MBCC West Wrap Fire Sprinkler
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INVITATION TO BID
MIAMI BEACH CONVENTION CENTER
WEST WRAP FIRE SPRINKLER
SYSTEM RENOVATION (pHASE II)
BID No. 52-00/01
BID OPENING: September 7, 2001 AT 3:00 PM
A PRE-BID CONFERENCE IS SCHEDULED FOR 11:00 A.M. ON AUGUST 21, 2001
AT THE FOLLOWING ADDRESS:
MIAMI BEACH CONVENTION CENTER
FOURTH FLOOR EXECUTIVE OFFICE
1901 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
DEPARTMENT
BID NO: 52-00101
DATE: 08/01101
CrIY OF MIAMI BEACH
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FlORIDA 33139
http:\\ci.miami-beach.fl.us
PROCUREMENT DI"ISION
CITY OF MIAMI BEACH
INVITATION TO BID NO. 52-00/01
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, lUltil3:oo p.m. on the 7th day of September, 200 1
for:
MIAMI BEACH CONVENTION CENTER WEST WRAP
FIRE SPRINKLER SYSTEM RENOVATION
Scope of Services: The work specified in this bid consists offiunishing all labor, machinery, tools, means
of transportation, supplies, equipment, materials, services necessary for the Upgrade of the fire sprinkler
system to meet N.F.P.A. 13 standards.' requirements at the City of Miami Beach Convention Center West
Wrap.
At time, date and place above, bids will be publicly opened. Any bids received after time and date specified
will be returned to the bidder lUlopened.
A Non-mandatory Pre-Bid Conference has been scheduled for 11:00 a.m. on August 21, 2001 at
City of Miami Beach Convention Center, 4th Floor Executive Offices, located at 1901 Convention
Center Drive, Miami Beach, FL 33139. Although this is a non-mandatory pre bid, it is highly
encouraged for Contractors to attend this pre-bid to have a full understanding of the scope of the
work.
A Bid Bond of one (1 %) percent of the bid amolUlt will be required. The successful bidder will be
required to furnish Perfonnance and Payment Bonds, each in the amolUlt of one-hlUldred (100%) percent
of the contract amount.
The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic
notification of bid opportunities and dOClUllent fulfillment. We encourage you to participate in this bid
notification system. To find out how you can receive automatic bid notifications or to obtain a copy
of this bid, go to www.demandstar.com or call toU-free 1-800-711-1712, and request Document
#523. Subscribing to DemandStar by Onvia's bid notification system is not a requirement. You will still
be able to find bid information and download documents through the City's website lhttp://ci.miami-
beach.fl.us). From the City's home page, click on Index. scroll down to Bids, RFPs, RFQs, etc., click on
Bid Information and Bid Status, double click on Order (Actions Column), and double click on
Download documents for a fee. You will be charged an administrative fee of $5.00 to download this
dOClUllent.
BID NO: 52-00/01
DATE: 09/07101
Cl1Y OF MIAMI BEACH
2
Attachment II (Amended)
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Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or
facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX:
(305) 673-7851. The bid title/number shall be referenced on all correspondence.
All questions must be received no 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 RECENED VERBALLY OR AFTER SAID DEADLINE.
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest
of the City of Miami Beach, or waive any infonnality in any proposa1 or bid The City of Miami Beach may
reject any and all proposals or bids.
CITY OF MIAMI BEACH
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
"CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164. A COPY OF ALL
WRITTEN COMMUNlCATION(S) REGARDING THIS BID MUST BE FILED WITH THE
CITY CLERK.
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS ETillCS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO.
2000-23879.
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234.
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Gus Lopez, CPPO
Procurement Director
BID NO: 52-00/01
DATE: 08/01101
CITY OF MIAM1 BEACH
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~~.
City Manager V' U
REQUEST FOR PPROVAL TO AWARD A CONTRACT TO FIREPAK,
INC., IN THE AMOUNT OF $168,000, PURSUANT TO BID NO. 52-00/01
FOR THE MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE
SPRINKLER SYSTEM RENOVATION (PHASE II).
Date: November 28, 2001
To:
Subject:
ADMINISTRATION RECOMMENDATION
Approve the award.
BID AMOUNT AND FUNDING
$168,000
Funding is available from the Convention Center Capital Account
No. 441.2216.069358.
NOTE:
Funds in the amount of $150,000 were originally appropriated in FY1998/1999, with an
additional $200,000 appropriated in FY 199912000. The remaining funds in budget code
2238 ($23,464.50) and 2216 ($174,692.90) will be utilized for this project. Per the City
Commission request for balance updates to be presented with Convention Center capital
project requests, current preliminary figures through October 31,2001 show $16,499,942
disbursed, with an additional $2,482,675 encumbered for projects in progress.
ANALYSIS
The work specified in this bid consists of furnishing all labor, machinery, tools, means of
transportation, supplies, equipment, materials, services necessary for the upgrade of the
fire sprinkler system to meet N.F.PA 13 standards/ requirements at the City of Miami
Beach Convention Center West Wrap.
In the process of replacing the West Wrap Fire sprinkler system (Phase I), last year, a
number of areas were identified by the City of Miami Beach Fire Marshall, which do not
meet the current N.F.P.A. 13 standards/requirements.
Budget
AGENDA ITEM C ;.f}
DATE 1/-Q-01
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Bid No. 52..00/01
Page Two
November 28, 2001
ANALYSIS (Continued)
This work includes adjustment of sprinkler pipes, heads, additional support brackets, and
several new installations, which were not previously required by code.
Additionally, The Fire Marshall has indicated the following as additional requirements,
necessary to bring this specific sprinkler system up to code:
. Conduct a 200-pound pressure test on the entire sprinkler system.
. Provide Sprinkler system under stairs of C & D halls.
. Install sprinkler head at entry of bathroom in D hall, northwest corner.
. Cut back the sprinkler heads in storage rooms, the required distance from the ceiling.
. Check all sprinkler escutcheons plates for proper release.
. Install Sprinkler branch hanger above ceiling.
The contractor will be substantially completed with the work within one-hundred-fifty (150)
calendar days, and the entire work will be completed within one-hundred-eighty (180)
calendar days after the issuance of the notice to proceed. The contractor will provide
Performance and Payment Bonds each in the amount of one-hundred (100%) percent of
the contract price.
Invitation to Bid No. 52-00/01 was issued on August 3, 2001, with an opening date of
September 21, 2001. A non-mandatory pre-bid conference and site inspection was held
August 21, 2001. DemandStar.com issued bid notices to one-thousand-nine-hundred-
nineteen (1919) prospective bidders, resulting in ten (10) vendors requesting bid packages,
which resulted in the receipt of two (2) responsive bids.
References have been checked with Rating Source and Dun & Bradstreet, and this
Contractor comes highly recommended. The information provided, indicates that this
contractor has been in business twenty-seven years as a General Contractor, and provides
quality work and completes all jobs within the required completion dates.
Based on this analysis, the City recommends that the contract be awarded to the lowest
responsive, responsible bidder, Firepak, Inc.
BID TABULATION
Vendor Lump Sum
Firepak, Inc. $168,000
Arfran II, Inc $197,200
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DRAWER: FIRST UNION NATIONAl.. BANK
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33H9
hllp:\\ci.miami-beach.ft.us
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PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 52-00/01
ADDENDUM NO.2
September 7, 2001
MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE SPRINKLER
SYSTEM RENOVATION is amended as follows:
I. Plans are available for this Project, but must be ordered through T -Square. The attached
order form (Attachment I) must be completed and returned to T -Square before
prospective bidders will receive requested plans.
II. "Notice to Contractors"; (page 2) Change to Read; "A Bid Bond of one (1 %) percent of
the bid amount will be required". (Attachment II)
Inasmuch as this change does not materially affect the bid docmnent, proposers are not required to
acknowledge this addendmn to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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Attachment 1- T -Square plans order form
Attachment 11- Page 2 (Amended) -
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C.O.D Order
T-SQUARE
AITN:CARMEN DAVILA
FAX 305-324-8040
PHO~E 305-3241234 EX. 320
CITY OF MIAMI BEACH
BID # 52-00-01
Authorized by : Roman Martinez
Fax: 305.325.1590
Complete Set
Totalll DRAWINGS 30" x 42" Plans
Price per SQ.FT S .12cnts full slzeJ half size S 1.00 per first copy &.45 second copy Total
(M1NIMUM ORDER FOR FREE DEUVERY S20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
Bill to:
COD T -Square Acct# 613204 Cash:_
Credit Card #
Vi:;a:_ Amex:_Master:_Other:
Ex. date
In the name of:
Authorization signature
Ship TO:
City
State
zip code
Phone:_-_-_Fax:_ -_ -_ Contact name
Title
Received by:
shipped by: UPS #
FEDEX #
Received by:
shipped by: UPS #
FEDEX #
Next day air _ Next day air saver _Ground _Second day air Ac'\1
Second air
Three day select
Handling charge S
Order received by T -Square:
Title:
ANY QUESTION AT T-SQUARE PLEASE CALL 305-324-1234
ASK FOR: Rusty James = VP Production
Don Walker = Production Department
Jesus Luya = Production Department
Veronica l.oIza = Account Manager
Carmen Elena Davila = Sales Manager
Ex!. 202
Ext. 224
Ex!. 224
Ex!. 230
Ex!. 320
If you already have account with T -Square please used your account #
to place order.
Thank you for your business.
(Attachment I)
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:\\ci.miami-beach.fl.us
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PROCUREMENT DMSION
Telephone (305) 673-7490
Facsimile (305) 673-7651
INVITATION TO BID NO. 52-00/01
ADDENDUM NO.1
August 31, 2001
MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE SPRINKLER
SYSTEM RENOVATION is amended as follows:
I. The Bid Opening date is changed from September 7, 2001 to September 21, 2001 at 3:00
P.M.
Inasmuch as this change does not materially affect the bid document, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Gus Lopez, CPPO
Procurement Director
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BID Ne. 52 "I
BID PIlOPOSAL lOR
MIAMI BEACH CONVI:N'IION CENDR WJ'.ST WRAP
FIRE SP.RINKLER SYSTEM RENOVAnON
PROPOSAL PAGE 1 Of' 5
I'IlOPOS.U. OF
FIREsWA1c, INC.
7911 N.W. 72 Ave., Suite 218A
Miami. EL as16B
(Address)
(FOR)
CoosIrucring die improw:meDs designalCd aod described in die 1iI--.t-1 Notice m Udlidual'i, and wbidl
said IqInM:mmls are .w;g,......., as dleMIAMI BEACH CONVENTION CENTER WfSI' WRAP
FIRE SPRINKLJ:R SYSTEM RENOVATION and DJ(R particuJady set fmh hlmn.
