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Bid No 23-00/01 '-) , ! INVITATION TO BID SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF BID NO. 23-00/01 BID OPENING: APRIL 13, 2001 AT 3:00 PM Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 BID NO. 23-00/01 DATE: 3/13/01 CITY CLERK , ~ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hltp:\\cI,mlami-beach.lI.ua PROCUREMENT DIVISION Telephone (305) 671i-7490 Facsimile (305) 673-7851 CITY OF MIAMI BEACH INVITATION TO BID NO. 23-00/01 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 13th day of April, 2001 for: SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF Scope of Work: This Project is for the supply and installation of a maintenance coating system for the Police Station Concrete Roof and Exterior Walls located at 1100 W ashington Avenue, Miami Beach Florida. The work requires the application of a Geo-Guard 2-Coat Urethane Maintenance Coating System by Republic Powered Metal, (Or Equal) over approximately 28,000 slf of existing concrete decks over the City of Miami Beach Police Station. This application will consist of a twelve (12) Year Water Intrusion Warranty with no exclusions for ponding water. Additionally, the work requires a SolarGuard Hy-Build I-Coat Acrylic Coating System by Republic Powered Metals, (Or Equal) for approximately 13,000 slf of existing walls, which will include a ten (10) Year Water Intrusion Warranty. Sealed bids will be received until 3:00 D.m. on ADril13. 2001, at the following address: City of Miami Beach, City Hall- Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Any response received after 3:00 p.m. on April 13, 2001, will be returned to the bidder unopened. The responsibility for submitting bids before the stated time and date is solely strictly the responsibility of the proposer. The City is not responsible for delays caused by mail, courier service, including U.S, Mail, or any other occurrence. A Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 10:00 a.m. on March 27, 2001, at the Police Station located at 1100 Washington Avenue, Miami Beach, FL 33139. BID NO. 23-00/01 DATE: 3/13/01 The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one-hundred (100%) percent of the contract amount. The Bid package is available by calling DemandStar.com at (407) 975-3227 and requesting Document #233. The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid. The City of Miami Beach may reject any and all bids, You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. Requests for additional information or clarifications must be submitted in writing to my attention, and may be forwarded via facsimile to: 305-673-7851, Any questions or clarifications conceming this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than 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 form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE Thank you, Gus Lopez, CPPO Procurement Director BID NO. 23-00/01 DATE: 3/13/01 I -, -. , , '. THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Southern Coast Enterprises. Inc. as Principal, hereinafter called the Principal, and International Fidelity Insurance Company a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Miami Beach as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5%) OF PROPOSED BID-Dollars ($ -5%-), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, the Principal has submitted a bid for Miami Beach Police Station - Roof Coating NOW. THEREFORE, if the Obligee shall accept the bid of the Pnncipal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good fanh contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 13th day of April, 2001 / SOUTHERN COAST ENTERPRISES. INC. (Seal) ~'~ ( (Title) - --, --r " fi 'f - (Witness) hN~~P ness) CE COMPANY 1 PnnIed in :cc~ .......,'MII'IIt'le~ InIbtI.M dM:hiteCll; (AlAI by' CANF&O CANF&O 'iOUChUlIwtlhe~ .,thisclclc::UMnlccnarmsexxtlytoltle~ UMd nAJAOocunIM'tIAJtO Bid 8Clnd . AlA. FtIbrUa-y 197Q ED. THE AMERICAN "STITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D. C. 2OIJ06 '1' tel,(973)6~7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEW ARK CENTER. 2aTH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BONDIRIDERlCONSENTSlAFFIDA VITS Jt/lIOW ALL MVI8Y THIS! PIlESEl'mI: Tho&II'ITEIINATIONAL fIDELITY INSURANCE COMPANY, . corpc>nIioa ocpoi>ed.... w.a.c law. of.... sw. of N.w J....y. sad haviDl iIs pciacipoI oIIice ill die Cily of N.wart. N.w J....y. does .....by c:auIiDIIe sad q>paiot BRETT ROSENHAUS. HI~E STEVENS. ROY HAY. ~EVIN WOJTOWICZ. CHARLES J. NIELSON. CHARLES D. NIELSON Miaai Lake., FL. iu lnIe aDd lawful Ulom~Y(SrUl-(act to execute, seal &lid deliver for a.a.d OD lis behalf as surety. or aad all hoods ud uDdertakinp, cocacu of ~nuady aad OIbcr wricia.ls obtisuory LD the UlUre thereof. which are .,.. may ~ aDowd,_required or penniaed by law, stalUrc, rule. fClulalioD, coacna or ochcrwise iacludiD.l aay &ad au COQ#D.lS for the release of retained percCDtagCJ and/or. fiuJ cstiraaus 08 caeiaccriac aDd couuuctioa co.traces required by the Department of T~OD. Stak of Rorida. aDd me cxccutioa of such. iDStruInCI1I(S) III punuaace of these preseGlS. sbaIl be u biadiol upoa dac Said INTERNATIONAL FIDELITY INSt'RA..'JCE COJ\olP.~W, .., fully aDd. amply. to all JDteat.s and purposes. as if the same bad bee. duly c:u~d aDd actDowledj:cd by ics rcJUb.rly ~1eCU'd officers at its principal office. nus Po....er of AaorD~is executed. ud may_ ~ revoud. ~CS\WIi lO aad by authority of Article 3.Stctioa 3. of the 8)::uws adopc.ed by die Board of Directors of 1NTER.."iA TIONAL FIDELITY INSURANCE COMPAAY at a m.:etinc called aDd held aD the 7th day of February. f97~. TM PresicLeD.( or any Vice Presidnt. Executive Vice Presideat. Secretary or A.WstaDt SecreW'y. stull have power and .wdtority (1) To appoiac AllOrD.~ys.ia~fac:l. aod to aulltol'iu them (0 ex,ecub! OD behalf of lit" Co~y. aad attach the Seal olthe Company cb.!relO. boads aad uaderi.akina:s. coa.uacu of iD<<kma.iry aac1 Cllbter wriliDp obligatory ill the UDJ.re thereof aDd, (2) To remove. at any time. any such aa.o~y-in-fact aad revou the aut.bority givea. Furtboer. lhiJ Power of Anomey is signed ~d scaled by facsimile p.ll'SU&DI. to resolutioa of the Board of Directors of said Company adopCed at a meetiaa: duly ca1kd aDd beld OD the 29th day of Apnl. t 982 of w6.ic:h the followa: is a true excerpt: Now lberefoR the JigaatureJ of :Neb officeu aad tM seal of the Compaoy may be affIXed (0 any such power of ano~y or aay certifiak: relariag dlcretO by facsimile. &ad any Nch power of aIlOfDey or certificate bcariD.I such fac:nrtlik signatures or facsimile seal .shall be valid and biDding ~ the Compaay and any sudl power so exc:cu~d and certific:d ~y fa.c3imile signatures and facsmule Jul shall ~ vatid. and bmdiol upoa ~ Company in the fwure with respect to &DY hoDd or undertaking [0 wNch it is aaacbcd. IN TESTIMONY WHEREOF. I:'o'TER.';A nONAL fIDELITY INSURANCE COMPA.'iY has cawed dlis illsttu..... 10 be sig~ and Its COrplralC seal to be affixed by its authoriud officer. this 31st day of Aulusl. A.D. 1998. STATE OF SEW JERSEY Couoty of Esux Oa dUs 31s( day of August 1998, before me came the individual who executed tbc~c~diD~i~meat. 10 !DC prersoaally uowa. ud, beiq by me duly SWOfll, said the h,e IS th,e th,ereiD d,e.scnb.ed and authorized officer of the J::'lITE~~ATIONAL FlDELrrY INSlJItANCE COMPA..'iY: dw the seal affixed to said ia.suurneD( is th,e CorporaL: Seal of said Company; rhar. me said. COrpora.le Seal aad his siaaatur,e were duly affixed by order of the Board of Diceclon of said Company, IN TESTIMONY WHEREOF. J bay. 11<......., set my baad affixed my 0IIiciaI Seal. ar. the City of Newark. New Jersey die day and year fust above W~B. ~"-~,,~ A NOTARY PUBUC OF NEW JERSEY My C_ &piRs Noy. 21. 2005 CERTIFICA nON l. die u...."i&..d officer of INTEIlNATIONAL Fl&ELrrY INSURA1'olCE COMPA.'iY do l1<..by cenify dlal I hay. compared die f....po& copy of die Power of Anoracy aDd affidavit, aod me copy of the Sectioa of the- Bj'-uWJI of said. Compuy as set fonh ill said Power of Altomey, willa tbe ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, aad. that the .same are correct transcripts tbcreof. and of the wboJc of the: said oripws. &ad dw the said Pow,er of Auomty has D.O( beeD. revolted aa.d is BOW in full force u.d effect April, 2001 -#(~tr~~ IN TESTIMONY WHEREOF. I ban b.....D'" set my baad :iW 13 t h day of Assistan( Secre:wy f CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.ft.us PROCUREMENT DMSlDN Telephone (305) 87~7490 Fe.limile (305) 87~7851 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.8 June 8, 2001 Supply and InstaUation of a Maintenance Coating System for the Police Station Roof is amended as follows: I. Replace Proposal page 2 of 5 of bid document with ATTACHMENT I from Addendum 7. Prospective bidders are required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ;./') ~/ ?_.;' ~.r- ~/ I" __- I / " ,-,.- I Gus Lopez, CPPO Procurement Director je BID No. 23-00/01 BID PROPOSAL FOR SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF PROPOSAL PAGE 2 OF 5 All bid items shal1 include costs for furnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The Contractor shall be Substantially Completed with the Work within forty-five (45) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within sixty (60) calendar days after the date when the Contract Time commences to run. Supply and Installation of a Maintenance Coating System for the Police Station Roof: LUMP SUM: $ Written Amount Add Alternate I (Crime Lab Roofing -1,536 sq. ft.) LUMP SUM: $ Written Amount Contractor Cost for Materials (Coating Product(s) Only) TOTAL: $ (For Informational Purposes Only) BID NO. 23-00/01 DATE: 6/8/01 CITY OF MIAMI BEACH ATTACHMENT I - (Amended) 5 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 hUp:\\ci.miami-beach.ftus PROCUREMENT DMSION F.e.lmll. (305) 673-7851 Telephon. (305) 673-7490 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.7 June 8, 2001 Supply and Installation of a Maintenance Coating System for the Police Station Roof is amended as follows: I. The foUowing are Questions and Answers as a result of the Pre-Bid Conference held on May 30, 2001. 1. Q. Does the Helipad painted on the roof; require the coating system over it? A. Yes, however the repainting is not part ofthis Scope of Work. Repainting of the helipad will be done at a later date. 2. Q. On the high roof there are pipes and pipe supports sitting in pitch pans. Should all the pipe supports be removed and replaced before coating with the Maintenance Coating System? A No. The City will not remove and replace them at this time. 3. Q. Are the concrete roof decks included in this bid? A. Yes (Please see Drawings) 4. Q. There is a smaU concrete deck on the northeast comer of the facility. Is this concrete roof deck and walls included in the bid? A. Yes. (Please see Drawings) 5. Q. There is a canopy concrete roof deck on the east side of the building. Are the wa11s and concrete deck included in this bid? A. Yes. (Please see Drawings) Page 2 Addendum 7 6. 7. 8. 9. Q. What exterior vertical wal1s are included in this bid? A. All exterior parapet walls, iDcludiDg aU l' surface OD top of parapet walls to the edge of exterior parapet waUs. All vertical walls OD the fifth floor should be covered from the base of the roofl' higb. Q. Do all hurricane shutters need to come off to do the worlc and then placed back when finished? Is this part of the work? A. (Yes.) The CODtractor will be required to iDform tbe City's' Property MaDagemeDt Director or desigDated represeDtative, aDd make the arraDgemeDts Decessary regardiDg aDY aDd all obstructions tbat would impede tbe proper applicatioD aDd/or compromise tbe required warraDties. HurricaDe sbutters, ceiliDg faDS, aDd any otber items/equipmeDt removed by tbe CODtractor, must be re-iDstalled completely iD tbe curreDt"as is" conditiou, aDd in a workiDg (operatioDal) order. Q. Are current National EP A regulations for V.O.c. content, required for coatings being enforced for this project? A. Yes. The City requires that all national, state, county and local regulations be adhered to on any and all City of Miami Beach projects, including EP A regulations. Q. Is the purpose of providing/adding sand to the coating, required in order to provide a non-skid profile or to achieve the Class A Fire Rating? Since some coatings have waterborne and have fire rating without the addition of sand, are they still required to add sand as specified? A. As this is a waterproof coating for a solid concrete deck where fire rating is of little concern, the sand's primary function is for skid resistance. 10. Q. The warranty in the specifications states a "leak free warranty". Is this a material warranty only, or labor and material warranty? A. The Warranty is to cover all workmanship (labor) and all materials required for the completion of this Project. II. Clarification: Lightning Rod The Lighting rod must be taken off to do the work. The contractor must re-instal1 the equipment and have the system re-rertified before the City will accept the completed worlc for final payment. When reinstalling, the Contractor shal1 keep the connections lower on the parapet walls to stop the concrete parapet walls from spaUing. Page 3 Addendum 7 III. Add ALTERNATE 1: Crime Lab Roofing (ATTACHMENT 1- Amended) Approximate Square Footage: 1.536 Please add sum to Attachment 1, (proposal Page 2 of 5 - Amended). Prospective Bidders are required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH /-. ':f/ ,/ / .P /--.;'~ /- /' - , ,~- c_, I. Gus Lopez, CPPO Procurement Director Ie A TT ACHMENT I - Proposal Page 2 of 5 (Amended) BID No. 23-00/01 BID PROPOSAL FOR SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF PROPOSAL PAGE 2 OF 5 All bid items shal1 include costs for finnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The Contractor shall be Substantially Completed with the Work within forty-five (45) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within sixty (60) calendar days after the date when the Contract Time commences to run. Add Alternate I (ATTACHMENT I, Amended) LUMP SUM: $ Written Amount Supply and Installation of a Maintenance Coating System for the Police Station Roof: LUMP SUM: $ Written Amount Contractor Cost for Materials (Coating Product(s) Only) TOTAL: $ (For Informational Purposes Only) BID NO. 23-00/01 DATE: 5/22/01 (Amended) CITY OF MIAMI BEACH 5 CITY OF MIAMI BEACH 1700 CONVENTION CENTER ORIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fI.us PROCUREMENT DMSION TeMphono (305) 873-7490 FacaimUo (305) 873-7851 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.6 June 5, 2001 Supply and InstaUation of a Maintenance Coating System for the Police Station Roof is amended as follows: I. The Bid Opening date is changed from June 7, 2001 to June 15,2001 at 3:00 P.M. II. Subsequent addendum will have answers from faxed in questions and pre-bid conference/site visit. Bidders are required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH /'/' "",9 /~...~,..- ,/. /' - I " -~-- I. .....- Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIOA 33139 http:\\ci.miami-beach.fI.us ~ PROCUREMENT DMSlON Focoimilo (305) 673-7651 Telephone (305) 873-7490 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.5 May 22, 2001 Supply and Installation of a Maintenance Coating System for the Police Station Roof il amended as follows: I. The Bid Opening date is changed from May 25, 2001 to June 7, 2001 at 3:00 P.M. II. A Second Pre-Bid Conference/Site Visit is scheduled for May 30, 2001, at 10:00 a.m. at the Police Station, located at 1100 Washington Avenue, Miami Beach. Fl. 33139. III. Drawings of the Miami Beach Police & Court Facility are available. Prospective Bidders must request these drnwings in writing to the Procurement Division @ (305) 673-7851. (Drawings will be available at the Pre-Bid Conference.) IV. Prospective Bidders should not be required to submit/complete a credit application with the Manufucturer and/or Distributor of the specified Coating Material( s). Prior to the execution of the subsequent contract, the contractor will be required to provide Payment Bonds (along with the Performance Bonds) in the amoWlt of 100% of the total contract amoWlt. V. The Scope of Work is as stated in the Bid Documents, Prospective Bidders must submit questions regarding the Scope of W O1X to the Procurement Division in writing. The City will not address questions regarding the Scope of W O1k with the Manufacturer of the specified material/products. VI. There is a concrete pad in the cooling tower area on the main roof that has motors for the elevator. Because there is no way to determine whether there are cracks in the slab or areas of water intrusion under the steel housing, The Manufacturer (RPM) will warranty the concrete pad, however the warranty will not cover the area under the steel housing. VII. Replace: Proposal Page 2 of 5 (Amended) Bid No. 23-00/01 Addendum 5 Page 2 vm. Questions and Answers. Q. What color of the Geogard Maintenance Coating is required for this Project? A. White. Q. What is the estimated square footage of this Project? A. As stated in the Bid Documents, this project includes approximately 28,000 square feet of concrete decks, and 13,000 square feet of existing walls, however it is the Contractors' responsibility to estimate and/or verify the size and scope of this project. Q. Will the City accept "Equal(s)" coating product/material to the specified Republic Powdered Metals, Geogard Maintenance Coating System and the Solargard Hy-Build Maintenance Wall Coating? A. The City will consider "equal( s )", however the Contractor must provide detailed specifications of said "equal" with the bid submittal. The "equal" must meet or exceed the specifications of the product/material, and Warranty of the product/material requested in the specifications, or the bid may be considered non-responsive. Attcb: Proposal Page 2 of 5 (Amended) Prospective Bidders are required to acknowledge this addendum to be deemed responsive, CITY OF MIAMI BEACH /'/' ? ~/-/ ,,---:- //"--- ( .:....-... ! Gus Lopez, CPPO Procurement Director Je BID No. 23-00/01 BID PROPOSAL FOR SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF PROPOSAL PAGE 2 OF 5 All bid items shall include costs for finnishing to the City all material, equipment, and supplies and for all cost incurred in completing the work, including installation of all materials, equipment, and supplies fiunished, complete in place and ready for continued service, including all tie-in work and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. The Contractor shall be Substantially Completed with the Work within forty-five (45) calendar days .A__ ,:Lo. ..J_..~__L__ ..L_ ,...__........_ _.. "'T":__ _ ________ _,_... _~_ .~ _~------'---1---.J . .~...s::..t r lJ 1 , CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.ft.us PROCUREMENT DMSION Telephone (305)673-7490 F.csimile (305) &73-7&51 INVIT A nON TO BID NO. 23-00/01 ADDENDUM NO.4 May 9, 2001 Supply and InstaUation of a Maintenance Coating System for the Police Station Roof is amended as follows: I. The Bid Opening date is changed from May 11,2001 to May 25, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH /,-, r / /-/ /<-" , ". /'~- t " -...- I -' Gus Lopez, CPPO Procurement Director Je CITY OF MIAMI BEACH '700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fI.us PROCUREMENT DMBION Telephone (305) 173-7490 Facsimile (305) 173-7151 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.3 April 30, 2001 Supply and InstaUadon of a Maintenance Coadng System for the Police Stadon Roof is amended as foUows: I. The Bid Opening date is changed from May 3, 2001 to May 11, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH //' ~ ~/.,,/ ,- /' - " .'~- v I" Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us PROCUREMENT DMSION Telephone (305) 873007490 Facsimile (305) 873-7851 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.2 April 19, 2001 Supply and Installation of a Maintenance Coating System for the Police Station Roof is amended as follows: I. The Bid Opening date is changed from April 20, 2001 to May 3, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ~, ~ ~/"'/ " /'.- r t....--- I" Gus Lopez, CPPO Procurement Director je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fI.us PROCUREMENT DnnSroN Telephone (305) 873-74110 Fecelmlle (305) 173-7151 INVITATION TO BID NO. 23-00/01 ADDENDUM NO.1 April 10, 2001 Supply and InstaUation of a Maintenance Coating System for the Po6ce Station Roof is amended as foUows: I. The Bid Opening date is changed from April 13, 2001 to April 20, 2001 at 3:00 P.M. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ~, 9' .~;:~: I .;:..-..... I, Gus Lopez, CPPO Procurement Director je .,. ...." . ~ r" . BID No. 23 ..1 BID PROPOSAL fOR SUPPLY AND INSTALLfTlON OF A MAINTENANCE COATING SYSTEM FOR THE POllCE STATION ROOF PROPOSAL PAGE 1 OF 5 PROPOSAL OF "- ~\.J+~J " COC\:;- Crrt'u -( ( ,'-j" S (Name) , ;'1)( 1)9 C1.h'ud Sf ~J-" __I- 334-1../ J (Address) , (FOR) CoostnlCting the improvements desi8""Mt1 and described in the atta.":hed Notice to Cootractors, md which said Improvements are designated as the SUPPLY AND INSTALLA.TlON OF A MAINTENANCE COATING SYSTEM FOR THE POllCE STATION ROOF and more particularly set forth herein. :)'j:l, ~LJ \~ S-f, SUBMlTIED ,Um.t. I 0) 2O~1 L TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that 110 penon or persons, firm or corporation other than the undersigned, are interested in this Proposal, as priDcipals, and that this PIOfl<l-l is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfactioo pmnined the attached Notice to Contractors, General Provisions, SpecificatiOllS for Materials md Construdion Methods, Supplementarj Conditions, and fonn of Contrad and Bond, together wilh the ~ying Plans, aud that weluM: made a full ~....,;nodino. of the loc8tion of1be pfOIIOIlCd Work and the sources of supply and materials, and we hereby agree to furnish all imp1emms, machinery, equipment, transportation, tools, materials, supplies, labor, and other things IleC""ffW)' to the proseclJtion and compIetionof1be work, fully1.wdc..d....di118 that the quantities shown in 1be Notice to CouIractors and Proplsod are approximate only, and that we will ful1y complete all neC'e&!II')' work in IIlMndowce with 1be Plans and the attached Specificabons, and the requirements under them of 1be Engineer within the time limit specified in this Proposa1 for the following llllit prices to-wit BID NO. 23-eI/lI1 DATE: 3113111 _ _ _. _ _ ,'~_'H. _~_. ,_ ... \/1,1.... .J JI~ I" " V... BID No. Z3-IM1 BID PROPOSAL FOR SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POUCE STATION ROOF PROPOSAL PAGE 2 OF 5 All bid item<> shaIJ include costs for furnishing to the City all 11IlIkri1l. equi",..erf. and supplies and for all cost incurred in completing the work. including installation of all materials. equipment. and supplies fianished complere m place and ready for continued sernce. including all ti~in work and testing, all other labor, perrrut fees. taXes. msurance. miscellaneous costs. overhead and profit The ConlraCtor shaU be Subslllntially Completed with the Work within forty-five (45) caIeodar days after the date when the Contract Time commences to nul as prOVIded m paragraph 2.3 of the General COndItlOns. and completed and ready for final payment m accordance with paragraph 14,13 of the General Conditions within sixty (60) calendar days after the date when the Contract Time commences h.) run. Suppl)' and Installation of a Maintenance Coating System for the Police Station Roof: LUMP SUM: $ 15, 2>00- ~" / ON!. HIANDA~D flJ~ ~ TMtU:J~ 7JJ.N-€.- In.,,J~- ----------------------- Written Amount Add Alternate 1 (Crime Lab Roofing - 1,536 sq. ft.) LUMP SUM: $ 4762.-"'/1 Fo'Jh ~~ ~~ U~ 'r~ Written Amount ) /Ill? . Contractor Cost for Materials (Coating Product(s) Only) Tar AL: $ IfbOJtJ6'L-"3f) (For Informational Purposes Only) BID ","0. 23-00/01 DATE: (,/8101 CITY OF MIAMI BEACH ATTACHMENTI-(Amended) s JIll) Jlle. 23 IMI BID I'IlOP08AL lOR SUPPLY AND INSTALUTlON OF A MAINTENANCE COATING SYSTEM FO. THE POUCE STATION .OOF PROPOSALPAGE30F5 , ..v1n~ ~ A),MI ~~.. i- ZoIICJ' Jl \ -. '. ~ 0-- - ADDENDUM ACKNOWl...nr.1lftNT A~ ~ t\A.tJ ~ ,..111 ;4. ~ F. ~ ~DENDVMDATED SlGNATURE~~F '!f!!$!~~U t.Jm- -, , '-j-:tocl ;f- . f- No. J M,o/:uJOI I '_ ~~ I No. '1.- iU'Jj.!J.DO' < \..{)~"j ~. '~"vJ.I- 3 161 'lPD1 lC. 41\. , J. ~~ No. 1# ~ II( '-Ill..<L, u.t f, ~\'LJ2>b4 /WO. 6 ~.'l-'l..'-O~/'" ~lCL.~t { I~ Bidder accepts all of the terms and conditions of the Biddi!lg Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all i.cv.~dCiltatiODS required by the Instructions to Bidders and further warrants and represents that: a. Bidder has examined copies of all the Bidding Docwnents, the Notice to Contractors., the ProposaI Requirements and Conditions, and the following Addenda (m:eipt of all which is hereby acknowledged): b. Bidder has familiarized itselfwith the nature and extent of the Contract Documents, Work Site, Locality, and all Local Conditions and LaWll and RcpIatioos lbat in any manner may affect cost, progress, performance, or furni..hing of the Work. c. Bidder has studied carefully all repor1S and drawings of subsurface CODditions and drawings of physical conditions which are identified in the Suppk4le4taiy Conditions as provided in Paragraph 42 of the GeneraI CooditiOllS, and accepts the determination set forth in Paragmph SC42 of the Supplementary Conditions of the extent of the tecbDical data contained in such ,cvu,b and drawings upon which Bidder is entitled to rely. d. Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such CIJlminAtioDs, investigations, explorations, tests and stodies (in addition to or to supplemeot those referred to in (b) above) which pertain to the subsurface or physical conditions lit the site Ill" otherwise may affect the cost, progress, pgbuWlce Ill" furnishing of the Worit at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents,jDC!uding specifically the provisions of Paragraph 42 of the GeneraI Conditions; and no additional examinations, investigations, explorations, tests, ,.:ports or similar information Ill" data are Ill" will be required by Bidder for such purposes. BID NO. 23-8M1 DATE: 3/13101 CITY 01' MIAMI BEACH , .... Me. 23 ... BID PROPOSAL lOR SUPPl.Y AND lNSTAlL4710N OF ..4 MA1N7'BNANCE COATlNGSYSldl FOlI. THE POUCB sr..4TION ROOF PROI'OSAL PAGE" OF 5 e. Bidda- bas mriewed and ~ lIIl iDfilnnatioo and dala sbown or intlv-..ted in the Cootract Documents willi Ie..~ to ~cit1g UDda..uWMl Facilities at or c:ooliguoas to the site and assumes responslbility for the accurate l<M:8tioo of said Underground Facilities. No additional ~""';lUInons, investigations, explorations, tests, repor1S or similar information or data in respect of said Uoo..'lI'uuud Facilities are or will be requiJed by Bidder in order to perform and furnish the Wark at the Contract Price, within the Cootract Time and in 8C4:OI'dance with the other tenDs and conditions of the Conttact Documents, including specitical1y the provisions of Pazagraph 4.3 of the General Conditions. f. Bidder bas correlated the results of all suc:h observatioDs, enminatiOllll, investiptions, explorations, tests, reports and studies with the tenDs and c:ooditions of the Contract Documents. g. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Bidder. FlRM'S NAME (PriIItor Type):,Si",)hJ fr""\ Ccfi..:,1 f,)u-.t:f-iS, JfL SIGNATURE: '-1')': iTr:',,-<-+ r ~-l TITLEIPRlNTED N~: \---\C'J1~(1_ j- ~,b l.C.( f<. C-- ADDRESS:-;l'j'?::, ~.~ It,'s+hLt J)~, L_:c' fuHh, 1L :33'-i--.J( TELEPHONE NUMBER:g5'4-49..t-:I,") 11. FAX: 'is-J - 4){.;- ")Cf~<, BID NO. 23-tlIr'01 DATE: 3/13181 CITY OF MIAMI BEACH 7 PROI'OSAL PAGE 5 Of 5 The 1IIIdenigaed fiIIthr:r .... to _iluu .IlOo i "IlxtIa Wed.", . pmvided filr ill die ('-I IIId SuppINw--.....7 PaCl.iIioaIlIId to ~ die wll....'bed ~... wiIbin.. (10) ............days afta- die dale 00 which die Ndice of Awud hu been gM:o. The UIIlieniped limber aar- to y .......,....e wodt IIIIlIer Ibis CoaInIct widIin __ (7) days tbDowioa tbe due iDdic:atIlld ell die Notice: to Proceed by tbe City IIId to SuNI...i"lly Complete tbe Work 8Dd to fully 8Dd FiDaIIy Complete tbe Work with tbe Gdk.,;t Tillie period as otipnl-.f in tbe ~ The 1IIIIIeniped fiIrtber agrees to pay as 1iquid8ted ......... for each ooosecutive c:aleodar day that passes after die Contract Substantial CompIetioo dale that tbe Wark is DOt substantially completed, and for each consecutive ""t..vhor day that )l8lIIIeS after tbe Cootmct Final Completioo elm: 1bat tbe Work is DOt completed and ready for final payment, the tnnnImn of liqrtiMtM dAm...,.. being as stip'ol-.f in the Agnleme.d. The IIIIdenigned further agrees to furnish sufficient 8IId satisfactory bond in the sum of not less than (100%) one-hundred percent of the contract price of the woIt. The undersigned further agrees to bear full cost of maintaining all work until tbe final accepIance, as provided in the General Provisions. V Accompanying this Pl~ is a Bid Bond made payable to 1he City of Miami Beach, Florida in the ;;A). /hoWl~ T/I~.e... ~ TU'I ~ Dollard S? 0 0"" I 0 Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted. the undersigned shal1 l8i1 to execute the attached Contract 1IIIdcr the cooditions of this Proposal; otherwise, said Bid Bond is to be mumed to 1he undersigned upon 1he delivery of Satisfactory Bond. Signature &: Title '--f'i~~d { ht l'-A5L1 I Pr" r, cL_ J Address 2'7310'G j-'>::-S"t" J':'lU(; it' P:b'-" , FL ::;S::>'lJ,-, I TeIephoneNumbe/154- UJ~ 33 ,2. BID NO. 23-08IlIl DATE: 3I13/ll1 CITY OF MIAMI BEACH . U~/~~/LUU~ ~J;J~ J.3J"t"t~O;)"t.)U UU! . . CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIANlIlEACH. FLORIDA 33139 hn,,:'.or,t.mi"mi.f'NNIr.h.fl.LI" NOCUREMENT DMSlON T_ (MS) '73-7_ '_11<: (JOS) 17).7151 INVTrATIONTORIDNO.1.1-ftMlI ADDENDUM NO.1 April 10, 2MI Supply and Tn!danlltinn uf a Maintenance Cuating System fur the Pulice StaticHl RINIf j" amended as tollows: T. The Bid Opening date i~ changuI frum April 13,2001 tu ^pril20, 2001 at 3:00 P.M. 1IJ.1SJ1Ulch as tills changc docs 1101 materially aftc..'1 tile bid do<.'"UIllelU, proposers arc llOt ltq1liro:I 10 ""knowledge this addell<ll.O'll to he deemed resp.ms;ve (YLLS r All"'''. ('pro l'n",uremenl Direct".. IC ~':~~\ \tV (yO' , It' * r/~' ~t' f\ ;O~ ) " J ~& \'('If! ~J CITY 01 MlAMl13EACU "CITY OF MIAMI BEACH 1700 COHVENTlOH CENTER DRIVE. AlIANI8EACH. FlDRIO" 33'39 1'tttp:\\ci.mia--.ch.l.ue ~u~_ T."hone (3I6l a7).7'- F_11IlI1e (10$1 1n-7IS1 INVrrATION TO BID NO. 23-IMl ADDENDUM NO.2 AprIl 19. _1 Supply and 1nIt-."fion of a MaIntenance Coating System for the Police Station Roof i; amended as follows: I. The Bid Opening date is changed from April 20, 2001 to May 3, 2001 at 3:00 P.M. Inasmuch as this change does not maIeriallyaffect the bid dccument, proposers are not required to acknowledge this addendum to be deemed responsive Gus Lopez. CPPO Procurement Director JC ~cv y ~ I y ? CP CITY OF MIAMI BEACH u....~v..JVu... ., , CITY OF MIAMI BEACH 1100 CONVENTION callER DRIVE, MIAMI BEACH. FLORIOA 33139 hUo:\\ci.m..mi~Ch.ft.ua PllOCU_T ~ INVrrA110N TO BID NO. 23-tMI1 TII..ttou (MIl 1n.7.. '_10 (1051173-1151 ADDENDUM NO.3 AprI30, ZtOI Supply and Installation of a Maintenance Coating System for the PoIke Station Roof i; am:nded as follows: I. The Bid Op-ning date is changed from May 3, 2001 to May II, 2801 at 3:00 P.M. Inasmuch as this change does not malerially affect the bid document proposers are not required to acknowledge this addendum to be deemed responsive, Gus Lopez. CPPO Procurement Director Je ,-0 f(') J, cJ1 {}-?J j1fI' .~ CITY OF MIAMI BEACH " 'c I T Y 0 F M I A M I B E A C H 1700 CONVENTION CENTER DRIVE, M,,wl BEACH, FLORIOA 33139 http:\\ci.m.mi-be."'.tI.U' PROCUReMeNT lll-.clOl T . . ......(....n-7.. F_1e (305,173-7151 INVITATION TO BID NO. ~1 ADDENDUM NO.4 May 9, 1801 Su~' and IIIItaIIation of a MaiDteRaIlce Coating System for tile Police Station Roof i; amended as follows: I. The Bid 0peniDg date is cblUlged from May 11. 2801 to May 25, 2001 at 3:00 P.M Inasmuch as this change does not rnatenally affect the bid documenl proposers are no! required to acknowledge this addendum to be deem:d responsive, CITY OF MlAMl BEACH ~( V" l! y.:F' Gus Lopez. CPPO Procurement Director Je MAV-2S-2001 FRl 10:21 AM QNVIA,COM FAX NO. 2063738961 ~. U~ ., , CITY OF MIAMI BEACH '700 CONVENTIOII CENTER oRlV1!, ........ BEACH fLOR'o.o. 33139 nllp:\\CI.lTIiamiobeach.h.UI ~ PROCUREMeNT DMSIOH Fauh"". (305)113-7"1 T...pIo.... 1305'ln-7'" INVITATION TO BID NO. 23-00101 ADDlo:NDUM NO.5 Ma)' 22, 2001 SUIJpl) and Installation of a Maintenance Coatinc System for the I'olice Station Roof i; amended lIS follows: 1_ II. III. IV. The Bid OpaWlg date is changed fiom May 25, 200110 .Iulle 7, 2001 at 3:00 I'.M. A Second Pr~.Hid ConfclcncelSlle Visll is schedulcd for May 30, 20tl1. at 10:00 un. al the Policc Stalion.located at 1100 Wamington Avenue, MIami Beach. F1. 