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Steel Operable Air Walls " . , . ~ INVITATION TO BID STEEL OPERABLE ("AIR '~ WALLS RETROFIT AND REPAIR BID No. 29-00/01 BID OPENING: MAY 18, 2001 AT 3:00 PM A PRE-BID CONFERENCE IS SCHEDULED FOR 11:00 A.M. ON MAY 1, 2001 AT THE FOLLOWING ADDRESS: MIAMI BEACH CONVENTION CENTER FOURm FLOOR EXECUTIVE OFFICE 1901 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY CLERK l C'J-A Iz../IQ/O/ %f> ~ITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FlORIDA 33139 http:\\cI.mlaml-beach.ll.ua PROCUREMENT DIVISION CITY OF MIAMI BEACH INVITATION TO BID NO. 29-00101 NOTICE TO CONTRAcroRS Sealed bids will be received by 1he City of Miami Beach Procurement Director, 3Id Floor, 1700 Convention Center Drive, Miami Beach. Florida 33139, until 3:00p.m. on the lSthday of May, 2001 for: STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR FOR THE MIAMI BEACH CONVENTION CENTER Scope of Work: The work specified in this bid consists offumishing all1abor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the refurbishment of the existing walls which sub-divide 1he halls and meeting rooms, track and steel trolley replacement (where required) and adjustment for the Miami Beach Convention Center. Additionally, included in this bid (as a separate item contractor will provide preventive maintenance and pafonn the work on a semi annual basis for a period of five (5) years upon completion of the repair work. The scope of the preventive maintenance agreement includes a service program limited to inspection, lubrication adjustments and standard maintenance. (please see Addendwn 2, ATIACHMENT ill for ftnther scope of work) 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 responstbility for submitting a bidlproposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference/Site Inspection has been scheduled for 11:00 a.m on May 1, 2001, at the Miami Beach Convention Center, 4th Floor Executive Office, located at 1901 Convention Center Drive, Miami Beach. FL 33139. A Bid Bond oftive (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 (lOOOIo) percent of the annual contract amount. Package request fonns are available by caIIiDg City of Miami Beach Procurement Divisioo's DemandStar.com system at (407) 975-3227 and requesting Docwnent #293. Any questions or clarifications concerning this Invitatioo 10 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 titlelnumber shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR A.FrER SAID DEADLINE. The City of Miami Beach reserves the right to accept any t>JOpOSai or bid deemed to be in the best interest of the City of Miami Beach, or waive any infurmality in any proposal or bid The City of Miami Beach may reject any and all proposals or bids. I ATTACHMENT VI (Amended) ( , I . ..- CI1Y OF MIAMI BEACH YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECf TO THE "CONE OF SILENCE, " IN ACCORDANCE WITH ORDINANCE 99-3164. A COPY OF AU.. WRlTI'EN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CI1Y CLERK. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECf TO THE "CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. ~:c (- {/ Gus Lopez, CPPO Procurement Director I i I \ , 1 , ,~ CITY OF MIAMI BEACH # arfloW.L 1700 CONVENTION ceNTER DRIVE MIAMI BElCH. Fl.ORII>>.a31. _.cI~ f)" COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission &}A December 11, 2001 From: Jorge M. Gonzalez a:- ~ City Manager yv- 0 REQUEST FOR PROVAL TO AWARD A CONTRACT TO FLORIDA MODERNFOLD, INC. IN THE AMOUNT OF $234,000, PURSUANT TO INVITATION TO BID NO. 29.00/01, FOR THE STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR. Subject: ADMINISTRATION RECOMMENDATION Approve the Award. 1m.AM0UNT AND FVNDING $234,000 Funding is available from the Convention Center Capital Account No. 441.2235.069358. ~ Funds in the amount of $302,500 were originally appropriated in FY 1998/1999. Perthe City Commission request for balance updates to be presented with Convention Center capital project requests, current preliminary figures through December 6, 2001 show $17,233,877.87 disbursed, with an additional $2.372,825 encumbered for projects in progress. ~ Invitation to Bid No. 29-00/01 was Issued on April 9, 2001, with an opening date of June 11, 2001. A non-mandatory pre-bicl conference was held on May 1, 2001. As a result of questions received from prospective bidders, Jour (4) Addenda were issued. DemandStar.com issued bid notices to -seven prospective bidders, resulting in seven (7) vendors requesting bid packages, which resulted in the receipt of one (1) responsive bid, from Florida Modemfold, Inc. l FUNDI A ('ii";- 1 ,- . Bid No. ~/O1 p.... Two December 19, 2001 MAL V8" {Contl The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the refurbishment of the existing walls which sub-divide the halls and meeting rooms, track and steel trolley replacement (where required) and adjustment for the Miami Beach Convention Center. The contractor will be completed with the work within one-hundred..eighty (180) calendar days after the issuance of the notice to proceed. The contractor will provide Performance and Payment Bonds each in the amount of one-hundred (100%) percent of the contract price. Additionally, included in this bid, as a separate item, contractor will provide preventive maintenance and perfonn the work on an annual basis for a period of five (5) years upon completion of the repair work. The scope of the preventive maintenance agreement includes a service program limited to inspection, lubrication adjustments and standard maintenance. (The cost for this will be $16,000 per year) The Spectacor Management Group (SMG) requested that their Consultant (Thompson, Ventulett, Stainback & Associates, Inc) for this Project. submit their expert opinion regarding the receipt of the one bid. (See Attached letter dated October 3, 20011 They have stated that because Florida Modemfold was the original supplier of these walls, their competitors most likely would have had to procure the replacement parts from them. Hufcor and Horgan's Partition Service, who are in this business, confinned this to be the case. The Consultant agrees that the bid price of $234,000 is a fair and reasonable price, however because of a 2.5% price escalation for material shipping that becomes effective January 1, 2002, the contractor can only hold this price until December 31,2001. Based on this analysis, the City recommends that the contract be awarded to the lowest responsive, responsible and only bidder, Florida Modemfold, Inc. J ~ _ - F~~N\COMMI29-OOO1F.doc " '~ Lyndon Property Insurance Company st. Louis. Missowi BID OR PROPOSAL BOND KNOW All MEN BY THESE PRESENTS, That we, fIorida Modemfold, Inc., thereinafter called the Principal) as Principal, and l YNDON PROPERTY INSURANCE COMPANY, a corporation organized under the laws of the STATE OF MISSOURI, with its principal office in ST. lOUIS, MISSOURI thereinafter called the Surety) and licensed to do business in the State of Florida as Surety, are held and firmly bound unto City of Miami Beach, Florida (hereinafter called Obligee) in the penal sum of Five Percent of Total Bid Amount Dollars ($5% ~ lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated May 18, 2001 , for Steel operable "air" walls retrofit for Miami Beach Convention Center . NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the lime specified; or if no time is specified within thirty days after the date of said award: or if the Princi;>al shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void, otherwise to remain in full force and virtue. Signed and sealed this 14th day of May A.D. 2001 . In the presence of: ~. to. . d..