SUBMITfED Sl!LP'8IH 8ttZ Z\ 20~
TO MA YOK AND CITY COMMISSION OF MIAMI BEAc.u. FLORIDA:
We !be undersigned, hereby declare !bat no persoo or persoos, tinn or COlplJlidioo od1cr 1ban the
undezsigoed, ~ .~ in Ibis ProplQll, as ptu...ipaIs, and that this Pr~ is made wid1cU colh&oo
with any pcISOll. fum or COI:pu...tioo, and we ~ carefully and m our fun satisliuiuu ex.amiocd the
attached Notice to Cudhacto.s. General Provisions, Speci1icatioos fer Materials and Constructioo
Methods, ~i Cooditioos. and form ofComact and Hood, together with die actI"'~lyiog
Plans, and that we have made a full C"......jitatioCl of!be Iocabon ofdle pt~ Wade and !be scua:s of
saWY and ~" aDd we ha1:by ape to fimD5h aD impIP.o..."L.... I.aa.:h;.wy, 0,"-''''-' 1l........Wim.
tools, maII:rials, supplies., labor. and otber Ibings .... ' . i ID !be {X~ 1Di o....~ ofdle wodl:,
fully 'uudt..,&..-Iing 1bat the <P.......;",. sbown in die Notice to Udl......./S and Propodal are 1\n.~
ooIy, aod that we will fully compIde all uCC i work in lI(:COIdauce with die PJans and die ~
Specificaboos, aod !be ~.....dlo 1DIer tbcm of die ~ wiIbin die time limit specified in this
Propo$d fur die fullowiDg mit prices ~wit
8m NO: 52-8titl
DATE: .1I111tt
OIY or MlAMlIll:AOI
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MIAMI BEACH CONVDmON CENTER WI'SI' WRAP
Ji'IRI SPRINKLER SYSTEM RENOV AnoN
P.IIIOfOSAL PAGE % OJ' 5
All bid ..aR iDdDIe CXJIIS ... fl.- .. . ~ to die Oly all n . :.I, ~ r'\.-~'" ..I:i,~ lIJd baU CDt
in..ut...d in~ the ~ ~ inplLlrinn ofall--~ ecp~J aod.~ filmillhNl,
(lI.-,-1de inp.oe aod RaIy b",.":'.""" saW:e, incbiiDg all tio-in work ml testiDg. all other Iahr,
peonit fees, taxes, iIIsuraoce, mi......!'I...-.. C06tS, ovahead aod profit
The ~ sbaJ) be ~ 01----*11\.11 .... die Wert widIiB .. ".....tred fifty (150)
c:aJeadar da,,"the date wbm the Comract TIlDe .nou.~ to nm as poYided ill pBIlipcoph 23 of
the Ga1eml Cnnmno., aod ~ aod lady b" final paymeut in ~C:Ja..... with paragrapb 14.13
oftbe Gc:ueral ('.nnditinntc witIdII.......... eigIlty (180) ...a-hr days.... die.. .... die
Coatnct TIllIe -...- rt!... .....
ProYide all...., ~..odIt, .,... rial, aodsupnision Dt'X ~""'Y k) perfuw tbe fi1D exII:Dt oftbe 'MJItas
described herein:
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BID NO: 52.....1
DATE: .....1"1
aTY 01' MIAMI BEACH
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BID PIIOJ'OL!W, JOR
MIAMI BEACH CONVZN'I'ION aNTI'Jl WI'.ST WRAP
FIRE SPRJNIa..ER SYSTEM RENOVATION
PROPOSAL PAGE 3 OJ' 5
No.
2
ADDENDUM
No. I
Bidder acc:epIs aD oftbe terms ml CfI'~ of Dno~ iDcll..t;,'tS wiIbl:u I;...jj..~ 1bo&e
~Jir1g wiIh the disposition oftbe Pt~ Gtmaoty.
In subll.i~ Cbis Pl~ Bidder IDlIbs aD .~ ~..I:.u ~Q) by !be Ibsu..aious to Bidders and
further wammIS and .CpI..sca1s !bat
a. Bidder bIs ..b...;......, copies of aD the Bidding I)ol:;nmp.r1l!i\. Ibe Notice to Ud....tl::t'S, Ibe P1~
R.equiranems and Cooditiom, and Ibe fuIJow:ing Addenda (m:eipt of all which is hcn:by
acknowledged):
b. Bidder bas familiarimi itselfwJh!be naIUIe aud exlalt oftbe Coobact ~......".., Wcx:k Site,
Loc:aI.ity, and all Local CooditicI1s aud Laws aud ReguIaaioos that in any 1DlIIIIIl:r may a1'fect cost,
progress, perf,1II"1AI.~, or furoishing of the Work.
c. Bidda" bas studied can:fuIIy aU rqxxts and drawiDgs of subsurface coodi1ioDs md drawings of
pbysicaI cooditicms which are WntifiM in the SqlpIementary Cmditioos as puvided in Paragrap1
42 oflbe Geoe:ral Cooditiom, andaa:epcs thc ~ -...;,lAIioo set forth in PaI..lIfJh SC42 ofthc
Suppien"""buj Cooditioos of Ibe exleDt of the ~I data "".iII",;,obj in such reports and
drawings uplIl wbidJ. Bidder is enbded to rdy.
d Bidder bas otfti.1A1 and aRfuIIy studied ((]I" ...vr- .......lIld1i1ity ir ol,.",;"i.,g lIId carefiJIIy
SludyiDg)aD such __.I.;I...tio.II~. jm, ~.R. .........idiaJs, 1aIs DllJlDdies(maddition to arID
~ 1bose .db....d to in (b)~) wbicb pertain to Ibe subuface ell' pbysical rooditioos
at Ibe site ell' olbawise may affect Ibe cost,~... pe./i otI..an..e or tiwni!lhing ollbe Wcx:k at Jbe
c~ Price, wi1bin tbe Cmbac:tTIIDC and in ~~ wilh Jbe otbcr BIDs md~ of
the CooIract Docuruems. including speci:fically the provi.sjoDs of ParagnIpb 4.2 of Ibe Geoe:ral
C.(lDlfitious; Dl DO additioIiaI ......'ni....""'" im.."jl~ioos, e:xpIoratiaDs, IeSJS, IqlOdS or similar
informalioo or data are or will be ~ by Bidder for sucl1. pwpuSlcll.
BID NO: 51..1
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BID.... 52 "1
lID ROJIOSAL fOIl
MlAMlIlEACR CONVENTION CENTER WESI' WRAP
FIRE SPRINKLER SYSTEM RENOVATION
PROPOSAL PAGE" OF 5
e. BiddrI' his reviewed Idd .~ 11M 10 Mdl-......~ aod dIIIa shown er :...w..lIe'J in the Comact
D<Pno~ wiIh respect m e..~'lIlJldalSluwal Fa:iliaies Iter ............ m the _ aod --
~ -1IIitiIity fir !be 8(),;>-.A. ~..rinn of said ~uuul Far.o"litiH No lIMti._l ""~
~~ expbatioos, ... rqxxts er similar iufu..lt.otitwt er data in respect of said
~ F.~;':- an:erwiD be requiRd by Bidderino:derto pg:&.'1I aodfumisb the Walt
at the Comraa Price, wiIbin !be CmImct Tune and in ~~ wid! the odJcr lams and
~ of!be Comact rw........... whNiillg spcci&:aIJy the proY&:m ofPlb3g....,h 43 oftbe
GeocraI Cooditicms.
t: Bidder his ......~ !be reds ofall such oIB:rvabom, ~_...J~ ~".I$, ~.......
1ests, rqxxts and smdies with the IemJS aod wndil:ious of the CooaIact ~...........
g. Baler' bas giwn the City wriIIm ootice of aD ~~ emIS er di.o..."i-.';"" that it has disc::oYa'ed
in the CooIract I>ocurnc:ms aod the writta1 resoIutioo thl=ofby City is aca:pI8bIe 10 Bidder.
SIGNATURE:
FIREPAK,- ,INC.
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Miami, Fl 33166
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TELEPHONE NUMBER: I~{") 9,{"!J~'
FAX: 130~";) U('1S'~1
BID NO: 51....1
DATE: '11'1"1
an OF MIAMI BEAOI
7
... life. 51 tIlIl
... PIlOPOI!L\L fOR
MIAMI BEACH CONVI:N11ON CENTD WEST WRAP
I'IRE SPIUNIQ.ER SYSTEM RENOVATION
PROfOSAL PAGE 5 OF 5
'l'be ~~ blbt:r agn:a to 1-."1.... all rle( ~.t "&b W.... as puYidcd fir in lbe o-nllDl
Supplenp.... i Pnwisioos aod 10 ~ lbe ~ CooIract widJin 1m (10) ............ days aftI=:r lbe dale
(Xl wbicb dJe Notice of Award bas been pat. 'l'be ...~ tbrthcr agRleS to ..........e.a.e wuk UDder
Ibis Cclmact ftbin seYal (7) days tilowiog the dalIc inmd1lleo:l (Xl Ibe NaQce to Pro=d by dJe City aod
10 Stlt".4.....:.Qy O..'1....J... tbe WOlt aod 10 fuI1y aod FiIBlly ~ tbe Work wiIb lbe COIdIact Tune
period as ~..' . J in dJe A8r~.I.-t The UlIdersigocd furtbrr agRleS 10 pay as Iiquidared damages fur
each ~ QIII..nd.rr day that plISSCS a&r the Contract ~r CanpIdioo dale that the Work
is oot~.....:..ny~1eted, aod fureach~-uive r.:Ilrndm-day that passes aftc:rthe Comract Final
eon:.,letion _ that tbe Wcxk is DOt "".-..Act[ d aod ready ilr final JlIIIYIDlD, lbe lI1:OOIatk of liql~
.......,.... being as ~.~ in lbe AtjPftnftJI The UIIIlbsigdCd tbrthcr agRleS 10 timsb ~ aod
saI:illfia.by boud in tbe smn of DOt less dim (l()()lA.) ~ pcn:a1l ortbe ..wb....t prite or the wok.
The ~ fida' agRleS 10 bear fuR alSt of "_;,,"';,,i'lg all wodc um1 the finallkX.,........ll!, as
provided in the 0e0aaI Provisions.
Aix.. ..,...yiog this PJ~ is a Bid 80M made payable to the C'1ty of Miami Beach, Florida in the SIR
of \?o +
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DoUarsS 1"00/-
Bid 80M is to be fo.kibi as ~ ciulaoSd if; in case this Proposal is "". oq.tJ, the UDdersigocd shaD
filii to execuk lbe _twwl Coottact UDder Ibe . . of ibis PlOp06al; oIberwi.se, said Bid Bond is 10
be [PfttmM 10 the undersigned upon de . ofSatisfilcby Bond.
Addn:ss
wnber ~~~) 8 st:- s!> ~ \
PAK, INC.
7911 N.W. 72 Ave.. Suite 21M
. I. FL 33166
BID NO: 5%""
DAn::tMlft.
01Y Of' MIAMI 1EA0I
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..- .......~ . .-'r _~...,..... ~...... -- -- .rn.....
ef tlllllIId.
S-....:11hj m The Ma)u mI cay 0..... :.'" oftbe C1;y ofMiBmi Beach, Fbida:
By
7911 N.W. 72 Ave., Suite 218A
"iami, fl ~166
How mmy yaas hIs)'OUr U:V..:1afi.IO been in business as a ~I CootmcIIr l1IIdrr your pmsert
b.miuess I8DC? '2 f, t ftt. ';
PrincipalOftice
Does )'OB' ......:~I;.... baYe aD11D O('h~ IicaIses .."....,:.og it: to do !be \\Uk ......,~ in Ibis
contract? ~ft7
SlIde of Florida N'C~tinnsollicemc - state type and number: a ~ ~~ '%w, 1!:>
Dade Couoty a:ti:fic:R of ~ .. .."y - stale type and nmnber: 0 e ~,~ \fO \ 12>
City of Miami Beach 0CCl~11ia:ose - state type aod number: ll. ~ ~DO ~ t" \1!>
Include oopies of aheM: licenses and ~ wi1h p1upuood.
How many years ~ in similar \\Uk bas your ..!S"..:~..:.'O bad?
(A) A3 a General Contractor -
(B) As a Sub-Conttactor '2 "b 'I;c.~ 7
(C) What ~....ls bas your orgII"i7Minn compIetl:d?
Cootract ~ Class ofWc:xk When CormIeted Name/Address of Owner ;
I'll D"O .OO~ ~~Q\"" ~0fJC A'ttl6el.3ft.- ,!oo\).)(~4'J,l&.t,\l11~(,F~"!11'Z-
, 'tl '3.,. \ I ~. "1llto tJtJ11 rr;\-Itq\.t,~ I~I"
Have you CM:r' bad a 00DII8Ct tg...i....1wj (as prime udk-..b or SlJb.......&.dOo. UDder..DdjlJg ~y
IJlII]Je or 8DOIbcI- D'LIJ!'IIDY name) due to fiIiIure to ~ wilh C>"Iol...-to",,1
specificaIioos? }U)
If so. where and why? -
Has any ot1icecor psrIDr:r of your Ulg,u.;l>IhnQ CM:r' fililed to ~'lIt a COIISttUction ~cd hmviIM in
his own name? M.D
BID NO: SZ-tfJl.
DATE: .1I.tlel
an' 01' MlAMlIlEAOI
,
I
I
l
- - .