33139, Drawings of the Miami Beach Police & Court Facility arc availabk, Pl"o!opt.'Ctivc Bidders musl requcsl these dnlwillgs in wntUlg to the Procwem<:nl DIVISion @ (305) 673- 7851 ' (Drawings will be available at the Pre-Bid Conference.) I'rospeL"live Bidders should not be required 10 SUbllll"";l~te_a_ cred)1 applical10n with ~IC ManufacluM and/or Distributor o[the specified Coatulg Maicrial(s), Prior 10 the execution of~lC !oubsequenl contract, thto conlrdctor will be lequoed 10 provide PaymClltllonds (along with lhe Perfonnance Bonds) in the aH\o1UlI of 100% of the IOlal conlract HJIlOlUlt. V. The Scope of Work is as stated in the Bid Docwncnl< Pro>lleelive Bidders must suhllJlt questions I'eganiing the Scope of Work to tile Procurcmelll Division in wrihng, The City will not addn.'$.> ques11011.< regarding the Scope of Work WltI, tile Manufacturer of Ihc >'jJCcifiC<l maleriaVl'roducL< VI. There IS a concrete pad m the cooling lower ;lrea on the nlllln roof that has 11101011; [or tile elevator. Because therc is 110 way to detennine whethcr then' ;n'c cracks in Ihe slab or an:as of waleI' inll\lsiolluu<k:r the steel housmg, Tht: Manufacturer (RPM) will walTllnty the L"OIIcrL1e pad, howevel' tlie warranty will not cover the area under tlte stce; h(US~a; Replace: Proposal Palle 2_ or 5 (Amended) ~ro n (..,'r- ~~~'~ VU. . CITY OF MIAMI BEACH , 100 CONVENTION CENTER DRIVE, 1oIIAMIBE..CH, FLORID" 33'3. httP\\cl_maami-beach fI.u$ PROCUREMENT DIVISION T.~one(a'6)'73.741O Foeollnn.. (305)173-7151 INVITATION TO BID NO. 23-00191 t-. ADDENDUM NO.6 June 5. 24101 Supp~' and Installation of a Maintenance Coating System for the Police Station Roof t' amended as loUows: 1. The Bid Opening date is changed from June 7, 2001 to June 15, 2801 at 3:00 P.M. ,- II. Subsequent addendum will have answers from faxed in questions and pre-bid conference/site visit. Bidders are reqwred to acknowledge this addendum 10 be deemed responsive ( Try OF MIAMI BEACH Gus Lopez, CPPO Procurement Duector ,Ie , .))~ ~\.,\r- 1\ ,v .J\lIH.IlC~1l (.!,.VIII ....11..1 t,,a U.ldlll.. Ul:Gl.ll ... \lU v.. ~ ~,,.... ,. . , , CITY OF MIAMI BEACH 1/00 CONVENTION CENTER ORIVL..AWl BEACH, FLORIDA 33139 hUp:\\Ci.mi'mH>>e.ch.tI.us ~ROCURUIIENT D1VlIlOH F.cslmUe (305) 173-1151 l...pttone (30') 1730-1.... INVITAUON 'm BID NO. 23-4MW1 ADDENDUM NO.7 June 8.2001 Supply and Installation of a Maintenance Coating System for the Police Station Roof t; amended as follows: I. '!be tilllowing are Questions and Answers as a result of the Pre-Bid Conference held un May 30, 2001. 1. Q. DJes the Helipad pa1ll\e(1 on the roof: reqwre the cwtmg ,)'stem over II" A. Yes. however the repainting is not part of this Scope ofWurk. Repainting of the helipad will he done at a later date. 2. Q. Un the high mol' there are pipes and pipe ,uWol1S Silting m pitch JBns Should all the pipe support, be removed an<! replaced befure coatmg with the MaIntenance (wtmg System" A lIoiu. 'Ibe Cit)' will not remove and replace them at this time. 3, Q. Are the <:OIlLTele mol' decks U1Cluded m this bid" A. Yes (Please see Drawings) 4. Q. Tlue IS a small <:OR.Tete deck on the northeast LUmer of the facility, Is this <:oncrele mol' deck and wall. II1Cluded m the bid" A. Yes. (Please see Drawings) A. There IS a aII1I.lJ'Y ~'UICfele I\JOf <krl. un the east sick: of the building, Are the ,",311s and <:oncrele deck II1Cluded m this bid" (A.~ \'es. (Please see Drawings) 7 ~- j'v.~ ft(;; V 5. Q. ,~ ..........uC~" [1UlM "I.l,.~ U1 OJ.IIIl1. DCdl,i! U'UO.Y1 j J'~ ~ ~ Ul... CITY OF MIAMI BEACH 1/00 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33' 39 hUp:\\ci.m............ch. ..us PROCUREMENT llMllON T~no{3I61.~1... f.calmUe (305) 113-7151 ~NVlTAllON TO BID NO. 23-00101 ADDENDUM NO.8 June &. 2001 Supply and Installation of a Maintenance Coating System for the Police Station Roof t< amenderl a< foUows: 1. Replace Proposal page 2 of 5 of bid docwnent with A"ITACHMEl'o~r I from Addendum 7. Prospective bidders are required to acknowledge thi.< addendum 10 be deemed responsive cln: OF MIAMI BEACH ~ ..~ v) '. Gus Lopez. CPPO Prucurernen.l Direclor .Ie MAV-25-2001 FRl 10:22 AM ONVIA.COM FAX NO, ~ObJljij~bl r. UJ , . Rid No. 13-00It1 Acldeadum 5 PIIC 2 VIII. Questions Ind Allswers. Q. What color ofthc Geogard Maintenance Coating is required lor this Project? A. White. Q. What is the eslunated square foolllge of thi~ Project? i\. As SlalOO in the Hid Documents, this projcct includes approxim.1lely 28,000 square feel of conerete decks, and 13.000 square feet of eXISting walls, howe,er it IS lhe Contr.4Clors' responsibility to estim8lC and/or verily the sue and scope of tillS projccl. Q. WiU the City accept ''Equal(s)'' cOOling prudlleVmaterial to the speeifJe<1 RepubliC I'ow,lered Metals, Gcogal'd MaintaJancc Coatmg System and ~IC Solarganl (ly-Build Mainlenance Wall CoalUlg? A. Theeity will consider "t:qual(s)", however the ConrraclOrlnllst pl'Ovlllc del<u1ed spccilic.11i0l1.< of 5.11d "equal"' With thc bId submittal, -I he "equal" IIlllst meet or exceed thc >pccific;]liolls of the product/malerial, and Wamnly of the prOOUCIIll1lllerial requesled illlhe ~pccilicalion.<, or tIu: bid may be considered non-reSpOtlSlVe, Atlch: .'ropo..' PaKe 2 oC 5 (Amended) Prospective Uidders arc required to acknowledge tlus add.:ndulll to be deemed n:sporu;lve CITY Or MIAMI BEACH ,?~:~..<: ........~~.. .... -- (i'L< I,opez, ("PPO Pracllrctllent Director JC .' ,STA~ OF FLORIDA, ' . . i . Q EPARTJENTOF . BUS I NESS :AND PROFESSIONAL. R-=GULKrIDN . CONST ~INDUSTRY ~LICENSING :BOARD 'I! 7960 ARLINGTON EXPRESSWAY S TE 300 "ACKSONVI~, FL3ZZU-n61' I I I (90~)1721-6530 BARRETT. CHARL ES ALLEN" SOUTHERN-COAST ENTERPRISES.INC Z73,NW-1ST STREET OEERFIELD BEACH FL'33~~1 ." , '~a!~lE,OF,f!-!',RID.A~, . ~.,A ci';IS~S;7.~:i!,Il- , ,. .QRfMiiBJ' ~crr""'NESgA!!p't:; " .lWf.ES.s ,S AP~DN_.~3i-:.: ~~_,:r~3i.~~~t~i.~'~ [CERTIFIED~i'-~81 ~rCTO'n." , ~~~'w':;rfS~~C; , ~);$ / C~=, PF!~..o.~.,.....~~a1a...!89, ~~ .11-" ~-. _"'" 1ll:1~""'! ...... 'l/!!"-";', .ftl"l..\-."'t ..,.. IE '. QUG~bjtizOO~h<<f ..,.i' ".." ~. ~.. ~'-;..~ It .1, ...~ -i"~-, ........ ......." ',;I'I '.~of <<~. .;~.q- t .., t ::: ...... ~ tll tIl n ... 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'ri.t if; ':":1'::" " "::~ ~:",,:,:,:"", ':'.':. .~:;:r D.-~:i1... .~.;~:. .>.:.:..... .~.':....}j:..':;...<. \ ....].. <.; ~8"'~': . . ,i}3!f~:(,i~:;; '''$~;c .:. " '),.', c' (i)' c rn -i 10 _m "-> 8:, .... ." .'. -,.' " ',..' .," ,.,.: ..... .J.: l~.-':'. -,:,'.'.'"-.,.,. ", ....: ..~.'- " " ;.~,:~- ~ ." 'C THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA EQUAL EDUCATIONAL OPPORTUNITIES OFFICE MINORITY/WOMEN BUSINESS ENTERPRISE DIVISION E/:u;" ce,,{ij'i= thut Southern Coast Enterprises, Incorporated /zas>sllCCc.ifu/{tfmef; the- l'elfuiN?mellt.ifor cer(!/'i<xuiolb [!8la6u:r/zed qy/ tile- J' clloot [lJO{lI.{t if [lJ1'OW{tl'{t 6oullf!//> gr Iol',;d{!/ vffu/Ori{!JJ1fJ omell/ [lJu.rille&r/ (Jlllel'/.JI',;re- [lJw,;riolb us> U/ (all) White Female (WBE) August 30, 1999 13!7~ (lJa/b 7007-2314-95(BIC) (]ert5"WaLioR/"/y ttm6U' ~\'\-0-I'\'~ y J'/w-k&JllooeMo/b, fNitJ- (lJ~r August 29, 2001 &:rj.iraLioR/ 0ak> Sent By: SOUTHERN COAST ENT.; 954 428 5430; Jun.19.01 4:58PM; Page 111 , IIITIlPAlln. IlIc. <X:CCl!lC)I&1 273 N.W. 1stStnlet I o.rtIeIcI Beach. F10tIda 33441 I (954) 42&3312 I (800) 585-5132/ Fax ('954) 428-50130 lUDIl19,2001 CilyofU"--1J .. ~ DiwilioD. 1100 CoJa-A._ Ceater Drive MilmiB- ". FL 33139 A1TN: Mr. JobDEIis RE: Bid -~l Police Station Dear Mr. Ellis. N per}OW Iea:a' dated June 19, 2001, _ will UIC JIIIItcriBIs -~ by RcpuhIic r"......cd Mdab their ~d System IIDd. the cost of materials fOr the ~ prod1Ict will be $88.711.00. T. CbicfE......9f "Committed to Quality ud Exc--ll.. 1i'~.,v.w' ----...- .....-------......- CONTRACI'OR'S QVU'I'IONNAIU NOTE: w~ n- ~..RI.~IIJLlIlJT..tIIII"f......1 ...-":IrcU....a1l ...... 18-4.... ..IlK r" k _w_~.., be",1 1w........ -.{..... "- awud .,.... .... ~hmitled to The ~ IIId ~iaino of tile City of Miami Beach, Florida: By .~ I..JI.-.u-f""\ ('rYi'b-t er;:~ I I tv Principal Office .?13 f'} uJ I ~5-\T.2..d:.- )) nr-CieJ d .Au J f"L 3~1 , How many years bas yoI!l" OlglII'i'7>1tion been in business 18 a Geoeml COIItIactor 1IIIder)OUr present business name?~~ Does )\lUI' orpni7Rhon have ClllImt ocx:upatiooallic:enses entitling it to do the wad contemplated in this Contl'lU:t? ...J '/2 '1,,y State of Florida occupationalliceuse . Slate type and number: tee 25 tl+ '5 I Dade County c:ertificate of competeIK:y - Slate type and aumber: City of Miami Beach occupatiOlllllicel!Se - slate type and nlDDber: Include copies of Ibove licenses and certificates with proposal. How many years experience in similar work bas )'Or ~!7"tion bad? (A) As a General Contractor '1 I., ,_ 1'-- (8) As a Sub-Contractor · What conlrllcts bas your Ol'g1"'i....tion completed? Contract Amt Class of Work When Completed Name/Address ofOwncr Have }'OIl ever bad a contract tami........! (as prime contractor or sulH:ontractor, UDder existing company name or another company name) due to fiIilure to comply with conIrlIc:tual specifications? hD If so, where and why? Has any officer or partner of ~ OlJP'ni....tion ever firiled to complete a cons1luction contract bandIed in his own name? n U If so, Slate name of individual, name of owner, and reason tbermf Bm NO. Z3-4MI1 DATE: 3113101 CITY OF MIAMI BEACH , In wbIt olbcF linea 01-';--.. are)'Oll finlDcially...~ .\Ied ell' -Pr'? riy'VL- Give n:fb._ u to ~ieDce, 1billiy,IIId fh-. i8l......"""'a \VhlIt ~ own tbat is avaiIIbIe lOr die m WOJk~ 10 C ~ " ~ pu..l~ +ru..r.k ; , 1--6 f'rI'rq ~ -€~" ~ '111 What Bank or Banks have )'UU IIlTBIlpi to do h...n-. with duriDg die COlII'IIC of tbe ContnIct sbould . .. ....... .. ~' (~(~ftlu~t ~~~u, Please list tbe names and addresses of the subc:ontractors to be used for the portions of tbe work listed below. I HEREBY CERTIFY that the above answers are tnJe and correct. '-1,liJ."j-.,-t ( ljJ",',,-.c,~ (SEAL) (SEAL) BID NO. 2J.IMIl DATE: 3113/81 CITY OF MIAMI BEACH t. SUPPLY AND INSTAI.LATlON OF A MMNTBNANCE COATING SYSTEM FOIl THE POUCE STATION llOOF CUSTOMDlIlD'EUNa LIS'I1NG Cuab...1ur's IbaI1 fbmish die ~ Iddmm. aad le~ m....'-I of. minimum offuur (4) finna or govenunaIt 0IJIl""-u- for which die Coub....k.a is cumndy fbmiohin, or has fiunidwl. mmit.r services. I) CompanyName ~ fur.h ~ - D\ clj 5o~ Address =531:' ~Q. L :0 rl.l.rL... '.K d , LL)P 6. ~, R 3 3~ Contact Person :i3.lJ I k.. n..L~f TelephoneNumber 5LPI..? 3~ . ~i.c'l 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number 4) Company Name Address Contact Person Telephone Number BID NO. ~1 DA"i"E: 3113.'11 ;:>0(+ ).~ht"-\-'-r 1~5C flIt( Uc\yL FtLd.d 3331&/ AJ l.v, K cu., C qs~... 5 '),3- 3L}"td ~ - \ I I L.\- 1-+:' I '-,~ ',Cd 1 dlJiiD Ht:\ l,,)ulrJnd ]\\vl, t-l-t1\~\"":0C" I r-L )7)\1\ ~(rnp. q5LJ - q.:U - 3~SY Ll ~ ~ Nc,{ I~ \vLj nil .p {). 6c--t (c ) 7J ~'+ I N )'Yt.t 6...rK... ) JL n 33dG I t1J,.rZ.hlL\'-(()j ~t :~f'6 - <<q3 - G5 I J CITY OF MLUIJ BEACH 11 AGREEMENT THIS AGREEMENT made this day of 19_, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF" by said City, do hereby mutually agree as follows: I. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2, The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within forty-five (45) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 12 sixty (60) calendar days after the date when the Contract Time commences to run. 3.2 Damages - City and Contractor recognize that the City will suffer direct tinancialloss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No.1, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars (5200.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars (5200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. ' The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 13 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $ /I'~IY..,.:::;),CO ~ /1/10:/01 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 h the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name, 8Du..~ ~(L i::[rJt:" (SEAL) Contractor CITY OF MIAMI BEACH [~ By Mayor ~tS; tkn-{ Title ATTEST: ~~ ~cwk- City Clerk BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 14 APPROVED 1>$ TO FORM & LANGUAGE & FOR EXECUTiON 4~ I (r2- ~O 1.- O~te PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the _ day of , 19_, entered into a certain contract with the City, hereto attached, for BID NO. 23-00/01, Entitled, "SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POLICE STATION ROOF" which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 15 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (I) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided bylaw. BID NO. 23~0/01 DATE: 3/13/01 CITY OF MIAMI BEACH 16 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of . 19 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (power of Attorney must be attached) BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 17 CERTIFICATES AS TO CORPORATE PRINCIPAL I, . certify that I am the Secretary of the Corporation named as Principa1 in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing bOGY. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 19_ A.D, (Attach Power of Attorney) Notary Public State of F10rida- at-Large My Commission Expires: BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 18 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, . as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (I), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated by reference. . between the City and Principal is made a part of this Bond Claimants are advised that Section 255,05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 19 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Ins'urance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 2B CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of , 19_A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My commission Expires: BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 21 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. 1. The contractor shall be responsible for his work and evety part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. 2. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: 1. 2, 3. 4, 5. 6. 7. BID NO. 23-00/01 DATE: 3/13/01 Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability, Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. CITY OF MIAMI BEACH 22 8. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. 9. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. 3. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold 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 amount of $ 1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. BID NO. 23.00/01, "SUPPLY AND INSTALLATIONOF A MAINTENANCE COA TING SYSTEM FOR THE POLICE STATION ROOF", The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. I, The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier, 2. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. 4. All policies issued to cover the insunince requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 23 5. The contractor will secure and maintain policies of subcontractors. All policies shal1 be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. 6. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. 7. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. 8. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 24 INI1JtiNa CDCK LIlT xxx I. Wodcen'O-\....,._~ IIId ~'. T i_hijjaypertbe ~...........ilimlllloftbe.....of F10ridL 2. Q,"'i"~ GeDeIa\ T.i.hi1ity (.................. bm),IimiflIGflilbility $1,000,000.00 per \ _ ................... fur bodily iDjury I'l......n>' dam-r to include 1\--' =11 ~..d.....; ProduclB IIId C~ Opemioaa; ~"""'I c..........; Broed Form P.....,ny 1)... . F.ocIoIw.......llll11d <A.ub-w Tn4.._..., (Hold harmless eudonement euct1y u written in "iDBuraIK:e requ;.r...~.I.. of specifications). XXX 3. Automobile Liability - $IOO,OOO.00IS3OO,OOO.00 - S50,OOO.00 each occum:ucc - ownedlnOll-OWDlllllhim ..ltoo1obi1es included. XXX 4. Excess Liability - $1,000,000.00 per 0CCUIreIIl:e to follow the primary coverages. xxx S. The City must be named as and additiooal insured on the liability policies; and it ... be stated on the c:crtific:ate. 6. Other Insurance as indicated: _ Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 _ Protection and Indemnity $ .00 _ Employee Dishonesty Bond $ .00 _ Other $ .00 xxx 1. 