Repair of Fleet Mgmt Building
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INVITATION TO BID
PRESSURE CLEAN, PLASTERING, MAJOR
STUCCO REPAIR AND PAINTING OF
FLEET MANAGEMENT
BUILDINGS 1& 2
BID No. 46-00/01
BID OPENING: September 7, 2001 AT 3:00 PM
A NON-MANDATORY BID CONFERENCE IS SCHEDULED FOR 10:00 A.M, ON
AUGUST 16,2001 AT THE FOLLOWING ADDRESS:
CITY OF MIAMI BEACH
FLEET MANAGEMENT
140 MACARTHUR CAUSEWAY
TERMINAL ISLAND
MIAMI BEACH, FLORIDA 33139
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139 DEPARTMENT
BID NO: 46-00/01
DATE: 08/01101
CI1Y 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 DIVISION
CITY OF MIAMI BEACH
INVITATION TO BID NO. 46-00/01
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 7th day of September, 200 I
for:
PRESSURE CLEAN, PLASTERING, MAJOR STUCCO REPAIR
AND PAINTING OF FLEET MANAGEMENT BUILDINGS 1& 2
Scope of Work: The work consists offumishing all labor and materials, machinery, tools, apparlIluS, means
of transportation, supplies, equipment, services and material necessary to pressure clean, provide plastering
and major stucco repair to exterior walls, apply caulking to frames, edges or where needed, sand, prime
and paint for the entire exterior and interior surfaces of the City of Miami Beach Fleet Management
Buildings I & 2 located on Teiminal Island, 140 MacArthur Causeway. Warranty on the paint and the
workmanship for this work shall be not less than 5 years.
Minimum Requirements: All bidding contractors shall have a minimum of five (5) years of documented
commercial painting and finishing experience and shall be experienced in the cleaning, plastering, major
stucco repair and painting of commercial type buildings. All bidding contractors shall provide a minimwn
of 5 references of commercial buildings that they have painted. The contractor shall have available during
the course of the work a quality assurance person that will inspect the progress of work on a daily basis
and ensure that the work is being properly completed in accordance with the bid specifications and the
manufacturers recommendations.
At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time
and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal
before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not
responsible for delays caused by mail, courier service, including U.S. Mail, or any other occmrence.
A Non-Mandatory Pre-Bid Conference has been scheduled for 10:00 a.m. on August 16,2001,
at the City of Miami Beach Fleet Management Offices located at Terminal Island, 140
MacArthur Causeway, 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 five (5%) percent of the bid amount will be required The successful bidder will be required
to furnish Performance and Payment Bonds, each in the amount of one-hundred (100%) percent of the
annual contract amount.
BID NO: 46-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
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The City has contracted with DemandStar by Onvia as our electronic procurement service for automatic
notification of bid opportunities and docwnent 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
ofthis RFP, go to www.demandstar.com or call toU-free 1-800-711-1712, and request Document
#463. 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 Ottto://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
document.
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 AFrER 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 proposal 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 TillS BID MUST BE FILED WITH THE
CITY CLERK.
YOU ARE HEREBY ADVISED THAT TillS INVITATION TO BID IS SUBJECT TO THE
"CODE OF BUSINESS 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: 46-00/01
DATE: 08/01101
CITY OF MIAMI BEACH
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CITY OF MIAMI BEACH
CITY HAlL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
www.c1.mlaml-beach.fI.us
COMMISSION MEMORANDUM
To:
Mayor David Dermer and Date: November 28, 2001
Members of the City Commission
Jorge M. Gonzalez ~ . ~
City Manager d rJIV 0
REQUEST FOR APPROVAL TO AWARD A CONTRACT TO THE
PAINTER, INC., IN THE AMOUNT OF $47,450, PURSUANT TO BID NO.
46-00/01 FOR PRESSURE CLEAN, PLASTERING, MAJOR STUCCO
REPAIR AND PAINTING OF FLEET MANAGEMENT BUILDINGS 1 AND
2.
From:
Subject:
ADMINISTRATION RECOMMENDATION
Approve the award.
BID AMOUNT AND FUNDING
$47,450 Funding is available from the Fleet Management Account No. 510.1780.000676.
ANALYSIS
The work consists of fumishing all labor and materials, machinery, tools, apparatus, means
of transportation, supplies, and equipment services necessary to pressure clean, provide
plastering and major stucco repair to exterior walls, apply caulking to frames, edges or
where needed, sand, prime and paint for the entire exterior and interior surfaces of the City
of Miami Beach Fleet Management Buildings 1 & 2.
The contractor will be SUbstantially completed with the work within forty-five (45) calendar
days. and the entire work will be completed within sixty calendar days after the issuance
of the notice to proceed. Contractor will provide Performance and Payment Bonds each
in the amount of one hundred (100%) percent of the contract price. Additionally, the
Contractor will provide a warranty for all paint and workmanship for a minimum of five (5)
years.
AGENDA ITEM ~
DATE !/-,2Yoo()!
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Bid No. 46..00/01
Page Two
November 28, 2001
ANALYSIS (Continued)
Invitation to Bid No. 46-00/01 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 16, 2001. DemandStar.com issued bid notices to one-thousand-seven-hundred-
forty-one (1741) prospective bidders, resulting in forty-eight (48) vendors requesting bid
packages, which resulted in the receip~ of seven (7) responsive bids.
The Painter, Inc. was incorporated on November 1999 to separate the construction
company (Tobin Construction Company) from the painting company. Tobin Construction
Company qualified by Kenneth Tobin, has been a licensed State General Contractor for
27 years. They have completed many contracts for the City of Miami Beach such as the
City Hall Building, Scott Rakow Youth Center, the 10111 Street Auditorium, Resurfacing and
refinishing of Lincoln Road Mall, and the Lincoln Road lightpoles project with satisfactory
results.
References submitted by The Painter, Inc. were checked, and all responses indicated that
this contractor has provided quality work and has completed their projects within the
required completion dates.
Based on this analysis, the City recommends that the contract be awarded to the lowest
and best bidder, The Painter, Inc.
BID TABULATION
BID PRICE
$47,450
$47,990
$68,280
$75,500
$78.280
$87,900
$380,685
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THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Ooc:vment A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, !hat we
.' lIeN ..... .. _ N....... wlopllil.. ., C. .......
~he Painter,Inc. . .\
as Princi~I, hereimher called the 'rincipaI, ~ .
XL Specialty Insurance Company
I CO'llOratJon duly otpftjzed under the. bws of the State of III i no is
IS Sarety, hereinafter called lhe Surety, are held " firmly bound unlo
Th C't f M' . B h ___",___w~_e1-'
e 1 y 0 1am1 eac
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as Oblipe, herelnaher called the Obll.... in 1M sum of
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5% of Amount Bid DoOus ($ 5% of Bid),
for Ihe payment of which sum well Ind truly to be made, the said Principal and 1he said Surety, bind
OU~ our hein; executon,ldministf1ltors, SUCce55Of'S..Ad assisns, joindy~ sewrally, firmly by
these presents.
WHEREAS, the Principal has submitted I bid for
BID NO. 46-00/01
PRESSURE CLEAN,PLASTERING,MAJOR STUCCO REPAIR AND PAINTING
OF FLEET MANAGEMENT BUILDINGS 1&2
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NOW, T)fIU'OU; illite- ~ thoII acapI the !oi&S of" PIfnciplII ..... the PliodpII ..... .... iNo. c:...a
with doe 0lIIipe ill &a:llNdaftce.... IN _ 01 such bid. Md .... Md\ boM "'.... as ..,.be.,.afied in lhelliM'l
Of ConIQd OoaIlMftll vilh III*i and ~ sum-, lot the faIIh6aI ,.coma- of ...0 ContRa IIld for tle .......
~ oIl1bot IIIcIlllt8ial funlishcd In !he ptOfiKWlcIIl ~... 1ft .... ...... eI ........ of ... ~ . _
.. ColIna ... aM lUCk bond .. botlda, If .... Principii JhaII per. the 0Ilipe !lie ....A 1:IIl iloilO -.I ... ......,
heNof ..... .. ..... JI\ ldfielf .. alellIId AIMIIlICh ~ _ lor lIIhlch lhe fJbIicee -., in ... IaIa -.aaa
__ ..... party ID perfofm .. WtNt covered by said bid. "- ... alllicIItioot ... lie ..... llIlf-yoid. oeM ..-.. 110 '"'"""
1ft fill '-' ... eftwu.
Sisned and sealed this
7th
day of September, 2001
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Resident Agent 1
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CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htlp:\\ci.miami-beach.n.us
PROCUREMENT DMSlON
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 46-00/01
ADDENDUM NO.3
September 11, 2001
PRESSURE CLEAN, PLASTERING, MAJOR STUCCO REPAIR AND
PAINTING OF FLEET MANAGEMENT BUll...DINGS 1& 2 is amended as follows:
I. The following are answers to questions submitted by prospective bidders of this bid.
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Question:
Answer:
Interior painting; should only previously painted surfaces be repainted?
All interior walls, metal and louver doors, gutter, metal windows and
flashings, stair areas to the top corridor, shall be painted
How would the concrete repairs be priced, ie; per square foot?
Yes, please see Attachment I
Does a separate price need to be given for the replacement of rusted out metal
doors?
Yes, please see Attachment I
What type of license will be required for the Prime Contractor?
a) If the contractor is a State of Florida Certified Contractor the followinl!:
will be reQuired:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to
City of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance
4) Workers Compensation or the exemption
What louvers are to be painted?
Only the louvers that have been painted before need to be repainted, all
other louvers need to only be pressure washed, Approximate number of
louvers that need to be repainted are 12 louvers. (Outside only)
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Bid No. 46-00/01
Addendum No.2
Page 2
II. Replace: Pages 4-8, 11-12, 15,23, & 51 with new amended pages (Attachment
II)
Bidders are required to acknowledge this addendum on Proposal page 3 of 5, and shall submit a complete
copy of this and!!! addenda with their bid, or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
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Procurement Director
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Attachment I - Proposal page 2 of 5 (Amended)
Attachment 11- Pages 4-8, 11-12, 15,23, & 51 (Amended)
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CITY OF MIAMI BEACH
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1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http://ci.miami-beach.ft.us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 46-00/01
ADDENDUM NO.2
September 10, 2001
PRESSURE CLEAN, PLASTERING, MAJOR STUCCO REPAIR AND
PAINTING OF FLEET MANAGEMENT BUILDINGS 1& 2 ~ amended as follows:
I. The Bid Opening date is changed from September 14, 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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Procurement Director
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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
Facsimi:e (305) 673.7851
INVITATION TO BID NO. 46-00/01
ADDENDUM NO.1
August 31, 2001
PRESSURE CLEAN, PLASTERING, MAJOR STUCCO REPAIR AND
PAINTING OF FLEET MANAGEMENT BUILDINGS 1& 2 is amended as follows:
I. The Bid Opening date is changed from September 7, 2001 to September 14, 2001 at 3:00
P.M.
Inasmuch as this change does not materially affect the bid docwnent, proposers are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
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Procurement Director
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liD No. 46-1f1tJ
PKESSURE CLEAN, PLAS'J'EJUNG, MAJOR STUCCO RF.PAIR AND PAINTING OF
FLEET MANAGEMENT BUlI.DJNGS lie 2
PROPOSAl. PAGE 1 OF S
PROPOSAL OF
TH ~ PAziJTC(2, I!.JC,
(Name) I
17 ("7 m:::a-t4~t1PY Av(" ~/l2L~H .7.//JJ
(Address)
(FOR)
COllstructing 1bc improvanr:nIs cbignalcd and dac:ribOO in the auached NOIice 10 Conlraaors, om which
:;aid ImprovcmcnlS are dcsicnated as the PRESSURE CLEAN, PlAS'fERING AND PAINTING OF
FLF.F.T MANAGEMI!:NT BUILDINGS lie 2 and mme p3rticulwiy set forth herein.