If 80, .. __ << ~ __ rL OWDCI; lIDd ..... tbeRof-
In wb8t cAbrr IDa of'bt--_)QJ f>._..:iaDy ~wt...d €r ""''PI f! -
~~ask)~~,ml~~;-~ ~,.~ ~1M~~
. .......j 'J '2 -+- i ",All, I \ 1JAh.J ... ~ .:d~'
....~ 1-
What eqbipUkall do you own tbat is awiJabIe for the J'I~ wen ml when: 1oc:ated?
~,\ !ZlIja..,.as(:' p.cz. '1"t2..oPL-
What BalIk €r Banks have you ~ to do t-..;.~ wiIh <bing 1be course of the CaJtIact sbould it be
awarded to you? ~~ J\.l\ M - .;AHII&.. ~ "'~o,,)..l
. .
Please list the DlIIIICS and addresses of'the subcootractors to be used for !be portioos of the work listed
beJow.
- .~A.IN~ -
(SEAL)
Bm NO: 5%-tlW1
DATE: '1I81!'1
mY Of' MIAMI Jll:AOI
II
liberti, ...
FR..-AK, 1tC.
..lance Sheet
M 01..,,1..... 21,2001
ASSETS
CurNnt M....
ChecldnglSavlnp
1001 . FIRST UNION - OPERATING
1002' FIRST UNION - PAYROLL
1003 . FIRST UNION - TAX
Total ChecldnglSavlngs
Accounts ReceiY8b1e
1200' Accounts R8ce1Yable
Total Accounts Receivable
Other CurNnt A.....
1010 . PMly cash -
1205 . CARLOS ARDAVlN
1206 . POLAR ICE CORPORATION
1215' StaIB Unemp. Refund Due
1225 . Employee Advances
1250' Payroll Taxes-Overpayment
121M) . Inventory
1380 . Due toIfrom officer
1382 . Anthony Marina
1385. Jorge dela Torriente
Total 1380 . Due toIfrom offtcer
Total Other Cumtnt Assets
Total Current Assets
.... 21, '01
285,960.05
20.91
-10,152.59
275,828.37
594,566.57
594,566.57
250.00
4,000.00
30,000.00
2,655.00
-7,648.60
9,149.04
18,401.56
301,898.31
265,777.08
567,675.39
624,482.39
1,494,877.33
I' f IP€'M::.. ,.
MlAMlBEACB CONVDrI1ON aN'nR WJ:ST WRAP
nu SPRINJa..Dl SYSTEM RENOVATION
CUS1'OMU unRDfCE LISTING
c.u.-.tur's sbal1 fiDIisb die DRDm,..... l.BI tlr ,AP1e ....oIIe..'" ofa ...;.,;......ofbr(4) finDs tr
F""" .......... '--F'.:,....... ir wbid11be a.......... is 'w.-41dy fi.....;.., tr has fi. ..:.A-.~ similar 8IZVil:a.
1) O.~hiName T)~l._"( L!l)\)?"'/Z\)G-1\avl
Address .,~~O U~ "T1 ~(. "l\fliJtl. n '~,~l.
J . / ~6L
COI11aCt PersonICootnIa Amount ..l.. ~w \)~ ~"Oo -+ ~""'1
\~&. L.SJ
Telepbooe Number ( ~ ~) ~ 1'Z-11~~
2)
~ Name Afl#Z..\\ ~ 0 ~~-r(2~1')M.
Address ,1{( \1..1 \qJt ~.wf- \..-t ~, ~1:::1: B\t".. lt~?
Contact Person/Contract Amount A, ~~ u ~ (\a~o J ~ \ v. H
.~~/
Telepbooe Number 11,0(") ~4.. ,,~O I '11' ,4-
~.'c!cM :1~,.
\
Address "01- {.o 12l'SO~b.l,.a' ~ O~ A'~l!"'11ol-
Contact Person/Contract Amount t,J(.I~~ D~~tJ ..~ \04 \.( (~L)
Telepbooe Number I ! \ '!>) 111... \ f, 1 L.
3)
COOlpaDy' Name
4)
eo.''1Il1lt:~ Name
JAlii~t
Address W'2D\ ~ 1o~" ," t~9 Flr \.h.~, ~ ~~ll~
~. ..
COI11act Person/Contract Amount f.rl\ll~{) U\J\)l\~ ~\ ~ ~
.. .. r
TelepbooeNumber \'!o() ~ AI, (,!J ",
BID NO: 5:Z~.
ilATE: O"ll1t.
an OF MIAMI-.ACB
II
. .
AGREEMENT
TIDS AGREEMENT made this ~'2 ~ day of\'lolJP~r 20..QL, A.D. between the CITY
OF MIAMI BEACH, a Florida municipal COIpOration, hereinafter called the City, which term shall include
its successors and assigns, party of the one part, and
fIREPAK. INe..
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 "MIAMI BEACH CONVElWlON CENfER WEST WRAP FIRE SP~R SYSTEM RENOVATION"
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 SubstantiaUy Completed with the Work within one-hundred
fifty (150) calendar days after the date when the Contract Time commences to nm as
provided in paragraph 2.3 of the General Conditions, and completed and ready for final
payment in accordance with paragraph 14.13 of the General Conditions within one-
hundred eighty (180) calendar days after the date when the Contract Time
commences to run.
BID NO: 52-00/01
DATE: 08/01101
Cf1Y OF MlAM1 BEACH
12
3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if
Work is not completed within the Contract times specified in paragraph 3.1 above (or
alternate bid item No.1, if awarded by City) plus any extensions th~of 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 lIIbitration proceeding the acwal
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 DoDan (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 sha1l neglect.,
refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall
pay Owner Two Hundred DoUan (5200.00) for each calendar day that expires after
the time specified in Paragraph 3.1 for completion and readiness for final payment
These amoWlts represent a reasonable estimate of Owner s expenses for extended delays
and for inspection, engineering seIVices and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinety, 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. Ifany 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 herein before
stated shall not deprive City of the right to exercise any option in this Agreement contained nor sha1l
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 amoWlt of 100 percent of Contract AmOWlt,
in the fonn as set forth herein or as otherwise approved by the City of Miami Beach City Attorney
and shall be executed by said Contractor and Surety Agent authorized to do business in the State
of Florida.
BID NO: 52-00/01
DATE: 08/01101
Cf1Y 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 I.Ultil Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for perfonnance of the Work in accordance with the Contract
Documents in current fimds at the Iwnp 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.
$ t~tl OOO~(
Contract Price:
11. The Contract Docwnents which comprise the entire Agreement between City and Contractor are
attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of
Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
.../ -..-
F1REPAK. INe.
. [EAL)
ATTEST:
wclur-
City Clerk
BlD NO: 52-00/01
DATE: 08/01101
CflY OF MIAMI BEACH
14
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I 'l-"''J...o~ (
~D8l8
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract
a) The contractor shall be responsible for his work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular
project. He shall specifically and distinctly assume, and does so asswne, 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.
a) 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:
i)
iI)
iii)
iv)
v)
vi)
viI)
BID NO: 52-00/01
DATE: 08/01101
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 contractua11iability.
Maintain Automobile Liability Insurance iocluding Property Damage covering
all owned, non-owned or hired automobiles and equipment used in connection with
the work.
Maintain any additional coverage required by the Risk Manager as indicated on the
Insurance Check List.
Name the City of Miami Beach as an additional insured on all liability policies
required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse
the policies to state that the City will not be liable for the payment of any premiwns
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
viit) Original signed Certificates of Insurance, evidencing such coverage and
endorsements as required herein, shall be filed with and approved by the City of
Miami Beach Risk Manager before work is started. The certificate must state
Bid Number and Title. Upon expiration of the required insurance, the contractor
must submit updated certificates of insurance for as long a period as any work is
still in progress.
ix) It is undeJStood 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.
c) The liability insurance coverage shall extend to and include the following contractual indemnity
and hold hannless agreement:
"The contractor hereby agrees to indemnifY and hold hannless 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$I,OOO,OOO.OO 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. 52-00101 "MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE SPRINKLER SYST&\I
RENOVATION". 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.
iI) 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.
d) All policies issued to cover the insurance 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 fimd for payment of
deductibles by the insured and approved by the City's Risk Manager.
BID NO: 52-00/01
DATE: 08/01101
CfIY OF MIAMI BEACH
23
e) The contractor will secure and maintain policies of subcontractors. All policies shall be made
available to the City upon demand. Compliance by the contractor and all subcontractors with
the foregoing requirements as to canying insurance and furnishing copies of the insurance policies
shall not relieve the contractor and all subcontractors of their liabilities and obligations 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.
t) Insmance coverage required in these specifications shall be in force throughout the contract tenn.
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 tenn, the City shall have the right to
consider the contract breached and justifying the termination thereof.
g) If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
h) It is understood and agreed that the inclusion of more than one insured under these policies sha1l
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: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
24
".
...
xxx 1.
Watbd 0-.,.... . >A1IIlf ~ J Mhitity per die s..y .... fldIe
.. offIaridL
xxx 2.
o..,.........~ 0maII LiIbiIil:y (~....... bill). Jia:iIB fliIbiiI:y SI.cm.cmoo
per oa:uoax:e ... bodily q..y ..~ .... J 10 D:bIe Yo.....;...J ~~...~ In<il;
Procb:ls aad 0.1, l'$Iid np-ew.; h~""'d ~ BmId Fcxm
Pk"l"'l1f 1)10.. iF P"".lIoc.l1f!l,'It aod c...a-.a.d .....""".n.;ty (Hold t.rm.......
eildot~exacdy 85 wriaa1 in "i1'ISI~ t~~" of5pC!>.~~).
xxx 3.
AptlJAlbile Liability - SIOO,OOO.OOI$3OO,ooo.OO - S5O,OOO.00 each 0CClDmICe
-~....,,,,IbiJcs~
4.
F.Ju:ess Liability - SI,lm,OOO.OO per oa:uma:e 10 fiftJw die primary ~
xxx s.
The CIty must be IIIIIItIlI as ... ,Miri,1IIlII insInd em die IiaIiJity pof~; aod it
DIM be stafIed em die c:atificafe.
6.
0dIa' J....HlIollO>e as irwti. -I:
_ BuiIdl:rs R&: P",.~ed wlue
- Liquor Liability
_ Fire Legal LiaIUty
_ ~ aad Inil'~..n.;ty
_FmpIoyee ~ Hood
_ Other
S
S
S
S
S
S
.00
.00
.00
.00
.00
.00
xxx 7.
Thirty (30) days wriaen ~ notice required.
xxx 8.
Best's guide mQng 8+:VI 0I'.bdtr.r, latest edition.
xxx 9.
The u:a~ DUSt st!* 1hc bid ,....~ aDd tide
BlDDDAND INSURANCE AGENT SfATDIENT:
w.'"'""'-<I.......-~~,{-..-L=,{.......--.."
by requiRd widJin me (5) days after bid ~.:.'5
-ElREPAK, INC. '
I.WJIr21 N.W. 72 Ave., Suite 21M 0 Bidder
Miami, FL 33166,
8m NO: 52......1
DATE:tIf01181
CrI'Y OfMIAMIIWACR
25
-.
DIVISION 1
General Provisions
Section I
DEFINITION OF TERMS
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or
Contract Bond the following tenns or pronoWlS 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.
1.5 "City Manal!er" - Chief Administrator of the City Commission.
1.6 "Enl!ineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized
assistants.
1.7 "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 Contractis 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,
chaIacter, dimensions and details of the work to be done, and which are to be considered as a part of the
Contract supplemental)' to these Specifications.
BID NO: 52-00/01
DATE: 08/01/01
CITY OF MIAMI BEACH
26
-.
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
1.16 "Specifications" - The directions, provisions and requirements contained herein, together
with all written agreements made or to be made, setting out or relating to the method and manner of
perfonning the work, or to the quantities and qualities of materials and labor to be furnished under the
Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting
forth conditions peculiar to the project under consideration. In case of any discrepancy between the
Standard Specifications and the Special Provisions, the Special Provisions are to govem.
1.18 "Supplemental Al!I"eement" - 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 oflabor 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 tenns of the Contract.