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 IIUIJIber and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications liIId that evidence of Ibis insurmce may by requiml within me (5) days after bid op-ing . ~:lO,dN./r. CC4.l>+ fri::, ~lL~ f ~\.AO' :r Bidder Si' of Bidder BID NO. 2J.a/lI1 DATE: 3/13111 CITY Of'MIAMI.EACH 25 DMSION 1 General Provisions Section I DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City Commission. 1.3 "Board" - The City Commission of the City of Miami Beach, Florida. 1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida. I.S "City Manager" - Chief Administrator of the City Commission. 1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials furnished and of the work performed by the Contractor. 1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Surety" - The corporate body or individual which is bound by the Performance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. 1.14 "Plans" - The official approved plans, profile, typical cross-section, general cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done, and which are to be considered as a part of the Contract supplementary to these Specifications. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMl BEACH 26 1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach. 1.16 "Specifieations" - The directions, provisions and requirements contained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project under consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govern. 1.18 "Supplemental Agreement" - A written agreement between the Contractor and the City Engineer, covering alterations and unforeseen work incidental to the project. 1.19 "Contract" - The written agreement covering the performance of the work and the, furnishing of labor and materials in the proposed construction. The contract shall include the "Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and Material Bond" also any and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner. 1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract. 1.21 "Payment Bond" - The security furnished by the contractor and the surety as to guaranty that the contractor will pay a claimant. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. 1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the information as to his ability to perform the work, his experience in similar work, and his financial condition as related to his ability to finance the work. 1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the use for which it is intended. A Certificate of Substantial Completion signed by the AlE of Record, the contractor and approved by the City must be submitted in order to consider the work substantially complete. Moreover, the substantial completion shal1 also be linked, for the City's convenience, to the issuance ofa Temporary Certificate of Completion or Temporary Certificate of Occupancy by the Building Official. BID NO. 23-00/01 DATE: 3113/01 CITY OF M1AMI BEACH 27 Section % PROPOSAL REQUIREMENTS AND CONDITIONS %.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact that the estimate of quantities of all work to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not assume any responsibility that the final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. %.% Examination of Plans, Specifications, Special Provisions, and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of these Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the Bidder has made examination. %.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All blank specifications for which quantities are shown must be filled in ink, in both words and figures with the unit price for the item for which the proposal is made. The bidder shall also state the time in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in his own proper person or under a trade or firm name, he shall execute the same under his individual trade or firm name, he shall execute the same under his individual signature and his post office address shall be shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in full the names of the partners and the firm name of the partnership, if any, and signed by one or more of the partners, and the post office address of each of the partners shall be shown. If made by a corporation, the proposal shall be executed by setting out the corporate name in full, followed by a statement that it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address ofits principal place of business shall be shown. %.4 Rejection of Irregular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO. 23-00101 DATE: 3/13101 CITY OF MIAMI BEACH 28 2.6 Delivery ofProposall- Each Proposal must be submitted in a sealed envelope which shall be marked so as to indicate its content and name of Bidder clearly. lfforwarded by mail the above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the date and hour stated in the "Notice to Contractors." 2.7 Withdrawal of Proposals. No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2.9 Disqualification of Bidden - Only one Proposal from an individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the Board that any bidder is interested in more than one Proposal for the work contemplated all Proposals in which such Bidder is interested will be rejected. The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts with the same in force at the time of receiving bids. 2.10 Competency of Bidden - Bidders must be capable of performing the various items of work bid upon. They shall furnish a statement covering experience on similar work, a list of machinery, plant, and other equipment available for the proposed work, and shall Furnish statements of their financial resources as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be rejected. 2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in all respects to the samples submitted. BID NO. 13-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 19 Section 3 AWARD AND EXECUTION OF CONTRACT 3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid. The amounts will then be compared and the results of such comparison will be available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all Proposals and to waive technical errors as may be deemed best for the interests of the City. 3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest responsible Bidder whose Proposal shall comply with all the requirements necessary to render it formal. The award, if made, will be within ninety (90) days after the opening of the Proposals, but in no case will an award be made until all necessary investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract. 3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be returned within ten (10) days following the award 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 amount of the Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be acceptable to the City, and executed on the form furnished. In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond, including both Engineering and Legal services, shall lie against the bond. 3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the City, and return them to the City Engineer. No proposal will be considered binding upon the City until the execution of this Contract. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the work may be re-advertised or may be constructed by day labor, as the City may decide. 3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish certified copies of: Excerpts from the By-Laws; Excerpts from the Minutes or Resolutions of the Governing Body; Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business in the State of Florida BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 30 Semon 4 SCOPE OF THE WORK 4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and acceptable manners, and when completed, shall remove all surplus and discarded material and equipment and leave the site of the Work in a neat, acceptable and finished condition. He shall furnish, unless otherwise provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the Work. He shall maintain the finished Work until its formal acceptance by the City, as herein provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract. 4.2 Special Work - Proposed construction or requirements not covered by these Specifications will be covered by "Special Provisions" and performed or complied with by the Contractor. 4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to make from time to time such alterations in the Plans or in the character of the work as may be considered necessary or desirable to complete fully and perfectly the proposed construction and such alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be performed, and should added or eliminated work be of the same character as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Work as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force Account" Basis given the Contractor. BID NO. 23-00101 DATE: 3/13/01 CITY OF MIAMI BEACH 31 4.5 RemoVlll and Disposal of Structure and Obstructions - The Contractor will remove all obstructions that may come in the way of the contemplated improvements, such as pavements, sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other obstructions encountered either above or below the surface of the ground and dispose of them in such manner as the Engineer may direct. All work prescribed and involved under this heading sball be considered as incidental to and included in the unit price bid for the particular Work in which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any material which is not within the excavation, as indicated, without written authorization from the Engineer. Materials in old structures removed by the Contractor to allow the construction of new structures, and not needed by the City" may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the Contractor as directed by the Engineer. BID NO. Z3-OO/01 DATE: 3/13/01 CITY OF MIAMI BEACH 32 Section 5 CONTROL OF THE WORK 5.1 Engineer IS Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shal1 decide all questions, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working Drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans furnished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any work involving these plans shall be performed. Plans for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of his working drawings with the approved Plans and Specifications. The Contract price shall include the cost of furnishing all working drawings and the Contractor will be allowed no extra compensation for such drawings. 5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations from the approved Plans and working drawings as may be required by the exigencies of construction will in all cases be determined by the Engineer and authorized in writing. 5.4 Coordination of Plans, Specifications, and Special Provisions - These Specifications, the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and provide for a complete Work. In case of discrepancy, figured dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special Provisions sh'l11 govern over both Specifications and Plans. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 33 5.5 Cooperation of Contrador - The Contractor will be supplied with copies of the Plans, Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other contractors in every way possible. The Contractor shall at all times have a competent English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of the Engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the amount of work sublet 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed; also to report whenever it appears that the materials furnished and work perfonned by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under 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 from the final payment. S.7 Inspection - The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. If the Engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 34 5.8 Failure to Remove and Renew Defective Materials and Work - Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications within the time indicated in writing, the Engineer shal1 have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, 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 necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. 5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 35 Section 6 CONTROL OF MATERIALS 6.1 Souree of Supply and Quality of Materials - At the option of the Engineer the source of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work. 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 36 Section 7 LEGAL RELATIONS AND RESPONSmILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance with them. He shall indemnify and hold harmless the City, the Architects and all of its officers agents, and servants against any claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees. 7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed $1,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION Prospective bidders should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate their receipt of future notices of solicitations when they are issued. Potential bidders may contact DemandStar.com at (800) 711-1712 or register on-line at www.demandstar.com. It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. 7.2 Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. 7.3 Patented Devices, Materials, and Processes - It is mutually understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreefilent with the patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether BID NO. 23-00/01 DATE: 3/13101 CITY OF MIAMI BEACH 37 or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, to be performed under the Contract, and shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Work. 7.4 Right of Way - In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.5 Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 38 7.7 Public Convenience and Safety - The Contractor shal1 conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 7.8 Closing Streets - Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shal1 be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shal1 be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inIet.~, gutters, and ditches will not be permitted. 7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosec~tion of this Contract, and in no case will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 39 7.12 Preservation of Property - The Contractor shall preserve from danger all plOperty along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Damage, Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 40 7.14 CoIltractor Responsibility for Work - Until acceptance of the Work by the Board it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereofby the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 Opening of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Legal Rights - The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. BID NO. 23-00101 DATE: 3/13/01 CITY OF MIAMI BEACH 41 Seetion 8 PROSECUTION AND PROGRESS 8.1 Subletting or Assigning Contracts - The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereot: or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond. 8.2 Progress of Work - It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force oflabor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Operations - The work is to be confined, at anyone time, to five squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work and to join his work to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and Equipment - The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 42 All workmen must have sufficient skill and experience to properly perfonn the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have bad sufficient experience in such work to properly and ""ri~factorily perfonn it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 8.S Temporary Suspension of Work - The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work 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 Work and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. 