontract or a contract or subcontract funded
in whole or in part by City funds such as failure to perfonn in accordance with the terms
of one (1) or more contracts as certified by the City department administering the contract;
or the failure to perfonn or unsatisfuctorily perfonn in accordance with the terms of one (1)
or more contracts, as certified by an independent registered architect engineer or general
contraetor;
(2) Violation of a City ordinance or adminisuative order which lists debarment as a potential
penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor in
performing City work.
Section 2-405. Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a Ciy Department or by a citizen-at
large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for
debarment, the City M.anager shall transmit the request to the Mayor and City Commission at a
regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person
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or peoons who sball be charged by the City ConnniWon with the duty of promptly investigating
and preparing a written report(s) concerning the ~ debarment, including the cause and
grounds for debarment as set forth in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager sball forward said report to
the Debarment Committee. The City's Procurement Office sball act as staff to the Debanneol
Committee and, with the assistance of the City department person or persons which prepared the
report present evidence and argument to the Debannent Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on beha1f
of the Debarment Committee sball issue a notice of proposed debarment advising the contractor
and any specifically named affil;~t~. by certified mail return receipt requested, or personal service
containing the following infonnation:
(I) That debarmen1 is being considered:
(2) The reasons and causes for the proposed debarment in tenns sufficient to put the conlracIor
and any named affiliates on notice of the 00Dduct or transaction( s) upon which it is based;
(3) That a hearing sball be conducted before the Debannent Committee on a date and time not
less than thirty (30) days after service of the notice. The notice sball also advise the
contractor that it may be represented by an attorney, may present docwnentary evidence
and verbal testimony, and may cross-examine evidence and testimony presented against
it
(4) The notice sball also describe the effect of the issuance of the notice of propo5ed
debannent, and of the potential effect of an actua1 debarment
(d) No later than seven (7) wOlking days, prior to the scheduled hearing date, the contractor must
furnish the City's Procurement Office a list of the defenses the conlIactOr intends to present at the
hearing. If the contractor fails to submit the 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 sba1l have
waived the opportunity to be beard at the hearing. The Debarment Committee bas the right to gr.mt
or deny an extension of time, and for good cause, may set aside the waiver to be heard a1 the
hearing, and its decision may only be reviewed upon an abuse of discretion standard.
(e) Hearsay evidence sball be admissible at the hearing but sba1l not fonn the sole basis for initiating
a debannen1 procedure nor the sole basis of any detennination of debannent The hearing sba1l be
ttanscribed, taped or otherwise recorded by use of a court reporter, at the election Committee and
at the expense of the City. Copies of the hearing tape or ttanscript sball be furnished at the expense
and request of the requesting party.
(f) Debannent Committee's decision. In actions based upon a oonvictim or judgment, or in which tbfIe
is no genuine dispute over material facts, the Debannent Committee sball make a decision on the
basis of all the undisputed material infonnation in the administrative record, including any
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undisputed, material submissioos made by the contIador. Where actioos are based on disputed
evidence, the Debarment Committee shall decide what weight to attach to evidence of recoro,
judge the credtbility of witnesses, and base its decision 00 the prepondeoance greater weight of the
evidence stmdanl The Debarment Committee shall be the sole trier of fact. The Committee's
decisioo shall be made widrin ten (10) working days after conclusion of the bearing, unless the
Debarment Connnittee extends this period for good cause.
(g) The Conunittee's decision shall be in writing and shall include the Committee's filctual findi~> the
principal causes of debarment as enwnerated in this ordinance, identification of the contractor and
all named affiliate: affected by the decision, and the specific lem1, including duration, of the
debarment imposed.
(11) Notice of Debarment Connnittee's decision.
(I) If the Debarment Conunittee decides to impose debannent, the City Manager shall give the
contIactor and any named affili.tes involved written noIice by certified mail. return receipt
requested, or hand delivery, widrin ten (10) working days of the decision, specifying the
reasons for debarment and including a copy of the Connnittee's written decision; stating the
period of debarment, 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 involved, by certified mail. retum receipt requested. or personal service, widrin ten
(10) working days of the decision.
(i) All decisions of the Debarment Connnittee shall be final and shall be effective on the date the notice
is signed by the City Manager. Decisions of the Debarment Connnittee are subject to review by
the Appellate Division of the Circuit Court. 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 widrin the sole discn:tion of the Debarment Committee.