1.21 "Pavment Bond" - The security furnished by the contractor and the surety as to guaranty
that the contractor will pay a claimant. A claimant is defined as any person supplying the Principal with
labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the
prosecution of the work provided for in said Contract, and is further 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 consttuction is sufficiently complete in accordance with
the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the
use for which it is intended. A Certificate of Substantial Completion signed by the A/E of Record, the
contractor and approved by the City must be submitted in order to consider the work substantially
complete. Moreover, the substantial completion shall also be linked, for the City's convenience, to the
issuance of a Temporary Certificate of Completion or Temporary Certificate of Occupancy by the Building
Official.
BID NO: 52-00/01
DATE: 08/01101
Cf1Y OF MIAM1 BEACH
27
-.
Section 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2.1 Interpretation of Aooroximate 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
tinal quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead
misunderstanding or deception because of such estimate of quantities or of the character, location of the
work or other conditions pertaining thereto.
2.2 Examination of Plans. Soecification5. Soecial 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.
2.3 PreDaration of ProDosals - Proposals shall be submitted on the form provided. All blank
specifications for which quantities are shown must be filled in ink, in both words and figures with the unit
price for the item for which the 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, ifany, and signed by one or more of the
partners, and the post office address of each of the partners shall be shown. If made by a corporation, the
proposal shall be executed by setting out the corporate name in full, followed by a statement that it is
incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that
it is authorized and permitted to transact business in this State, and signed by its President, or other
authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address
of its principal place of business shall be shown.
2.4 Rejection of Irrel!1llar Prooosals - Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations ofform, additions not called for, conditions, unauthorized
alternate bids, or irregularities of any kind.
2.5 Guaranty to Accomoanv Prooosals - 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: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
28
2.6 Delivery of Prooosals - Each Proposal must be submitted in a sealed envelope which shall
be marked so as to indicate its content and name of Bidder clearly. If fOlwarded 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 fOlwarded otheIWise 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 Prooosals - 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 Openine: of Proposals - Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2.9 Disqualification of Bidders - Only one Proposal from an individual, firm, partnership, or
corporation, under the same or different names, will be considered. Should it appear to the Board that any
bidder is interested in more than one Proposal for the work contemplated all Proposals in which such
Bidder is interested will be rejected. The right is reserved to reject the proposal from a bidder who has not
paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts
with the same in force at the time of receiving bids.
2.10 Competency of Bidders - Bidders must be capable of performing the various items of wotk
bid upon. They shall furnish a statement covering experience on similar WOlK, a list of machinery, plant, and
other equipment available for the proposed wmk, 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 Guarantv - Before any Contract is awarded, the Bidder may be required to
finnish 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: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
29
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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 City Commission shall award the contract to the lowest and best
bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the
following:
I) The ability, capacity and skill of the bidder to perfonn the contract.
2) Whether the bidder can perform the contract within the time specified, without delay or
interference.
3) The character, integrity, reputation, judgement, experience and efficiency of the bidder.
4) The quality ofperfonnance of previous contracts.
5) The previous and existing compliance by the bidder with laws and ordinances relating to
the contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately
following the tabulation of Bids, except those of the three lowest Bidders. These 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 Wlless 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 smn equal to the amount of the Contract awarded.
The fonn of the Bond shaI1 be as approved by the City, and the Surety shall be acceptable to the City, and
executed on the fonn 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 Pavment Bond - Within ten (10) days after the Contract has
been awarded, the successful Bidder sha11 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 FaUure 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-
BID NO: 52-00/01
DATE: 08/01101
CfIY OF MIAM1 BEACH
30
advertised or may be constructed by day labor, as the City may decide.
3.7 Evidence of Authoritv - Before a Contract is executed the Bidder will be required to finnish
certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such
docwnents, and of the companies bound thereby to do business in the State of Florida.
BID NO: 52-00101
DATE: 08101101
CITY OF MIAMI BEACH
31
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Section 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 swplus 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 fonnal acceptance by the City, as herein provided, and
turn it over to the City as a whole, complete, free from defects, and ready for use in full compliance with
the Plans, these Specifications, the Special Provisions, Proposal, and Contract.
4.2 Special Work - Proposed construction or requirements not covered by these Specifications
will be covered by "Special Provisions" and perfonned or complied with by the Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to
make from time to time such alterations in the Plans or in the character of the work as may be considered
necessmy or desirable to complete fully and perfectly the proposed construction and such alterations shall
not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions
thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be
perfonned, and should added or eliminated work be of the same character as that shovrn 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 perfonn unforeseen work, fur 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 perfonned 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.
4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove all
obstIUctions that may come in the way of the contemplated improvements, such as pavements, sidewalks,
fences, buildings, trees, roots, stwnps, 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.
BlD NO: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
32
",
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All work prescribed and involved under this heading shall be considered as incidental to and
included in the unit price bid for the particular Work in which it is involved and no additional payment will
be made therefore unless otherwise specifically provided in the Special Provisions.
4,6 Ril!hts in and Use of Materials Found on the Work - The Contractor, with the approval
of the Engineer, may use in the proposed construction such sand or other 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: 52-00/01
DATE: 08/01101
CfIY OF M1AMI BEACH
33
Section 5
CONTROL OF THE WORK
5.1 Enl!ineer as Referee - To prevent all disputes and litigations, it is agreed by the parties
hereto that the said Engineer shall 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 supplerneaed by such working drawings as are necessary
to adequately control the Work. It is mutually agreed that all authorized alterations affecting the
requirements and infonnation 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.
W oIking Drawings for any sttucture shall consist of such detailed plans as may be required for the
prosecution of the work and are not included in the Plans fwnished 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 ofhis 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 Confonnitv 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 shall govern over both
Specifications and Plans.
5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one
copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant
attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other
contractors in every way possible.
BID NO: 52-00/01 CITY OF M1AMI BEACH
DATE: 08/01101 34
.
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The Contractor shall at all times have a competent English-speaking Superintendent, capable of reading and
thoroughly \lllderstanding 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 amO\lllt of work sublet.
5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work
done and materials furnisherl. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to
report to the Engineer as to the progress of the Work and the manner in which it is being performed; also
to report whenever it appears that the materials furnished and work performed by the Contractor fail to
fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any
such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any
obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case
of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of
perfonning 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 Contmctor, nor interfere with the management of the W OIX 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 tenns 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 mte of $150.00 per diem each, and the cost of same charged to the Contractor
and deducted from the final payment.
5.7 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 WlCOvering 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: 52-00/01
DATE: 08/01101
COY OF MIAMI BEACH
35
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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 perfonned, or to make any
necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications
within the time indicated in writing, the Engineer shall have the authority to cause the WlaCceptable or
defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made
at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or
repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or
which may become due the Contractor or may be charged against the "Contract Bond" deposited; and
continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly,
fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase
materials, tools, and equipment and employ labor or may contract with any other individual, !inn, or
corporation to perfonn the Work. All costs and expenses incurred thereby shall be charged against the
defaulting Contractor and the ammUlt thereof deducted from any monies due or which may become due
him, or shall be charged against the "Contract Bond" deposited. Any work perfonned, as described in this
paragraph, shaH not relieve the Contractor in any way from his responsibility for the work perfonned by
him.
5.9 Final InsDection - Whenever the Work provided and contemplated by the Contractor shall
have been satisfactorily completed and the final cleaning up perfonned, the Engineer shall within ten (10)
days, unless otherwise provided, make the final inspection.
BID NO: 52-00/01
DATE: 08/01101
CfIY OF M1AMI BEACH
36
...
Section 6
CONTROL OF MATERIALS
6.1 Source of SuPPlY and Oualitv 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
ContJactor or producer for examination and tested in accordance with the methods referred to under
Samples and Tests, Paragraph 6.2. Only materials confonning to the requirements of these Specifications
and approved by the Engineer shall be used in the Work. All materials proposed to be used may be
inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of
supply which have been approved do not furnish a uniform product, or if the product from any sources
proves unacceptable at any time, the ContJactor 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 Wode.
6.2 Samples and Tests - For the pmpose of assisting his judgment the Engineer may require any
or all materials to be subject to test by means of samples or otheIWise 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 Wode 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 finnished sufficiently in advance so that the results of the required tests may be secured
prior to the incorporation of the material in the Wode.
The manner of collecting and testing samples, as well as all apparatus and equipment used for this
purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be,
insofar as these are applicable - unless specifically stated otherwise.
6.3 Storal!e of Materials - Materials sha1l be stored so as to inst.rre 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 ContJactor.
BID :'I/O: 52-00/01
DATE: 08/01101
C11Y OF MIAM1 BEACH
37
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Section 7
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7.1 Laws to be Observed - The Contractor mta fumiliarize himself and comply with all Federal,
State, County, and City laws, ordinances, or regulations, and govem 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
The City has contracted with DemandStar by On via (the City's Vendor
Database Management firm); as our electronic procurement service for automatic
notification of bid opportwlities and document fulfillment We encourage you to
participate in this bid notification system. To find out bow you can receive
automatic bid notifications or to obtain a copy of this bid, go to
www.demandstar.com or call ton-free 1-800-711-1712, and request
Document #523. Subscnbing to DemandStar by Onvia's bid notification system
is not a requirement You will still be able to find bid information and download
documents through the City's website btto://ci.miami-beach.fl.us). From the
City's home page, click on Index, scroll down to Bids, RFPs, RFQs, etc., click
on Bid Information and Bid Status, double click on Order (Actions Column),
and double click on Download documents for a fee. You will be charged an
administrative fee of $5.00 to download this dOCUIl1ent.
It is the responsibility of the bidder to inform DemandStar.com concerning any
changes, such as new address, telephone nwnber, or commodities.
7.2 Permits. Licenses. Occuoational Licenses - The Contractor shall procure all pennits and
licenses as required, however, there will be no charge for the construction permits issued by the City of
BID NO: 52-60/01
DATE: 08/01101
CITY OF M1AM1 BEACH
38
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 \Blderstood and agreed that
without exception contract prices are to include all royalties and costs arising from patents, trademaIks, 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 agreement with the patentee or owner, and a copy of this
agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as
noted, the Contractor and the Surety in all cases shall indemnify and save hannless 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 perfonned \Bleier 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 Ri2ht of Wav - In cases where the Work is done on private property the City guarantees the
Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions
not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit
any sections of the Work which depend upon a right-of-way gnut 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 necessw:y
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 perfonned by him.
7.5 Restoration of Surfaces Ooened bv Permit - Any individual, finD, or corpomtion wishing
to make an opening in the street must secure a pennit from., and will be required to deposit security with,
the Engineer, in a suitable amO\Blt to cover the cost of making the necessary repairs, and the Contractor
shall not allow any person or persons to make an opening tmless a duly authorized pennit 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 \Bleier
BID NO: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
39
"Extra Worlc." 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 perfonned 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 ofhis employees as is necessary to comply with the
requirements and regulations of State and County Boards of Health. He shall commit no public nuisance.
7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure
the least obstruction to traffic practicable, and shall provide for the convenience of the generai 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 Closinl! 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, shall be rnain1ained
by the Conttactor in all cases and the Engineers office and the Fire Department shall innnediately be notified
by telephone or otherwise upon the closing and/or opening of each street or section thereof.
7.9 Barricades. Warninl!s. and Detour Sims - The Contractor 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 bmning 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 armmd 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.
BID NO: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
40
7.10 Fire Hvdrants. Gutters. Etc. - Fire hydrants on or adjacent to the Work shall be kept
accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10)
feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction
of sewer inlets, gutters, and ditches will not be pennitted.
7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the Ule of explosives is
not contemplated in the prosecution of this Contract, and in no case will their use be pennitted without the
written pennission of the City Engineer and a pennit issued by the Chief of the Fire Department. Where
such pennission 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 nwnber and size of the charges shall be reduced. All
explosives shall be stored in a secure manner, and all such storage places shall be marked clearly,
"DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen.
7.12 Preservation of Property - The Contractor shall preserve from danger all property along
the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public
utilities, 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 worl<: is
authorized by the Engineer, provided that such property has not been damaged through fault of the
Contractor, his employees, or agents.