SUBMJ1'"TED ~f I 1 20..Q.L
TO MAYOR AND el1'Y COMMISSION OF MIAMI Bl:ACH. (o'1.0RlDA;
We the \lndcrsil,.1J1Cd, lx.'reby declare that no person or pch-ons, fum or corpordtion o\lk,-r th.m the
undcrsignc:d, aro interested in this Prupo5aI, as princiP.1ls, and that th~ Proposal is made without collu~n
with any ~ tim\ or corporation, and \\'C have carefully and 10 our lUll satisfaction cxamined thc
nllllched Notice to Cunlracfors, General I'rovision~, S}lCl.'ificalions (or Materials llnd Cons/nlclion
Methods, Supp1cmcntaly Conditions, and IOnn (If Contract and Bond, togc1her with lhe a.:companying
Plan.~, Mlllhat we have m3dc:l full CXlImination of the Iocillion of the proposed Work Ilnd the ~OUl\.'CS of
supply and m.'llmaL~ and we hcn:by agree to furnish all impJel1Ul1!l. 1l\1dUnay. equipmalt, trnn..~.
lools, m:'II,..rials. suppliC!l. labor, and other things necessary to the ~ution and CClI'l1p1ction of the wu-k,
fully urxb'sIandinc that the quantities shown in the Noric:c 10 ContrnclOl'5 and ProJlO.'Cl :m: approxin13tc
only, ;uld \bat we will fully complete all ~"~ry wodc in ~ with the PIiIns and lhe :lIIachcd
SJ>C'llications, llIlCl the RXJUircmcnts wtdcr them of the Engineer within the time limit !i{lCCifial in this
rroposal for rhe following unit prices to-wit:
RID NO: 46-10101
DA 110:: '918"'1
CITY Of MlAMl8EACl1
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PRESSURE CLt:AN. PLAnuuNC, MAJOR STUCCO REPAIR AND PAINTING OF
n.EF.T MANAGEMENT BUILDINGS ,& 2
PROPOSAL PACtE % OF 5
AI bid iItms shaIJ incbJc ~ b filmishing to ~ City all malcIiaJ, CIlfJipnent. :IIld ..,pies and ilr an 00.1
incurred in compIetinc the wock. including inslillalion of all ~ equipment, and supplil:s flnio;hcd,
complcre in place and mIdy for continued scrvicc, including all tie-in work and lC.!Aing. :111 0Ihcr boor,
permit fees, \axes, insurdllCC, miscellanecus C05IS, overhead and profit.
'nx: C.cnll"lCtor shall be Substantially ClJI'llpIefed witIl dtr Work within forty the (45) calendar days
after the da~ when the CoIIItaCt Tinx: commences to NIl as provided in par.1gl1lph 2.3 of the Gcncr,d
Conditions, <lDd oompJcled and IallIy for final paymcnl in accordance with paragrapb 14.13 of the General
Conditiorlll within sbty (60) clleadar cbys after the datt ",hen the Contract 1'lme commences to
I1IIL
ProviOO alllabor. cqWpn'lCfti, marcria1, and ~sion neccssasy to perfonn the filll extent orlb.: work as
~rool herein:
l.unq) Sum:
$
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FOi<!:rV .J€J~i-J -rkOo./JA,...O PuP-P /JU;U;},dCJ ~If7Y /)i)t_,";:L/
Written Amount
Concrtte Repair
(Approlflllately ',000 sq. It.)
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Additional sq.ft.
s
;;2.,,0 i:> i'a' ~.f+.
Door Repraeelnent (6 Doors)
(M:llcri.,1 &: lA,bor)
s
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8m NO: 46-tOlOl
DATF.: 09/07/11
CITY OF :vi","'. 8[.A<'"lJ
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Attacbment J (Amended)
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PRESSURE CLEAN, rLAS1'ERlNC, MA.IOIl STUCCO IlEPAIR. AND PAINTING OF
Pl.EET MANAClMEN'r BUII.DINGS .Il 2
PROPOSAL PAGE 3 OF 5
ADDENDUM
No. I
No.
2-
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No.
Bidder acccpls all ofthc tams and conditions ofthc Bidding Ducurncnls, including without limi~ lhose
dealing with the disposition of1he Proposal Guar.anty.
In ~11bnU11ing this PIoposaJ. Bidder m.~ all ~ons required by !he JIl<;ttuctjon.~ 10 Bidders and
furthl", Wl1!r.lnls and n:present.s that:
a, Bidder 1m CXlllnn-d copies of 3111h1: Bidding DoculllCllts, the Notice 10 ContractorS, the Proposal
RA}lIircmcnts and Conditions, and the following Addend.1 (receipt of all which is hereby
acknowledged):
b, Bidder ha.~ funiJiari7ed itself with the nature and cxlmt oflhc COIl\dd Docutncnl~, Work Site,
l.oc3lilY, and aU Loc:aI Condilion~ and Laws and Reg\lhllion~ \hI. in any mllJlllel' may affect COM,
pl'Ogn:s~, performance, or fumishing of the Worle.
c. Bidder has Sludicd eamuUy all reports and drawings of subsurface conl1ilJons and drdwings of
physical corxlilions which arc identiflOO in the Supplemcntary Conditions a.s plov1ded in Paragrnph
4,2 of the Gax:rdl Conditions, :md acccpIs the dCICll1lin.1tion 5et fariJa in P:1mgrnph 5C-4.2 of tile
S\IJlPIcmc~ CaKlitioos of the extent of the tcclInic.1\ d:lb COOfaincd in suctl TqlOlts :lIId
drnwings upon which Bidder is eIItitJcd 10 rely.
d. Bidder ha& obtained and carefully studied (or as.~W1lCS n:SllOlIsibiIity ((\I' obtaining llnd carefully
Shalying) aD such ex.'lJ11inations, invesrigauons, explorations, tests and studies (in addition \0 or to
s\lpplement those refcm.'I11O in (b) above) whieh ",,'rtain 10 the 5Ubst1lface or physical CCIIldilions
1If the site or od1ctwi.o;e may aIred the CIOl'l, ~, pcrform:ulCC or ftunishillg of the Wod: 3t lb:
Conlract Pr~. within the Contr.x::t Time and in llCC~ with l00-OlMr tt'nns and conditions of
ihc Contract Doo..-nenls, including speciflCa!ly thc pmvi.~_~ of Parai,'I1lrh 4.2 of the General
C.onditioos; and no addition.,1 examinations, inVClllig,.'lIions, explorations. le5t~. n:pons or simil;U'
in/\.'1IJ11iltion or data arc Of will ~ required by Biddl..T for such JlUfllOliCS.
lUll NO: 46-10111
DATFol"'''''1
CITY ())o" MtMfI8UCH
6
Attachment II (An~Ddetl)
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PRESSURE CLEAN. PLASn:RlNC. MAJOR STUCCO REPAIR AND PAINTING OIl'
FUf:T MANAGEMKNT IU1JLDINGS J& 2
PAGE" OF 5
c. l1idder bas revicwt:d :w1 ehccked all information. and data sOOwn or indicaled in !he ConIrac:t
l~ wilh n:spet1 to Clllislins UOOerpuId Fox:ilirics at or ~ II> Ihc me and asslVllCS
JC:lponsibility for ~ aa:urale location of said Undtzcround FaciJilie5. No addiIi0n31 clWtlinations,
in\lCSliglllioos, exl'Jontions, tests, lqIOIts or similar infonnation or dab in n:.<>JlCCl of said
Underground Facilities an: or will be RqVirW by Bidder in onIcr to pcrfonn 3nd furnish ~ Work
at the C.ontract Price, wilhin chc ConIlact Time and io accordance with tb: other lams and
~ of1hc Conbact I>ocurncnrs, incbiing specifM:aJly the)ll'O\'isims of l'ar.lgraph 43 o(lhc
(A:ncrnl Conditilllls.
r niddl:r has axtdatOO the n:sdls of all such obIervatims, cxaminal.ion.<;, inV\.oo;bgabom, cxp/or.lIions,
k,~, rcpons and studic!l with the \erms and COIldition:; of lbe Conlrdct Docum:n\$.
g. nidcJcr has gMn 1he Oy wriacn notice 0(81\ conflicts, ert'Or.i or ~ that it Juc; disawcrcd
in the Contrnct Documents and the written resolution thercofby Cily is ;Iccepcahlc 10 Hiddcc.
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F:~ FP/.r .1OE,vr; LE .rL,~ 'I /i.1 &zi..)
ADDRESS: I 7 ( 7 rn.:TC-IJ,..J~ pt.; ,A d~;vt.LL ~n7J-1 Fe ]] (35
TI!:I.EPHON}: NlIMBF.R:fo.( FJY. U).. 1 FAX: s".f F.r?-I 7/ l."
RIO NO, 46-Ot101
DAH:: 09117/01
ow 0' MIA.'II8tA(ll
7
AftM.....t IJ (AmeDded)
"'~l ~... ~...-"" ..",,/ VV.,v uu \In. In. vVlI
rMh MU. ~UOJtJO~OI
, .
1,.
BID No. .., .....
PRE.4;SVRE Cl.EAN. PLASTaING, MAJOR STUCCO UPAIR AND PAINTING Of
t'LEET MANACEMENT BUILDINGS 1& 2
PROPOSAL PAGE 5 OF S
'Il1c Wldctliisned fbrther IgrolS to pcrfnnn .1I11CCC$SiV)' "F.lLlD Work ~, as provided fur in the Genaal aOO
SuppJcmcrdary PJovisicns and \0 ~ the attached Contrnct within Icn (10) calc:ncfar days after the cL'l~
on whidlthe NOIicc of Award has been given. The ~gncd furtbc:r agrees to cummCnal WOlle under
\hi:; (~ within seven (7) days following the dale indicated OJlIbc Notice to Proceed by the City iUld
to Sub5lanli.,lly Complete the Wadi: and to fuUy and Finally ~de the Wort.: wilh the Conlr.k:t Tin1e
period as stipulated in !he Agreement The undcnigncd further agrcc:a to pay :IS liquidated damages tOr
each cOn.<;ecurjve <:aIcndar day that passes after !he Contract SUMranti.'\! Completion d..11e that the Work
is Jl()( substwltiaDy completed, and fOf each COIlSCCUtiVl: calendar day that p3SSCS after the Contract Final
Completioo date th.1t the Work is not completed and ready for flllo'\! paymt..'JIt, the amounts of liquidated
dWl1agOi being as SIiJluIuted in the Apcement lhe lIlldersijpW furtha agrees to funlish lIUfftcicnl and
S.lli.'lf:JCf01)' bond in the sum ofnot less than (100".4) one-hundred pcrUlllt of the cordIat.;t price ofthc: work.
The undenligncd flll1hcr agrees to bear full toSt of mainlaininl: all wodc. \1101 the final ~ a5
pcuvid&:d in the General Provisions.
ACCOmp.1OyiI!g this Proposal is a Bid Bood made payable to the City ofMi:lIni Beach. Florida in the sum
of
S'~
Dollars S
Bid Bond is (0 be f'orkitcd as liquidatOO dal1~ if, in case this l'ropos.1I ~ accepted, the undetsigned 5hall
r.,ilto execute !he attached ConITact under the conditions of this Proposal; othcrwic;e, Solid Rid Bond is to
be returned to the undcniigncd upon the d&..>liv of '3I;tol)' Bonrl.
.....,L ffe'-::" {Je..-J-
Signature &: Ti
r. Ull
Address /1 ,? """-K:.-A;JoP,,: ,,4Jf rn:.-.rA/YI..r; FL
TclcphoncNumbcr S'" is f- U '2--7
"'0 NO, 46-10111
DA..-E:19/01101
ern OF MIAMI ....:AOI
.
AnxbmoallI <AmtlldW)
..
cnNTIt~~~1ItE
NOTE:
lDf'orm....suppled ia ....1.. to dill qaesdoDuire illUbject to verHlnleao.
Iuceunte or Iacoaaplete UIWII'I-.y. 0 ouadI for .....~ from award
of... bid.
Submitted to The Mayer and City Qlmmi.unn ofdle City of Miami Beach, FJorida:
By -r ~~. -P,a..:T ,J't'"r ~ ~C.