8.6 Computation of Contract Time for Completion of the Work - Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory execution and completion of the Contract shall require work or material in greater value than set forth. in the Contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the Work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal BID NO. 23-00/01 DATE: 3113/01 CITY OF MIAMI BEACH 43 of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 8.7 Failure to Complete the Work on Time - The Work to be done under this Contl'llCt is to be begun on or before the date set forth in the attached Proposal, and sha1l be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of Agreement The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may Jlive notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period often (10) days after such notice shall not proceed in accordance therewith, then the Board sha1l upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 44 the completion of said Contract in an acceptable manner. All costs and charges incurred by the Board, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amount of said excess. 8.9 Termination of Contractor's Responsibility - This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the Board as hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond, and except as provided in Article 7.16 of these Specifications. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 45 Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Quantities - All work completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.2 Scope of Payments - It is understood and agreed that the Contractor shal1 receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement. 9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 46 C For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for Extra Work done on a force account basis. The Contractor's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a fmal settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed Work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment. If the total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied claims. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 47 9.7 Acceptance and Final Payment - Whenever the improvement provided for under this Contract shall have been completely perfonned on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the Board, provided that the Contractor has furnished to the Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record, approved by the City. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 48 Section 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before starting work: the Contractor shall furnish satisfactory evidence that he has complied with the Workmen's Compensation Act of the State of Florida, and any amendments thereto, and al11aws pertaining to the protection of his employees. 10.2 BONDS: Contract Bonds will be required. The Performance and Payment Bonds shall each be in the amount of one hundred (100%) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. 10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. 10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the work provided for under the Specifications herein, shall be assumed by the Contractor and the City Commission and all its officers, agents, employees shall be indemnified and saved harmless therefrom. 10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to become familiar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. 10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. 10.8 LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to protect work already accomplished. Any work that the contractor finds necessary to provide during the above days and times, must obtain written permission from the Property Management Director or designated representative. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 49 SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POllCE STATION ROOF SCOPE OF WORK: The contractor shall provide all supervision, labor, mat..'"I'ials and equipment required for the Supply and Installation of a Maintenance Coating System for the Police Station Roof as follows: A GEOGARD 2-COAT URETHANE MAINTENANCE COATING SYSTEM BY REPUBLIC POWERED METALS (OR EOUAL) TO INCLUDE A 12 YEAR WATER INTRUSION WARRANTY BID NO. 23-00/01 DATE: 3/13/01 . Pressure clean all roof decks to remove dirt, algae, and loose coating to achieve a proper bond. . Apply Permafab 6" Polyester set in Geogard Gray Base Coat (or Equal) per manufacturer specifications to all cracks and 90 degree bends in the concrete deck. . Apply new Durathane Caulking at all expansion joints and control joints as required. . Apply Geogard Gray Base Coat (or Equal) at the rate of three (3) gallons per 100 slf to the entire concrete roof per manufacturer specifications. . Apply silica sand on top of the wet Geogard Base Coat (or Equal) on the main deck only. . Apply Geogard White Finish Coat (or Equal) at the rate of one (1) gallon per 100 slf to the entire concrete roof per manufacturer specifications. . Provide owner (City of Miami Beach) with a minimum twelve (12) year Water Intrusion Warranty with no exclusions for ponding water. .. The Police Station shall remain in a satisfactory operating condition and capable of safely and efficiently perform their required work while contractor is working on this project. CITY OF MIAMI BEACH 50 CITY OF' MIAMI BEACH POLICE STATION CONCRETE ROOFS GEOG~ WATERPROOF' SYSTEM (OR EQUAL) PART 1 - GENERAL 1.01 GENERAL A. This document is intended to provide only general guidelines regarding the application of 1isted materials furnished by Republic Powdered Metals, Inc. These general guideline specifications are NOT intended as project-specific specifications and should not be used as such. The information contained herein may be used, and modified where necessary, by the owner, architect, and contractor in preparing specifications for particular roofing projects. It is the responsibility of the owner, architect, and/or contractor to ensure that these general guideline specifications are consistent with the contractual and construction requirements relating to the project. 1.02 QUALITY ASSURANCE A. Applicator's Qualifications I. Applicator shall have knowledge and general understanding of building design as well as Republic's products specified for the project. 2. Applicator shall have business stability and own, or have access to, the equipment necessary for successful completion of the project. B. Technical service on application and suitability of Republic's materials is available by contacting Republic Powdered Metals, Inc., 3735 Green Road-Beachwood. Ohio 44122 1.03 SUBMlTI'ALS A. In the nonnal course of bidding, descriptive li\erature and \echnical data on all ma\erials proposed for usage under this specification will be submitted. A roof survey shall be submitted by the bidder identifYing total area to be coated, including any repairs necessary, and the general conditions of the existing roof. 1.04 PRODUCT STORAGE AND HANDLING A, Storage of Materials: Store in accordance with manufacturer's recommendations. B. Handling and Protection of Materials: Meet requirements of manufacturer's recommendations for handling and protection of materials during installation. Handle products so that they are not contaminated by foreign materials. C. Damaged Materials: Contaminated or damaged materials shall not be used in the insta1lation and shall be immedia\ely removed from site upon discovery. D. Exercise caution when working with solvent-based ma\erials within the limitations descn1led by the manufacturer. BID NO. 23-00101 DATE: 3/13/01 CITY OF MIAMI BEACH 51 PART 2 - PRODUCTS AS MANUFACI1JRED BY REPUBUC POWDERED METALS. INC. (OR EQUAL) 2.01 COATING SYSTEM A. GEOGARD 1. OESCRlPTION GEOGARD is a two-coat, urethane, elastomeric fire resistant coating system. The system c:onsists of a single c:ompooent, high performance, modified, aromatic, urethane base coat, and a single component, high performance, modified, aliphatic, urethane top coat. (Refer to data sheets 0-491 and 0-496). 2.02 PERFORMANCE REQUIREMENTS Weight per gallon (ASTM D1475) Specific gravity (ASTM D1475) Solids by weight (ASTM D1353) Solids by volume Elongation@ 770F (ASTM 0 412) Flexibility @OOF(ASTMOI737) Tensile strength (ASTM 0412) Sbore "A" bardness (ASTM 02240) Dry time (ASTM D1640) Flash point (ASTM 03278) Clean up GEOGARD Sue Coat 11.0 * 0.2 Ibs. 1.32 * 0.02 74%* 1% 65%* 1% 450"10 passes 1/8" mandrel 320 psi 37 rubbery cure 48 Ms. lOooF Republic Thinner # I GEOGARD Finish Coat 8.8 * 0.2 Ibs. 1.06 * 0.02 69%* 1% 51%*1% 250"10 passes 1/8" mandrel 3480 psi 80 cure 24 Ms. 800F Republic Thinner # I A. OURA THANE, a premium grade, moisture cured, one component, polyurethane sealant for use in filling cracks and sealing penetrations. B GEOGARD PRIMER is a intercoat adhesion primer for reactivating GEOGARD Base Coat. C. PERMAF AB is a 100% stitchbonded polyester fabric used in repairing blisters, fishmouths, splits, and as reinforcement for flashing details. PART 3 - EXECUTION 3.01 PREP AKA TI0N FOR COATING A. SURFACE PREPARATION - CLEANING I. All surfaces are to be free of loose mortar, dirt, grease, oil, loose paint and, other foreign matter which could prevent proper adhesion. 2. Roof surfaces containing heavy soot, dirt, chemical contaminants, oil, grease, or wax deposits must be cleaned with a surface cleaner and rinsed thoroughly with high pressure water (2,000 psi.). All surfaces must be completely dry prior to application of the coating/coating system. 3. Mold or mildew must be removed. Scrub surfaces with a solution of one quart household bleach to three quarts of water. Wear protective goggles and rubber gloves. Scrub well with brush and allow solution to remain on the S1IIface for ten minutes then rinse thoroughly with clean water, 4. Concrete shall be a minimum 28 days old. If a curing compound or sealer was used, a test for adhesion and compatibility with coating system must be made. BID NO. 23-00101 DATE: 3/13/01 CITY OF M1AM1 BEACH 52 B. SURFACE REPAIRS I. Large Cracks (!bickness of a credit card. 30+ mils) a. Fill wi!b DURATIIANE Sealant (Refer to data sheet 0-503-11) b. Cover wi!b GEOGARD Gray Base Coat and 4" PERMAF AD Polyester as needed 2. Spalled or Deteriorated Concrete a. To be repaired using a patching and resurfacing compound. C. ROOF PENETRATIONS I. Apply GEOGARD Base Coat at 2 gal./lOO sq. ft. (32 wet mils) at !be roofpenetrations. 2. Embed 6" PERMAF AD into !be GEOGARD Base Coat, brush for proper adhesion and removal of all voids. 3. Apply a second coat ofGEOGARD Base Coat at 2 gal.llOO sq. ft. (32 wet mils) over the 6" PERMAFAB and a minimum of2" beyond edges in each direction, feather out edges. 4. Coverage rate for finished repair (base coatlfabriclbase coat) is approximately 30 lineal ft.lgal. Rates can vary depending on size of repair. D. METAL COMPONENTS I. Damaged facia, gutters, vents, flashings, etc., must be replaced. E. ALL 900 BENDS, WALLS & CURBS 1. Apply GEOGARD Base Coat at 2 gal./lOO sq. ft. (32 wet mils) at 900 bends, walls & curbs. 2, Embed 6" PERMAF AD into !be GEOGARD Base Coat, brush for proper adhesion and removal of all voids. 3. Apply a second coat ofGEOGARD Base Coat at 2 gal.llOO sq. ft. (32 wet mils) over the 6" PERMAFAD and a minimum of 2" beyond edges in each direction, fea!ber out edges. 4, Coverage rate for finished repair (base coatlfabriclbase coat) is approximately 30 lineal ft.lgal. Rates can vary depending on size of repair. F. PONDED AREAS I. Apply GEOGARD Base Coat at 2 gal./lOO sq. ft. (32 wet mils) in ponded areas. 2. Embed 40" PERMAF AD into !be GEOGARD Base Coat, brush for proper adhesion and removal of all voids. 3. Apply a second coat ofGEOGARD Base Coat at2 gal.llOO sq. ft. (32 wet mils) over the 40" PERMAFAD and a minimum of2" beyond edges in each direction, feather out edges. 3.02 GEOGARD WATERPROOFING SYSTEM A. APPLICATION 1. Apply GEOGARD Base Coat at the rate of3 gal.llOO sq. ft. (48 wet mils) 2. Allow Base Coat to cure (min. 24 hours) and apply GEOGARD Finish Coat at the rate of I gal.llOO sq. ft. (16 wet mils) 3. Do not permit traffic on completed surfaces unless necessary, and only after complete cure. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 53 B. GEOGARD NON-SKID APPLICA nONS. Traffic Areas I. Follow application rates and cure times for GEOGARD Base Coat on specific substrates. 2. Apply GEOGARD Finish Coat at Ihe rate of 100 sq. ft./gal. (16 wet mils). 3. Immediately broadcast and back roll #20-40 mesh. angular cut, washed silica sand into Ihe wet film at Ihe rate of 13 lbs.lloo sq. ft. Allow to cure overnight. 4. Allow to cure 24 hours before pennitting traffic. 3.03 THE PROTECTIVE COATING A. GENERAL GEOGARD Base Coat and Finish Coat are not recommended for roofs where all plies have become embrittled or where Ihe insulation has become saturated. Not recommended over unwcalhered asphalt less Ihan two seasons old, tar roofs, or silicone-based coatings. Not recommended for vehicular traffic. Apply at temperatures over 400F. Surfaces must be completely dry. Do not apply when rain is imminent. CAUTION: Application of this product in high humidity or temperatures, or over water saturated substrates can lead to improper curing, surface defects, and/or loss of gloss. All surfaces suspect for moisture contamination should be evaluated prior to application. Republic makes no wammty as to appearance or color since application methods and job site conditions are beyond our control, and can affect product performance. GEOGARD Finish Coat must be applied to Ihe base coat wilhin 72 hours of it application. B. APPLICA nON GEOGARD Base Coat and Finish Coat may be applied by brush, roller, squeegee, or heavy-duty airless spray. MIX WELL BEFORE USE. When applying GEOGARD over a previously coated substrate, a test patch should be applied to determine compatibility and adhesion. I. Spray Equipment Recommendations: PUMP: GRAC045:1 King HOSE: Maximum of 100 ft. 3/4. I" ill hose, rated approx. 5,000 psi wilh a whip end of I to 5 feet of \t," ill hose to Ihe gun. GUN: GRACO 224.990 airless or equivalent wilh reversible tip. Tip size can vary from 0.031 to 0.073 inches depending on field conditions, PRESSURE: Good results are obtained at 2,500 - 3,000 psi SPRAY RECOMMENDA nON: Iflhinning is required for spray application, use Republic Thinner #1 ONLY. GEOGARD Base Coat can be Ihinned up to 25% by volume (I 1/4 gal. Ihinner per 5 gal. pail). GEOGARD Finish Coat can be Ihinned up to 15% by volume (3/4 gal. Ihinner per 5 gal. pail), but do not Ihin inconsistent wilh applicable regulations. In any case, iflhinning is performed, application rates must be increased equal to Ihe amount oflhinner added. Example: GEOGARD Base Coat reduced 25% by volume applied at 3 gal./loo sq. ft. (48 wet mils) would require an additional 12 wet mils (48 x .25 = 12) to compensate for reduced volume solids oflhe Ihinned material. BID NO. 13-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 54 3.04 CLEAN UP A. As work progresses, it is essential to keep equipment in clean, working condition. If spray equipment is used, flush lines with Republic Thinner # I. General clean-up with same. B. Do not allow the GEOGARD to remain in the spray equipment overnight C. At the conclusion of the project, all equipment should be cleaned and returned to its designated location. Disposal of empty, partially full, or full drums should be discussed with the building owner, contractor, or engineer. PART 4 - FILE DATA 4.01 ENCLOSURES 4.02 WARRANTY DISCLAIMER A. Please note that if Republic Powdered Metals has been requested to furnish a warranty, the contractor/owner must comply with the conditions for warranty issuance set forth on the reverse side of the warranty document, a sample copy of which is available upon request. Republic Powdered Melals reserves the right to refuse issuance of a warranty pursuant to such conditions. Contact REPUBLIC POWDERED METALS for details regarding available warranties on the GEOGARD system. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 55 SUPPLY AND INSTALLATION OF A MAINTENANCE COATING SYSTEM FOR THE POllCE STATION ROOF SCOPE OF WORK: The contractor shal1 provide all supervision, labor, materials and equipment required for the Supply and Installation of a Maintenance Coating System for the Police Station Exterior Walls as follows: B.. SOLARGARD HY-Blm.D l-COAT ACRYLIC COATING SYSTEM BY REPUBLIC POWERED METALS (OR EOUAlJ TO INCLUDE A 10 YEAR WATER INTRUSION WARRANTY . Pressure clean all parapet walls and interior walls per manufacturer specifications. . Apply Solargard Hy-Bui1d (Or Equal) at 2 gallons per 100 slf per manufacturer specifications. . Provide owner (City of Miami Beach) with a minimum ten (10) year Water Intrusion Warranty. .. The Police Station shall remain in a satisfactory operating condition and capable of safely and efficiently perform their required work while contractor is working on this project. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 56 CITY OF MIAMI BEACH POUCE STATION EXTERIOR WALLS SOLARGARD BY-BUILD WATERPROOF SYSTEM (OR EQUAL) PART I - GENERAL 1.01 GENERAL A. This document is intended to provide ooIy general guidelines regarding the application of listed materials as furnished by Republic Powdered Metals, Inc. These general guideline specifications are NOT intended as project-specific specifications and sbould not be used as such. lbe information contained herein may be used, and modified where necessary, by the owner, architect, and contractor in preparing specifications for particular roofing projects. It is the responsibility of the owner, architect, and/or contractor to ensure that these general guideline specifications are consistent with the contractual and construction requirements relating to the project. 1.02 QUALITY ASSURANCE A. Applicator's Qualifications 1, Applicator shall have knowledge and general understanding of building design as well as Republic's products specified for the project. 2. Applicator shall have business stability and own, or have access to, the equipment necessary for successful completion of the project. B. Technical service on application and suitability of Republic's materials is available by contacting Republic Powdered Metals, Inc., 3735 Green Road-Beachwood, Ohio 44122. 1.03 SUBMITrALS A. In the nonnal course of bidding, descriptive literature and technical data on all materials proposed for usage under this specification will be submitted. A survey shall be submitted by the bidder identifying total area to be coated, all repairs necessary and general conditions of the existing surface. 1.04 PRODUCT STORAGE AND HANDLING A. Storage of materials: I. Store materials in accordance with manufacturer's recommendations. 2. Store acrylic emulsion materials so that they will not freeze. B. Handling and Protection of Materials: Meet requirements of manufacturer's recommendations for handling and protection of materials during installation. Handle materials so that they are not contaminated by foreign materials. C. Damaged materials: Contaminated or damaged materials shall not be used in the installation and shall be immediately removed from site upon discovery. BID NO. 23-00101 DATE: 3/13/01 CITY OF MIAMI BEACH 57 PART 2 - PRODUcrs AS MANUFACl'URED BY REPUBLIC POWDERED METALS, 1Ne. (OR EQUAL) 2.01 COATING SYSTEM A. SOLAROARD HY-BUlLD 1. DESCRIPTION SOLARGARD HY -BUILD is a water-based. acrylic, elastomeric roof and wall coating formulated to provide a tough, durable, flexible, brea1hing film for the protection of previously painted or repainted masonry, metal, and built-up roofing substrates. SOLAROARD HY-BUlLD will resist the effects of weather, water, abrasion. and subs1rale movement. 2. PERFORMANCE REQUIREMENTS Weight per gallon (ASTM 0-1475) Specific gravity (ASTM 0-1475) Solids by weight (ASTM D-1353) Solids by volume Elongation @770F (ASTM 0-2370) Flexibility @ OOF (ASTM 0-1737) Tensile Strength @ 770F (ASTM 0-2370) Shore "A" Hardness (ASTM D-2240) Dry time (ASTM D-I640) Flash point (ASTM 0-3278) Clean-up 2.02 ACCESSORY MATERIALS II.UO.2Ibs. 1.3HO.02 63%: 1% 51%:1% 150"10 : 25% passes 1/8 inch mandrel 450 : 50 psi 70: 10 I hour none water A, SOLAROARD PATCHING CEMENT is a white, heavy-bodied, acrylic polymer sealant formulated from acrylic resins, titanium dioxide pigment, and special reinforcing materials to produce a long lasting, tough, resilient patch that seals out water, resists V.V, and weather, and is mildew resistant. (Refer to data sheet D-llOO-139) B. SOLAROARD MASONRY PRIMER is a high quality, acrylic, latex paint formulated from durable 100"/0 acrylic resins with excellent weathering and UV resistance. (Refer to data sheet 0-161/111-71) PART 3 - EXECUTION 3.01 PREP ARA nON FOR COATING A, SURFACE PREPARATION - CLEANING I. All surfaces are to be free of loose mortar, dirt, grease, oil, loose paint and other foreign matter which could prevent proper adhesion. Previously painted surfaces shall be thoroughly cleaned with a high pressure waterblast to remove loose paint or excessive chalking. 2. Mold or mildew must be removed. Scrub surfaces with a solution of one quart household bleach to three quarts of water, Wear protective goggles and rubber gloves. Scrub well with brush and allow solution to remain on the surface for ten minutes then rinse thoroughly with clean water. B. SURFACE REPAIRS - MASONRY, BRICK, CONCRETE, STIlCCO I. Large Cracks (thickness ofa credit card, 30+ mils) a. Fill with SOLARGARD PATCHING CEMENT (Refer to data sheet 0-1100-139). 2. Spalled or Deteriorated Concrete a. To be repaired using a concrete patching and resurfacing compound. BID NO. 23-00/01 DATE: 3113/01 CITY OF MIAM1 BEACH 58 3. RepointinglTuckpointing Mortar 10ints a. Deteriorated mortar must be removed either mecbanically or by band. I. Upright grinder with a diamond blade. 2. Mason's chisel and hammer. b. "Rule of Thumb" for removing old mortar. I. Remove 100% of the old mortar to a depth 2 ~ times the width of the joint or until sound lI!ortar is found, wbicbever is deeper. 2. The removal should also extend at least 2" to 6" into surrounding sound joints. 3. If moss, mold or mildew bas been growing in the joint, wasb vigorously with solution as described in 3.01 A.2. c. Mortar Mix I. Most common mix is I part by volume of masonry cement to 3 parts by volume of sand. 2 A better fonnula wbicb minimizes cbances ofbairline cracks developing in joints is: · I part by volume gray or wbite non-staining Portland Cement, AS1M C-I 50, Type I or II. · I part by volume ofbydrated lime, AS1M C-207, type S, · 6 parts by volume, clean, fine, sbarp sand AS1M C-I44. After dry ingredients are mixed, a small amount of clean water is added and worlced into the mix. The mortar should be very stiff, allowed to rest 1-2 bours, covered, and just before use, enough additional water added to make a workable paste. Prior to application, the joint sbould be dampened slightly with water. d. Filling and Tooling I. Mortar is pressed into the joint at 1/4" deep at eacb pass, in a layered fasbion, until flush with wall. 2. A pointing tool is used to press mortar into proper profile. NOTE: If major tuckpointing worlc is being considered, a mason contractor may be employed for this pbase of the project. 3.02 APPLICATION A. PRIMING I. Extremely porous masonry, concrete, and stucco must be primed using SOLARGARD MASONRY PRIMER(Refer to data sbeet 0-161/ 111-71). B. FINISH COAT I, SOLARGARD HY -BUILD elastomeric coating sball be applied by brush, long nap roller, or spray to specified coverage rates. For brusb application use a wide, long bristle brusb and "Iay-on" the coating - do not spread too thin. 2. If roller application is used, care must be exercised, otherwise there is a tendency to spread SOLARGARD HY-BUILD too thin. A \-S"-3/4" nap roller is recommended, depending upon texture of surface. If the application is by brusb or roller, we suggest the tools be soaked in water prior to use. Mix well before using. Do not dilute or thin SOLARGARD HY-BUlLD. 3. Spray Equipment Recommendations: If spraying, SOLARGARD HY -BUILD is best applied by air powered, gasoline powered, or electric powered airless spray units. Examples would be GRACO 30:1 Bulldog or 45:1 King, GRACO GH533 or 733 gas powered or equivalent models. Tip sizes from .035-.043. Recommended bose 3/8" nylon bigh pressure type bose for lengths up to 75 feet. From 75 feet to 200 feet, use ~" bose from the pump, added to existing 3/8" bose to maintain pressure and delivery. Over 200 feet, use 5/8" to 3/4" bose. 4. On extremely bot days, it may be necessary to dampen the surface before application. SOLARGARD HY -BUILD dries to touch in one hour to a flat luster finisb and produces a light texture. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 59 C. COVERAGE I. Porosity and texture of surface will dictate actual rate of application and number of recommended coats. Coverage rates at: Previously Coated - 1-1/2 gal./loo sq. ft. = 24 mils wet, 12 mils dry Bare Block - Prime with SOLARGARD Masonry Primer at a rate of I galJIOO sq. ft. - Coat with SOLARGARD HY-BUlLD at a rate of2 gal.lloo sq. ft. = 32 mils wet, 16 mils dry 3.03 CLEAN UP A. As work progresses, it is essential to keep equipment in clean, working condition. I. If spray equipment is used, flush lines with clean water followed by mineral spirits or kerosene to keep metal parts from corroding. 2. General clean-up with water and mild detergent. B. At the conclusion of the project, all equipment should be cleaned and returned to its designated location. Disposal of empty, partially full, or full drums should be discussed with the building owner, contractor, or engineer. PART 4 - FILE DATA 4.01 ENCLOSURES 4.02 WARRANTY DISCLAIMER A. Please note that if Republic Powdered Metals is requested to furnish a warranty, the contractor/owner must comply with the conditions for warranty issuance set forth on the reverse side of the warranty document, a sample copy of which is available upon request. Republic Powdered Metals reserves the right to refuse issuance of a warranty pursuant to such conditions. Contact REPUBLIC POWDERED METALS, INC. for details regarding available warranties on the SOLARGARD HY-BUILD system. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 60 DMSION 3. LOBBYISTS See. :z..481. DellDltiou. The following words, terms and phrases, when used in this division, shall have the meanings ascn"bed to 1hem in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary respoosibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel oo.d, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are enlluslM with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal wbo seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master 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)--Defmitions generally, ~ 1-2. Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (I) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. C) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identifY all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 61 (d) Separate registration shall be required for each pincipal represented on each specific issue. Such issue shall be descn"bed with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration slldement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an _opIiate 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 I of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (bl The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensstion or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ~~ 4, 5, 3-4-92; Ord. No. 92-2785, ~~ 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity 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) BID NO. 23-00101 DATE: 3/13/01 CITY OF MIAMI BEACH 62 Sec. 2-485. (a) (b) o (d) List of expenditures. On October I of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist l~otions filed. AU logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the stale legislature pursuant to F.S. ~ 11.0045. All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit 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. The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92) BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 63 DMSION 4. PROCUREMENT See. 2-486. Cone of silence. (a) Contracts for the provision of goods and services 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 ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not 1imited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation hack to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (I) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city manager and his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2 ) Except as provided in subsections (b X3) and (b X 4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. BID NO. 23-00101 DATE: 3/13101 CITY OF MIAMI BEACH 64 The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a plIIticular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than SIO,ooo.oo, when the city manager executes the contract. (3) Nothing contained herein shall prohtbit any bidder or proposer: (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (Ii) from engaging in contract discussions during any duly noticed public meeting; (ill) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. C Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge ofa violation of this division shall report such violation to the state attorney and/or may file a complaint with the county ethics commission. ( 0 r d N 0 9 9 3 6 4 ~ 6 9 9 ) BID NO. 23-00101 DATE: 3/13/01 CITY OF MIAMI BEACH 65 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITI..ED "PROCUREMENT', BY CREATING DMSION 5, ENTITI..ED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CON1RACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled- "Debannent of Contractors from City Work" reading as follows: Division 5. Debannent of contractors from City work. Section 2-397 Pw:pose qf debarment (A) The City shall solicit offers from. award contracts to. and consent to subcontractors with re&POnsible contractors only: To effectuate this police. the debannent of contractors from City work mllY be undertaken. (b) The serious nature of debannent reQ.Uires that this sanction be imposed only when it is in the public interest for the City's protection. and not for puq>oses of punishment. Debannent shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions (alAffiliates. Business concerns. orWani7"tions. lobbyists or other individuals are affiliates of each other if. directly or indirectly. 0) either one controls or has the power to control the other. or (ii) a third part controls or has the power to control both. Indicia of control include. but are not limited to. a fiducilllY relation which result.. from the manifestation of consent by one individual to another that the other shall act on his behalf and subiect to his control. and consent by the other so to act: interlockini manlliement or ownership: identity of interests amoni family members: shared facilities and eQ.Uipment: common use of employees: or a business entity orllanized by a debarred entity. individual. or affiliate folIowin~ debannent of a contractor that has the same or similar manlliement. ownership. or principal emplQvees as the contractor that was debarred or slliij)ended. (hi Civil iudgment means a iud~ent or findinll of a civil offense by any court of competent iurisdiction. c:> Contractor means any individual or other lellal entity that: BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 66 (l) Directly or indirectlv (JI.a. throuih an affiliate). submits offers for is awarded.. or ......"""ably may be el\l)eCted to submit offers or be awarded a City contract. includini. but not limited to vendors. sllPpliers. providers. bidders. prqposers. consultants. and/or desi8JI professionals. or (2) Conducts business or reasonable man be el\l)eCted to conduct business. with the Ci(y as an a~ent.. representative or subcontractor of another contractor. (d) Conviction means a iU(~~ment or conviction of a criminal offense. be it a felonv or misdemeanor. by any court of competent iurisdiction. whether entered qpon a verdict or a plea. and includes a conviction entered QpOn a plea of nolo contendere reI Debarment means action taken bv the Debannent Committee to exclude a contractor (and. in limited instances specified in this ordinance. a bidder or prQpOser from Ci(y contractini and Ci(y awroved subcontractini for a reasonable. specified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a lP'ollP of seven (7) individual mernbers. each appointed ~y the Ml\Yor and individual Citv Commissioners. to evaluate and. if warranted. to impose debannent. (g) P,v:"",.<k, allei) Greater wei~ht ql the evidence means I11'OQ.f by iptformation that. com/1Q1'ed with that oDoosinv it leads to the conclusion that the fact at issue is more Drobab{v true than not (h) Indictment means indictment for a criminal offense. An information or other filin~ by competent authori(y chariini a criminal offense shall be iiven the same effect as an indictment. (1) Leval I11'oceedinf means anv civil iudicial proceedin~ to which the Ci(y is a partv or any criminal proceedini. The term includes appeals from such proceedinis. (j) List Q,f debarred contractors means a list compiled. maintained and distributed bv the Ci(ys Procurement Office. containini the narnes of contractors debarred under the procedures of this ordinance. Section 2-399 List Qf debarred contractors. (a) The City's Procurement Qffice is the afencv char~ed with the imDlementation Q,fthis ordinance ..hall. r{l ComDile and maintain a current con.