BID NO: 52-00/01
DATE: 08/01101
Cl1Y OF MIAMI BEACH
41
7.13 Responsibilitv for Damal!e. 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 constmction
of the improvement, or by, or on account of any act of Olnission, 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 fwnished 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.
7.14 Contractor Resoonsibilitv for Work - Until acceptance of the Worl<: 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 thereof by the action of the elements or from any other cause whatsoever arising from
the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and
make good, at his own expense, all injuries or damages to any portion of the W orl<: 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 Ooeninl! of Section of Work for Service - Whenever, in the opinion of the Engineer, any
portion of the W orl<: 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 worl<: 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 Lel!al Ril!hts - The City reserves the right, should an error be discovered
in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on
the part of the Contractor be discovered after the final payment has been made, to claim and recover by
process of law such sums as may be sufficient to correct the error or make good the defects in the worl<:
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: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEAm
42
Section 8
PROSECUTION AND PROGRESS
8.1 Sublettin2 or Assitrninl! Contracts - The Contractor will not be permitted to sublet, assign,
sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest
therein to any individual, firm, or corporation without the written consent of the Board. In case such
approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts
or transfer of Contract shall in any case release the Contractor ofhis liability under this Contract and Bond.
8.2 Prol!ress of Work - It is understood and agreed that the Contractor shall commence worl<:
not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate
force of labor and equipment to prosecute the W orl<: 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 worl<: is to be confined, at anyone time, to five squares, not
to exceed l,5oo feet in length; and while the worl<: 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 worl<: 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 worl<: and dispose his materials so as not to interfere
with the operations of other contractors engaged upon adjacent worl<: 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 worl<:
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 worl<:
performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Worl<:
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 woIkmen as are careful and competent. Whenever the Engineer shall
determine that any person employed by the Contractor is, in his opinion, incompetent, tmfui1hful, disorderly,
or insubordinate such person shall, upon notice, be discharged from the Worl<: and shall not again be
employed on it except with written consent of the Engineer.
BID NO: 52-06/01
DATE: 08101101
CITY OF MIAMI BEACH
43
All worl<:men must have sufficient skill and experience to properly perfonn the woJk assigned them.
All woIkmen engaged on special worl<: or skilled work, or in any trade, shall have had sufficient experience
in such worl<: to properly and satisfactorily perform it and to operate the equipment involved, and shall make
due and propt;r 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 fwnish 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 Worl<: 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
prope1ty, 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.
8.5 Temoorarv 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 worl<: for an indefinite
period, the Contractor shall store all materials in such manner that they will not obstruct or impede the
traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable
precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the
roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The
Contractor shall not suspend the W orl<: 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 worl<: 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 Worl<: 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 Worl<: has been delayed in consequence of
any suspension of worl<: 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
determi..ied 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 worl<: or material
in greater value than set forth in the Contract, then the contract time shall be increased in the same ratio as
the additionai value bears to the original value contracted for. No allowance shall be made for delay or
suspension of the prosecution of the W orl<: due to fault or negligence of the Contractor.
BID NO: 52-00/01
DATE: 08/01101
Cl1Y OF MIAMI BEACH
44
I:
,I
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 Worl<: not being in the condition contemplated by
the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but
if the Contractor shall be delayed in the perfonnance of his worl<: by reason of the streets or structures
adjacent to the Worl<: not being in condition contemplated, or on account of delay in the removal of
obstructions, or by reason of the W orl<: 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 Worl<: to be done under this Contract is to
be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper
dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time
limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion
of said W orl<: is of the essence of the Contract, and should the Contractor fail to complete the W orl<: on or
before the date specified it is agreed that for each calendar day that any worl<: 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 W orl<: 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 Dav See Paragraph 3.2 of
Agreement
The Contractor shall take into account all contingent worl<: 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 worl<: 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 het:Cin contained.
8.8 Annulment or Contract - If the Contractor fails to begin the Worl<: under Contract within the
time specified, or fails to perform the W orl<: with sufficient woIkmen and equipment or with sufficient
materials to insure the prompt completion of said Work, or shall perform the Worl<: unsuitably, or shall
neglect or refuse to remove materials or perform anew such worl<: as shall be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Wark, 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 cany on the Worl<: in an acceptable manner, the
Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default,
specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not
proceed in accordance therewith, then the Board shall 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
BID NO: 52-00/01 Cl1Y OF MIAMI BEACH
DATE: 08/01101 45
power and authority, without violating the Contract, to take the prosecution of the worl<: 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 the
completion of said Contract in an acceptable manner. All costs and charges incurred by the Board,
together with the costs of completing the WoJk under contract, shall be deducted from any monies due or
which may become due said Contractor. In case the expense so incurred by the Board shall be less than
the sum which would have been payable under the Contract if it had been completed by said Contractor,
then the said Contractor shall be entitled to receive the difference, and in case such expense shall exceed
the 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 Responsibilitv - 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: 52-00/01
DATE: 08/01101
CfIY OF MIAMI BEACH
46
Section 9
MEASUREMENT AND PAYMENT
9.1 Measurement of Quantities - All worl<: 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 worl<: is done upon
written instructions of the Engineer.
9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept
the prices and rates, as herein specified, in full payment for fwnishing all materials, labor, equipment, and
tools, and for performing all the Worl<: contemplated and embraced in the attached Specifications and
Proposal, also for all loss or damage arising out of the nature of the W orl<: 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 Wark, 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 Wode
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 Pavment and Compensation for Altered Quantities -When Alterations in Plans or
quantities of worl<: not requiring Supplemental Agreements as hereinbefore provided for are ordered and
perfonned, 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 Worl<: done on a "Force Accomt" 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
Socia1 Security Taxes, Unemployment Insurance, and WoIkmen's Compensation Insurance involved in such
force account work, based on the actual wages paid the said labor and foremen. No percentage will be
added to the cost of such taxes or insurance.
(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.
BlD NO: 52-00/01
DATE: 08/01101
Cl1Y OF MIAMI BEACH
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(c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels,
drills, concrete mixers, pumps, and hoists, also indus1ria1 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 worl<: 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 worl<: 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 ofhis authorized representative,
and to the Contractor. All claims for extra worl<: 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 worl<:
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 worl<: by order of the
Engineer.
9.6 Partial Pavrnents - If the Work progresses according to Contract, the Contractor will be
paid monthly ninety (90) percent of the value of the worl<: completed, and lnaterials 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 W orl<: within thirty (30) days; ten (10) per cent of the amount due
being reserved until a final 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 worl<: 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 worl<: in the
Contract and liquidate unsatisfied claims.
BID NO: 52-00/01
DATE: 08/01101
CfIY OF MIAMI BEACH
48
9.7 Acceptance and Final PaVlDent - Whenever the improvement provided for under this
Contract shall have been completely perfonned on the part of the Contractor, and all parts of the Worl<:
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 W orl<:.
Upon acceptance of the Worl<: by the Board, a Final Estimate showing the value of the Worl<: 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 fwnished to the Board a sworn affidavit
to the effect that all bills are paid and no suits are pending in connection with the W orl<: 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 doctunents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LEITER OF APPROVAL OF THE
SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL
CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LEITER OF FINAL
COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record, approved by the
City.
BID NO: 52-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
49
Section 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall fwnish
satisfactory evidence that he has complied with the WoIkmen's Compensation Act of the State
of Florida, and any amendments thereto, and all laws pertaining to the protection of his
employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank
draft of any National or State bank, or Bid Bond payable to the order of the City of Miami
Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid
shall accompany each proposal. The Performance and Payment Bonds shall each be in the
amount of one hundred (100%) percent of the contract price, submitted by the successful bidder
and placed through a Miami Beach agency where practicable.
10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the worl<:.
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 UABnJTY: All suits, actions, or claims of whatever nature which, may arise
occasioned either directly or indirectly by the worl<: 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 worl<: in order to
become familiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all pennits and licenses as required, however, there
will be no charge for the construction pennits issued by the City of Miami Beach.
10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS:
In case of conflict between the requirements of Special Provisions and General Provisions, the
requirements of the Special Provisions will prevail.
10.8 LIMITATIONS OF OPERATIONS:
No worl<: shall be accomplished on Saturdays and Sundays. No worl<: shall take place between
the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to
protect worl<: already accomplished. Any worl<: 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: 52-00/01
DATE: 08/01101
CfIY OF MIAMI BEACH
50
BID No. 27-00/01
ITEM DESCRIPTION:
MIAMI BEACH CONVENTION CENTER
WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION
(PHASEffi
Technical Specifications
Upgrade fire sprinkler system to meet N.F.P.A. 13 standards!
requirements.
. First floor, D spiral staircase room in comer air handler room no ceiling:
Relocate exiting coverage to uprights (8) heads.
. D hall men and women's room and short hallway access from inside:
Change out (25) heads with adjustable drops, including 12 inch line.
. D storage chiller room needs approximate:
New installation of (40) heads. No existing coverage or feed into room, must include pennit.
. Women and men's room access from C bay:
Install (15) heads and drop change out.
. Generator transformer room:
Remove or upgrade coverage SW comer, next to chiller add (2) new heads.
. SW comer chiller room access from outside large area:
With no system coverage, design and install fire sprinkler system.
. West food court, second floor:
Install (4) heads to burn to uprights. There are (7) heads next to door also.
. Second floor, service coordinator:
Change existing semi recessed heads to be flush mount heads to avoid risk of damage.
. Electrical machinery room by D 237 access from service corridor:
Install trapeze hanger for long I" pipe extending from wall.
. Next to D 239 access from service corridor, second floor:
Install T B C clamp or a/c bracket for 1" line.
. Second floor fire exit, north maintenance room, next to air handler:
Change out 1 1/4 X 1 X X 1/2 tee rusted must be cut out.
. Dimmer room in storage back comer:
Needs full installation (1) head upright penetrate block wall.
. Second floor closet next to service elevator C needs:
New insta1Iation upgrade branch line to accommodate extra head.
. Second floor, next to room C 221 access from service hall:
Tum (4) heads to uprights.
. Air handler room, next to previous room:
Tum 90 up and install upright head.
. D storage first floor, next to escalators, kitchen area first floor:
Install upright head upright, install rod and hanger.
. Storage room west food court:
Convert to upright head
BID NO: 52-00/01
DATE: 08/01101
CTIY OF MIAMI BEACH
51
. Behind C electric room:
Change (2) heads into uprights
. Exlnbit hall C Citibank storage room next to ATM machine:
Tum up (5) heads and instalI uprights.
. Electric/phone roorn next to stairwell exhibit hall C:
Install upright.
. Hall C, SE side of room starting from SW comer:
Head no.'s 62, 63, 64, 64 and 87 (15) hangers need to be installed.
. Hall C:
Relocated (10) heads total above ceiling, which are pushed up above the ceiling. These heads need
to be dropped below the ceiling for proper coverage.
. Ticket booths, second floor north side need:
instalIed (5) hangers on long arm overs.
. Main hall in front of the stairwell opening:
Install (11) hangers in front of room 235.
. WestroomC22l:
Replace rusted out swing joint, (3) hangers.
. Room 226:
Install (1) standard hanger and (8) swing joint hangers. Replace leaking riser nipple on main.
. Room C 235: (6) hangers
. Room C 224: (8) hangers
. Room C 223: (8) hangers
. Room C 222: (7) hangers
. Room C 221: (5) hangers
. Room C 220: (5) hangers
. Room C 219: (8) hangers
. Room D 230: (8) hangers
. Room D 229: (8) hangers
. Room D 231: (8) hangers
. Room D 232: (1) hanger
. Room D 241: (3) hangers replace rusted 90 in closet.
. Room D 240: (5) hangers
. Room D 239: (2) hangers
. Room D 238: (6) hangers
. Room D 237: (6) hangers replace rusted I" pipe SE comer & (1) on NE comer.
. Room D 236: (6) hangers
. Room D 235: (10) hangers
. Room D 234: (8) hangers
. Room D 233: (11) hangers
. Second floor, south side, in front of room C 224:
Install (2) hangers.