PrincipalOffice II '- I (Yl:g:Auoril A ~ "vr:::::[A('Y'f:l: / ~L . 3'3133
How many yeaIS bas your org;mm.rinn been in business as a General Contractor UDder your present
b\fiiness name? fo-J I A
,
Does your otglInmtioo have current occupational licenses entitling it to do the work contemplated in Ibis
Contract? "Ie c-
State of Florida occupatiooallicense - state type and number:
Dade County certificate of ~acy - state type and nmnber: c.,c... 00 is!" Cl 057--.!""
City of Miami Beach ~ license - state type and nmnber:
Include copies of above licenses and certificates with proposal
How many years experience in similar work bas your organization bad?
(A) As a General Contractor
(B) As a Sub-Contractor
(C) What contracts bas your organization completed?e
Contract Am! Class of Work When Comoleted Name/Address of Owner
Have you ever bad a contract terminlitM (as prime contractor or sub-contractor, under existing company
name or lIl10tber company name) due to tiWure to comply with conttactlIal
specificati<m? /V 0
If so, where and why?
Has any officer or partner of your organi2ation ever fililed to complete a consttucti.on cootract bandied in
his own name? A.J 4)
BID NO: 46-00181
DATE: OSl81/01
CITY OF MlAMlIlEACH
9
.
If so, slate DIme of iDdividuaI, name of owoer. aDd _ 6ereof
In what 0Iber lilies ofh-- are you m..n,.;",1Iy intaestlld <r ~
Give references as to experience, ability, lIIld finmw.:isall1b1ndi11g
What equipment do you own tbat is available for the proposed work and where located?
A l.-t.-
What Bank or Banks have you arranged to do business with during the oourse of the Contract should it be
awarded to you? ~ 0 ~
Please list the names and addresses of the subcontractors to be used for the portions of the work listed
below.
NON~
(SEAL)
(SEAL)
BID NO:.....1
DATE: 08101101
arY OF MIAMI BEAaI
11
,... .......,""'. ....... ....Y.." f'-'
\JI" ilf' '-"It.
1M nv. 'UU.lI.lO,jUI
r. U~
, Ttff: f'Ai~"
..D.... ., 1M.
PRlSSVRE CLEAN, PI..AS1'IRIJtfG MAJOR STUCCO REPAIR AND P^'Nf1NG OF
FLEET MANAGEMENT BUILDINGS II, 1
CUSTOMER REnRENCIt US-riNG
Contraaor PUI dxnit refellMCCS chat indic:atc that 1bc.-y (ColltracfOr) have a minimum of (5) years of
doc:umentcd COl1ltDCn:ia1 painling IDI1 finiafIinc c:a.,ericncc lWld an be Qpet ~ in the cbning .111(1
p;linting of Iafl,oe, roolti-stay lXlI1'mJrcial type buildings as indicaIcd ill Ibe T cdmicaJ Spec:iticalion.~.
Contractor's WlI finish the nama, aM~ 80d \eIepboIe mmbcrs of a minimum of five (5) fmn~
or :.;ovanmeot organi2Xions fer which Ibe CooIrattor is cumJlIIy furnisbing or has fumisbt:d painting
services.
1) CompanyNamc -r~ ~ ~A('tl
Address '+SC;i e""(i" ~E~..,,.j ~ul
Conw:t PCI'SOIIICoIllr8ttAmount l J.r"'lr",~ ~t: w"t ~ )1 So, b ')"-t
TcJerhooc Nwnbc,,'r '56,f b , '1 - I q '3 'i
2) CoqIonyNamc T('P_~'VLif.'
Address It> i S.l...<J. "")::)~ p., J C
Conta<:t PersonlConIJ'aCl Amount HilL ()") fUlL' i L.S" / 26.:>,...... ~ ~
,
l'ek."Phonc Nlunbcr ?.,.{ I q (; <+ I U - I ~ 0':>
3) Company Nallle ,- LA.bJ Be- fl.t.-'-{ P J" 41 c.:1:"oo( -r ~~
Addrcs.~ l C; .r- 0 ; \5.;x;rc..A -W 6 R~ D
Contact Person/Contr<lCl Amount ~~0(LI.,1 /--t uS; ..~2>
,
Tck."hol1C Number "5 oS' q 11 -'- "1-0 ~
4)
Cumpony Name
Cz:-rl( o~ ~
A~reu p~P(~_r.r~'
Contact Pcrson/(".onlract ~ r""-lZ.cll A, rZt-Jt I LW) c-z> t>
Telepbone Number I
5) Comp3uyNamc ~LL:CArl' c... ~<?(3 C-I>
^dd~ss (J n 1'), (,.0.>. . { I."~ qI:..
Com.1Ct PcrsonIConIract Amount 3:zL.c... W~6 6 J ..(""'. rt> ;)
T c1cphone Number 7 oJ '''2 it - 1I.q i'f I
8ft) NO, ......J crrvOfMlAMIIEACH AttadlJ*nt n (An1eDdcd)
DATr.:t9107tel II
-..' .... ... .....
IIIi' J1V, i-VV.;I..J'JOVl
r, Iii
, .
AGRRv.U,m
nns ACREIMENT made dIis :t6~ day ofNdl.Q~ r 2Og,L, A.D. bdWCCll the CITY
OF MIAMI BEACH, a F\orida JIUlicipaI COIpDI'lItion, bacinallcr C3l1ed lhc Oty. which t.:rm ~1I1 inclulil
its SUCa:s:l<n and usigM, J*tY ofllle one part. iInd
T-+\t
'PA(\Jff4<., -n,.\c..
hcrcinatlcc called lhc ContraeIor. wbich tam shaJJ include its heil'S, :itK'CCSSOB and assign.~ p:uty of !he
Olher rart,
WITNI!:..~ET.I dIl1t the said ConInIct<< for lhc c:ansidenlion and compensation herein agreed to be Il.'lid
and the said City in oonsicb1ltioR ofdlc constnlCtion of ~ 10 be done by S3id Contraclor and
dcsign.1fOO .. PRESSURE CLEAN, Pl.ASTERlNG. MAJOR STUCCO REPAIR AND
"AIN11NG OF FLEET MANAGEMENT BVILDINGS 1.1 2" by said City, do hereby mu\&.lally
agree a~ follows:
I. This Ag.olICulCllt shaD extc:nd to and be oblig:lloly upon said City, ~ successcn and assigns, and
\Ipon ~;d Contractor and its heirs. SllCtCSSOl'S and 8.~sisn~. Neither Ibill Agreemcnt nor any part
thereof IlN" tIII'J par1 of the Work lJetein contemplated, shall be iL~~igncd or sublet, nOf ~h.111 any
SlmlS of money provided to be paid 10 said Contractor be ~qgncd by said ('.ontractor to anyOllC
without the con.~ of the City Commission of said City evidenced by its resolution.
2. The f~'Oing pages ofthjs booklet, inc1udinC lhe NOlice to ContrdCtors, the Proposal, and the
COfIlrcJct Documents and such altercllions as Imy be made in ~d Plans and Spccific.'llions as
!herein provided for. are hereby referred to and maJe a plll'l of Ibis Asn-'eIllCIll and th: ICons and
conditions set forth lbcrein, except when in direct conllict wilh this wriuen Consrnct, an:: as mueh
a part bet-eof as if c:opied b&lrein. I f conflicts exi~t bctwo.'I1 thenl and this written insInment, only
Ihal part ofthc matter in din:ct conniet hctewilh shall not be con~ to be a part hereof.
3. The COIItr:Ic:lor sbaIJ COodu.e.lCC work wi1hin seven (7) days of !he NOIu:e to Proceed and sh.1l1
Con~lCt and oomplctc in a (;OOd iW1d wOlbnanlike manner the mo'llcrials Iw:lrein n;fem:d 10, striClly
ill lKXOOIlJ:myjlh the following:
3.1 lbc CoIIr.Icfor sball be Subsrantbly Completed wida rile Wnrk within M1y live (45)
cakndllr clays after the dale when the Contrnct Time COIJ1IIleIlCQi to run as j1f'OVided in
parngraph 2.3 of the General Con<tition.~ and coml'letcd and r~ for final p3ymc:.llt in
accordance with J*:IgI'aph 14.13 of the 0enctaJ Conditions witbin sisry (60) c.net...
days after the date when tbe Coutract Time COIIIlllfllCtS ro run.
am NO: ....,.,
PAn:: 0!l"7/1.
ern Of MJAMlItEAOI
IZ
Attachment II (Amended)
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 thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual
loss suffered by Owner if the Work is not completed on time, and therefore time is of the
essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and
pay Owner as liquidated damages for delay (but not as a penalty) the amount of
Two Hundred Dollan ($200.00) for each calendar day that expires after the
Contract Time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall
pay Owner Two Hundred DoUan ($200.00) for each calendar day that expires after
the time specified in Paragraph 3.1 for completion and readiness for final payment
These amounts represent a reasonable estimate of Owner' s expenses for extended delays
and for inspection, engineering seIVices and administrative costs associated with such delay,
4. In such construction said Contractor shall fwnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution and
completion of the Work, nothing being required of the City except that it may, at its expense,
supervise such construction and enter upon and inspect the same at all reasonable times.
5. If any dispute arises between the City and said Contractor with reference to ne meaning or
requirements of any part of this Contract and they cannot agree, the more stringent requirements
shall govem as determined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike
manner within the time herein specified and in accord herewith, the said City shall pay to the
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 shall
it operate to alter any other term of this Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a perfonnance
and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount,
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: 46-00101
DATE: 08101101
Cl1Y OF MIAMI BEACH
13
8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami
Beach Risk Manager.
9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for perfurmance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached
to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except
with regard to the items in the Bid which are subject to unit prices.
Contract Price:
$~
II. The Contract Documents which comprise the entire Agreement between City and Contractor are
attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the
City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of
Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
f!L
--eRE APPr€tV~C.(SEAL)
Contractor
fR:e:z,w~
ATTEST:
Title
j(,w~ f~
City Clerk
BID NO: 46-00/01
DATE: 08101101
APPROVED AS TO
CITY OF MIAMI~& LANGUAGE
14 & FOR EXECUTION
1211 tJl
~
.......,,, .........
"..' .,....., ....v......., oJ~v.....,
,. ~ 1
, .
'IRPOItMANCE BOND
(Jbis bnnd mec:u and Cltcecds!be requiRments ofFJorida Stab.lfCS S:aion 2SS.0S)
STATEOFFLOlUDA)
lIS
COUNTY OF )
KNOW ALL MEN BY 11IESE PRESF.NTS that we,
as Principal. bcranaRer CllJlcd Contr.IctCl', aad
as Surcty, are fll'Olly b.>und lUlto ,he City of Miami Bc:acb.
FIorid.1, as Obligee, bcn:inafb:r called the Crty, in the P~1liI1 sum of Dollars
($_ ). for the payrDllllt of which sum wen and tnlly to be: Imde, ~ bU1l1 oor.;eM:s, our heirs,
I:XlXU'ors, admiMtrators, 5'uccason and assigns, jointly and suwtally, firmly by thcsl: presents.
WHKREAS, ConITdC:tor, on the _ day of . 20_. entered ino a Cl.,'l'bin contract
willi the City, hetI:lo attached, for BID NO. 46-00/01, ~lled, .. PRI';SSURE C'l.EAN,
PLAsn:RlNG, MAJOR STUCCO REPAlll AND PAINTING Of FLEET MANAGEMENT
BUII.DINGS J& 2" which Ccotrad is made a part hereofby rderencc thereto.
NOW, THEREFORE, THE CONDmON OF nos OBLIGA'flON IS SUCH,.... jfth:
Contractor shall well and truly perform 3nd fulfill all the undCItaL-ingl;, covenants, termS, C<lIIditiMs and
agreements ofsaid COl1\ract, and all duly authorized modifICations of said ContracC thai may hcn:aflcr be
made. notice of which modifutlon.1 to the Surety being hereby waived. thL'Il this obIigalioll sh.111 00 void;
0lhcJwi.~ 10 n:main in full fora: IIl1II effect.