Debarment shall be for a period commensurate with the seriousness of the cause(s), and where
applicable, widrin the guidelines set forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall apply except where mitigating or
aggrnvating circumstances justify deviation:
(I) For commission of an offense as descnbed in subsection 2404(aXI): five (5) years.
(2) For commission of an offense as described in subsection 2404(aX2): five (5) years.
(3) For commission of an offense as described in subsection 2404(aX3): five (5) years.
(4) For commission of an offense as described in subsection 2404(aX54): two (2) to five (5)
years.
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(5) For cnmmi...ioo of an offense as described in subsections 2404(b)(1) or (2): two (2) 11> five
(5) years.
(c) The Debanneol Committee may, in its sole discretion, reduce the period of debannent, upon the
contractot's written request for reasons such as:
(l) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debannent was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debannent was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons for requesting a
reduction in the debarment period, The City's Procurement Office, with the assistance of the
affected department sha1l have thirty (30) days from receipt of such request 11> submi1 written
response thereto. The decision of the Debarment Committee regarding a request made under this
subsection is final and non-appealable.
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. CODlFlCATION.
It is the intention of the Mayor and City Conunission of the City of Miami Beach, and i1 is hereby ordained
that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be remnnbered relettered 11> accomplish such intention,
and the word "ordinance" may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of orclimtlreS in conflict herewith be and the same are hereby repealed.
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect on the 3rd day of Marc!!,2ooo.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
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Sec. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) General.
(1) No per.iOIl who is a vendor to the city shall give a campaign contribution directly, or tbrougb a
member of the per.iOIl'S immediate liunily, or tbrougb a political action committee, or tbrougb any
other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor
or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall solici1 or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the person's inunediate fiIIniIy, or through a political action
committee, or through any other per.iOIl on behalf of the person. This prohibition applies to natural
persons and to persons who hold a controlling financial interest in business entities.
(2) A fine ofup to $500.00 shall be imposed on every person who violates this prohibition. Each
act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a
separate violation. All contributiOllS received by a candidate in violation of this paragraph shall be
forfeited to the city's general revenue fund.
(3) A per.iOIl who directly, or through a member of the per.iOIl'S inunediate liunily, or through a
political action committee, or through any other per.iOIl makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 months
following the swearing in of the subject elected official fiom transacting business with the city. This
prohibition on transacting business with the city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a A "vendor" is a per.iOIl who transacts business with the city, or has been approved by the city
commission to transact business with the city, or is listed on the city manager's approved vendor list.
b. A "contribution" is:
1 A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of
value, including contributions in kind having an attnbutab1e monetary value.
2A transfer of fimds between political committees, between committees of continuous existence,
or between a political committee and a committee of continuous existence.
3.The payment, by any person other than a candidate or political committee, of compensation for
the personal services of another person which are renden:d to a candidate or political committee
without charge to the candidate or committee for such services.
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DATE: 08101101
ClIY OF M1AMI BEACH
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4.The transfer of funds by a campaign treasurer or depI1y campaign treasurer between a primary
depository and a separate interest-bearing account or certificate of deposit, and the tenn includes
any interest earned on such account or certificate.
(b) Conditions for waiver of prolubition. The requiranenls of this section may be waived for a
particular ttansaction by city commission vote after public bearing upon finding that:
(I) An open-to-all sealed competitive proposal bas been submitted and the city official/done bas in
no way participated in the detetmination of the bid specifications or bid award;
(2) The property or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such p'OV<;rty or services wi1hout entering in1D a transaction which woold violate
this section but for waiver of its requirements;
(3) The business entity involved in the proposed transaction is the sole souoce of supply within the
city; or
(4) An emergency conttact must be made in order to protect the health, safety or welfare of the
citizens of the city, as detemrined by a five-sevenths vole of the city commission. Any grant of waiver
by the city commission must be supported with a full disclosure of the subject campaign contribution.
(c) Applicability. This section shall be applicable only to prospective transactions, and the city
conunission may in no case ratify a transaction entered into in violation of this section.
(Ord. No. 2000-3244, ~ 1,5-10-00)
BID NO: 47-00/01
DATE: 08/01/01
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