( ) Florida Modemfold, Inc. BY: ~.(/ L. President Wtt:..t" > {} ,/~ dt:/ WITNESS Title LY~ON P OP RTY IN~~NY )SsIl BY:~ _:4.~~ De ra Robertson Attorney-In-Fact ) LYNDON PRo8aiY INS~COMPANY S20 MAllYVILI.t CF.N1'1lE DIUVE. SUITE 500 ST. LOUIS, MISSOURI 63141-5814 POWEll OF A1TORNEY KNOWN ALL MF.N BY llfESE PRESDITS.1hIl LYNDON PROPEATY INSURANCE COMPANY. a M~ Carpontion. baviJI& its JlriKi.. oIIicc ill Sl Louis. Missouri puBuant to lIlc followin&JeSOIuticn. adopted by Ihe Boerd oCDirectors ofdlc Corpontion 0Il1lle 21 · day OfJlIluary, 1983. RESOLVED, Pursuant 10 Seclion 3.1 aDd 4.12 ofllle By""aws, Ihe IbIIowin& RaIes shllllIJWIIldle execution oCdIe Corporation ofbonds, llIICIcnakings, recopizances. contnlClS IIld cchcr writinp in die IllIlure dlcreoC: (I) That Ihe l'1esidenlar Ill)' Vice PrcsicIcnl ar AssisuDt Vice 1'Icsidcnt, Ihe ~ ar Assistant~, die Treasun:r ar Assistant TlaS1Da'ar Ill)' Attorney-in-Fact may execulle far IIld in behalf of Ihe Corpcnlion illY IIld all bcDIs, UIlCIcrtakinp. rec:osnizlllccs, contnlClS IIld odIcr writinp in lIlc _ thereof, the _10 be IllCSled wllcn neccssaIY by the Sccra.y or Assistance Scaelary. IlId die seal of the Corporation IIfIixccI thereto; IIId that die l'Icsidenl, illY Vicc Plesident ar IIle SccrelaI)' or Assislallt 5ccRtIry may IIppCli.-IlId autIIoril!Je AtIomcys-in-Fact to cxeculle ar to the execution of all sucb writings on behalfoflllc Corponlion and to affix the seal oflllc Corporation thereto. The Secretary or Assistant Secretary may not both execute and_ the same bonds. undertakings, rec:osnizanus. contracts and other writings oflhe COIpOI'Ilion. (2) Any such writing executed in ICCOI'cIance with these Rules shall be IS binding upon lIlc Corporation in an). case as though signed by the President and attested by the Secretary, (3) The signature of lIlc Plesident, or lilY Vice Plesident or Assistalll Vice l'Icsidall, IIIe Secretary ar Assistant ~, or the Tmswer or Assistanl T.-er and lIlc seal of the Corporation may be affixed by facsimile on any ~ of-.ey granted pursuant to this Resolution, and the certificate bearing such facsimile signature IlId seal shall be valid IIld binding on the CorporatiOCl. (4) Such Attorneys-in-Fact shall have IIIlhority to certilY or verilY copies of this Resolution, the By-laws oCthe Corporation, and any affidavit of record ofllle Corporation nccessar) to the discharge of their duties. This Power of Attorney is signed and sca!ed in facsimile under and by the autIIority of the Ibove Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: A.T. AbeL Debonb Robertsoa its true and lawful Attomey(s)-in-Fact with full power and authority hereby confened in its 1\IIlIe. place and stead to sign. execute. acknowledge and deliver in its bchaJf, and as its act and deed, without power of redelegation as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust, guaranteeing the perfonnance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or pennitted in all actions or proceedings Of by law allowed, provided the amount of no one bond exceeds TW9 Million Fin Huadred Thousand and OOflOO Do/Ian IS2.sGO.OOO.OO1: and to bind LYNDON PROPERTY INSURANCE COMPANY thertb~ as fully and to the same extent as ifsuch bond or undenalung was signed by the duly authoriml officers ofL YNDON PROPERTY INSURANCE COMPANY, and all the acts of saId Attorr.ey(s)-in-Fact pUISuantlO the authority herein given are hereby ratified and confinned. In Witness Whereof, L YNOON PROPERTY INSURANCE COMPANY of St Louis. Missouri, has caused this Power of Attorney to be signed by its President and its Corporate seal 10 be affixed this ~ day of...Mm!L 19.22.. State of Missouri Count) ofSt Louis ss: LYNDON PROPERTY INSURANCE COMPANY BY: ~ eP 2J. ca 12--~. R LAND G. ANDERSON, President J On this the~ day of...MII:sIL 19,j2" befOre the subscriber, a NcUy Publie of the Slate of Missouri in and fur the County olSt Louis. cIuIy COIMIissioncd IlId qualifted. ca.'tIe ROLAND G. ANDERSON of Lyndon Property InsIU'lllCC Company to me penDllaIly known 10 be the individual and officer clescribed herein. and who executed the prccedins insbumenl, and ItCknowledged the execution of the same. and being by me duly sworn, drposed and said, that be is lIlc officer of the Company aforesaid. IIld that the seal fixed lO lIlc pcccediog insUwnent is the Corporate Seal of lIlc CompIIly, and lIlc Corporate Seal and signatme IS an oftic:er were duly affixed IlId subscribed to the said illSll'Ull'\ent by the IIllIIority and direction of the Corporation, and that the resolution of the Company, refened to in the preceding instrument. "T~_'_:,~ji:_~_~'~_~~+ My evnl,!Ialan EJIiW 01""" I. Rich.d C, Hacken, Seaelaty olthe Lyndon Property Insunnce CompanY. do hereby ccrtilY that the foregoing is a true and accurate copy of a Po_ of Anorney, executed by said Lyndon Property Insurance Company which is still in full foree and effect In Wi1ness Whaeo( I have hcmnIer set my hand and aftixe:d the seal ol said CoopOoaliOll al St Louis, MissI:u\ this .1Jtbday of ~ LYNDON PROPERTY INSURANCE COMPANY ~(-7/ ~; S~ . 20 01..-- State of Missouri Count). ofSt Louis ss: \, I. CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beaeh.ft.us ~ PROCUREMENT DMSlON Talaphone (305) 873-7490 Faeslmi" (305) 673-7851 INVITATION TO BID NO. 29-00/01 ADDENDUM NO.4 June 1, 2001 STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR 5 amended as follows: I. Change: "Specifications EAST WRAP, Paragraph "ALTERNATE I" (Amended) On the first section convert the second level northeast and southeast corner, east wrap ballrooms to new 500 switch and curve. Convert # 500 right angle system with new 6 wheel steel trolley. Replace aU track sections, stacking track and trolleys. Modification to include six (6) new additional panels and electrical switches. Electrical wiring and installation will be the responsibility ofthe contractor. n. Replace: Proposal Page 2 of 5 with Amended page (Attachment VllI) Attachments: . A IT ACHMENT vn - Specifications East Wrap, Alternate I (Amended) . A IT ACHMENT VllI - Proposal page 2 of 5 (Amended) Bidders are required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH ~;;~ ~. ,;/--- ( "'......... L Gus Lopez, CPPO Procurement Director je MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: RETROFIT AND REPAIR OF MODERFOLD STEEL OPERABLE WALLS INCLUDING A FIVE (5) YEAR MAINTENANCE CONTRACT. Location East Wrap, A, B, C & D Exhibition Halls and West Wrap. Soecifications East Wrap: ALTERNATE L On the first section convert the second level northeast and southeast comer, east wrap ballrooms to new 500 switch and curve. Convert # 500 right angle system with new 6 wheel steel trolley. Replace all track sections, stacking track and trolleys. Modification to include six (6) new additional panels and electrical switches. Electrical wiring and installation will be the responsibility of the contractor. All 1 & 2 level east wrap meeting rooms air wall tracks are to be thoroughly cleaned and lubricated. All trolleys are to be plumbed and drop seals adjusted. A, B, C & D Exhibition HaUs Steel Operable Walls (taU walls): Replace all steel trolleys with new #14 precision ground bearings. Thoroughly clean and lubricate all tracks. Replace all white soffit trim. Inspect and repair expandable panel mechanisms. A, B, C & D Exhibition Halls (crossover): All trolleys are to be plumbed and drop seals adjusted. Adjust and level all panels. Replace all white soffit trim. Clean and lubricate entire track thoroughly. West Wrap C & D 1 Level Ballrooms: Replace all steel trolleys with new #14 precision ground bearings. Thoroughly clean and lubricate all tracks. Clean and lubricate entire track thoroughly. All trolleys are to be plumbed and drop seals adjusted. Plumb and level all panels. Replace all white soffit trim. West Wrap C & D 2 Level Meeting Rooms: All west wrap meeting rooms are to have tracks cleaned and properly lubricated. All trolleys are to be plumbed and drop seals adjusted. ATIACHMENT vn CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 htlp:\\ci.miaml-beach.lI.us ~ PROCUREMENT DMSION Telephone (305) 673-7490 Facsimile (305) 1173-7851 INVITATION TO BID NO. 29-00/01 ADDENDUM NO.3 May 30, 2001 STEEL OPERABLE (" AIR") WALLS RETROFIT AND REPAIR is amended as follows: I. The Bid Opening date is changed from June 1, 2001 to June 11,2001 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 /'7 ~ L ~./ -".,- /~ , ~. /_- , {..