<olidated list (List) ql all contractors debarred by City de/1Q1'tments. Such List shall be public record and shall be available for DUblic in.<l1ection and dissemination' BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 67 (21 Periodically revise and diftribute the List and issue surmlements if necessmy. to all deDDrtments. to the Qjfice Q/ the Citv Ma1l4rer and to the Mavor and City Commissioners: and (31 Inclm/..d in the List shall be the name and telelJhone number qfthe City q(ficial re~nsible for its maintenance and distribution fb 1 The List shall indicate' (/1 The names and addresses qf all contractors debarred. in alphabetical order: (2) The name qf the denartment that recommends initiation of the debarment action: (31 The caU.fe for the debarment action as is further described herein or other statutory or revulatory authoritv. (41 The (.flect of the debarment action' (5) The termination date for each listine: (61 The contractor's certificate qf comlJetence or license number when applicable: (71 The lJerson throur:h whom the contractor is qualified. when applicable' (81 The name and telephone number qf the point qf contact in the denartment recommendin'{ the debarment action. ~ The City's Procurement Office shall: (II In accordance with internal retention lJrocedures. maintain records relatinr to each debarment: (21 Establish lJrocedures to orovide for the (ffective use qf the List includi"r internal distribution thereqf to ensure that deoartments do not solicit Q.ffers from. award contracts to. or consent to subcontracts with contractors on the List: and (~I ReliPond to inquiries concerni"r listed contractors and coordinate such resoonses with the department that recommended the action. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 68 Section 2-400 F.,ffect qf debarment (qi Debarred contractors are PTrI,,,i..J from receivinr contracts. and denartments shall not solicit qffers from. award contracts to. or consent to subcontracts with these contractors. unless the City Manorer determines that an emervenqy exists iusq(yinr such action. and obtains fIlUJroval from the Mqyor and City Commission which fIlUJroval shall be ~ven bv 5/7ths vote ql the City Commission at a re~/ar/y scheduled Citv Commission meetinr Debarred contractors are also excluded from conductinr business with the City as avents. rqJresentatives subcontractors or partners Qf other contractors. (Q.i Debarred contractors are excluded from actin V as individual sureties. Section 2-401 Continuation qf current contracts (qi Commencinr on the <(fective date qf this ordinance all rJrooosed City contracts as well as Request for Prooosals (RFPi. Relluest for Qualifications (RFQi Requests for Letters qflnterest (RFLlJ. or bid~ issued be the City. shall inco1Jlorate this ordinance and sneci6' that debarment mC()l constitute wounds for termination qf the contract as well as disqualification from consideration on any RFP. RFo. RFLl or bid (hi The debarment shall take <(feet in accordance with the notice rJrovided bv the City Manarer rJursuant to subsection 2-405(h) below. exceDt that if a City department has contracts or subcontracts in existence at the time the contractor was debarred. the debarment period mC()l commence urJon the conclusion Qf the contract sullject to approval Qf same be 5/7th~ vote Qf the Mavor and City Commission at a re~/ar/y scheduled meetinr. <eI City dqJartments mC()l not renew or otherwise extend the duration Ql current contracts. or consent to subcontracts with debarred contractors. unless the City Manarer determines that an emerfJenqy exists iustifying the renewal or extension or for an qpproved extension due to delC()l or time extension for reasons bevond the contractor's control. and such action is approved by 5/7ths vote Qf the Mqyor and City Commission at a re.~larlv scheduled meetinr. (4) No further work shall be awarded to a debarred contractor in connection with a continuinr contract. where the work is divided into separate discrete fP"ourJs and the Citv's r<fusal or denial Q(further work under the contract will not result in a breach Qf such contract Section 2-402 Restrictions on subcontractinr. (q) When a debarred contractor is nronosed as a subcontractor for any subcontract subiect to Citv arJrJroval. the derJartment shall not consent to subcontracts with such contractors unless the City Manarer determines that an emerrem;y exists iusq(yinlf such consent and the Mqyor and Citv Commission approves such decision. bv 5/7ths vote. at a re~lar/y scheduled meetinlf. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 69 (h) The City shall not be re.VJOnsible & allY increases in prfl.iect costs or other eJfPI!nses incurred ~v a contractor as a result fl.' reJection fl.f orotJOsed subcontractors DUTsuant to subsection 1- 401(a) above. provided the subcontractor was debarred nrior to bid ooeninr or oneninr Ql nronosals where the contract was awarded be the City pursuant to an RFP RFO RFLL or bid Section 1-403 Debarment (a) The Debarment CommiUee mqy. in the nublic interest debar a contractor for anv of the causes listed in this ordinance. usinr the procedures outlined below. The existence fl.f a cause for debarment however. does not 1U!Cf!ssari(v require tlUlt the contractor be debarred' the seriousness fl.f the contractor's acts or omissions and any mitiratin'i factors should be considered in makinr: any debarment decision. ~) Debarment constitutes debarment fl.f all olftcers. directors. shareholders owninr or controllinr: twenty-five (15) percent of the stocle. nartners. divisions or other orr:anizational elements fl.f the debarred contractor. unless the debarred decision is limited bv its terms to snecific divisions. ortfanizational elements or commodities. The Debarment Committee's decision includes any existinr affiliates fl.f the contractor if thev are (I) snecj/ically named and fii) riven written notice fl.' the nroDOsed debarment and an oQportunity to resnond. PtltrtllJ 4tflilJN..J (!f A'u. (;l}utllKMl III ~ .Jfl~il{;t ttJ f,JI~ D~bm 'fI~lIt C(Jmlfli~~ ~ d~{;i~ilJlI ~ A contractor's debarment slUllI be effective throur:hout City Government. Section 1-404 Cause.. (or debarment (a) The Debarment Committee slUllI debar a contractor for a conviction or civil iudzment. (J) For commission fl.' a fraud or a criminal offense in connection with obtaininr. aUemptin'i to obtain. neiforminr. or makin'i a claim unon a nublic contract or subcontract. or a contract or subcontract funded in whole or in nart with nublic funds: (1) For violation Qffederal or State antitrust statutes relatin'i to the submission Ql Q,ffers' (3) For commission Ql embezzlement. theft. forrery. bribery falsification or destruction Ql records makinr false statements. or receivinr: stolen nrQpertv: {4.1 Which makes the City the nrevailinr: nartv in a leral nroceedinr: and a court determines tlUlt the lawsuit between the contractor and the City was frivolous or filed in bad faith. (h) The Committee mqy debar a contractor (and. limited instances set forth hereinbelow a bidder or nronoser) based unon a ~Ilfil)/allu the weater weirht Qlthe evidence. for: BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 70 (]) Violation qf the terms qf a City contract or subcontract or a contract or subcontract funded in whole or in lJart bv City funds such as failure to lJeiform in accordance with the terms qf one (ll or more contracts as certified by the City deoortment administerinv the contract: or the failure to lJe{fonn. or unsatis.factorily TJeiform in accordance with the tenn.r qf one (ll or more contracts. as certified by an indeTJendent revistered architect. envineer or veneral contractor. (2) Violation qf a City ordinance or administrative order which lists debarment as a ootential penalty. ,/:1) ..11'" IJA'UI ~ll~ l~,'Jicl14ffr.~t3 Nle , ul'JlJluihiJi1> qfa Ci1) ~1J1l1f /KMI .11 .Jtt],~lJnlf aet'iJY ill 1'1:1:^-" "Iill' Cit> ..~iJ,*- Section 2-405 Debarment nrocedures. (a) Requests for the debarment ql contractors mqy be initiated by a City Deoortment or by a citizen-at lar'le and shall be made in writinr to the Qffice qf the City Mana'ler. Qpon receint qf a request for debarment. the City Manarer shall transmit the request to the Mqyor and City Commission at a re'{Ularly scheduled meetin'l The Mqyor and City Commission shall transmit the request to a person or persons who shall be char'led hv the City Commission with the duty qf nromnt{v investil{atinl{ and nreparinr a written report(s) concerninl{ the nroDOsed deharment. includinl{ the cause and wounds for debarment as set forth in this ordinance (b) Upon comnletion qfthe qforestated written renort. the City Mana'ler shall forward said renort to the Debarment Committee The City's Procurement Qjfice shall act as stq/f to the Debarment Committee and. with the assistance qf the Ci()> dl!DtJf mlent nerson or nersons which nrenared the report. nresent evidence and ar'{Ument to the Debarment Committee ~ Notice qf proDOsal to debar. Within ten workin.g dqys qf the Debarment Committee having received the request for debarment and written renort. the City's Procurement Qjfice. on behalf qf the Debarment Committee shall issue a notice ql nronosed debarment advisin.g the contractor and anv snecifically named qfJiliates bv certified mail. return receipt relluested or personal service containinlf the followin'{ i'1formation: (1) That debarment is beinl{ considered' (2) The reasons and causes for the nroDOsed debarment in terms S14fJicient to nut the contractor and Q1flI named qffiliates on notice qf the conduct or transact/onts) ~n which it is based: (3) That a hearin'{ shall be conducted bt:.fore the Deharment Committee on a date and time not less than thirtv (301 days after service of the notice. The notice shall also advise lhe contraclor lhal il may he reDresenled bv an attornev mav nresent dncumentarv evidence and verbal testimonv and mav cross-examine evide1Jl:e and testimonv Dresented Qvain<rt it BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 71 (4) The notice shall also describe the (fleet Qf the issuance Ql the notice Qf prQposed debarment. and Qf the potential ((feet Qf an actual debarment. (d) No later than seven (l) workinr dqys. Drior to the scheduled heari1lV date the conlractor must furnish the City's Procurement Qffice a list Ql the d(fenses the contractor intends to present at the heari1lf. if the contractor fails to submit the list. in writin~. at least seven (7:1 worki11V dqys prior to the heari1lV or fails to seek an extension Qf time within which to da so. the conlractor shall have waived the oDDortunitv to be heard at the hearin~ The Debarment Committee has the rifht to want or de'!)! an extension Qftime. and for 'lood cause. m/{)' set aside the waiver to be heard at the heari1lV and its decision ml{}! only be reviewed UDon an abuse Qf discretion standard. (I:) Hears/{)' evidence shall be admissible at the heari1lV but shall not form the sole basis for initiatinv a debartnent Drocedure nor the sole basis Qf a'!)! determination Ql debarment The hearinv shall be transcribed taDed or otherwise recorded bv use Qf a court reDorter. at the election Committee and at the eXIJense Qfthe City. Cqpies Qlthe heari1lf taDe or transcript shall be furnished at the eXDense and request of the requestinv Darty. (n Debarment Committee's decision. In actions based UDOn a conviction or iud$1"ent. or in which there is no yenuine disDute over material facts. the Debarmerment Committee shall malce a decision on the basis Ql all the undisDuted material il1.formation in the administrative record includinv anv undisDuted. material submissions made bv the contractor Where actions are based on di~uted evidence the Debarment Committee shall decide what wei'lht to attach to evidence Qf record. iudKe the credibility Qf witnesses. and base its decision on the /'JI q!tJlldt:llClnU weater weivht Qf the evidence standard The Debarment Committee shall be the sole trier Qffact The Committees decision shall be made within ten (10) worki1lY dqys qlter conclusion of the hearing. unless the Debarment Committee extends this Deriod for good cause. (v) The Committee's decision shall be in writinv and shall include the Committee's factual findi11'lS. the DrinciDal causes Qf debarment as enumerated in this ordinance. identification Qf the contractor and all named affiliate' qffected bv the decision. and the sDecific terrn includinV duration Qfthe debarment imDosed. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 72 (]J) Notice o( Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment. the City MallQrfer shall rive the contractor and ~ named qfJiliates involved written notice bv certified mail. return receilJt requested or hand deliverv. within ten ([ OJ workillrf d4ys Ql the decision. snecityin" the reasons for debarment and indudin" a coW Qithe Committee's written decision: statin" the lJeriod Q/ debarment. indudin" c,(fective dates: and advisin" that the debarment is c,(fective throu"hout the City delJQ1'tments (2) (f debarment is not imlJOsed the City Ma~'lf!r shall notifY the contractor and a'U' named q(filiates ill.tJJ~i1.i by certified mail. return receilJt requested or nersonal service within ten ([ 0) worki"" d4ys Qf the decision ([) All decisions Qf the Debarment Committee shall be final and shall be c,ffective on the date the notice is siV'ed bv the City MallQ'{er Decisions Qithe Debarment Committee are su~iect to review ~y the Appellate Division Qi the Circuit Court A debarred contractor mqy seek a stqy Q/ the debarment decision in accordance with the Florida Rules of AmJellate Procedure Section 2-406 Period Qf debarment (a) The period Qf debarment imlJOsed shall be within the sole discretion of the Debarment Committee Debarment shall be for a neriod commensurate with the seriousness Qfthe causers) and where alJvlicable. within the 'l'Jidelines set forth below. but in no event shall exceed five (5) vears (h) The followin" 'l'Jidelines in the period Q/ debarment shall awl>' excelJt where mitif{ati"" or a.'{gravatinr circumstances iustifY deviation' ([) For commission Qf an Q.flense as described in subsection 2404(a)([): five (5) vears (2) For commission Q/ an offense as described in subsection 2404(a)(2)' five (5) veers (3) For commission Qf an Q.fJense as described in subsection 2404(a)(3): five (5) years. (4) For commission Q/ an Q.flense af described in subsection 2404(a)(54): two (2) to five (5) ~ (~) For commission Q/ an Q(fen.fe af described in subsections 2404(h)(J) or (2): two (2) to five (~) ~ BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 73 o The Debal'numt Committee mqy. in its sole discretion. reduce the neriod ql debannent. urxm the contractor's written request. for reasons nJL:h lJ.f' (1) New(v discovered material evidence: (2) Reversal qfthe conviction or civil iudzment f(pt'n which the debarment was based' (3) Bona fide change in ownershi" or manafement: (4)Elimination qf other causes for which the debarment was imoosed: or (5) Other reasons the Debarment Committee deems llP"rqpriate. (d) The a.r.htlJ IUwtdebarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period. The City's Procurement Qjfice with the assistance if the qlficted de1Jl1rtment shall have thirty (3Q) dqys from recei"t q,fsuch request to submit wrinen resnonse thereto. Tht: "~~i~i(J1I q/ tll~ [x}U.b ,11(;111 C.'J,JlllliHt:i: Ilrlll dill' (l , t:.(jl:tt:.Jt ",ade '~ffJ/:'1 tlJa .Jti},.J{.~tit"f i.I fifJtJ.' and IUJIl 4Pl'i:alab:'l. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed SECTION 5. EFFECTIVE DATE - This Ordinance shall take effect on the..JIsi day of March, 2000. PASSED and ADOPTED this 23rd dayofFebruarv.2000. BID NO. 23-00/01 DATE: 3/13/01 CITY OF MIAMI BEACH 74 COLLINSWORTH, ALTER, NIELSON, FOWLER & DOWLING, INC. BOND DEPARTMENT PUBLIC WORKS BOND IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (I) (I) Bond No 0318033 Contractor Name Southern Coast Enterprises, Inc. Contractor Address 273 N.W. 1st Street, Deerfield Beach, FL 33442 Contractor Phone No. (954) 426-3312 Surety Company International Fidelity Insurance Company One Newark Center, 20th Floor, Newark, NJ 07012 Surety Address Surety Phone No. (973) 624-7200 Owner Name The City of Miami Beach Owner Address 1700 Convention Center Drive, Miami Beach, FL 33139 Owner Phone Number (305) 673-7490 Obligee Name N/A (If contracting entity is different from the owner, the contracting public entity) Obligee Address N/ A Obligee Phone No. N/A Contract No..