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. Second floor, south side, in front of room C 221:
Install (1) hanger.
. West side stair shaft, in front ofroom C 219:
Install (1) hanger
. First floor, high side in front of entrance D:
Install (28) hangers, will require a 26' lift.
. First floor, high side in front of entrance C:
Install (26) hangers, will require lift.
. North chiller room:
New installation of (60) heads including tying into main feed, will require lift.
. Southwest chiller room:
New installation of (1 50) heads including tying into main feed, will require lift.
. First floor, small corridor accessing rooms C 1,2,3, and 4:
Install (3) hangers.
. First floor, lady's room southwest side 3"\ 5th, 6th;
Relocate heads from above interlocking tiles.
. First floor, first aid room:
Install (2) hangers
. Exhibit hall C, low, first floor area:
4th head due north of staircase center needs hanger.
Replace rusted 90 in front of electric room next to the south stairway.
Install a trapeze hanger directly in front of the coffee vendor.
. Food court area first floor:
Replace (1) rusted 90 center row, above 3rd arch.
Install (6) hangers
Install (2) hangers
Install (2) hangers on heads on arm overs.
. Exhibit hall D, first floor low area:
Install (3) hangers to install in front area
Install (2) heads to drill in under north escalator
Install (12) heads reworl<: under alc duct.
. Exhibit hall D, fourth floor northwest section:
4th head in soffit from the south needs to be replaced corroded.
. Room C 127:
Replace (2) rusted 90's and add (1) hanger.
. Hallway accessing D 1,2,3,4 (1) hanger.
. Exhibit hall D high area, lift required:
Install (64) hangers.
Install (l5) hangers with top beam clamps.
. Both telephone rooms:
New installation of (6) heads.
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Per The Miami Beach Fire Department, the following will also be required:
. 200 pound pressure test to be conducted on the entire sprinkler system.
. Sprinkler system under stairs of C & D halls.
. Sprinkler head at entry of bathroom in D hall, northwest comer.
. Sprinkler heads in storage rooms must be cut back the required distance from the ceiling.
. All sprinkler escutcheons plates must be checked for proper release.
. Sprinkler branch hanger missing above ceiling.
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DIVISION 3. LOBBYISTS
Sec.2-481. Defmitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the City commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined fimctions or areas
of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all department heads, the City
attorney, chief deputy City attomey and all assistant City attomeys; 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 who seeks to
encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any
commissioner; any action, decision, recommendation of any City board or committee; or any action,
decision or recommendation of any personnel defined in any manner in this section, during the time period
of the entire decision-making process on such action, decision or recommendation that foreseeably will be
heard or reviewed by the City commission, or a City board or committee. The term specifically includes
the principal as well as any agent, 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 fimctions. 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 )--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the City cieri<: Every
person required to register shall register on forms prepared by the clerk, pay a registration fee as
specified in appendix A and state under oath:
(1) His name;
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(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 infonnation 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.
(d) Separate registration shall be required for each principal represented on each specific issue. Such
issue shall be described with as much detail as is practical, incIuding 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 cIeri<: shall reject any registration statement not providing a description of the
specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(t) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists
shall be required prior to October 1 of every ev~numbered year; and the fee for biennial
registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the extent of
any business, financial, familial or professional relationship, or other relationship giving rise to an
appearance of an impropriety, with any current City commissioner or personnel who is sought to
be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (t) of this section shall be deposited by the
cIeri<: 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 tinancial
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 cIeri<: 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)
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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 compensation or reimbursement, whether direct, indirect or contingent, to express support
of or opposition to any item, shall not be required to register as a lobbyist, including but not limited
to those who are members of homeowner or neighborhood associations. All speakers shall,
however, sign up on forms available at the public hearing. Additionally, any person requested to
appear before any city personnel, boa.-d or commission, or any person compelled to answer for
or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an
administrative hearing shall not be required to register, nor shall any agent, attomey, officer or
employee of such person.
(Ord. No. 92-2777, ~ 4, 5, 3-4-92; Ord. No. 92-2785, ~ 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of
the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall
maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any
personnel as defined in section 2-481.
(Ord. No. 92-2785, 9 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city cieri<: a signed statement under oath
listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed
even if there have been no expenditures during the reporting period.
(b) The city cieri<: shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations
filed. All logs required by this section shall be prepared in a manner substantially similar to the logs
prepared for the state legislature pursuant to F.S. ~ 11.0045.
(c) All members of the city commission and all city personnel shall be diligent to ascertain whether
persons required to register pursuant to this section have complied with the requirements of this
division. 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.
(d) The city attomey 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 prolubit 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)
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DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
( a) Contracts for the provision of goods, services, and construction projects other than audit
contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prolubition 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 administrative staff
including, but not limited to, the city manager and his or her staff; (b) any communication
regarding a particular RFP, RFQ, RFLl, or bid between the mayor, city commissioners,
or their respective staffs, and any member of the city's administrative staff including, but not
limited to, the city manager and his or her staff; (c) any communication regarding a
particular RFP, RFQ, RFLl, or bid between a potential vendor, service provider, bidder,
lobbyist, or consultant and any member of a city evaluation and/or selection committee;
and (d) any communication regarding a particular RFP, RFQ, RFLl or bid between the
Mayor, City Commissioners or their respective staffs and any member of a city evaIuation
and/or selection committee. Notwithstanding the foregoing, the cone of silence shall not
apply to competitive processes for the award of CDBG, HOME, SIDP 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, RFLl, 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, and said RFP, RFQ, RFLl, or bid is awarded; provided,
however, that following the Manager making his or her written recommendation,
the cone of silence shall be lifted as relates to communications between the Mayor
and Members of the Commission and the City Manager; providing further if the
city commission refers the manager's recommendation back to the city manager or
staff for further review, the cone of silence shall continue until such time as the
manager makes a subsequent written recommendation, and the particular RFP,
RFQ, RFLl, or bid is awarded or b) in the event of contracts for less than $25,000
when the city manager executes the contract.
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(3) Exceptions. The provisions of this ordinance shall not apply to: (a) oral comnnmications at
pre-bid conferences; (b) oral presentations before evaluation committees; (c) contract
discussions during any duly noticed public meeting; (d) public presentations made to the city
commissioners during any duly noticed public meeting; (e) contract negotiations with city
staff following the award of an RFP, RFQ,.RFLI, or bid by the city conunission; or (f)
communications in writing at any time with any city employee, official or member of the city
commission, unless specifically prolubited by the applicable RFP, RFQ, RFLI, or bid
documents; or (g) city commission meeting agenda review meetings between the city
manager and the mayor and individual city commissioners where such matters are
scheduled for consideration at the next Commission meeting. The bidder, proposer,
vendor, service provider, lobbyist, or consultant shall file a copy of any written
communications with the city cieri<:. The city cieri<: shall make copies available to any person
upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their
respective staffs, and any member of the city's administrative staff including, but not limited
to the city manager and his or her staff, (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 administrative staff including, but not limited to, the city
manager and his or her staff; and (c) any communication regarding a particular RFP, RFQ,
RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant
and any member of a city evaluation and/or selection committee; and (d) any
communication regarding a particular RFP, RFQ or bid between the Mayor, City
Commissioners or their respective staffs and any member of a city evaluation and/or
selection committee. 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)(3) and (b)(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. The
cone of silence shall terminate a) at the time the city manager makes his or her written
fecommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city
commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, that
following the Manager making his or her written recommendation, the cone of silence shall
be lifted as relates to communications between the Mayor and Members of the
Commission and the City Manager; providing finther if the city commission refers the
manager's recommendation back to the city manager or staff for finther review, the cone
of silence shall continue until such time as the manager makes a subsequent written
recommendation, and the particular RFP, RFQ, RFLI, or bid is awarded or b) in the event
of contracts for less than $25,000 when the city manager executes the contract.
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.
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider,
lobbyist, or consultant (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, RFU, or bid for audit by
the city commission; or (iv) from connnunicating 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 etc. shall file
a copy of any written communication with the city clerk. The city cieri<: shall make copies
available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, vendor, service
provider, consultant, or other person or entity from publicly addressing the city
commissioners during any duly noticed public meeting 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. A violation of this section by a particular bidder, proposer,
vendor, service provider, lobbyist, or consultant shall subject said bidder, proposer, vendor, service
provider, lobbyist, or consultant to the same procedures set forth in, Division 5, entitled "Debarment
of Contractors from City Work; shall render any RFP award, RFQ award, RFLI award, or bid
award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant void; and
said bidder, proposer, vendor, service provider, lobbyist, or consultant shall not be considered for
any RFP, RFQ, RFLI or bid for a 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 and/or selection committee. In addition to any other penalty provided by law,
violation of any provision of this division by a city employee shall subject said employee to
disciplinary action up to and including dismissal. Additionally, any person who has personal
knowledge of a violation of this division shall report such violation to the city attorney's office or
state attomey's office and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, 1,1-6-99)
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SECTION 2. 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 part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABiliTY.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held
invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance.
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect on the
adoption.
day of
. 200 1, which is 10 days after
PASSED and ADOPTED this
day of
,2001.
Mayor
ArrEST:
City CIeri<:
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ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI,
ENTITLED "PROCUREMENT", BY CREATING DMSION 5, ENTITLED
"DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF
CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY;
CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors
from City Worl<:" reading as follows:
Division 5. Debarment of contractors from City worl<:.
Section 2-397. Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debarment of contractors from City worl<:
may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only when it is in the public
interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed
in accordance with the procedures contained in this ordinance.
Section 2-398. Definitions.
(a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other
if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third
part controls or has the power to control both. Indicia of control include, but l\.ooe not limited to. a
fiduciary relation which results from the manifestation of consent by one individual to another that
the other shall act on his behalf and subject to his control, and consent by the other so to -act;
interlocking management or ownership; identity of interests among fumily members; shared fiIcilities
and equipment; common use of employees; or a business entity organized by a debarred entity,
individual, or affiliate following debannent of a contractor that has the same or similar management,
ownership, or principal employees as the contractor that was debarred or suspended.
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.
(b) Civil judgment means a judgment or finiing of a civil offense by any oourt of OOtupetalt jurisdiction.
(c) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or
reasonably may be expected to submit offers or be awarded a City contract, including, but
not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design
professionals, or
(2) Conducts business or reasonable man be expected to conduct business. with the City as
an agent" representative or subcontractor of another contractor.
(d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor,
by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a
conviction entered upon a plea of nolo contendere.
(e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in
limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City
approved subcontracting for a reasonable, specified period as provided in subsection G) below: a
contractor so excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members, each appointed by the
Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment,
(g) Preponderance Greater weight of the evidence means proofby information that, compared with
that opposing it , leads to the conclusion that the fact at issue is more probably true than not.
(h) Indictment means indictment for a crirninal offense. An information or other filing by competent
authority charging a criminal offense shall be given the same effect as an indictment.
(I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal
proceeding. The term includes appeals from such proceedings.
(j) List of debarred contractors means a list compiled, maintained and distributed by the City's
Procurement Office. containing the names of contractors debarred under the prvce~s of this
ordinance.
Section 2-399. List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this ordinance
shall:
(1) Compile and maintain a cunent. consolidated list (List) of all contractors debarred by City
departments, Such List shall be public record and shall be available for public inspection
and dissemination;
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.
.
(2) Periodically revise and distribute the List and issue supplements, if necessary, to all
departments. to the Office of the City Manager and to the Mayor and City Commissioners:
and
(3) Included in the List shall be the name and telephone number of the City official respoIISlble
for its maintenance and distribution.
(b) The List shall indicate:
(1) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory or
regulatory authority;
(4) The effect of the debarment action;
(5) The temrination date for each listing;
(6) The contractor's certificate of competence or license number, when applicable;
(7) The person through whom the contractor is qualified, when applicable;
(8) The name and telephone number of the point of cottact in the department recommending
the debarment action.