WHENEVER Ihe PriJEipaI shaD be and is declared by lhe City to be in default under the Cmfnlct,
or Whellt.'VCf" the Ccnln1ct ha.1 been terminated by lklfauh ofthc ConlrolCtor,lhe City having fl(...rfonned Ute
City's obligations thcteundcr, the Surety shaIJ:
L Complclc the COI1trnct in 3(;C\)I'dancc: with its terms :lJ1d conditions, or ilt tlte City's sole
option.
2. Obtain a Bid or Bilk for submission to the City for CUllf'k.'ling th: Contract in acconlilncc
wilh its ICm1.1 ~nd conditions, and upon detmnin.'llion by me City and dlC Surety or the
lowest responsible Bidder, :anangc for a Conl1Xt between such Bidder and Ihc City. and
make :wailablc lIS Work progresses (even tbough there should be a ckl'3UIt or it SUCCl::ISion
of defaults \D1dcr the Contrnct or Contrat:lS of rompletion alT:lnged under this lllC'lglilph)
sufftcicnt fi.nh to pay Ibe cost of ccmpktion b$ the balance of the 0lnIrxt ptice; but not
oo-a:ding. including adta oosts and damages for wIUch the Si.a'ety m:ry be liable hcrcund<:c,
dlC mnount set fcnb in the filSt paragrarh hereof The teml "b:1lance oftbe C<>ntr.K1 price"
a.<Ill1Cd in this pardg1'aflh. shall mean the lotal 3Il1OOIIl p3y.lble by the Oty 10 the ContraC/or
under the Conlract llDd any 31nc:rtmIClllS thcteto. lcs.~ die iUllOlmt propcify pilid by the City
tl) the Contractor.
No ciboflt of action shall ilCCnJe on \IUs Bond to or for the \IliC of any p..'TlrOO or corporation Olhcc
lhan the City n:vncd hl'./'Cin or the SUCCCSSOI'S or assignees thcl'l:of
BID NO: 46-1t1OJ em OF MIAMI BEACIl AttllChmcnt n (;\nItDded)
DAn:: 09/07/11 15
The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and
against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering
and architectural fees or other professional services which the City may incur or which may accrue or be
imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any
Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on
account of the Construction of the work and performance of said Contract by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the date of
acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor
hereby guarantees to repair or replace for the said periods all work performed and materials and equipment
furnished, which were not performed or furnished according to the tenns of the Contract Documents. If
no specific periods of warranty are stated in the Contract Documents for any particular item of work,
material or equipment, the Contractor hereby guarantees the same for a minimum period of one (I) year
from the date of final acceptance by the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided by law.
BiD NO: 46-00/01
DAlE: 08101/01
CITY OF MIAMI BEACH
16
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the day of , 20
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Attorney-in-fact
(power of Attorney must be attached)
BID NO: 46-00101
DATE: 08101101
CfIY OF MIAMI BEACH
17
.
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
the foregoing bond; that
then
. certify that I am the Secretary of the Corporation named as Principal in
who signed the said bond on behalf of the Principal, was
of said Corporation; that I know his signature, and his signature hereto is
genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority
of its governing body.
Secretary
Corporate
Seal
STATE OF FLORIDA)
55
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that he
and that he has been authorized by
to execute the foregoing bond on behalf of the Contractor named therein
in favor of the City of Miami Beach, Florida
is the Attorney-in-Fact, for the
Subscribed and sworn before me this
day of
,20_ A.D.
(Attach Power of Attorney)
Notary Public
State of F1orida- at-Large
My Commission Expires:
BID NO: 46-00101
DATE: 08101/01
CITY OF M!A,'\1I BEACd
18
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We.
, as Principal, and
as corporation, as Surety, are bound to the City of Miami Beach, Florida,
as obligee, herein called City, in the sum of$
for the payment of which we
bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principa1:
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.
Performs the guarantee of all labor and materials furnished under the contract for the time specified in the
contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract docmnents 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
reference.
between the City and Principal is made a part of this Bond by
Claimants are advised that Section 255.05, Fla. Statute, contains notice and time limitation provisions
which must be strictly complied with.
BID NO: 46-00101
DATE: 08/01101
CITY OF MIAMI BEACH
19
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
appropriate officials of the day of , 20
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Finn Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
(Corporate Name)
BY
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
By:
Attorney-in-fact
(power of Attorney must be attached)
BiD NO: 46-00101
DATE: 08101101
CITY OF MIAMI BEACH
20
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
. certify that I am the Secretary of the Corporation named as Principal in
the foregoing bond; that
who signed the said bond on behalf of the Principal, was then
of said Corporation; that I know his signature, and his signature hereto is genuine; and
that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
Secretary
Corporate
Seal
STATE OF FLORIDA)
55
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that he
is the Attorney in Fact, for the
and that he has been authorized by
to execute the foregoing bond on behalf of the Contractor named therein
in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this
day of
,20_ A.D.
(Attach Power of Attorney)
Notary Public
State of Florida- at-Large
My commission Expires:
BID NO: 46-00/01
DATE: 08101101
CITY OF MIAMI BEACH
21
INSURANCE REOUlREMENTS
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.
b) The contractor, at all times during the full duration of work under this contract, including extra
work in connection with this project shall meet the following requirements:
1) Maintain Worker's Compensation and Employer's Liability Insurance to
meet the statutory requirements of the State of Florida.
iI) Maintain Comprehensive General Liability Insurance in amounts prescribed
by the City (see checklist for limits) to protect the contractor in the interest of the
City against all risks of injury to persons (including death) or damage to property
wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage,
products/completed operations and contractual liability.
iii) Maintain Automobile Liability Insurance including Property Damage covering
all 0'Mled, non-owned or hired automobiles and equipment used in connection with
the work.
iv) Maintain any additional covemge required by the Risk Manager as indicated on the
Insurance Check List.
v) Name the City of Miami Beach as an additional insured on all liability policies
required by this contract. When naming the City of Miami Beach as an additional
insured onto your policies, the insurance companies hereby agree and will endorse
the policies to state that the City will not be liable for the payment of any premiillllS
or assessments.
VI) No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
vit) 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.
BID NO: 46-00101 ern' OF MIAMI BEACH
DATE: 08101101 22
viiI) Original signed Certificates of Insuranee, evidencing such coverage and
endorsements as required herein, shall be filed with and approved by the City of
Miami Beach Risk Manager before work is started. The certificate must state
Bid Number and Title. Upon expiration of the required insurance, the contractor
must submit updated certificates of insurance for as long a period as any work is still
in progress.
ix) It is understood and agreed that all policies of insurance provided by the 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 insuran:e 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 $1 ,000,000.00 for each occurrence and for all damages to the property of others in and
up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the
specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees
and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or
commission of any by the contractor, his agents, setVants, or employees, or through the mere existence
of the project under contract. BID NO. 46-00/01 " PRESSURE CLEAN, PLASTERING,
MAJOR STUCCO REPAIR AND PAINTING OF FLEET MANAGEMENT BUILDINGS 1&
2" 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
Hannless Agreement contained within this contract, and furnish a copy of the Hold
Hannless Agreement to the insurance agent and camero
iI) The contractor will obtain and maintain contractual1iability insurance in adequate 1imits
for the sole purpose of protecting the City of Miami Beach under the Hold Hannless
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 polic.ies issued on this
contract unless specific safeguards have been established to assure an adequate fund for
payment of deductibles by the insured and approved by the City's Risk Manager.
BiD NO: 46-00/01
DATE: 09/07/01
CI1Y OF MIAMI BEACH
23
Attachment n (Amended)
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 carrying insurance and furnishing copies of the insurance policies
shall not relieve the contractor and all subcontractors of their liabilities and obligations Wlder 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) Insurance coverage required in these specifications shall be in force throughout the contract term.
Should any awardee fail to provide acceptable evidence of current insurance within seven days
of receipt of written notice at any time during the contract term, the City shall have the right to
consider the contract breached and justifying the tennination thereof
g) If bidder does not meet the insurance requirements of the specifications; alternate insurance
coverage, satisfactory to the Risk Manager, may be considered.
h) It is Wlderstood and agreed that the inclusion of more than one insured Wlder these policies shall
not restrict the coverage provided by these policies for one insured hereunder with respect to
a liability claim or suit by another insured hereunder or an employee of such other insured and
that with respect to claims against any insured hereunder, other insured hereunder shall be
considered members of the public; but the provisions of this Cross Liability clause shall apply
only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair
of such portions of the premises insured hereWlder as are not reserved for the exclusive use of
occupancy of the insured against whom claim is made or suit is filed.
BID NO: 46.00101
DATE: 08101101
CfIY OF MIAMI BEACH
24
INSURANCE CHECK LIST
xxx 1.
Wotkers' Compensation and Employer's Liability per the Statutory limits of the
state of Florida.
xxx 2.
Comprehensive General Liability (occurrence fonn), limits of liability $1,000,000.00
per occurrence for bodily injury property damage to include Premises! Operations;
Products and Completed Operations; Independent Contractors; Broad Fonn
Property Damage Endorsement and Contractual Indemnity (Hold hannless
endorsement exactly as written in "insurance requirements" of specifications).
xxx 3.
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence
- ownedlnon-ownedlhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages.
xxx 5.
The City must be named as and additional insured on the liability policies; and it
must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7.
Thirty (30) days written cancellation notice required.
xxx 8.
Best's guide rating B+: VI or better, latest edition.
xxx 9.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this insurance may
by required within five (5) days after bid opening.
Bidder
Signature ufBidder
BID NO: 46-00101
DATE: 08101101
Cl1Y OF M1AMI BEACH
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 pronouns in place of them are used, the intent and meaning shall be
interpreted as follows:
1.2 "Citv" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "Citv Clerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "Citv Manal!er" - Chief Administrator of the City Commission.
1.6 "Enldneer" - 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 perfonned by the Contractor.
1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation
with whom a Contract has been made by the City,
1.10 "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.ll "Surety" - The corporate body or individual which is bound by the Perfonnance and
Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible
for his acceptable perfonnance of the work for which contract has been made and for his payment of all
debts pertaining thereto.
1.12 "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 Guarantv" - The security designated in the Proposal, to be furnished by the
Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him.
BiD NO: 46-00101
DATE: 08101101
CTIY OF MIAMI BEACH
26
1.14 "Plans" - The official approved plans, profile, typical cross-section, general cross-sections,
working drawings, and supplemental drawings, or exact reproductions thereof, which show the location,
character, dimensions and details of the work to be done, and which are to be considered as a part of the
Contract supplementary to these Specifications.
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
1.16 "Specifications" - The directions, provisions and requirements contained herein, together
with all written agreements made or to be made, setting out or relating to the method and manner of
performing the work, or to the quantities and qualities of materials and labor to be furnished under the
Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting
forth conditions peculiar to the project under consideration. In case of any discrepancy between the
Standard Specifications and the Special Provisions, the Special Provisions are to govern.
1.18 "Supplemental Al!l"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 perfonnance of the work and the
furnishing oflabor and materials in the proposed construction. The contract shall include the "Proposal,"
"Plan," "Specifications," "Special Provisions," Perfonnance Bond," and "Labor and Material Bond" also any
and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner.
1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and the
Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract
1.21 "Pavrnent 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 finther defined in Section 255.05(1) of the
Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in
the Proposal as contemplated improvement.
1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the
information as to his ability to perform the work, his experience in similar work, and his financial condition
as related to his ability to finance the work.
1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with
the contract documents, so the owner can occupy or utilize the work or designated portion thereof for the
use for which it is intended. A Certificate of Substantial Completion signed by the NE 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: 46-00101
DATE: 08101101
CITY OF MIk\1I BEACH
27
Seetion 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact that
the estimate of quantities of all work to be done and materials to be furnished under the Specifications as
shown on the Plans and on the Proposal FonD, is approximate and is given only as a basis of calculation
upon which the award of the Contract is to be made. The City does not assume any responsibility that the
final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead
misunderstanding or deception because of such estimate of quantities or of the character, location of the
work or other conditions pertaining thereto.