( If Applicable) 23-00/01 Project Name Supply and Installation of a Maintenance Coating System for the Police Station Roof Project Location Miami Beach, FL Legal Description and Street Address 1100 and 1130 Washington Avenue, All Block 23 & 37 (2- 81) Ocean Beach Addn. #3 and Vacated Portion of Drexel Avenue and Alley Between II th and 12'h, Miami Beach, Florida Description of Work Roofing FRONT PAGE All other bond pages(s) are deemed subsequent to this page regardless of any page numher(s) that may be preprinted thereon. PERFORM (This bond meets and exceeds the requirements Bond No. 0318033 CE BOND Florida Statutes Section 255.05) STATE OF FLORIDA) 55 COUNTY OF ) KNOW ALL MEN BY THESE PRESENT ~1Jl1 we, SOUTHERN COAST ENTERPRISES. INC. as Prinipal, hereinafter caHed Contractor, wd International Fidelity Insurance Company as , . rety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called th City, in the Penal sum orone Hundred Seventy Thousand Sixty Two DoHars ($ 170.062.00), for the payment of ltich sum well and truly to be made, we bind ourselves, our heirs, executors, administrators. su essors and assigns, jointly and severally, fumly by these presents. WHEREAS, ContIactor, on the _ cia 'of . 19_ entered into a certain contract with the City, hereto attached. foBID NO. 23-00/01, Entitled, "SUPPLY AND INSTALLATION OF A MAINTENANCE COA 'ING SYSTEM FOR THE POLICE STATION ROOF" which Contract is made a part hereof by ference thereto. NOW. THlREFORE. THE CONDITl OF THIS08UGATION IS SUCH, that, if the Contraclor shall well and tmly perform and fulfill all the undertakings, covenants. terms, conditions and agreements of said Contract, and at duly authorized modifications of said Contract that may hereafter be made, notice of which modi cations to the Surety being hereby waived, then this obligation shall be void; otherwise to remain ifull force and effect. WHENEVER the Principal shall be and ideclared by the City to be in default under the ContIact, or whenever the Contract has been termin ted by default of the Contractor, the City having performed the City's obligations thereunder. the S ety shall: I. Complete the Contract in accordan . with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submissi II to the City for completing the Contract in accordance with its teIIDS and condi ps, and upon determination by the City and the Surety of the lowest responsible Bid. r, arrange for a Contract between such Bidder and the City, and make available as . . ork progresses (even though there should be a default or a succession of defaults IllIder the Conlmct or Contracts of completion arranged under this paragraph) suffi ent funds to pay the cost of completion less the balance of the Conlracl price; hut n exceeding, inCluding other cost". and damage. for which the Surety may be liabl hereunder. the amount set forth i!1 the first paragmph herc:of. The term ''balance of the Contract price" as used in this paragraph, shall mean the total amount payable y the City to the Conlractor under the Contract and wy amendments thereto, less he amount properly paid by the City to the Contractor. BID NO. 23-00/0 I DATE: 3/13/01 CITY OF MI I BEACtI IS No right of action shall accrue on this .ond to or for the use of any person or Corpoflltion other than the City named herein or the succes !"S or assignees thereof. The Surety shaIl and does hereby agree 0 indemnify the City and hold it harmless of, from and against any and all liability, loss, cost, dam ge or expense, including reasonable attorneys fees, engineering and architectural fees or other prof, sionaJ services which the City may incur or which may accrue or be imposed upon it by reason ofy negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and C tractors or Subcontr:lc:tors agents, servants and/or employees, in, about or on account of the Consction of the work and perfonnance of said Contract by the Contractor. This Bond shaIl remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as c:: provided for in the Contract Doc:wnents, and the Contractor hereby guarantees to repair or repl e for the said periods all work perfonned and rnaterials and equipment fumished, which were ot performed Or furnished according 10 the terms of the Contract Documents. If no specific peri . of warranty are stated in the Contract Doc:wnents for any particular item of work, material or equi ment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the ate of final ace<:planee by the City of the entire project. Any suit on this bond mu.~t be instituted ithin such period or periods as may be provided by law. BID NO. 23-00101 DATE: 3/1310t CITY OF Mt II BEACH t IN WITNESS WHEREOF, the above bounde appropriate officials of the WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA A T OF SURETY:1 72,--j o yo ent', currenl License as issued by State of Florld2. Insurance Commissioner BID NO. 23-00/01 DATE: 3/13/01 . By: have caused this Bonf to be executed by their day of 0<:..- . a,;(JO .\ P '. ClPAL: (If die Proprietor or partnership) (Firm Name) BY Till :. (Sole Proprietor or Partoer) Enter rises Inc. (Co Alte t:..... ~ C .. (Secretary)' ~. ( ORPORATE SEAL) Insurance Company A !lrne">>-in- act C arl~s J. Nielson (Pow i of Attorney must be attached) CtTY or MIA . BEACH 17 CERTIFICATES AS TCORPORATE PRINCIPAL I, ~~ f}l1ifd t. certify that! in the fo~ ~nd; that yi\ '-'tlJ d .[ was then ..::i:f.. .eS\ W- of said Co . oration; that I know his signature, and his signature the Secretary ofthcCorporation named as Principal who signed the said bond on behalf of the Principal, hereto is genuine; and that said bond was duly igned, sealed, and attested for and in behalf of said Corporation by authority of its governing body f ~ .Corporate Seal STATE OF FLORJOA) 51 Miami-Dade COUNTY OF ) Before me, a Notary Public, duly co 'ssioned, qualified and acting, personally appeared Charles J. Nielson to me well kn.own, . hQ heiru1; by me first duly sworn upon oath, saY" that Internatlona'F~delfty he is the Attorney-in-fact, for the Insurance Co an and that he has been 3uthorized by Them to execute t ~ foregoing bond on behalf of the Conlractor named therein in favor of the City of Miami Beach, Floria. Subscribed and sworn before me this 220 October, ~2001A.D. / 1"6.... Kristi Mess.1 *JI[*My commission CC691021 '''ffl\:,f Exptres November 14, 2001 Public State of Florida-at-Large (Attach Power of Allorney) BID NO. 23-0010] DATE: 3/13/01 C]TY OF MIA BEACH t8 . ! ~~ , , ~ ~ -~. ~ :'1 ;1 , I ,~ "1--''''-- Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY TRESE PRESENTS: That tNTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws-of tile State of New Jersey, and having its principal Office in the City of Newark, New Jersey, -doe-s hereby constitute and,~ppoint BRETT ROSENHAUS, MIKE STEVENS, ROY MAY, KEVIN WOJtOWICZ, CHARLES J. NIELSON, CHARLES D. NIELSON Miami Lakes, FL.;: its true and lawful attorney(s}JD-fact to execute, seal and deliver for and cOD its behalf as surety, any a:ud all bonds: and undertakings, contracts of indemr;tity and other writings obligatory ID the natUre thtlreof, Which are or may be allowed, required or permittedbv taw, stature, rule, regulation, contract o-rotherwiset.}Uld the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURA~CE COMPANY, as fully and amply, to aU intentS and plllposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principaJ offIce. This Power of Attorn~_is executed, and may be revoked, pursuant to and by authority of Article 3-SOction 3, Qfthe By,:,Laws adopted by the Board of DirectOrs of INTERNATIONAL FIDEUTY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and aUthority (1) To appoint Attorneys-in~fad, and to authorize them to execute on behalf of the Company, and attach the Seal Of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attOrney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and Sealed by facsimile pursuant to resolution of the Board of Directors Of said Company adopted at a meeting duly called and held on the 29th day of April; 1982 of which the following is a true exceqit: Now therefore the signatures of such officers and the seal of the Compcmy may be affuted to any such power of attorney or any certificate relating thereto by facsimile, and any such poWer of attorney or certificate bearing such facsimile SIgnatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal Shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attaChed. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY hai caused this instrument to be signed and its cOIpOrate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. STATE OF NEW JERSEY County of Essex On this 31st dar of August 1998, before me came the iDdividual who ex-ecuted the---.prec6din&..Lnmumenti_t_~~tnePe.f$ona1IY known, and, being by me duly sworn, said the he IS the therein described and authorized officer of the INTERNAll0NAL FIDEUTY NSURANCE COMPANY; that the seal afftxed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal aDd his signature were duly affixed by order of the Board of Directors of sllid Company. IN TESTIMONY WHEREOF. I have hereUnto set my hand 8.ffixed my Offici81 Seal, at the City of Newark, New Jersey the day and year first above written. ~x.~'<S A Nor ARY PUBLIC OF NEW JEIlSEY My ComnUS$ion Expire:s Nov,. 21, 2~ CERTIFICATION I, tne undersigned officer of INTERNAtJONAt FIDELITY INSURANCE COMP~ do h~reby- 'ce$ty ,that I have,::compared 'the fo/egoing coPY,:of the Power of Attorney and aff~davit~ and, the copy (:If ~e-Section of the BY'"Ifws of said CQi:l:\pany,as set foM in said POwer-of Attorney, with the ORIGINALS 9N IN THE HOME OFFICE OF,SAID COMPANY, and that the ~me are correct transcripts thereof, andofth~, whole_ oithe said originals, alldthat th~said Pqwer pf Attorney has: not M~8 revoked'aful is now)n -full-force and effec~ lN' TE'STIMONy:",WHEREOF. I_have he,eUntO fO"J,}J1Y hand this day of ~~ )dtr,.t1l~ ksi$tant Secretary LABOR AND MA (SEctION . . Bond No. 0318033 RIAL PAYMENT BOND 5.05, FLA.. STAT.) BY THIS BOND, We SOUTHERN COAS . ENTERPRISES, INC. as Principal, and International Fidelity Insurance as cOiporatin, as Surety, are bound to the City of Miwni Beach, Company Florida, as obligee, herein called City, in the sef $ 170 , 062.00** for the payment of which we bind ourselves, our heirs, person representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if .rincipal: Promptly makes payments to all claiman Principal with labor, rnarerials, or sup prosecution of the work provided for in t , lis defined in Section 255.05 (I), fla. Stal., supplying ics, used directly or indirectly by Principal in the contract; and Pays City all losses, damages, expenses, co IS, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of th sOOnd. PerfoCll1.9 the guarantee of all labor and ma . rials furnished under the contract for the time specified in the contract, then this bond is void, oth ise it remains in full force. Any changes in or under the contract d .m.ents and compliance or noncompliance with any formalities connected with the contract or t .e. changes does not affect Surety's obligation uru.ler this bond. The provisions oESection 255.05, Fla. stat. lire specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated een the City and Principal is made a part of this Bond by reference. ClalaLlllts are advised that Section 255.05,3. Stat., cont3ins notice and time limitation provisions which must be strictly complied with. BID NO. 13-60/01 DATE; 3/13/01 CITY OF MI I BEACH I? IN WITNESS WHEREOF, the above bounde . partie have caused thi~Boqdto be executed by their appropriate officials of the day of U c..:c . ~ ). WITNESS: (Copy or A eDt's current License as iuued by State of Florida Insurance Commissioner BID NO. 13-00/01 DATE:: 3/t3/01 ',"":;,,,;'_'~'_,,;,:;::,,_,,;,,;':,h' " """'.0.,..,. PNCIPAL: (If Ie Proprietor or partnership) (Finn Name) BY "fitJ:'(Sole Proprietor or Partner) p elP At. (If Corporation) Enter rises Inc. z.~ Atte ''--nl~ f '(Secretary ~ By: Fidelity Insurance OrB y-In-fact arles J. Nielson of Attorney must be attached) CITY OF MI 20 ISEACJI , . .' CERTIFICATES AS TO CORPORA TE PRINCIPAL IJt~~OJl\ ( ~rn!~fy that! . in the foregoing bond; thatD\[Lf~flH.r t-.b then ~ es, \ G\L.+- of said Corporation; IS the Secretmy of the Corporation named as Principal tJ4-" o signed the said bond on behalf of the Principal, Wl1S at I know his signature, 8lld his signature hereto is genuine; and that said bond was duly signed, seal and attcsted for and in behalf of said Corporation by authority of its governing body. ~Corporale Seal ST ATE 0.1>" FLORIDA) Miami-Dade COUNTY OF ) Before me, a Notary Public, duly commi sioned. qualified and acting. personally appeared Charles J. Nielson to me well known, Internationa he is the Attorney in Fact, for the Insurance Co o bcing by me first duly sworn upon oath, says that Fidelity an and that he has been authorized by Them to execute foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida Subscribed and sworn befo October ,lOO 200 IA.D. (Attach Power of Attorney) ".b.' Kn.tt Mes.el *U' *My Commission CC691021 'It.,t~""''' Expires November 14, 2001 BID NO. 2J~O/O I DATE: J/1JIOt CITY OF MIAMI EACH 21 , . I ~ ~ .' ~ * I,! . , ,1 ,~.~ ~r\ .~ I . . POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY Tel (973) 624-7200 HOME OFFICE: ONE NEW ARK CENTER, 20TH FLOOR NEWARK. NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey.. and having its principal office in the City of Newark. New Jersey, does hereby constitute and M'POint BRETT ROSENHAUS' MIKE STEVENS, ROY MAY, KEVIN WOJTOWICZ, CHARLES J. NIELSON, CHARLES D. NIELSON Miami Lakes, FL.: its true and lawful attomey(s)-in-fact to. execute, seal and deliver far and on its behalf as surety, any and all bo.ndS and undertakings, contracts of indemnity and other writings Obligatory In the nattire thereof, which are or may be allowed, required orpe-nnitted by law. stature,l..,riile. r~utation, contract or otherwise, and the execution o.f such instrument(s) in pursuance of these presents, shall be as bindirig upon the llaid INTf'RNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to. all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected. officers at its principal office. This Power of Attorneyjs executed, and may be revokedJ..p!!rsuant to and by authority of Article 3.Section 3, of the By..Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of "February, f974. The President or any Vice President. Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and underlakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further! this Power of Attorney is si~ned and sealed by. facsimile pursuant to resolution of the Boaid of DirectorS of sajd Company adopted at a meeting duly calloo and held on the 29th day of April, 1982 of whl<:h the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any suCh power of attorney or certificate bearing such facsimile SIgnatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. STATE OF NEW JERSEY County of Essex On this 31st day of August 1998, before me carne the individual who executed the.--'pceceding instrumenti to l'QC~rsonally known, and, being by me duly sworn, said the he IS the therein describe-d and authorized officer of the INTERNATIONAL FIDELITY NSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate: Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, r have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. ~"'~~ A NOTARY PUBLIC OF NEW JERSEY My Cominission E~pires Nov. 21, 2005 CERTIFICATION t, the undersigtled officer of INTERNA110NAL FIDELITY INSURANCE COMPANY dO' hereby certify that I have compa~ the foregoing copy of the Power of Attorney and affidavit, and the copy pf-the SeCtion of the liy-Laws of said Con:tpany as set forth in said PQw~r Of Attorney, willi the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the. same are correct transcriptS thereof. and of the whole of the said originals. and that the said Power of Attorney has not been revoked and is now. in fun force and effect IN JES!IMONY WHEREoF, .t have hereunto .set .my hand ti:ris- -day of / -/f(~;t:~~ As~sbmt .S~cretary