(c) The City's Procurement Office shall:
(1) In accordance with internal retention procedures maintain records relating to each
debarment;
(2) Establish procedures to provide for the effective use of the List, including internal
distribution thereof to ensure that departments do not solicit offers from, award contracts
to, or consent to subcontracts with contractors on the List; and
(3) Respond to inquiries concerning listed, contractors and coordinate such responses with the
department that recommended the action,
Section 2-400. Effect of debarment
(a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers
from award contracts to, or consent to subcontracts with these contractors unless the City Manager
detennines that an emergency exists justifying such action. and obtains approval from the Mayor
and City Commission, which approval shall be given by 5nths vote of the City Commission at a
regularly scheduled City Commission meeting. Debarred contractors are also excluded from
conducting business with the City as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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,
Section 2401. Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request
for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI).
or bids issued be the City. shall incorporate this ordinance and specify that debarment may
constitute grounds for termination of the contract as well as disqua1ification from consideration on
any RFP, RFO. RFLI. or bid.
(b) The debarment shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-40S(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract. subject to approval of same be snths vote of the
Mayor and City Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of current contract or consent
to subcontracts with debarred contractors, unless the City Manager determines that an emergency
exists justifying the renewal or extension or for an approved extension due to delay or time
extension for reasons beyond the contractor's control and such action is approved by Snths vote
of the Mayor and City Commission at a regularly scheduled meeting.
(d) No further werl<: shall be awarded to a debarred contractor in connection with a continuing contract
where the worl<: is divided into separate discrete groups and the City's refusal or denial of further
worl<: under the contract will not result in a breach of such contract.
Section 2402. Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the City
Manager determines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by snths vote at a regularly scheduled meeting.
(b) The City shall not be responsible for any increases in project costs or other expenses incurred by
a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a)
above, provided the subcontractor was debarred prior to bid opening or opening of proposals,
where the contract was awarded be the City pursuant to an RFP, RFO, RFLI, or bid.
Section 2403. Debarment.
(a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed
in this ordinance using the procedures outlined below. The existence of a cause for debarment
however, does not necessarily require that the contractor be debarred; the seriousness of the
contractor's acts or omissions and any mitigating factors should be considered in making any
debarment decision.
BID NO: 52-00/01
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Cl1Y OF MIAMI BEACH
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(b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling
twenty-five (25) percent of the stock, partners, divisions or other otgllDi22tiona1 elements of the
debarred contractor, unless the debarred decision is limited by its tenns to specific divisions,
organizational elements or commodities. The Debannent Conunittee's decision includes any existing
affiliates of the contractor if they are (I) specifically named and (ii) given written notice of the
proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject
to the Debarment Committee's decision.
(c) A contractor's debarment shall be effective throughout City Government.
Section 2-404.
Causes for debarment.
(a) The Debarment Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a ftaud or a criminal offense in connection ~ith obtaining attempting to
obtain, performing, or making a claim upon a public contract or subcontract or a contract
or subcontract funded in whole or in part with public funds;
(2) For violation of federal or State antitrust statutes relating to the submission of offers;
(3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property:
(4) Which makes the City the prevailing party in a legal proceeding and a court determines that
the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or
Proposer) based upon a preponderance the greater weight of the evidence, for;
(1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded
in whole or in part by City funds such as failure to perform in accordance with the terms
of one (I) or more contracts as certified by the City department administering the contract;
or the failure to perform or unsatisfuctorily perform in accordance with the terms of one (1)
or more contracts, as certified by an independent registered architect engineer or general
contractor;
(2) Violation of a City ordinance or administrative order which lists debarment as a potential
penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor in
performing City work.
Section 2-405. Debarment procedures.
(a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at
large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for
debarment, the City Manager shall transmit the request to the Mayor and City Commission at a
regularly scheduled meeting. The Mayor and City Conunission shall transmit the request to a person
BID NO: 52-00101 Cl1Y OFMIAMlBEACH
DATE: 08/01101 66
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or persons who shall be charged by the City Commission with the duty of promptly investigating
and preparing a written report(s) concerning the proposed debarment, including the cause and
grounds for debarment as set fOI1h in this ordinance.
(b) Upon completion of the aforestated written report, the City Manager shall forward said report to
the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment
Committee and, with the assistance of the City department person or persons which prepared the
report present evidence and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten woIking days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on behalf
of the Debarment Committee shall issue a notice of proposed debarment advising the contractor
and any specifically named affiliates, by certified mail. return receipt requested, or personal service
containing the following infonnarion:
(l) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor
and any named affiliates on notice of the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debannent Committee on a date and time not
less than thirty (30) days after service of the notice. The notice shall also advise the
contractor that it may be represented by an attorney, may present documentary evidence
and verbal testimony, and may cross-examine evidence and testimony presented against
it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed
debarment, and of the potential effect of an actual debarment.
(d) No later than seven (7) woIking days, prior to the scheduled hearing date, the contractor must
finnish the City's Procurement Office a list of the defenses the contractor intends to present at the
hearing. If the contractor fails to submit the list, in writing, at least seven (7) woIking days prior to
the hearing or fails to seek an extension of time within which to do so, the contractor shall have
waived the opportunity to be heard at the hearing. The Debannent Committee has the right to grant
or deny an extension of time, and for good cause, may set aside the waiver to be heard at the
hearing, and its decision may only be reviewed upon an abuse of discretion standard.
(e) Hearsay evidence shall be admissible at th: hearing but shall not form the sole basis for initiating
a debannent procedure nor the sole basis of any detennination of debannent. The hearing shall be
transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and
at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense
and request of the requesting party.
(t) Debannent Committee's decision In actions based upon a conviction or judgment, or in which there
is no genuine dispute over material facts, the Debarment Committee shall make a decision on the
basis of all the undisputed material information in the administrative record, including any
BID NO: 52-00/01 CITY OF MIAM1 BEACH
DATE: 08101101 67
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undisputed, material submissions made by the contractor. Where actions are based on disputed
evidence, the Debarment Committee shall decide what weight to attach to evidence of record,
judge the credIbility of witnesses, and base its decision on the prepondenance greater weight of the
evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's
decision shall be made within ten (10) woJking days after conclusion of the hearing, unless the
Debarment Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shall include the Committee's factua1 findings, the
principal causes of debarment as enumerated in this ordinance, identification of the contractor and
all named affiliate: affected by the decision, and the specific term, including duration, of the
debarment imposed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment, the City Manager shall give the
contractor and any named affiliates involved written notice by certified mail, retmn receipt
requested, or hand delivery, within ten (10) woIking days of the decision, specifying the
reasons for debarment and including a copy of the Committee's written decision; stating the
period of debarment, including effective dates; and advising that the debarment is effective
throughout the City departments.
(2) If debarment is not imposed, the City Manager shall notify the contractor and any named
affililllPs involved, by certified maiI. return receipt requested. or personal service, within ten
(10) woIking days of the decision.
(i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice
is signed by the City Manager. Decisions of the Debarment Committee are subject to review by
the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the
debarment decision in accordance with the Florida Rules of Appellate Procedure.
Section 2-406. Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee.
Debarment shall be for a period commensurate with the seriousness of the cause(s), and where
applicable, within the guidelines set forth below, but in no event shall exceed five (5) years.
(b) The following guidelines in the period of debarment shall cpply except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(aXl): five (5) years.
(2) For commission of an offense as described in subsection 2404(aX2): five (5) years.
(3) For commission of an offense as described in subsection 2404(aX3): five (5) years.
(4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5)
years.
BID NO: 52-00/01 COY OF MIAMI BEACH
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(5) For conunission of an offense as descnbed in subsections 2404(b Xl) or (2): two (2) to five
(5) years.
(c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the
contractor's written request for reasons such as:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or civil judgment upon which the debarment was based;
(3) Bona fide change in ownership or management;
(4) Elimination of other causes for which the debarment was imposed; or
(5) Other reasons the Debarment Committee deems appropriate.
(d) The debarment debarred contractor's written request shall contain the reasons for requesting a
reduction in the debarment period, The City's Procurement Office, with the assistance of the
affected department shall have thirty (30) days from receipt of such request to submit written
response thereto. The decision of the Debarment Committee regarding a request made under this
subsection is final and non-appealable.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Conunission 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 ofMiarni
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 S. EFFECfIVE DATE.
This Ordinance shall take effect on the 3rd day of Marcb,2000.
PASSED and ADOPTED this 23rd day of February. 2000.
Sec. 38-6. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) General.
BlD NO: 52-60/01
DATE: 08101101
Cl1Y OF MIAMI BEACH
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(1) No person who is a vendor to the city sha1I give a campaign contribution directly, or through a
member of the person's immediate family, or through a political action committee, or through any
other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor
or conunissioner. No candidate, or campaign committee of a candidate for the offices of mayor or
conunissioner, shall solicit or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the person's immediate family, or through a political action
committee, or through any other person on behalf of the peISOn. This prohibition applies to natural
persons and to persons who hold a controlling financial interest in business entities.
(2) A fine of up to $500.00 shall be imposed on every person who violates this prohibition. Each
act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a
separate violation. All contributions received by a candidate in violation of this paragraph shall be
forfeited to the city's general revenue fund.
(3) A person who directly, or through a member of the peISOn's immediate family, or through a
political action committee, or through any other person makes a contribution to a candidate who is
elected to the office of mayor or commissioner shall be disqualified for a period of 12 months
following the swearing in of the subject elected official from transacting business with the city. This
prohibition on transacting business with the city may be waived only in the manner provided
hereinbelow in subsection (b).
(4) As used in this section:
a. A "vendor" is a person who transacts business with the city, or has been approved by the city
commission to transact business with the city, or is listed on the city manager's approved vendor list.
b. A "contribution" is;
lA gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of
value, including contributions in kind having an attributable monetaIy value.
2A transfer of funds between political committees, between committees of continuous existence,
or between a political committee and a committee of continuous existence.
3. The payment, by any person other than a candidate or political committee, of compensation for
the personal services of another person which are rendered to a candidate or political committee
without charge to the candidate or committee for such services.
BID NO: 52-00/01
DATE: 08/01101
Cl1Y OF MIAMI BEAm
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4. The transfer of funds by a campaign treasurer or deputy campaign treasurer between a primary
depository and a separate interest-bearing account or certificate of deposit, and the term includes
any interest earned on such account or certificate.
(b) Conditions for waiver of prohibition The requirements of this section may be waived for a
particular transaction by city commission vote after public hearing upon finding that:
(1) An open-to-all sealed competitive proposal has been Slbmitted and the city official/done has in
no way participated in the determination of the bid specifications or bid award;
(2) The property or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such property or services without entering into a transaction which would violate
this section but for waiver of its requirements;
(3) The business entity involved in the proposed transaction is the sole source of supply within the
city; or
(4) An emergency contract must be made in order to protect the health, safety or welfare of the
citizens of the city, as determined by a five-sevenths vote of the city commission. Any grant of waiver
by the city commission must be supported with a full disclosure of the subject campaign contribution
(c) Applicability. This section shall be applicable only to prospective transactions, and the city
commission may in no case ratifY a transaction entered into in violation of this section
(Ord. No. 2000-3244, ~ 1,5-10-00)
BID NO: 52-00/01
DATE: 08/01101
Cl1Y OF MIAMI BEACH
71
Ins u ran c e and Bon d s
52-00/01
Surety Bond No.: 21 BCSAM3441
Contractor Name: FIREPAK. INC.
Surety Company: HARTFORD FIRE INSURANCE
COMPANY
Contract Amount: ONE HUNDRED SIXTY EIGHT THOUSAND AND 00/100----------($168.000.00)..-------
Description of Work: FRIE SPRINKLER SYSTEM RENOVATION (PHASE II)
Legal Description of Project: N/A
his bond has been furnished to comply with requirements of F.S.A. 255.05. This bond is hereby amended
uch that all provisions and limitations, including conditions, notice and time limitations of F.S.A. 255.05 are
corporated herein by reference. Any provision of this bond which conflicts with or purports to grant
roader or more expanded coverage in excess of the minimum requirements of the applicable statute shall
e deemed deleted herefrom. This bond is a statutory bond, not a common law bond.
his is the front page of the performance/payment bond(s) regardless of preprinted numbers on other pages
sued in compliance with Florida Statute 255.05.