-,..- I, Gus Lopez, CPPO Procurement Director Je CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 http:\\ci.mlami-be8ch.lI.ua ~ PROCUREMENT DMSION Telephone (305) 873-7490 Facaimlle (305) 873-7851 INVITATION TO BID NO. 29-00/01 ADDENDUM NO.2 May 22, 2001 STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR i; amended as follows: I. The following are answers to questions from prospective bidders. 1) Define "convert"...east wrap ballrooms to new 500 switch and curve? See project specifications: . This clearly states convert to a switch and curve system with a 6-wheel steel trolley assembly. . Basis of design is Modemfold #500 right angle conversion to switch and curve system. Including trolley, stacking track & track intersection replacement with materials equal to or better than existing Modemfold system. 2) Is there a print showing the (6) panels needing to be replaced and the intersections requiring new electrical switches to be installed? . No print is available. It is the responsibility of the contractor to supply necessary panels and switches to maintain integrity and operation of existing system modification. 3) The modified plan was not a part of the bid package. When will it be available? . Contractor is responsible for site visit to determine layout requirements as reviewed at Pre Bid Conference. (See A TI ACHMENT V) 4) Define "and drop seal adjusted?" Are all of the drop seals to be operational as a part of the retrofit? . All drop seals are to be adjusted, repaired or replaced. S) The '~ttached sheet for locations and auantities of airwaDs" was not a part of the bid package. When will it be available? . Please see ATIACHMENT V. 6) Can you provide a full size print? . Please see A TI ACHMENT V - 3 drawings of the floor plans for the Miami Beach Convention center. II. The foUowing are responses to comments and solntions proposed by prospective bidden. . Basis of design is conversion ofModemfold system. Proposed substitutions must be equal to or better than conversion system. . Contractor must comply with project specifications. . Project specifications and scope of work are per the needs and requirements of The Miami Beach Convention Center and The City of Miami Beach. . Time has been allotted all vendors to sufficiently visit site to inspect and survey project requirements. . Plans showing site specifications are attached to this addendum, quantities of airwaI1 and locations where previously provided at pre-bid conference. . Contractor is respoDSlble for site visit to detennine layout requirements as reviewed at pre-bid conference. m. Amended; Bid document page 2, paragraph 2, Scope of Work, RE: Maintenance Service Agreement Attachments: Please find attached to this Addendum 2 the foUowing documents: . ATTACHMENT I - Bid Specifications . AITACHMENT II - Feasibility Study for Operable Partitions (Airwalls) . AITACHMENT m - Maintenance Agreement . A TT ACHMENT IV - Bid Proposal Page 5 (Amended) . A ITACHMENT V - Floor plans (1st, 2nd & 3rd floors) . ATTACHMENT VI - Bid Proposal Page 2 (Amended) Proposers are required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH /:~ (~ t...#' Gus Lopez, CPPO Procurement Director Je MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: RETROFIT AND REPAIR OF MODERFOLD STEEL OPERABLE WALLS INCLUDING A FIVE (5) YEAR MAINTENANCE CONTRACT. Location East Wrap, A. B, C & D Exhibition Ha1Is and West Wrap. Specifications East Wrap: Convert the first and second level northeast and southeast comer, east wrap ballrooms to new 500 switch and curve. Convert # 500 right angle system with new 6 wheel steel trolley. Replace all track intersections, stacking track and trolleys. Modification to include six (6) new additional panels and electrical switches. Electrical wiring and installation will be the responsibility of the contractor. Replace all steel trolleys with new #14 precision ground bearings. Thoroughly clean and lubricate all tracks. (see m;,djfied plan) All 1 & 2 level east wrap meeting rooms air wall tracks are to be thoroughly cleaned and lubricated. All trolleys are to be plumbed and drop seals adjusted. A, B, C & D Exhibition HaUs Steel Operable Walls (taIl walls): Replace all steel trolleys with new #14 precision ground bearings. Thoroughly clean and lubricate all tracks. Replace all white soffit trim. Inspect and repair expandable panel mechanisms. A, B, C & D Exhibition Halls (crossover): All trolleys are to be plumbed and drop seals adjusted. Adjust and level all panels. Replace all white soffit trim. Clean and lubricate entire track thoroughly. West Wrap C & D 1 Level Ballrooms: Replace all steel trolleys with new #14 precision ground bearings. Thoroughly clean and lubricate all tracks. Clean and lubricate entire track thoroughly. All trolleys are to be plumbed and drop seals adjusted. Plumb and level all panels. Replace all white soffit trim. West Wrap C & D 2 Level Meeting Rooms: All west wrap meeting rooms are to have tracks cleaned and properly lubricated. All trolleys are to be plumbed and drop seals adjusted. ATTACHMENT I PlEASE SEEATTAr.HF.D SHEET FOR LOCATIONS ANDOUANTIESOF AIR WAf.f ~ Au;() ATTACHED IS A FIVE (5\ YEAR MAlNTENACE CONTRACT FOR YOUR REVIEW AND PRICE OUOTATlON. ATTACHMENT I MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: FEASmILITY STUDY FOR OPERABLE PARTITIONS (AIRW ALLS) TECHNICAL SPECIFICATIONS This section sball include 1he physical inspection of all operable partitions, suspension systems, closure devices, and pocket doors as detailed n 1he specifications herein. Provide all labor, materials, tools, equipment, and services lUlless othetwise noted to complete the operable waIl and suspension system study. RELATED WORK BY OTHERS A) B) Access to all operable waIls to be provided by owner. Lift and operator to be provided by owner. SUBMITTALS A) A detailed inspection report is to be submitted within two weeks of survey completion. The report is to provide 1he following: 1. Survey forms of each operable partition inspected. 2. Recommendations based upon the inspection findings. 