2.2 Examination of Plans. Specifications. Special Provisions. and Site of Work - The
Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract
for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the
conditions to be encountered, as to the character, quality, and quantities of work to be performed and
materials to be furnished and as to the requirements of these Specifications, Special Provisions, and
Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that
the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the form provided, All blank
specifications for which quantities are shown must be filled in ink, in both words and figures with the unit
price for the item for which the proposal is made. The bidder shall also state the time in which he will
complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in
his own proper person or under a trade or firm name, he shall execute the same under his individual trade
or firm name, he shall execute the same under his individual signature and his post office address shall be
shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in
full the names of the partners and the firm name of the partnership, if any, and signed by one or more of the
partners, and the post office address of each of the partners shall be shown. If made by a corporation, the
proposal shall be executed by setting out the corporate name in full, followed by a statement that it is
incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that
it is authorized and pennitted 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 Reiection of Irre2Ular Proposals - Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized
alternate bids, or irregularities of any kind
2.5 Guaranty to Accompanv ProPOSals - No Proposal will be considered unless accompanied
by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the
Proposal FonD, made payable to the City of Miami Beach, Florida.
BID NO: 46-00101
DATE: 08101101
CITY OF MIAMI BEACH
28
2.6 Delivery of Proposals - 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 forwarded by mail the above
mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami
Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at
the Office of the City Purchasing Agent. Proposals will be received until the date and hour stated in the
"Notice to Contractors."
2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder
makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board
fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after
bid opening will only be accepted with the collection of Bid Surety by the City.
2.8 Openin2 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, finn, 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 fonner contracts with the City or contracts
with the same in force at the time of receiving bids.
2.10 COIDPetencv of Bidders - Bidders must be capable ofperfonnmg the various items of work
bid upon. They shall finnish a statement covering experience on similar wolk, a list of machineIy, plant, and
other equipment available for the proposed wolk, 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: 46-00101
DATE: 08/01101
CITY OF MIAMI BEACH
29
Section 3
AWARD AND EXECUTION OF CONTRACT
3.1 Consideration of Bids - For the putpOse of award, after the Proposals are opened and read,
the correct summation of the products of the approximate quantities shO\\TI in the Proposal, by the writ 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 Conunission 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 perfonn 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 unless surety is
forfeited because of bid \\ithdrawal.
3.4 Contract Bond Reauired - The successful Bidder entering into a Contract for any portion
of the work will be required to give the City Surety in a sum equal to the amount of the Contract awarded.
The fonn of the Bond shall 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 shall sign the necessary agreements, entering into a Contract with the
City, and return them to the City Engineer. No proposal will be considered binding upon the City until the
execution of this Contract.
BID NO: 46-00101
DATE: 08101101
CITY OF MIAMI BEACH
30
3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as
provided herein within ten (10) days from date of award shall be just cause for the annulment of the award
and the fOtfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages
sustained. Award may then be made to the next lowest responsible Bidder or the work may be re-
advertised or may be constructed by day labor, as the City may decide.
3.7 Evidence of Authoritv - Before a Contract is executed the Bidder will be required to furnish
certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appointtnents, and/or other satisfactory evidence of the authority of all persons
signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business
in the State of Florida.
BID NO: 46-00101
DATE: 08101/01
CITY OF MIAMI BEACH
31
Section 4
SCOPE OF THE WORK
4.1 Intent of Plans and SDecifications - 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
Proposa1 and on the Plans, and such additional, extra, and incidental work as may be necessary to complete
the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and
acceptable manners, and when completed, shall remove all surplus and discarded material and equipment
and leave the site of the Work in a neat, acceptable and finished condition. He shall furnish, unless otherwise
provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials,
supplies, labor, and other things necessary to the prosecution and completion of the Work.
He shall maintain the finished Work until its 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 performed or complied with by the Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to
make from time to time such alterations in the Plans or in the character of the work as may be considered
necessary or desirable to complete fully and perfectly the proposed construction and such alterations shall
not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions
thereof Should such alterations in the Plans result in an increase or decrease of the quantity of work to be
performed, and should added or eliminated work be of the same character as that shown on the original
plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the
work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed
upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or
deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits.
4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity
and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Work
as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as
directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be
signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force
Account" Basis given the Contractor.
BID NO: 46-00/01
DAlE: 08101101
CflY OF MIAMI BEACH
32
.#
4.5 Removal and DisDOsal of Structure and Obstructions - The Contractor will remove an
obstructions that may come in the way of the contemplated improvements, such as pavements, sidewaIks,
fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other obstructions encountered
either above or below the surface of the ground and dispose of them in such manner as the Engineer may
direct.
All work prescribed and involved under this heading shall be considered as incidental to and
included in the unit price bid for the particular W mk in which it is involved and no additional payment will
be made therefore unless otherwise specifically provided in the Special Provisions.
4.6 Ri2hts 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 OMi 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 ",ill 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: 46-00101
DATE: 08101101
CfIY OF MIAi'fI 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 intetpretation of the Plans, construction, prosecution and fulfillment of this Conttact,
and as to the character, quality, amount, and value of any work done, and materials furnished, under or by
reason of this Conttact, and his estimates and decisions upon all claims, questions, and disputes shall be final
and conclusive upon the parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary
to adequately control the Work. It is mutually agreed that all authorized alterations affecting the
requirements and 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.
Working Drawings for any structure shall consist of such detailed plans as may be required for the
prosecution of the work and are not included in the Plans fimrished by the Engineer. They shall include shop
details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of
which by the Engineer must be obtained before any work involving these plans shall be performed. Plans
for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall
be likewise subject to approval unless approval be waived by the Engineer.
It is understood, however, that approval by the Engineer of the Contractor's working drawings
does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual
agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for
agreement and conformity of his working drawings with the approved Pla.'1S 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 Conformitv with Plans and Allowable Deviations - The finished work in all cases shall
confonn with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such
deviations from the approved Plans and working drawings as may be required by the exigencies of
construction will in all cases be determined by the Engineer and authorized in writing.
5.4 Coordination of Plans. Specifications. and Special Provisions - These Specifications,
the Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a
requirement occwring 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 govem over
scaled dimensions. Plans shall govem over Specifications, Special Provisions shall govem over both
Specifications and Plans.
BID NO: 46-00101
DATE: 08101101
CITY OF MIAMI BEACH
34
..
S.S Cooperation of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Work at all times, one
copy each of said Plans and Specifications and Special Provisions; he shall give the Work. the constant
attention necessary to facilitate the progress thereof and shall cooperate with the Engineer and with other
contractors in every way possible. The Contractor shall at all times have a competent English-speaking
Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, as his agent
on the Work, who shall receive instructions from the Engineer or his authorized representatives. The
Superintendent shall have full authority to execute the orders or directions of the Engineer without delay and
to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such
Superintendent shall be furnished irrespective of the amount of work. sublet.
S.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work
done and materials furnished. Such inspection may extend to all or any part of the Work. and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the Work. to
report to the Engineer as to the progress of the Work. and the manner in which it is being performed; also
to report whenever it appears that the materials furnished and work performed by the Contractor fail to
fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any
such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any
obligation to perform all the Work. strictly in accordance with the requirements of the Specifications. In case
of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of
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 contraIy to the Plans and Specifications. The Inspector shall in no case act as Foreman or
perform other duties for the Contractor, nor interfere with the management of the Work. by the latter. Any
advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer
in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one
Inspector will be employed by the City for each section of the Work under Contract; but if, on account of
any apparent disregard of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of$150.00 per diem each, and the cost of same charged to the Contractor
and deducted from the final payment.
5.7 Inspection - The Contractor shall finnish 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 th<: Contractor shall restore said portions of the Work. to the standard required
by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or
removing, and the replacing of the covering or making good of the parts removed, shall be paid for as "Extra
Work," but should the work. so exposed or examined prove unacceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense.
No work. shall be done nor materials used without suitable supervision or inspection by the Engineer or his
BID NO: 46-00101
DATE: 08101101
C11Y OF MJAl\n BEACH
3S
representative. Failure to reject any defective work or material shall not in any way prevent later rejection
when such defect be discovered, or obligate the City to final acceptance.
5.8 Failure to Remo've and Renew Defective Materials and Work - Should the Contractor
fail or refuse to remove and renew any defective materials used or work performed, or to make any
necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications
within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or
defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made
at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or
repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or
which may become due the Contractor or may be charged against the "Contract Bond" deposited; and
continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly,
fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase
materials, tools, and equipment and employ labor or may contract with any other individual, firm, or
corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the
defaulting Contractor and the amount thereof deducted from any monies due or which may become due
him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this
paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by
him
5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall
have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (l0)
days, unless otheIWise provided, make the final inspection.
BID NO: 46-00101
DATE: 08101101
Cl1Y OF MIAMI BEACH
36
Section 6
CONTROL OF MATERIALS
6.1 Source of Supplv and Quality of Materials - At the option of the Engineer the SOUICe of
supply for each of the materials shall be approved by the Engineer before the delivery is started.
Representative preliminary samples of the character and quality described shall be submitted by the
Contractor or producer for examination and tested in accordance with the methods referred to under
Samples and Tests, Paragraph 6.2. Only materials 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 fwnish a unifonn product, or if the product from any SOUICeS
proves unacceptable at any time, the Contractor shall furnish approved material from other approved
sources. No material which after approval has in any way become unfit for use shall be used in the Work.
6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any
or all materials to be subject to test by means of samples or otherwise as he may determine. The
Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and
shall not 1l1ake use of or incorpomte in the Work any material represented by the samples until the tests
have been made and the materials found in accordance with the requirements of the Specifications and are
acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge.
Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured
prior to the incorpomtion of the material in the Work.
The manner of collecting and testing samples, as well as all apparatus and equipment used for this
purpose, shall confonn 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 Stora2e of Materials - Materials shall be stored so as to insure their preservation and quality
and fimess 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 confonning 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 pennitted by the
Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until
approval has been given. Upon failure on the part of the Contractor to comply with any order of the
Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace
defective material and to deduct the cost of removal and replacement from any monies due or to become
due the Contractor.
BID NO: 46-00101
DATE: 08101101
CTIY OF MIAMI BEACH
37
7.2 Permits. Lieenses. Occupational Licenses - 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. 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 Wlderstood and agreed that
without exception contract prices are to include all royalties and costs arising from patents, trademarlcs, 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 hannJess the City from any and
all claims for infringement by reason of the use of any such patented design, device, material, or process,
to be performed Wlder the Contract, and shall indenmify 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 Ril!ht ofWav -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 resetVed to omit
any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the
City.
The Contractor shall have no claims for damage due to delay by the City in furnishing necessary
right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for
the completion of his Contract as may be detennined 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 Wlder
"Extra Work," Should the Contractor refuse or neglect to make the said repairs within the time specified,
the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall
not be relieved in any way from his responsibility for the work performed by him.
7.5 Restoration of Surfaces Opened bv Permit - Any individual, firm, or coIporation 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 amount to cover the cost of making the necessary repairs, and the Contractor
shall not allow any person or persons to make an opening unless a duly authorized 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.
BlD NO: 46-00101 CrIY OF MIAMI BEACH
DATE: 08101101 39
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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.
7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a
sanitary condition, such accommodations for the use of his employees as is necessary to comply with the
requirements and regulations of State and County Boards of Health. He shall commit no public nuisance.
7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure
the least obstruction to traffic practicable, and shall provide for the convenience of the general public and
of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and
equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible
and 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 Wark 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 maintained
by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified
by telephone or otherwise upon the closing andlor opening of each street or section thereof.
7.9 Barricades. Warninl!S. and Detour Sil!Ils - The Contractor shall provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be
necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to
sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide
all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper
guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other
precautions that may be necessary for the proper protection of the Work and public convenience and
safety. All safety signs, necessary lighting and temporary fencing around work areas shall be installed and
maintained and work perfonned in accordance with OSHA requirements while the job is in progress.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs
at all closures, inteIsections, and along the detour routes, directing the traffic around the closed portion or
portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its
or their entire length.
BID NO: 46-00/01
DATE: 08101101
Cl1Y OF MIAMI BEACH
40
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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 (l 0)
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 use of explosives is
not contemplated in the prosecution of this Contract, and in no case will their use be permitted 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 number and size of the charges shall
be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked
clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen.