600 SANDTREE DRIvE. SUITE 101 . PALM BEACH GARDENS, FLORIDA 33403
TELEPHONE (561) 776-9007 FACSIMILE (561) 776-9605
www.calinc.com
BOND NO.: 21BCSAH3441
..
PERFORMANCE BOND
(This oondmeets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA )
ss
COUNTYOF )
IC'IOW ALL MEN BY THESE PRESENTS that we, FIREPAK. INC.
as Principal, hereinafter called Contractor, and
HARTFORD FIRE INSURANCE COMPANY as Surety, are finnly bound unto th~ of Miami Beach,
Florida, as Obligee, hereinafter called the City, in the Penal sum of ~~c:wr TRmmA~tJollars
($168.000.00 ), for the payment of which sum well and truly to be made, we bind ourselves, out heirs,
executors, administrators, successors and assigns, jointly and severally, fumlyby these presents.
WHEREAS, Contractor, on the 28t:b:iayof NOVEMBER , 20;::JlL, entered into a certain
contract with the City, hereto attached,.. for BID NO. 52-00/01, Entitled, "MIA:\II BEACH
CONVENTION CENTER WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION" which
Contract is made a part hereof by reference thereto.
NOW, THEREFORE, THE CONDITION OF TillS OBLIGATION IS SUCH, that, if the
Contractur 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 Contractthatmay hereafter be
made,. notice of which modifications to the Surety being hereby waived, then this obligation shallbe void;
otherwise to remain in full force and effect.
WHENEVER the Principal shall be andisdedared by the City to be in default under the Contract,
or whenever the C~mtract has been terminated bydefault of the Contractor, the City having performed the
City'sobligations.thereunder, the Surety shall:
J. Complete the Contract in accordance with its tenns 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 Suretyof the
lowest responsible Bidder, arrange fora Contract between such Bidder and the City, and
make available as Worl<: progresses(eventhough there should be a default or a succession
of defaults under the Contract or Contracts of completion arranged under this paragraph)
sufficie:1rfimds 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 totallimount 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: 52-00/01
DATE: 08/01101
CIlY OF MIA'\1I BEACH
IS
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 ithannless of, from and
againstanyandallliability,loss, cost, damage or expense, including reasonable attorneys fe!"-s, 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, defuult,actand/or omission on thepartofthe 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 fullforce and effect for sUch period orperiods 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 allworl<: performed andmateria1s and equiplTlent
furnished, which were not. performed or furnished according to thetennsofthe, 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 by law.
BID NO: 52-00/01
DATE: 08/01101
CITY OF MlAMI BEACH
16
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 7TH day of DECEKBER ,20 01 .
WITNESS:
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
~~J)k~
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
D. MICHAEL STEVENS
BID NO: 52-00/01
DA TE:08/0 110 1
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
/
JORPORATE SEAL)
----
SURETY:
HARTFORD TIRE INSURANCE COMPANY
By:W~J~
Attorney-in-fact
D. MICHAEL STEVENS
(power of Attorney must be attached)
CITY OF MIA.\1I BEACH
17
. -
__~ ~ IfICIIil._____
. : AZ54192 . !
~; ~_ .~,-,,:-,-,;- :-.t:;;J)~t;s,JJr.J}C5tWAk~j- i
i ...l...lIi!','''. "'.J ~!
~- ,1.
o~~3i~~~.~~
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, JORGE de 1a TORRIEIn:Jtertify that I am the Secretary of the Corporation named as Principal in
the foregoing bond; that ANTHONY G. MARINA who signed the said bond on behalf of the Principal, was
then PRESIDENT
of said Corporation; that I know his signature, and his signature hereto is
genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
dL
;0
(
Corporate
Seal
~"
STATE OF FLORIDA)
ss
COUNTY OF " )
Before" me, a" Notary" Public, duly commissioned, qualified and acting, personally appeared
"I"
D. MICHAEL STEVENS
to me well known, who being by me flTSt duly sworn upon oath, Says that he
is the Attorney-in-Fact, for the HARTFORD FIRE IHSURANCE CO. and that he has been authorized by
HARTFORD FIRE INSURANCE CO. to execute the foregoing bond on behalf of thi:Contractor named therein
in favor of the City of Miami Beach, Florida.
OfDEClMBER . 20~ A.D.
(Attach Power of Attorney)
" N HOLMES
.0..'( PClc2 CARLEEN ~~. cC15075\
~~~ cQMMISSl 4 'J!IfJ.
~ t't EXPIRES JU~.' .
~ IC)tlDED cOf/I~
d);,'iorfl.~' RU~
Notary Public
Stilte of florida-at-Large
My Commission Expires: JUNE 14. 2002
BID NO: 52-00/01
DATE: 08/01101
CITY OF~1Lon BEACH
18
BOlID NO.: 21BCSAM3441
LABOR AND MA TERlAL P A YMENTBOND
(SECTION 255;05, FLA. STAT.)
BY THIS BOND, We,
FIREPAK. INC.
as Principal, and
HARTFORD FIRE INSURANCE CO. as corporation, as Surety, are bound to the City of Miami Beach, Florida,
as obligee, herein called City, in the sum of$ 168.000.00-~- f6rthe 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. Statute., 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.
Perfonnsthe guarantee of all labor and materials furnished under the contract for the time specified in the
contract, then this bond is void, otherwise itremains in full force.
Any changes in or under the contract documents and compliance. or noncompliance with any fonnalities
connected with the contract or the changes does not affect Surety's obligation under this bond.
The provisions of Section 255.05, Fla: Statute, are specifically adopted by reference and made a part
hereof for the purposes specified therein.
The contract dated NOVEMBER 28. 20aJetween the City and Principal is inadea part of this Bond by
reference. .
Claimants are advised that Section 255.05, Fla. Statute, contains notice and time limitation provisions
which muSt be strictly complied with.
BID NO: 52-00/01
DATE: 08/01101
CITY OF MJA;\1I BEACH
19
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the 7TH day of DECEMBER ,20 01
WITNESS:
PRlNCIP AL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
de la TORRIENTE
COUNTERSIGNED BY
RESIDENTFLORIDA
AGENT OF SURETY:
SURETY:
~.~~
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
D. MICHAEL STEVENS
HARTFORD FIRE INSURANCE COMPANY
BY:~~~
Attorney-in-fact
D. MICHAEL STEVENS
(power of Attorney must be attached)
BID NO: 52-00/01
DATE: 08/01101
CITY OF MIA.....n BEACH
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, JORGE de 1a TORRIENTEcertify that I am the Secretary of the Corporation named as Principal in
the foregoing bond; that ABTIlONY G~ HAR.INAwho signed the said bond on behalf of the Principal, was then
PRESIDENT
of said Corporation; that I know his signature, and his signature hereto is genuine; and
that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority. of its
governing body.
~
V.
( . Corporate
Seal -
STATE OF FLORIDA)
ss
COUNTY OF )
PALMBEACB
Before me, a Notary Public,. duly commissioned, qUalified and acting, personally appeared
D. MICHAEL S1'r;vutS
to me well known, who being hyme first duly sworn upon oath, says that he
is the Attomey in Fact, for the HARTFORD FIRE INSURABCt,.andthat he has been authorized by
HARTFORD FIRE INSURABCE CO. to execute. the foregoing bond on behalf of the Contractor named therein
in favor of the City of Miami Beach,. Florida.
Subscribed. and sworn
,2Q.J!,L AD.
Notary Public
State of Florida-at-Large
My commission Expires: .JUNE 14. 2002.
BID NO: 51-00/01
DATE: 08/01101
CITY OF ~I1AMI BEACH
11
ThE X
HARTFORD
Hartford Fire Insurance Company
Hartford Casualty Insurance Company
Hartford Accident and Indemnity Company
Hartford Underwriters Insurance Company
Twin City Insurance Company
Hartford Insurance Company ofDlinois
Hartford insurance Company of the Midwest
Hartford Insurance Company of the Southeast
Please address inquiries regarding claims for all surety and fidelity products issued by
The Hartford's underwriting companies to the following:
Phone Number
Fax - Underwriting
Fax - Claims
E-mail
888-266-3488
860-547-6672
860-547-8265 or 2092
claims@lstepsurety.com
Mailing Address
The Hartford
The Hartford Fidelity & Bonding (BOND)
Hartford Plaza
690 Asylum Avenue
Hartford. CT 06115
HARTFORD FIRE INSURANCE COMPANY
Hartford. Connecticut
POWER OF ATTORNEY
Know an men by these Presents, That HARTFORD FIRE INSURANCE COMPANY. a corporation duly organized under the laws of the State 01 conne<:ticUt and having
its principal office in the City of Hartford. County 0' Hartford. State of Connecticut does hereby make. constitute and appoint
Brett Rosenhaus, Robert M. Welsh, Melinda Rosenhaus, Marian Elavsky and Laura Mosholder of Altamonte Springs, Florida;
Kevin Wojtowicz and Linda Meyer of Largo, Florida; D. Michael Stevens and Don A. Lambert, Jr. of Palm Beach Gardens, Florida;
Charles J. Nielson, Mary C. Aceves and Warren Alter of Miami Lakes, Florida
its true and lawful Allomey(s)-in-Facl. with full power and aulhorily to each 01 said Allomey(s)-in-Fact in their separa~ capacity if more than one is named above. to sign. execute
and. acknowledge any and all bonds and undertakings and other writings obligatooy in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of
persons holding places of public or private trust guaranteeing the perfonnance of contracts other than insurance policies; guaranteeing the perfonnance of insurance contracts where
surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or pennitted in all actions or proceedings or by law allowed,
and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatooy in the nature thereof
were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby ratifies and confirms all that its
said Attomey(sHn.Facl may do in pursuance hereof.
This Power of Attorney is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY. ("the Company") as amended by the Board of Directors at a
meeting duly called and held on May 13th, 1999. as follows;
ARTICLE r.t
SECTION 7. The President or any Vice President or Assistant VICe-President acting with any Secretaoy or Assistant Secretaoy shall have power and aulhorily to sign and
execute and attach the seal of the Company to bonds and undertakings, recongnizances. contracts of indemnity and other writings obligatooy in the nature theieof. and such
instruments so signed and executed. with or without the common seal. shall be valid and binding upon the Company.
SECTION 8. The President or any Vice-President or any Assistant Vice President acting with any Secretaoy or Assistant Secretaoy. shaH have power and aulhority to .
appoint. for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. one or more resident VICO Presidents, resident
Assistant Secretaries and Allomeys~n-Facl and at any time to remove any such resident Vice-President. resident Assistant Secretaoy. or Attorney-in-Fact. and revoke the power and
authority given to him.
Resolved. that the signatures of such Officers and the seal of the Company may be alllxed to any such power 01 attorney or to 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 vand and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
In Witness Whereof. HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant VICO-President and .its corporate seal to be
hereto affixed, duly attested by its Assistant Secretaoy. this 14th day of May. 1999.
Attest: HARTFORD FIRE INSURANCE COMPANY
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Paul A. Bergenholtz, Asl!istant Seaetary
Robert L Post, Assistant Vice President
STATE OF CONNECTICUT} ss.
Hartford
COUNTY OF HARTFORD
On this 14th day 0' May. AD. 1999, before me personally came Robert L Post, to me known. who being by me duly sworn, did depose and say: that he resides in the County 01
Hartford, State of Connecticut that he is the Assistant VICe-President of HARTFORD FIRE INSURANCE COMPANY. the corporation described in and which executed the above
Instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order 01 the Board of Directors at
said corporation and that he signed his name thereto by like order.
P~~r
My Commissioa Expires J.... 30, 2004
I. the undersigned. Assistant Vice President of HARTFORD FIRE INSURANCE. COMPANY. a Connecticut CorPoration. DO HERESY CERTIFY that the foregoing and attached
POWER OF AlTORNEY remains in full force and has not been revoked; and fur1he,"",re. that Artide IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE
COMPANY. set forth in the Power of Attomey. are now in fllrca.
Signed and sealed at the City of Hartford.
Dated the
nil.
day of
DECEMBER
2001
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