3. Options available to 1he owner with the associated costs for each. QUALITY ASSURANCE A) Upon compliance with all of the criteria specified in this section, Company's wishing to bid on this project must be an approved operable partition UJiup8Ily with a minimum five years of experience servicing and repairing operable partitions. ATTACHMENT n PLEASE SEE ATTACHED SHEET FOR LOCATIONS AND QUANTIES MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: FEASmILITY STUDY FOR OPERABLE PARTITIONS (AlRW ALLS) AIr W.lh LOCATION Qty LOCATION Qty A First Floor A Second Floor A 101-AI05 53 A 201-A 205 85 A I06-A 107 10 A 208-A 209 12 A 108-A 109 10 A 110-A 111 10 B First Floor B Second Floor B I 12-B 113 10 B 21O-B 211 12 Bl14- B115 10 B 212- B213 12 B 116- B117 10 B 214- B 218 80 B 118- BI22 56 C First Floor C Second Floor C 123- CI26 70 C 220-C221-C222 16 C 223- C224 11 C 225- C226 9 C 227- C228 9 D First Floor D Second Floor D 100 109 D 229- D230 9 D 231- D 232 9 D 233- D234 11 D 235- D236 11 D 237- D238- D239 16 D 240- D 241 11 A-B 36 B-C 81 CoD 42 A-D 82 TOTAL 902 A'ITACHMENT II MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: STEEL OPERABLE WALLS REPAIR MAINTENANCE! SERVICE AGREEMENT Included in base bid (on separate item) contractor will perfOIDl on a preventive maintenance and service program on a semi annual basis for a period of five (5) years upon completion of repair work. The preventive maintenance and service program limited to inspection, lubrication ~ and standard maintenance. This is designed specifically to prevent abnonnal wear and tear and prolong the useful life expectancy of the units. Extra repair work of parts and materials if needed are ~ included. After each maintenance call, a report and checklist shall be fiunished to report the facility conditions for: A Nonnal wear and tear B. Vandalism C. Negligent D. Misuse or abuse Items checked are to be inspected and serviced as warranted during each schedule maintenance call. Tmcksystem Trolleys Jams Soffit Switches Hinges Astraga1s Bottom seals Expandable mechanisms Panel Hardware Pocket areas Pocket doors Other Joint aligmnentlwear Plumbing Alignment Damage/missing Aligmnent wear Secure Engagement Operation Operation General condition Wear/secure General conditions Operations A.__11 'NVli_ ATI'ACHMENT m I I I . I I I ! llElOlIaalMJ'l ! I !:Ii I I ! I ITJ"r.Tili ir-;:r-J m 1 ! &1 H-Hfttlli Ht~=ili1/~ ~ II llittHtH HttH-HtH-HtJ' H-HHtHttHtH HttHtHtH z I:; H-HttttH H-HHtH-HfH-J'tHttHtHtHtH HtHttHtH ; : '; llittHtH HttH-HtH-HtJ' H-HHtHttHtH HttHtHtH ~ 1= llittHtH HttH-HtH-HtJ' H-HHtHttHtH HttHtHtH ~ llittHtH HttH-HtH-HtJ'1#H+l-H-tttl+H H-t+Hf+B+J H-HttttH H-HHtH-HfH-J'tHttHtHtHtH HtHttHtH ': llittHtH HttH-HtH-HtJ'.HttHtH-HttH-1 HttHtHtH I ,i ' .::: l! llittHtH HttH-HtH-HtJ' H-HHtHttHtH HttHtHtH I . ~ ',:' llittHtH HttH-HtH-HtJ.'H-ttttttttHttH HttHtHtH . , . H-HttttH H-HHtH-HfH-J'tHttttHtttttt1 HttHtHtH ' I. .;' llittHtH HtHttHttH . 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I on~ OOIJ :::II@ I -- II!!, ,j I ;111!iill !lllIH!nn~! - o .... >< o .... 0\ '" '" '" ~ H P:: o P:: fil [-l Z fil U Z o H ~ ~ o u ... &'. . =- ;;.:- Eo< Z f;I;l ~ ~ e <( p:: Pi! ffi () ~ p:: H g ~ ~ ~ Q o Z () 8 ::I: Pi! () (J) ~ !Xl H ~ H ~ .. t. .~a~ · Il] ~T5il LL " .'_ - 1m ..rij I . .ftn \... 5 ,I i II. i ...J -I l,:-::-,5i I .I~ 'f I . ~ i! I, . ~ ~ 1 . 0 I _ J' i . I ~: ~!] f < ..J!, ~ .IID !i ~t. ~ : ~~~ :.Y/ I, [( ~ =: I . ! I ~ Ii oil . I' '~Ur'~ ~ -' I I ~ ILl f'; 0<11 ~..:l tl~ s: '" ~ ~~ s: '" -' . ~ j . 'e11 r 'f -;;;;"' L ~ "": -ua ,.L- : Ill. ~.1 ~ 1 I ~~:.' .-,-1 ~ 11 I . 1 ~ ~ _: ttil . , ~ ~!! iU ~ .II ~~~~ La. ff -e.W' II H ~ I- , H ~u :~ ~ lli '" II f'; ~~ tl~ s: '" I 10-, ;~U fl r-, I I L ~ _L-II . I . i it! l!.l.::11 ~T' ~ " . i1 -~ !l ilo. ":::::::1 T q ~ - ., 5 · o. ~ !l I 0 . W"~ ~ u 5 i= I A 5 ~! u r .~~~I,.l:J 1,' -5 ,," .., ~ u " li ~ a] 0 a ~ s ~ l' a o ~I I b S II a :3 ~ o :ill .~\ ~ .II ~I / ~! atJ S ,~.' :1:, I'; , lil...,~ III .lA.c: i~ d e~ f'\.S li! I r I I Iii. I ..J. . !. I . . 1 . . L . I ~I ~~~ ~~. ... r. to -;: ... Z r.l :l'! = u ~ --' < N+S r ATTACHMENT V, Page 3 MIAMI BEACH CONVENTION CENTER THIRD FLOOR OPEN AllOV! EXHIBIT !!ALL 0'''' ABOYB !lIIIB!T lIALL B -===- OPEX A9OV! !:lOIIBIT !!ALL C 0'''' AllOV! EXHIBIT HALL D ZIIlP;..:xa . Miami Beach Convention CenlIer CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 hltp:\\cl.miami-beach.ft.us ~ PROCUREMENTDnnSON Te.ephone (305) 673-7490 Facsimile (305) 673-7651 INVITATION TO BID NO. 29-00/01 ADDENDUM NO.1 May 14, 2001 STEEL OPERABLE (" AIR") WALLS RETROFIT AND REPAIR is amended as follows: I. The Bid Opening date is changed from May 18,2001 to June I, 2001 at 3:00 P.M. D. Subsequent Addendum #2 will include Questions and Answers from prospective bidders. 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 /"'" ? /~~ I ,/- ~.- I. Gus Lopez, CPPO Procurement Director Je BID No. 29-GOIOl BID PROPOSAL FOR STEEL OPERABLE ("AIR'') WALLS RETROFIT AND REPAIR FOR MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE 1 OF 5 PROPOSAL OF FLORIDA MODERNFOLD,INC. (Name) 10116 NW 53rd Street. Sunrise. FL 33351 (Address) (FOR) CoosIructing the improvements ~~ and described in the ~ Notice to CooIractors, and which said Improvements are designated as the MIAMI BEACH CONVENTION CENTER WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION and more pmtiaJIarly set forth herein. SUBMITTED 06-08 20....Q,L TO MAYOR AND CITY COMMISSION OF MIAMI BEACH. FLORIDA: We the undersigned, hereby declare that no person or persons, fum or corporation other than the uOOersigned, are interested in Ibis Proposal. as principals, and that Ibis Propa;al is made wi1hout ooUusion with any persoo, fum or OOIp01iltion, and we have carefully am to (U full satismcti<n examined the attached Notice to Contractors, Geueral Provisions, Specificatioos for Materials and Coostruction Methods, Supp~tmy Conditions, and form of Contract and Bond, together with the ~ying Plans, and that we have made a full examination of the location of the proposed Wak and the swn::es of SlJAlIy IDi maIieriaIs, am we hereby agree to furnish aD ~ n.ao:~,;'.....y, etJ~ b.~ tools, malerials, supplies, labor, and oIher1hings DeOI.'SSl'ry to the ~ and COOIpIdion oftbe work, fully understanding that the quantities shown in the Norice to eu....Ad and PIoposal are approximate only, am that we will fully oomp1ete all neN""AAI)' worlc in accordance with the Plans and the ~ ~ and the ~Queds UDder them of the F~ wilbin the time Iimil specified in 1his Pt~ for the followiDg unit prices ~wit am NO: B-elftl DA'IZ: Mlt5ltl mY OFMlAMlIIIACII 4 '12/01/01 12:.. FAX 830 I'. ..7S ,$ KODEltNFOLD DOORS IiII001 .' '" .', . ftOIll1)A MDDIINIOlD.. JNC. roO. ..... SuIldI& I'Illdda 1U45 (956) 7j7~ .. C,9!S6) 1C7... HaaiI:~ -.modm-IDW _ O&LANDOlClN1'aAl R.OaJI)A t~1QRS.l F... '''''''.(OA~1 1M December S. 2001 Mr. John Ellis City ofMiBmi Beach Procurement Division Miami Beacb, JlL Fax: 30SI673~78S1 RE: Bid #29-00101 Dear Mr. Ellis. In reference to our phone conversation of 1213101. we have discussed the pricing with Modemfold, Inc. When we originally bid this project, the substantial completion was 1 SO days from time contract commences. It was our understsnrln,g the contract was to be awarded i~Ntiately after bids were reviewed. This being the case. the material prices were based on shipment in 2001. Modemfold, Inc. bas a 2.5% price escalation for material shipping after 12131/01. Provided Miami Beach Convention Center can give us a cootract prior to 12131101. we will waive this price ese-1lttQr and further reduce our lump sum bid to 1234.000.:- The price for the Service Maintenance AgRement, for one iaspection per year. will be ~1('ed" $16.-' If you have my fUrther questions please let me know. Sincerely, ,€~ 05/01/2001 17.01 003 BID No. 19-00II1 BID PROPOSAL lOR :!tlUL OPERABLE ("AIR") WAU.S RETROnT AND REPAlRJOR MIAMI BEACH CONVEN'IlON CENTER PROPOSAL PAGE 1OF5 AI bid itlm; sbaI1 iDcJWe 00sIs fir1i~ 10 tb= Oly all m*riaI, equipmd, and SIpos IDi fir all CXJSt incmred in alqlleting the v.OOc. m,.]'~ ~~ cLaD tnlIlfloriltk. eqt~ and SUWIies tiln1id-xt. <X.Iq)~ in place and ready fer rnntim~ service, including all tie-in ~ and testing, all oIher Iabcr. pemDt fees, 1lixes, insumnce, Jni_l~ costs, ovemead IDi profit. The Cal!racU sball be Substantially Completed with tile Work witbiD one-buadred fifty (150) ~~_r days after the date when the CrtI'Itrlw't T~ (>.. 