7.12 Preservation of Property - The Contractor shall preserve from danger all property along
the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public
utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe,
underground SllUctures, 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 expt:IlSe.
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 cons1IUction 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 deduc"".ed from
any monies due or which may become due the Contractor under this Contract. Nothing in this clause shaI1
prevent the Contractor from receiving proper compensation for the removal or replacement of any public
or private property when same is made necessary by alteration of grade or alignment., and such work is
authorized by the Engineer, provided that such property has not been damaged through fault of the
Contractor, his employees, or agents.
7.13 Responsibility for Damage. Etc. - The Contractor shall indemnify and save harmless the
City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any
character, name, and description brought for, or on account of, any injuries or damages received or
sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence
of, any neglect in safeguarding the Worl<, or through the use of unacceptable materials in the construction
of the improvement., or by, or on account of any act of omission, neglect, or misconduct of the said
Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent.,
trademark, or copyright., or from any claims or amounts arising or recovered under the "Workmen's
BID NO: 46-00/01
DATE: 08101101
CITY OF MIAMI BEACH
41
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Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money
due the said Contractor under and by virtue of his Contract as shall be considered necessary by the
Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until
such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been
settled and suitable evidence to that effect furnished to the Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and
other just claims against him or any subcontractor in connection with this Contract and his bonds will not
be released by final acceptance and payment by the City unless all such claims are paid or released
7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall
be under the charge and care of the Contractor and he shall take every necessary precaution against injury
or damage to any part thereofby the action of the elements or from any other cause whatsoever arising from
the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and
make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of
the above causes before its completion and acceptance except such ordiruuy wear and tear as may be due
to use on sections opened for service, as hereinafter provided.
7.15 Openine: of Section of Work for Service - Whenever, in the opinion of the Engineer, any
portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and
such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver
of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section
of the Work due to its being opened for use under instructions from the Engineer, to defective materials or
work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the
Work, shall be performed at the expense of the Contractor.
7.16 No Waiver of Lee:al Rie:hts - The City reseIVes the right, should an error be discovered
in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on
the part of the Contractor be discovered after the final payment has been made, to claim and recover by
process of law such sums as may be sufficient to correct the error or make good the defects in the work
and materials.
7.17 Liabilities and Duties of Contractor Not Limited- The mention of any specific duty or
liability upon the Contractor in any part of the Specificatiom; 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: 46-00101
DATE: 08101101
CITY OF MLOII BEACH
42
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Seetion 8
PROSECUTION AND PROGRESS
8.1 Sublettin2 or Assilmin2 Contracts - The Contractor will not be permitted to sublet, assign,
sell, transfer, or otheIWi.se dispose of the Contract or any portion thereof, or of his right, title, or interest
therein to any individual, finn, or corporation without the written consent of the Board. In case such
approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts
or transfer of Contract shall in any case release the Contractor of his liability Wlder this Contract and Bond
8.2 Pro2ress of Work -It is understood and agreed that the Contractor shall commence work
not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate
force of labor and equipment to prosecute the Work at as many different points as may be deemed
necessary by the Engineer so as to insure the completion of the same within the time limit for completion as
set forth in the attached Proposal or Contract, except that where the Contractor has more than one
uncompleted Contract with the City, he is not to commence another Contract nor place materials on the
streets thereof without the consent of the Engineer.
8.3 Limitations of <>Derations - The work is to be confined, at anyone time, to five squares, not
to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be
barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be
allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is
not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent.
The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or
other buildings as may be necessary, provided such structures do not interfere with the reasonable use of
the streets or sidewalks. The size, location, and construction of these must be subject to the approval of
the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as not to interfere
with the operations of other contractors engaged upon adjacent work and to join his work to that of others
in a proper manner in accordance with the spirit of the Plans and Specifications, and to perfonn his work
in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer.
Each Contractor shall be held responsible for any damage done by him or his agents to the work
perfonned by another Contractor. Each Contractor shall so conduct his operations and maintain the Work
in such condition that adequate drainage shall be in effect at all times.
8.4 Character of Workmen and EQuipment - The Contractor shall employ such
superintendents, foremen, and workIUen as are careful and competent. Whenever the Engineer shall
determine that any person employed by the Contractor is, in his opinion, incompetent, mrlirithful, disorderly,
or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be
employed on it except with written consent of the Engineer.
BID NO: 46-00101
DATE: 08/01101
CITY OF MIAM1 BEAm
43
All workmen must have sufficient skill and experience to properly pafo.lIl the work assigned them.
All workmen engaged on special worle or skilled work, or in any trade, shall have had sufficient experience
in such work to properly and satisfactorily perfonn it and to operate the equipment involved, and shall make
due and proper effort to execute the Wark in the manner prescribed in these Specifications. Otherwise the
Engineer may take action as above prescribed.
Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient
machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all
estimates which are or may become due, or may suspend the W orle until such orders are complied with.
The equipment used on any portion of the Worle shall be such that no injury to the roadway, adjacent
property, or other highways will result from its use; and no item of machinery or equipment, after once being
place on the Work, shall be removed withmlt the consent of the Engineer.
8.5 Temporary Susoension 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 cany out orders given or
perfonn any or all provisions of the Contract. If it should become necessary to stop worle for an indefinite
period, the Contractor shall store all materials in such manner that they will not obstruct or impede the
traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable
precaution to prevent damage or deterioration of the work perfonned; provide suitable drainage of the
roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The
Contractor shall not suspend the Worle and shall not remove any equipment, tools, lumber, or other
materials without the written pennission of the Engineer.
No allowance of any kind will be made for such suspension of worle except an equivalent extension of time
for completion of the Contract.
8.6 Computation of Contract Time for Completion of the Work - Contractor shall perfonn
fully, entirely, and in accordance with these Specifications the Work contracted for within specified time
stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length
of time expressed in days, during which the prosecution of the Worle has been delayed in consequence of
any suspension ofworle 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
detennined by the Engineer, &"ld whose determination shall be binding and conclusive upon both parties to
the Contract. If the satisfactory execution and completion of the Contract shall require worle or material
in greater value-than set forth in the Contract, then the contract time shall be increased in the same ratio as
the additional value bears to the original value contracted for. No allowance shall be made for delay or
suspension of the prosecution of the Worle due to fault or negligence of the Contractor.
BID NO: 46-00101
DATE: 08101/01
CfIY OF MIAMI BEACH
44
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No claim for damages shall be made or allowed on account of delay or postponement occasioned by the
precedence of other contracts which may be either let or executed before the execution of the Contract,
or on account of the streets or structures adjacent to the Work not being in the condition contemplated by
the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but
if the Contractor shall be delayed in the performance of his work by reason of the streets or structures
adjacent to the Work not being in condition contemplated, or on account of delay in the removal of
obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts,
or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable.
8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is to
be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper
dispatch towards completion to the satisfuction of the Engineer, and is to be fully completed within the time
limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion
of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or
before the date specified it is agreed that for each calendar day that any work shall remain uncompleted,
after the time specified in the attached Proposal, with any extension of time which may be allowed by the
Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and
Contract, the sum per day given in the following schedule shall be deducted from the monies due to the
Contractor, not as a penalty but as liquidated damages and added expense for supervision on each
Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Dav See Paragraph 3.2 of
Agreement
The Contractor shall take into account all contingent work which has to be done by other parties,
arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as
an excuse for delay in his work or for its non- performance.
Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract
forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and
every one of the tenns of this Contract as set forth and provided for in the General Provisions, Special
Provisions, and Specifications herein contained.
8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract within the
time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient
materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall
neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shal1 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 shal1 make an assignment for the benefit of
creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the
BID NO: 46-110101
DATE: 08101101
CITY OF MIAMI BEACH
4S
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Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or defimlt,
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 power
and authority, without violating the Contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and
acceptable and may enter into an agreement for the completion of said Contract according to the tenus 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 W 0Ik 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 Resoonsibilitv - 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: 46-00101
DATE: 08101101
CI1Y OF MIAMI BEACH
46
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Section 9
MEASUREMENT AND PAYMENT
9.1 Measurement of Ouantities - All work completed tmder 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 swfaces laid over a greater area than authorized or for material
moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon
written instructions of the Engineer.
9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept
the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and
tools, and for perfonning all the Work contemplated and embraced in the attached Specifications and
Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of
the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the
prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every
description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work
as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion
of the Work in accordance with the Plans, Specifications, and Contract.
9.3 Pavment and Compensation for Altered Ouantities -When Alterations in Plans or
quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and
performed, the Contractor shall accept paj1llent in full at the Contract unit price for the actual quantities of
work done; no allowance will be made for anticipated profits; increased or decreased work involving
Supplemental Agreements shall be paid for as stipulated in such agreement.
9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed
by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the
following manner:
(a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor
shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for
every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added
an amount equal to 15 percent of the sum thereof which shall be considered as full compensation for general
supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such
as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for
Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Instrrance involved in such
force account work, based on the actual wages paid the said labor and foremen. No percentage will be
added to the cost of such taxes or insurance.
BID NO: 46-00101
DATE: 08101101
CflY OF MIAMI BEACH
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(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.
(c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels,
drills, concrete mixers, pumps, and hoists, also industrial milway equipment, crushers, etc., required for the
economical perfonnance of the work, the Engineer shall allow the Contractor a reasonable rental price to
be agreed upon in writing before such work is begun, for each and every hour that said special equipment
is in use on the work, to which sum no percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment in full for
Extra Work done on a force account basis.
The Contractor's representative and the Inspector shall compare records of extra work done on
a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a
form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's
representative, one copy being fOIwarded, respectively, to the Engineer of his authorized representative,
and to the Contractor. All claims for extra work done on a force account basis shall be submitted as
hereinbefore provided by the Contractor upon certified statements, to which shall be attached original
receipted bills covering the costs of and the freight charges and hauling on all materials used in such work,
and such statements shall be submitted to the Engineer on the current estimate of the month in which work
was actually done.
9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating
to the construction of any items therein by the payment to the Contractor of a fair and equitable amount
covering all items incurred prior to the date of cancellation or suspension of the work by order of the
Engineer.
9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be
paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the
Contractor under these Specifications, when such materials have been delivered, inspected, and payments
satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such
as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due
being reserved until a 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
BID NO: 46-00101
DATE: 08101101
CITY OF MIAMI BEACH
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work, the estimate and payment for such defective or questioned work shall not be allowed until the defect
has been remedied and causes for doubt removed. TIle 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 ContIact the Engineer may allow the Contractor a portion of the suspended payment, provided that the
City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the
ContIact and liquidate unsatisfied claims.
9.7 Acceptance and Final Pavment - Whenever the improvement provided for under this
Contract shall have been completely performed on the part of the Contractor, and all parts of the Work
have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other
things used in the construction removed from the site of the construction and from the adjoining land, the
Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing,
recommending the acceptance of the Work.
Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will
be prepared by the Engineer as soon as the necessary measurements and computations can be made all
prior certificates or estimates upon which payments have been made being approximate only and subject
to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained lL'lder
the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate
has been approved by the Board, provided that the Contractor has furnished to the Board a sworn affidavit
to the effect that all bills are paid and no suits are pending in connection with the Work done under this
Contract. Upon this final payment the City is to be released from all liability whatever grmving out of this
Contract.
No final payment shall be made without the submittal of the following documents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE
SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL
CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LEITER OF FINAL
COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record, approved by the
City.
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DAlE: 08101101
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Section 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish
satisfactory evidence that he has complied with the Workmen's Compensation Act of the State
of Florida, and any amendments thereto, and all laws pertaining to the protection of his
employees.
10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank
draft of any National or State bank, or Bid Bond payable to the order of the City of Miami
Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid
shall accompany each proposal. The Performance and Payment Bonds shall each be in the
amount of one hundred (100%) percent of the contract price, submitted by the successful bidder
and placed through a Miami Beach agency where practicable.
10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work.
The Contractor shall take every precaution to protect the abutting properties and minimize the
possibility of damage to same. Contractor sha11 be liable for restoration of all property including
City property.
lOA LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise
occasioned either directly or indirectly by the work provided for under the Specifications herein,
shall be assumed by the Contractor and the City Commission and all its officers, agents,
employees sha11 be indemnified and saved hannless therefrom.
10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to
become familiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all 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 work shall be accomplished on Saturdays and Simdays. No work shall take place between
the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to
protect work already accomplished. Any work that the contractor finds necessary to provide
during the above days and times, must obtain written permission from the Property Management
Director or designated representative.
BID NO: 46-00101
DATE: 08101101
CfIY OF MIA,W BEACH
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Technical Specifications
For The
PRESSURE CLEAN, PLASTERING, MAJOR STUCCO REPAIR AND PAINTING OF
FLEET MANAGEMENT BUILDINGS 1& 2
SPECIFICA nONS:
A. The work coreists of furnishing all labor and materials, machinery, tools, apparatus, means of
transportation, supplies, equipment, services and material necessary to pressure clean, plaster and
major stucco repair, apply caulking to frames, edges or where needed, sand and spot prime and
paint for the entire exterior and interior surfaces of the City of Miami Beach Fleet Management
Buildings 1 & 2 located on Terminal Island, 140 MacArthur Causeway. Wananty on the paint and
the workmanship for this work shall be not less than 5 years.
B. Scope of Work Includes: (but not limited to the following)
1. Pressure clean exterior using 3000 PSI combined with biowash to remove mold, mildew,
chalking and peeling paint
2. Patch surface cracks using tlexlok.
3. Plaster as required; PLASTER ALL AREAS WHERE NO PLASTER IS EVIDENT,
PLASTER AND FILL CRACKS PRIOR TO PRESSURE CLEANING
4. Apply caulking to frames, edges or where needed.
5. Sand and spot prime repaired areas.
6. Apply one (1) coat of sealer to exterior masonry surfaces.
7. Apply two (2) coats of latex to interior and exterior walls.
8. Apply two (2) coats to doors, metal windows, tlashing and gutters.
C. Paint & Material Includes:
1. Paint (Benjamin Moore or approved equivalent)
2. Primer (Base Coat).
3. Sealant, Caulk & Patching Compounds.
4. Cleaning Agents (Chlorine, Acids. etc.)
D. Labor Includes:
1. Pressure Washing, Cleaning and Acid Treatment
2. Scraping, Sanding & Wire Brushing.
3. Caulk and Sealant Application.
BID NO: 31-00101
DATE: 09/07101
C11Y OF MIAMI BEACH
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1.02 Other Terms and Conditions:
A. Cleanliness of Site
1. All work areas under the control of the contractor shall be kept free of waste material,
debris, empty paint cans and containers, and rubbish on a daily basis.
2. All debris removed from the job site by the contractor shall be properly disposed of and
in accordance with all federal, state, and local laws.
B. Protection of Building, Paved Areas, and Landscaping:
1. The contractor shall protect the surrounding work area from damage or disfiguration as
a result of his work.
2. The contractor shaI fi.nnish all drop cloths, shields, and other protective methods to prevent
spray and drippings from disfiguring other surfaces.
C. Environmental and Color Matching Requirements:
1. Do not apply material during inclement weather, when humidity is above 85% or when air
substrate surface temperature is below or above paint manufacturers recommendations.
2. Provide field sample illustrating coating color, color coverage, texture and finish. Sample
may remain as part of the work if the surface has been properly prepared.
3. Colors: Medium Grey Exterior wi Safety Blue Doors
4. Colors: Medium Grey to 7' line of wall and light grey (to be determined)
5. Office Interior color (to be determined.)
D. Inspection of Work Surfaces:
1. VeritY that surfaces have been properly cleaned and ready to receive paint as specified by
the paint manufacturer.
2. E".amine all smfaces prior to commencement of work and report any conditions to the City
of Miami Beach Property Management Department Contract Manager that are not
acceptable to receive paint or require work beyond the scope of this project.
3 . VeritY moisture content does not exceed manufacturer recommended "dry" condition.
4. Beginning of paint application means acceptance of the existing surface conditions by the
contractor.
E. Products:
1. Benjamin Moore or approved equivalent shall be used for this project.
2. An environmentally safe germicidal cleaning agent such as "Metaquat" or approved equal
shall be utilized in the pressure cleaning of the building.
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DATE: 08101101
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F. Pressure Cleaning Requirements:
I. Pressure clean exterior using 3,000 p.s.i. of water pressure. The pressure cleaner shall
have a chemical injection capability.
2. For light or moderate pressure cleaning required, a solution of one part household strength
chlorine and metaquat to two or three parts water shall be injected into the pressure
cleaning wash.
3. For heavy cleaning required, a solution of one part chlorine and metaquat to one part water
shall be used.
4. Wmk solution into cracks, joints, and other textured surfaces with a clean stiff-bristle scrub
brush.
5. All mildew, chalking and loose material shall be removed either by the pressure cleaning
or by hand if necessary.
6. Allow to dry and re-apply cleaning solution but do not rinse so that a sterile paint surface
is maintained.
G. Chalk, and Efflorescence:
I. VerifY powder residue on surface is either chalking due to weathering of alkalinity or
efflorescence. Localized powdery on cementitious surfaces usually indicates efflorescence
of high alkalinity. A few drops of muriatic acid applied to the powdery surface will react to
efflorescence by bubbling and will have no reaction to chalk.
2. After pressure washing, mildew treatment, and crack and joint repair, check several areas
of each surface for chalk and efflorescence.
3. Apply surface conditioner solution concentration and application method appropriate to
degree of chalk remaining with brush, roller, or pressure sprayer.
4. Allow to dry according to label directions before proceeding.
5. Recheck for chalk after surface conditioner is dry and recheck for chalk. The paint
contractor shall be responsible for ensuring all excess chalk has been removed from masonry
surfaces prior to paint or primer application.
6. Topcoat surface conditioner within seven days of surface conditioner.
H. Caulking and Sealing:
1.
2.
3.
Patch surface cracks using tlexlock.
For hairline cracks coat over d1.Bing nonnal priming and painting.
For cracks 1/16" to 1/8", rake over with knife and clean, seal with surface conditioner, and
fill with patching compound and blend with adjacent surface.
For cracks 1/8" to 1/4", cut a v-groove, rake over with knife and clean, seal with surface
conditioner and fit with backer rod if necessary.
4.
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DATE: 08101101
CrtY OF MIAMl BEACH
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I.
1.
2.
3.
4.
5.
Rust Stain Removal and Ferrous Metal Preparation:
Remove stains with a rust stain remover, rinse and allow to dry.
For embedded iron deposits, chip, drill or chisel out Treat stain with oxalic acid and seal with surfuce
conditioner. Fill with patching compound, blending with adjacent surfaces.
For rust stains from metal lathe or reinforcing steel, repair as appropriate for the condition.
Sand, scrape and/or wire brush rust or loose paint from metal surfaces.
Prime metal surfuces prior to painting using a zinc rich primer.
J. Stucco Repair
I. Sound out and remove loose stucco.
2. Major stucco repair of all exterior walls
3. Seal with surface conditioner ani re-stucco
4. Fill with elastomeric patching compound blending with adjacent surfaces.
5. Bridge 2" on both sides of area and center crowned area directly over crack to allow for thermal
movement
6. Match existing adjacent surfaces as close as possible.
K. Areas within the scope of work:
1. Exterior / Interior Painting
a. Interior and Exterior Walls - includes offices, warehouse area and interior including restrooms.
b. Rollup, metal and louver doors.
c. Gutter, metal windows, and flashing.
d. Includes stair areas to top corridor
2. Exclusions:
a. Top areas and last bay-Interior (Battery Storage Room)
L. Application:
1. Apply products in accordance with manufacturer's recommendations.
2. Do not apply paint products to surfaces that are not dry.
3. Apply each coat to dry before next coat is applied.
4. Allow applied coat to dry prior to applying next coat.
5. Apply exterior coatings using brush, roll, or spraying where applicable.
M. Cleaning:
1. As work proceeds, contractor shall promptly remove any paint or product where spilled, splattered,
or splashed.
2. During the progress of work, the contractor shall maintain the work site free of unnecessary
accumulation of tools, equipment, swplus materials, and debris.
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3. All flammable materials, including drop cloths, shall be collected on a daily basis and properly stored or
removed from the work site, The work site shall be left in a neat and tidy condition at the end of each
work day.
N. Quality Assurance and Control:
1. All bidding contractors shall have a minimum of five (5) years of documented commercial painting and
finishing experience and shall be experienced in the cleaning and painting of large, multi-story commercial
type buildings.
2. All bidding contractors shall provide a minimum of 5 references of commercial buildings that they have
painted.
6. The conttactor shall have available during the course of the work a quality assurance person that will
inspect the progress of work on a daily basis and ensure that the work is being properly completed in
accordance with the bid specifications and the manufacturers recommendations.
4. The conttactor shall have a supetVisor available for immediate consultation by the City of Miami Beach
Property Management Contract Manager during the course of the work and during working hours on
a daily basis. A pager or cell phone contact number of the supervisor shall be maintained by the
contractor during the course of the work..
O. Warranty:
1. The successful contractor and the paint manufacturer shall provide a minimum of a five (5) Year
Labor and Material Warranty to all painted masonry surfaces painted by the contractor. The
wammty shall cover paint blistering, peeling, loss of adhesion, or other defects in material or
workmanship.
P. Pre-Bid Conference:
a. Will be held at place and time detennined by the City.
b. Attendance:
1) Contractors
2) Owner.
c. Agenda:
1) Distribution of contract documents.
2) Review of specification.
3) Walkarmmd inspection of the Fleet Management Building and site.
Q. Pre-Construction Conference:
a. Will be scheduled by the City upon completion of the signed executed contract.
BID NO: 46-00101
DATE: 08101101
mY OF MlAMI BEACH
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Notice to Contractor and Special Requirements:
By executing the contract, the Contractor represents that he has visited the site, familiarized himself with
all conditions under which the work is to be performed, and correlated his observations with the
requirements of the contract.
The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing
on the conduct of the work specified. Pennits and licenses necessary for the execution of the work shall
be paid for by the Contractor.
BID NO: 46-00101
DATE: 08101101
COY OF MIAMI BEACH
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DATE: 08101101
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DATE: 08101101
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BID NO: 46-00101
DATE: 08101101
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DMSION 3. LOBBYISTS
Sec.2-481. Definitions.
The following words, tenDs and phrases, when used in this division, shall have the meanings ascnbed 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 functions or areas
of responsibility.
Commissioners means the mayor and members of the City commission.
Departmental personnel means the City manager, all assistant City managers, all deparlment heads, the City
attorney, chief deputy City attorney and all assistant City attorneys; however, all departtnental 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 nonnal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other
boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board,
special master hearings and administrative hearings shall not be included for purposes of this division.
(Ord. No, 92-2777, ~ 1,2,3-4-92; Ord. No. 92-2785, ~ 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every
person required to register shall register on forms prepared by the clerk, pay a registration fee as
specified in appendix A and state under oath:
(I) His name;
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DATE: 08101101
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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 infonnation 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 coqx)Jation, 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, including but not limited to a specific
description where applicable of a pending request for a proposal, invitation to bid, or public hearing
number. The City clerk shall reject any registration statement not providing a description of the
specific issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of
withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists
shall be required prior to October I of every even-numbered year; and the fee for biennial
registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the extent of
any business, financial, familial or professional relationship, or other relationship giving rise to an
appearance of an impropriety, with any current City commissioner or personnel who is sought to
be lobbied as identified on the lobbyist registration fonn filed.
(h) The registration fees required by subsections (a) and (t) of this section shall be deposited by the
clerk into a separate account and shall be expended only to cover the costs incurred in
administering the provisions of this division. There shall be no fee required for filing a notice of
withdrawal, and the City manager shall waive the registration fee upon a finding of financial
hardship, based upon a sworn statement of the applicant. Any person who only appears as a
representative of a nonprofit corporation or entity (such as a charitable organization, a
neighborhood or homeowner association, a local chamber of commerce or a trade association or
trade union), without special compensation or reimbursement for the appearance, whether direct,
indirect or contingent, to express support of or opposition to any item, shall not be required to
register with the clerk as required by this section. Copies of registration forms shall be fi.unished 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)
BID NO: 46-00101
DATE: 08101101
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Sec. 2-483. Excepdons to registradon.