'H'~.~ to nm as ~ in pal~ 23 of the ("~I Cooditicm, and ocmpleted and ready for fmal p8}lID9 in ~ with parlls.L~ 14.13 oftb= G-nl CmditioJs wi6Un onHiundred eighty (181) aleodar days after the date when the Contract Time QP'.'"""""CIeS to ran. Provide aIlla1:xr, equiJment. Jn9tPrial. and 51.Ipl:lWion m: t..., j 10 perl'oon the full extent of the \\Uk as desaibed herein: ALTERNATE 1 (AMPnrltnn 4, .Attachm:n1 VII) $ 268 ~conversion to second . level east wrap) Two hundred sixt ei ht thousand fift WritteIl AmoIIId Q~ $~'~\":': . Service l\4_inUn_nce Agreement (..A.MPnrltnn 2, Atmt-hmfo!nt DI) .s i )(+~c:..(\ TIll r I~Y r.hrpp thnl1AAntl ..illl". "I...d. ~.A W.Mteu ~m. (Excludes east wrap conversion & maintenance ~ agreement) ..,..o...,r Two hundred thirty eii!;l.t thousand flu:; ~1:'~d eixt~ 8fte WritteD AmoIIId ~ 9iJ $ ~:.=.:. (~<-Ul inspections per year) ~Sum: f...Lvty Ai" BID NO: 2NMl M'laMltVll atYOFMIAMl~ ATrACBMENT vm (AmeDded) 5 Bm No. 29-eOIOl BID PROPOSAL lOa STUL OPERABU: ("AIR") WAILS RETROFIT AND REPAIR lOa MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE 3 OF S ADDENDUMACKNO~ :D~UM 'i 114~~T~ SlGNX"TF ~N SIGNING BID 2 5/22/01 fI_ I Y N 3 5/30/01 StV -. o. _ 4 6/1/01 Biddecacccpls all of1be 1I:rms andcmditioos of1be Bidding Tfts~ iDcludiog witIxU IimimtitYo 1hose &.Iit,g with the mllpC<'litinn of1be P1~ GuaIamy. In Sl.Ib.uittiug this l\~ Bidder makes all.~ . ....q,.: ~ by the Jnslructioos to Bidders and furtbec wammts and Jep~ 1bat a Bidder has examined copies of all the Bidding 1)rrJ~ the Notice to Comractas, 1be Pl~ Requirements and Conditions, and the following Addenda (~ of all which is hereby acknowledged): b. Bidder bas fiImiliarized i1seIfwith the DSture and exte:Dl of the Ccdract Documents, Work Site, Locality, and all Local. Qwlitjon!: and Laws and Regulatioos that in any manner may affect cost. progress. performance, or finnidnng of the Work. c. Bidder has scudicd carefu1ly all tqlO11S and drawings of subsurliIce oooditions and dmwings of physical NWVIititn<: which are idr.ntifiM in the Suwb."", tb. f CoodiIioos as provided in Paragmph 42 of the Gc:oe:ral Conditions, and aocepts the "-nniruotion set forth in Par:.~ SC42 of the Supp)l!lnr..b'f CooditioIlS of the eDD of 1be 1rdmica1 data cnnbmM in such reports and ~ upon wbich Biddcc is I'nfitIM to rely. d. Bidder has obCaiDed and carefu1ly sIUdied (01' _...~ RllI{liO'l!lIihility fo: ~:..:.'t and carefu1ly studying) all such 1'!Y"".:'IlIlb.ms, inYe;ti~ expknaims. tests and studies (m additioo 10 or 10 supplemeol those .dou..d to in (b) above) wbich patain to the subsudiIce OI'physical cooditioos at the site 01' oCbeIwise may affect the ccst, progu:ss, peat:. .._no.~ or filmi,d,:,'t of1be Wade at 1be CooI:ract Price, within 1be Cootract ll111C and in llCIOOl\'Imcc wid1the othc:r teIms and ooodi1ioos of the Coolract Dot'nmenls. including specifically the provisicms of ra...~ 42 of the Gc:oe:ral C..a:..: -.I .lrfiti I .. . .. ~ similar ~ .... DO". .-- '.'....Ium'"'....... ~. .....----. 1IestI, RplIts 01' D:m,."...,;,.. 01' data lR 01' will be l~ed by Biddec for IUdl pUI~ BID NO: 2f.4MI M'n: ..,.".1 alYCWMlAlllIEACII , BID No. 29-OOJOl B BID PROPOSAL FOR STEEL OPERABLE ("AIR") WAU8 RETROFIT AND REPAIR FOR MIAMI BEACH CONVENTION CENTER PAGE40FS e. Bidder bas reviewed aod checked aD information and data shown or i~ in the Contract Documeots with respect 10 existing Underground Facilities at or catiguous 10 die site and _1ft1lI'!C responsibility for die accurate location of said Underground Faci1i1ies. No lItttfititWl8l examinatioos, investigations, explorations, tests, lq:>ot1S or similar infonnatioo or data in Iesped of said Underground Facilities are or will be requimi by Bidder in order 10 perl'oon aod furnish die Wtwk at the Contract Price, within the ConIract Time and in accordm:e with the other terms and conditions of the Con!ract Doaments, including specifically the provisions of Paragraph 43 of!be General Conditions. . t: Bidder bas coneJated !be results of aD such observations, examinatioos, investigations, ex:plcxatiom, tests, reports and studies with the terms and conditions of tile Contract Documents. g. Bidder bas given the City written notice of aD coo1Iicls, C'lI'Or'S or di:....~ies lhat it bas disccM:m1 in the Contract Documents and the written resolution thereofby City is acceptable to Bidder. FIRM'S NAME (Print or Type): ~ K)J)mmFOLD. m:::. SIGNATURE: . {! f) iwt TITLElPRlNTED NAME: VP I Ralph Olesky ADDRESS: 10116 NW 53rd Street Sunrise. FL 33351 TELEPHONE NUMBF..R: (954) 747-7400 FAX: (954) 747-6f:1:J) 8m NO: zt.OMl ~TE: 141t3JOl aJ'Yf1'MIAMI.:AaI 1 BID No. 29-OOJ01 BID PROPOSAL FOR STEEL OPERABLE ("AIR") W AUS RETROFIT AND REPAIR FOR MIAMI BEACH CONVENTION CENTER PROPOSAL PAGE 5 OF 5 . The undersigned fur1her agrees to perform all nece$~1)' "Extra Wodc". as provided for in the General and Supplcmemary Provisions and to execute the aaacbed Cormac:t within ten (lO) caJend:u' days after'the date on which the Notice of Award bas been given. The undersigned further agrees to 00IllDlellCe work under this Contract within seven (1) days following the date iOOicated on the Notice to Proceed by the City and to Substantially Complete the Work and to fully and Finally Complete the Work with the Contract Time period as stip-.Jlated in the Agreement The undersigned further agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract Substantial Completion date that the Work is not substantially completed, and for each consecutive calendar day that passes after the Contract Final Completion date that the Work is DOt completed and ready for final payment, the amounts of liquidated damages being as stipulat.ed in the Agreement. The undersigned further agrees to furnish sufficieut and satisfucto1y bond in the sum of not less than (lOOOIo) ooe-hundred percent of the contract price of the wodc. The undersigned further agrees to bear full cost of maintaining all wode until the final ~ as provided in the General Provisions. Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the sum of 5%. the total bid amount as selected. bid bond dated 5-14-01 ~'D BO~l> A '\fd'tg') Dollars $ See P82e 2 of 5 Bid Bood is to be fcxfeitcd as liquidated damages it: in case this Proposal is ~ the uOOcrsigDed shall fail to execute the attached Contract under the oooditioos ofchis Ploposal; otherwise, said Bid Bood is to bo ........n ID1bc ~ upoo 1bc Tli ofSaljsfloclD<y Bood. Si_&ntle-UJ~ w Address 10111\ Nfl 'i~m ~~1"_~ ~m1"i_ ];'1'. ~~~"l . TelephoneNumber (9'54) 747-71.m Bm NO: 2f.4M1 a'lYOll'MlAMlII&ACII MTI: I41131tI . ...~ CONTRACI'OR'S oursnONNAIRE NOTE: lDf'ormadoD npplled In rapHK to tills qaesdollUlre II ....jeet to ftl:1IkatIoL ~Ce or Inc:ompIete lUISWt!l'I may be grounds for diIqaIifkatioa from award of this bid. Submitted to The Ma)U and Oty CnmmimnQ of the City of Miami Beacb, Fbida: By FIORTnA Mon~RW~OTn TWr. . PrincipafOffice . 10116 NW- 53rd Street, Sunrise, Fl 33351 How many years has your organi2mioo been in ..~ as a General Comractor UDder your JRSCIIl .....m.