(a) Any public officer, employee or appointee or any perron 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 adjusttnent, or other board or committee and has no other
communication with the personnel defined in section 2-481, for the purpose of self-representation
without compensation or reimbursement, whether direct, indirect or contingent, to express support
of or opposition to any item, shall not be required to register as a lobbyist, including but not limited
to those who are members of homeowner or neighborhood associations. All speakers shall,
however, sign up on forms available at the public hearing. Additionally, any person requested to
appear before any city personnel, board or commission, or any person compelled to answer for
or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an
administrative hearing shall not be required to register, nor shall any agent, attorney, officer or
employee of such person.
(Ord. No. 92-2777, ~~ 4,5,3-4-92; Ord. No. 92-2785, ~~ 4,5,6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of
the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall
maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any
personnel as defined in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath
listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed
even if there have been no expenditures during the reporting period.
(b) The city clerk 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 pennit themselves to be lobbied by
a person who is not registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to
be in violation of this division. The city attorney shall report the results of the investigation to the city
commission. Any alleged violator shall also receive the results of any investigation and shall have
the opportunity to rebut the findings, if necessary, and submit any written material in defense to the
city commission. The city commission may reprimand, censure, suspend or prohibit such person
from lobbying before the commission or any committee, board or personnel of the city.
(Ord. No. 92-2777, ~ 6,3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92)
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Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods, services, and construction projects other than audit
contracts.
(l) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential
vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff
including, but not limited to, the city manager and his or her staff; (b) any commwlication
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; (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, RFLI or bid between the
Mayor, City Commissioners or their respective staffs and <lIlY member of a city evaluation
and/or selection committee. Notwithstanding the foregoing, the cOlJe of silence sball not
apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the city office of community development, and communications with the
city attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the
cone of silence, the city manager or his or her designee shall provide for public
notice of the cone of silence. The city manager sball include in any public
solicitation for goods and services a statement disclosing the requirements of this
division.
b.
The cone of silence sball tenninate a) at the time the city manager makes his or her
written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid
to the city commission, and said RFP, RFQ, RFLI, or bid is awarded; provided,
however, that following the Manager making his or her written recummendation,
the cone of silence sball be lifted as relates to commwlications between the Mayor
and Members of the Commission and the City Manager; providing fwther if the
city commission refers the manager's recommendation back to the city manager or
staff for fwther 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)
Exceptions. The provisions of this ordinance shall not apply to: (a) OIal communications at
pre-hid conferences; (b) oral presentations before evaluation committees; (c) contract
discussions during any duly noticed public meeting; (d) public presentations made to the city
conunissioners 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 commission; or (f)
communications in writing at any time with any city employee, official or member of the city
commission. unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid
docwnents; 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 consideratinn at the next Commission meeting. The bidder, proposer,
vendor, setVice provider, lobbyist, or consultant shall file a copy of any written
communications with the city clerk. The city clerk shall make copies available to any person
upon request.
(b) Audit contracts.
(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 tenninate a) at the time the city manager makes his or her written
recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city
commission, and said RFP, RFQ, RFLI, or bid is awarded; provided, however, tbat
following the Manager making his or her written recommendation, the cone of silence shall
be lifted as relates to c-<lmmunications 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, 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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(c)
(3) Nothing contained herein shall prohibit any bidder, proposer, vendor, service provider,
lobbyist, or consultant (l) 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 stafffollowing the award of an RFP, RFQ, RFLI, or bid for audit by
the city connnission; or (iv) from communicating in writing with any city employee oc official
for purposes of seeking clarification or additional infonnation from the city or responding
to the city's request for clarification or additional infonnation, subject to the provisions of
the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer etc. shall file
a copy of any written communication with the city clerk. The city clerk shall make copies
available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, 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.
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 attorney's office and/or may file a complaint with the county ethics commission.
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(Ord. No. 99-3164,
1, 1-6-99)
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, SECTION 2. CODIFICATION.
.'
It is the intention of the Mayor and City Connnission of the City ofMiarni 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 illlCOnstitutiOnal, 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the
adoption.
day of
.2001, which is 10 days after
PASSED and ADOPTED this
day of
, 2001.
Mayor
ATfEST:
City Clerk
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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 DIVISION 5, ENTITLED
"DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF
CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY;
CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors
from City Work" reading as follows:
Division 5. Debannent of contractors from City work.
Section 2-397. Purpose of debarment.
(a) The City shall solicit offers from, award contracts to, and consent to subcontractors with
responsible contractors only: To effectuate this police, the debannent of contractors from City work
may be Wldertaken.
(b) The serious nature of debannent 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. Debannent 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 are 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 fiunily members; shared fucilities
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 finding of a civil offense by any comt of competent jurisdiction.
(c) Contractor means any individual or other legal entity that:
(I) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or
reasonably may be expected to submit offers or be 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 crimina1 offense. be it a felony or misdemeanor,
by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a
conviction entered upon a plea of nolo contendere.
(e) Debannent means action taken by the Debannent Committee to exclude a contractor (and. in
limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City
approved subcontracting for a reasonable, specified period as provided in subsection G) below: a
contractor so excluded is debarred.
(1) Debannent Committee means a group of seven (7) individual members, each appointed by the
Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debannent,
(g) Preponderance Greater weight of the evidence means proofby infonnation 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 infonnation or other filing by competent
authority charging a crimina1 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 crirninal
proceeding. The tenn includes appeals from such proceedings.
G) 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 procedures of this
ordinance.
Section 2-399. List of debarred contractors.
(a) The City's Procurement Office. is the agency charged with the implementation of this ordinance
shall:
(1) Compile and maintain a cwrent. 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 responsible
for its maintenance and distribution.
(b) The List sbaIl indicate:
(I) The names and addresses of all contractors debarred. in alphabetical order;
(2) The name of the department that recommends initiation of the debarment action;
(3) The cause for the debarment action, as is further described herein. or other statutory or
regulatory authority;
(4) The effect of the debarment action;
(5) The tennination 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 contact in the department recommending
the debarment action.
(c) The City's Procurement Office shall:
(I) 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 5/7ths vote of the City Commission at a
regularly scheduled City Commission meeting. Debarred contractors are also excluded from
conducting business with the City as agents, representatives, subcontractors or partners of other
contractors.
(b) Debarred contractors are excluded from acting as individual sureties.
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Section 2-401. Continuation of current contracts.
(a) 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 inCOIpOrate this ordinance and specifY that debarment may
constitute groWlds for tennination of the contract as well as disqualification from consideration on
any RFP, RFO. RFLI. or bid.
(b) The debannent shall take effect in accordance with the notice provided by the City Manager
pursuant to subsection 2-405(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred, the debarment period may
commence upon the conclusion of the contract. subject to approval of same be 517ths vote of the
Mayor and City Commission at a regularly scheduled meeting.
(c) City departments may not renew or otherwise extend the duration of cuneot 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 517ths vote
of the Mayor and City Commission at a regularly scheduled meeting.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing contract
where the work is divided into separate discrete groups and the City's refusal or denial of further
work Wlder the contract will not result in a breach of such contract.
Section 2-402. Restrictions on subcontracting.
(a) When a debarred contractor is proposed as a subcontractor for any subcontract subject to City
approval, the department shall not consent to subcontracts with such contractors unless the City
Manager determines that an emergency exists justifying such consent and the Mayor and City
Commission approves such decision by 5/7ths 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 2-403. 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 debannent
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
debannent decision.
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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 organizational elements of the
debarred contractor, unless the debarred decision is limited by its terms to specific divisions,
organi23tional elements or commodities. The Debarment Committee'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 Debannent Committee shall debar a contractor for a conviction or civil judgment,
(1) For commission of a fraud or a criminal offense in connection with 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 detennines 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;
(I) Violation of the tenns of a City contract or subcontract or a contract or subcontract funded
in whole or in part by City funds such as failure to perform in accordance with the tenns
of one (I) or more contracts as certified by the City department administering the contract;
or the failure to perform or WlSlltisfuctori1y petform in accordance with the tenns 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 dcbannent as a potential
penalty;
(3) Any other cause which affects the responsibility of a City contractor or subcontractor in
petforming 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 ofa 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 Commission shaU transmit the request to a person
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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
grol.Uu!s for debarment as set forth 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 evid~ce and argument to the Debarment Committee
(c) Notice of proposal to debar. Within ten working days of the Debarment Committee having
received the request for debarment and written report, the City's Procurement Office, on 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 infonnation:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in tenns 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 Debarment 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) working days, prior to the scheduled hearing date, the contractor must
furnish 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) working days prior to
the hearing or fails to seek an extension of time within which to do so, the contractor sha11 have
waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant
or deny an extension of time, and for good cause, may set 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 the hearing but sha11 not form the sole basis for initiating
a debarment procedme nor the sole basis of any determination of debarment The hearing sha1l 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 sha11 be furnished at the expense
and request of the requesting party.
(f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there
is no genuine dispute over material facts, tlJ.e Debarment Committee sha11 make a decision on the
basis of all the 1.U1disputed material information in the administrative record, including any
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Wldisputed, 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) working days after conclusion of the hearing, unless the
Debannent Committee extends this period for good cause.
(g) The Committee's decision shall be in writing and shill include the Committee's factual 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
debannent imposed.
(11) 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, retwn receipt
reque:.1ed, or hand deliveJY, within ten (10) working 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
affiliates involved ,by certified mail. return receipt requested. or personal service, within ten
(10) working days of the decision.
(i) All decisions of the Debarment Committee shall be final and shaI1 be effective on the date the notice
is signed by the City Manager. Decisions of the Debannent Committee are subject to review by
the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the
debannent 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.
Debannent shall be for a pcriod 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 debannent shall apply except where mitigating or
aggravating circmnstances 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(aX54): two (2) to five (5)
years.
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(5) For commission of an offense as described in subsections 2404(bXI) 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:
(I) 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 Debannent 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. CODIFICA nON.
It is the intention of the Mayor and City Connnission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shal1 become and be made a part of the Code of the City ofMiarni
Beach, Florida. The sections of this ordinance may be renwnbered relettered to accomplish such intention,
and the word "ordinance" may be changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordiru:nces or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION S. EFFECfIVE DATE.
This Ordinance shal1 take effect on the 3rd day of Marcb,2000.
PASSED and ADOPTED this 23rd day of Februarv. 2000.
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Sec. 38-6.
PRomBITED CAMPAIGN CONTRIBUTIONS BY VENDORS.
(a) General.
(1) No person who is a vendor to the city shall 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 commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or
commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to
the city, or through a member of the person's immediate family, or through a political action
committee, or through any other person on behalf of the person. This prohibition applies to natural
persons and to persons who hold a controlling financial interest in business entities.
(2) A fine ofup to $500.00 shall be imposed on every person who violates this prohibition. Each
act of solicitation, giving or receiving a contribution in violation of this paragraph shall constitute a
separate violation. All 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 person's immediate family, or through a
political action committee, or through any other person makes a connibution 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 "contnbution" is:
1 A gift, subscription, conveyance, deposit, loan, payment, or distribution of money or anything of
value, including connibutions in kind having an attributable monetary 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: 46-00101
DATE: 08101101
CfIY OF MIAMI BEACH
76
.
4.The transfer of ftmds by a campaign treasurer or deputy campaign treasurer between a primary
depository and a separate interest-bearing account or certificate of deposit, and the tenn includes
any interest earned on such account or certificate.
(b) Conditions for waiver of 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-al1 sealed competitive proposal has been submitted and the city officiaIldone has in
no way participated in the detennination of the bid specifications or bid award;
(2) The property or services to be involved in the proposed transaction are unique and the 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 corrnnission. Any grant of waiver
by the city commission must be supported with a full disclosure of the subject campaign contnbution
(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: 46-00/01
DATE: 08101101
CITY OF MIAMI BEACH
77
},