- name? 3 Does your ~ have c:um:m oocupabonallia:nse:s f'ftIitI~ it to do the wcdt Po.db, 'plaled in 1hi<l Contract? Yes Stale of Florida occupational license - state type and number: CG-C012423 Dade County certificate of oompeteDcy - state type and number: (Se e a hove) City of Miami Beach occupationalliceose - state type and nwnber: Tn prov; np Include copies of above licenses and certificates with I'I~ How many years c:xpe:riencP. in similar worlc has )'OUI' ~i-m;on bad? (A) AsaGeneralContractor 20 (Twentv) (8) AsaSub-Contractor 20 (Twenty) (C) What 00lltr'..cts has your organization oompletcd? Con1ract Ami Class of Work When C'.omDletcd NamrJAddress of Owntz( Mode rn fold Ins t a lIa t i on s ) Ritz Carlton-Key Biscayne/J.W. Marriott-Brickell/Fontainebleau Hilton Ale~ander Hotel./Sheraton Bal Harbour/ MiamiBeach Convention Center Have you ever had a oon1lact tP.nnm..tM (as prime CClIJI1'lIC:tm or sulk.uub.",,*-, UDder exiaiTlg (....'l..aJY name (]I' aDOCbe:r 01. ".a.uy name) 00e to &ilure to coqiy with \Adla..full spec:ificatioos? No If so, where and why? N / A Has my officer (]I' partoeI' of your crgtmi7Arinl:l ever &iIld So (0 .,~ a COdIlI:~ ~..A htmdW in his own name? No BID NO: 29-tI/tl DAD: t4It5Itl aJYorMIANI~ , "..'. ... If so, SClde D8IDC of iDdividua1, DIIlDe of owaer. .md JaIOIl tbercof' 'N I A . f' In what oCher IiDes of....n.- are you fim......ny ~.....oo er qaged'1Modernf 0 1 d Door s 0 f Ch i c ago I n c 648 Blackhaw~ Dr.. Westmont. It 60559 - Dannv Watson. President (Esta~1ished 1966) Give rd'~~ as to expcric:Dce, ability, md fiRllncial ~A,...mc (S~~ hAnking hplnv) ............. What ~ do you own ~ Is available fer the proposed 'MIlk md wbr.re Jocated'1 Misc. tools for retrofit and repair What Bank or Banks ~ you ammged to do 1'11__ with dmiDg the course of the Ccr:mct sbouId it be awarded to you? Harris Bank - Hindsdale.. NA 50.S. ti~co~~ Street. Hindsdale. It 60521 rPAnnp RnylAn (~~O) Q?O-7006 Acct U: 0001207268 Please list the names and addresses of the subconttactors to be used for the portions 'of the wade listed below. Inhouse Emplovees IJJDEBYcrkIJrt 1J&-----'- "i OL~ vP BmNO: D-tMl DAD: t4It5IIl a'lYOFIGAMlJEAaI II (SEAL) . :: ::..- (SEAL) .. .... ;-=-_...~..=:,;..;--~:_;-;:",...:..~~~-,.~..::.."... "l~OPERABLE("AIR") WAILS RETROm AND REPAIR FOR MIAMI BEACH CONVENTION (EIl'l'ER Contrad<<s sfIai1 furnish the names. addleSscs, and teJepbooe'llIJm~ ofa minirm:qn of four (4) &ms or govemmem org;mi7mioos for wbich the Camactor is cuneotly thmid,ing or bas fitmi<:M\ similar sel'YioeS. 1) fuDpany Name ~t'-T~1t~t.llrptnnp-, Inc.lDiplomat East Banquet Hall Address 3515 S. Ocean Dr. Hollywood, FL 33019 Contact Person Alexis Minex:vino Telephone Number (954) 458-9348 2) Company Name Coastal Construction / Renaissance Hotel Address 790 NW 107th ~venue . Miami, Ft 33172 Contact Person Ron Anderson Telephone Number (305) 559-4900. 3) Compady Name Odebrecht Construction/Ritz Carlton-Key Biscayne Address 455 Grand Bay Dr. Key Biscayne, FL $-. Contact Person Nelson Cudras TdqXKme~ (305) 365-3636 4) MDM Developers/ JW Marriott Hotel ~yName Adchess 1111 Brickell Avenue Miami, FL 33131 C<<1tact Person Eduardo Roca T~Numbez' (305) 670-5298 . . ~ . BID NO: 1NCIIIl DA.mt4lfMl alYOFMIAMlIIEACB 11 33149 . .. AGREEMENT THIS AGREEMENT made this /q.fo'l day of D t.UP"\bt.r 20QJ., A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which tenD shall include its successors and assigns~ ~f the one part, and ^ \ l:::l2c, ~ A v1\u d.UI"' n l 0... r;, C-, , I'D U l" tV iJ s? r~ 5 +rt"' ~ -t- <::::)t'")f',.sL) PI ?3jSt hereinafter called the Contractor, which tenn shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said C0ntractor and designated" STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR FOR THE MIAMI BEACH CONVENTION CENTER" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatoIy upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Docwnents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instnunent, only that part of the matter in direct conflict herewith shal1 not be construed to be a part hereof 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shal1 be Substantially Completed with the Work within one-hundred fifty (ISO) calendar days after the date when the Contract Time commences to nm as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one- hundred eighty (180) calendar days after the date when the Contract Time commences to run. BID NO: 29-00/01 DATE: 04/05/01 CITY OF MIAMI BEACH 12 3.2 Damages - City and Contractor recognize that the City wiD 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 Hquidated damages for delay (but not as a penalty) the amount of Two Hundred DoUan ($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 Con1Iact Time, Contractor shall pay Owner Two Hundred DoUan ($200.00) for each calendar day that expires after the time specified in Pangraph 3.1 for completion and readiness for final payment These amoWl.ts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor sball ftunish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessaIY to the execution and completion of the WOIk, nothing being required of the City except that it may, at its expense, supervise such consttuction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contmct and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the conslIUction herein contemplated in a good and worlananlike manner within the time herein specified and in accord herewilh, the said City shall pay to the Contractor the contIact swn 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 Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Smety Agent authorized to do business in the State of Florida. BID NO: 29-00/01 DATE: 04/05/01 CITY OF MIAMI BEACH 13 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All docwnents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in CUITent fimds at the lwnp swn or unit prices presented in the Bid Proposal. attached to this Agreement The parties expressly agree that the Contract Price is a stipulated swn except with regard to the items in the Bid which are subject to unit prices. Contract Price: dO $ .+3 ~ D7J0. 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City aerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. ~l..()t/~-A ~~~ (SEAL) Contractor f By (Authorized Corporate Officer) ~ 9 ~W1 o MIAMI BEACH V~ Title ATrEST: ~ - ~~f~ City Clerk BID NO: 29-00/01 DATE: 04/05/01 CfIY OF MIAMI BEACH 14 APPROVED AS TO FORM & LANGUAGE & FOR EXECunoN "':i' 1/ tJto v PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are finnly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finnly by these presents. WHEREAS, Contractor, on the _ day of . 20----, entered into a certain contract with the City, hereto attached, for BID NO. 29-00/01, Entitled, " STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR FOR THE MIAMI BEACH CONVENTION CENTER" which Contract is made a part hereofby reference thereto. NOW, THEREFORE, THE CONDffiON OF THIS OBliGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in defauh under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: L Complete the Contract in accordance with its terms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as W 0Ik progresses (even though there should be a defuult or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the Contractor. BID NO: 19-00101 DATE: 04/05/01 COY OF MIAMI BEACH 15 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from and against any and all liability, loss, co&, 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 foICe 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 Docmnents, and the Contractor hereby guarantees to repair or replace for the said periods all work perfonned and materials and equipment furnished, which were not performed or fiunished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work. material or equipment, the Contractor hereby guarantees the same for a minimwn period of one (1) year from the date of final acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. BID NO: 29-00/01 DATE: 04/05/01 CfIY 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) (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: SURElY: (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: 29-00/01 DATE: 04/05/01 CfIY OF MIAMI BEACH 17 CERTIFICATES AS TO CORPORATE PRINCIPAL I, . certify that I am the Secretary of the Colporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said COIporation; 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 Corporntion by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known., who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of .20_ A.D. _(Attach Power of Attorney) Notary Public State of Florida- at-Large My Commission Expires: BID NO: 29-00/01 DATE: 04/05/01 COY OF MIAMI BEACH 18 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY TmS 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 swn of$ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF TmS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (I), Fla. Statute., supplying Principal with labor, materials, or supplies, used directIy or indirectIy 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 PI'O('PMines, that the City sustains in enforcement of this bond. Perl'onns the guarantee of all Iabor and materials finnished mtder 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 docwnents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. Statute, are specifically adopted by reference and made a part hereof for the pmposes 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: 29-00/01 DATE: 04/05/01 CfIY OF MIAMI BEACH 19 IN WITNESS WHEREOF, the above bolDlded 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: 29-00/01 DATE: 04/05/01 COY 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 belmlf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of .20_ A.D. (Attach Power of Attorney) Notary Public State of Florida- at-Large My commission Expires: BID NO: 29-00/01 DATE: 04/05/01 COY OF MIAMI BEACH 21 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contmct. 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 asswne, and does so assmne, 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, resu1ting from any action or operation wuter the con1IaCt or in connection with the work. It is tmderstood and agreed that at all times the contractor is acting as an independent contractor. b) The contractor, at all times dtning the full duration of work Wlder this contract, including exlIa work in connection with this project shall meet the following requirements: i) il) ii1) iv) v) VI) vii) BID NO: 29-60/01 DATE: 04/05/01 Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements. of the State of Florida. Maintain Comprehensive General Liability InSUl'lUlCe in amounts prescnbed 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 W1der the con1IaCt or in connection with the work. This policy is to provide coverage for premises/operations, independent con.tractor, broad fonn property damage, productsIcompleted operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all Iiability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insmance companies hereby agree a.-xi will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest editiO'l. CITY OF MIAMI BEACH 22 viii) Original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein, shaI1 be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Tide. 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 perfonned in this contract. c) The liability insurance coverage shall extend to and include the following conttacIUal 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, servants, or employees, or through the mere existence of the project under contract. BID NO. 29-00/01 "STEEL OPERABLE ("AIR") WALLS RETROFIT AND REPAIR FOR THE MIAMI BEACH CONVENTION CENTER " 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 detennined 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 con1IaCt, and furnish a copy of the Hold Hannless Agreement to the insurance agent and carrier. il) The contractor will obtain and maintain contractual. liability imurance in adequate limits for the sole pwpose of protecting the City of Miami Beach lUlder the Hold Harmless Agreement from any and all claims ~rising out of this contIactual operation. d) All policies issued to cover the imurance requirements herein shall provide full coverage tiom. the first dollar of exposure. No deducnbles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for BID NO: 29-00/01 DATE: 04/05/01 CITY OF MIAMI BEACH 23 payment of deduct1bles by the insured and approved by the City's Risk Manager. 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 finnisbing copies of1he insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract Contractor shall be as fully respol1S1ble to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him t) Insmance coverage required in these specifications shall be in force throughout the coo1IaCt 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 understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. BID NO: 29-00/01 DATE: 04/05/01 CITY OF MIAMI BEACH 24 INSURANCE CHECK LIST :xxx 1. Workers' Compensation and Employer's Liability per the Statutory Iimits of the state of Florida. :xxx 2. Comprehensive General Liability (OCClIITeIICe fonn), Iimits ofliability $1,000,000.00 per occwrence for bodily injwy property damage to include Premises! Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indenmity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). :xxx 3. Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non-()wnedlhired automobiles included. 4. Excess Liability - $1,000,000.00 per OCC1.IIreIlce 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 Wlderstand the Insmance Requirements of these specifications and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 19-00/01 DATE: 04/05/01 CfIY OF MIAMl BEACH 15 DMSION 1 General Provisions Section I DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contract Bond the following tenns or pronouns in place of them are used, the intent and meaning sba1l 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 Manae:er" - Chief Administrator of the City Commission. 1.6 "Enl!ineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all neceSS8\)' inspection of the materials furnished and of the work performed by the Contractor. 1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Suretv" - The corporate body or individual which is bound by the Perl'onnance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responslble for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guarantv" - The secwity 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: 29-60/01 DATE: 04/05/01 C11Y OF MIAMI BEACH 26 1.14 "Plans" - The official approved pmns, pofile. 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 perfonning the work, or to the quantities and qualities of materials and labor to be furnished wxIer the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to the project Wlder consideration. In case of any discrepancy between the Standard Specifications and the Special Provisions, the Special Provisions are to govem. 1.18 "Supplemental Al!J'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 of labor and materials in the proposed construction. The contract shall include the "Proposal." "Plan," "Specifications," "Special Provisions," perfonnance Bond," and "Laboc and Material Bond" also any and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner. 1.20 "Contract Bond" - Perfonnance Bond - The security furnished by the Contractor and the Smety as a guaranty that the Contractor will execute the work in accordance with the tenns of the Contract 1.21 "Pavment Bond" - The security fwnished by the contractor and the surety as to guaranty that the conttactor will pay a claimant A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement 1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the information as to his ability to perform the work, his experience in similar work, and his financial condition as related to his ability to finance the work. 1.24 "Substantial Completion" - When consttuction is sufficiently complete in accordance with the contract documents, so the owner ~ occupy or utilize the work or designated portion thereof for the use for which it is intended A Certificate of Substantial Completion signed by the AlE of Record, the contIactor and approved by the City must be submitted in order to consider the work substantial1y 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: 29-00/01 DATE: 04/05/01 CfIY OF MIAMI BEACH 27 SeetiOD 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2.1 Interpretation of Aooroximate Estimate - The Bidder's attention is called to the fact that the estimate of quantities of all wode to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not asswne any responsibility that the final quantities sha1l 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 wode 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 wotk contemplated, and it will be asswned that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of wode 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 ProposaI shall be considered prima facie evidence that the Bidder has made examination. 2.3 Preoaration of Prooosals - 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 wode 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 copar1nership, by setting out in full the names of the par1ners and the firm name of the partnership, ifany, and signed by one or more of the partners, and the post office address of each of the par1ners shall be shown. If made by a corporation, the proposal shall be executed by setting out the corpomte name in full, followed by a statement that it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and permitted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal place ofbusiness shall be shown. 2.4 Reiection of lrre2ular 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 Guarantv to Accomoanv Prooosals - No ProposaI will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 28 2.6 DeUverv of Proposals - Each Proposal must be submitted in a sealed envelope which shall be matked 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 \mtil the date and hour stated in the "Notice to Contractors." 2.7 Withdrawal of Prooosals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. WItbdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Ooeninl! 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 DisouaUfication of Bidden - Only one Proposal from an individual, firm, partnership, or corpomtion, \Dlder 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 wotk contemplated all Proposals in which such Bidder is interested will be rejected. The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts with the same in force at the time of receiving bids. 2.10 Comoetency of Bidders - Bidders must be capable of perfonning the various items of work bid upon. They shall furnish a statement covering experience on similar work, a list of machinery, plant, and other equipment available for the proposed wotk, 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 furnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these Specifications to detennine their quality and fitness for the wotk. Subsequent deliveries shall be equal in all respects to the samples submitted. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 29 Seetion 3 AWARD AND EXECUTION OF CONTRACf 3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read, the correct summation of the products of the approximate quantities shown in the Proposal, by the unit bid prices, will be considered the bid The amounts will then be compared and the results of such comparison will be available to the public. Until the final award of the Contract, however, the right will be reseJVed to reject any or all Proposals and to waive teclmical errors as may be deemed best for the interests of the City. 3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest responstble Bidder whose Proposal shall comply with all the requirements llt'l(;t"'lllIry to render it fonnal. The award, if made, will be within ninety (90) days after the opening of the Proposals, but in no case will an award be made \mtil all necessaIy investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract. 3.3 Return of Prooosal Guaranties - All Proposal guaranties will be retlm1ed immediately following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be retwned within ten (10) days following the award of Contract, except that of the successful Bidder, which will be returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond ReQuired - The successful Bidder entering into a Contract for any portion of the wode will be required to give the City Surety in a sum equal to the amo\mt 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 form furnished. In case of defuult 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. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the wode may be re- advertised or may be constructed by day labor, as the City may decide. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 30 3.7 Evidence of Autboritv - Before a Contract is executed the Bidder will be required to furnish certified copies of: Excerpts from the By-Laws; Excerpts from the Minutes or Resolutions of the Governing Body; Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business in the State of Florida. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 31 SeetioD 4 SCOPE OF THE WORK 4.1 Intent of Plans and SoecifieatioDS - The intent is to prescribe a complete wotk of improvement which the Contractor undertakes to do. The Contractor shall do all the wode indicated in the Proposal and on the Plans, and such additional, extra, and incidental wotk as may be necessary to complete the Wode 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, tmless oilierwise 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 \Dltil its fonnal acceptance by the City, as herein provided, and twn it over to the City as a whole, complete, free from defects, and ready for use in full compIiance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract. 4.2 Soeeial 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 wode as may be considered necessary or desirable to complete fully and perfectly the proposed constmction 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 ofwode to be performed, and should added or eliminated wode 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 wode 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 Wode as contemplated, and such extra wode shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Wode" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Wode on a "Force Acco\mt" Basis given the Contractor. BID NO: 19-00101 DATE: 04/05/01 crtY OF MIAM1 BEACH 32 Seetion 5 CONTROL OF THE WORK 5.1 Entdneer 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 iutapu:;tation of the Plans, construction, prosecution and fulfilhnent of this Contract, and as to the character, quality, amO\Dlt, and value of any wode done, and materials ftunished, \Dlder or by reason of this Cootract, 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 worlcing dmwings as are I"eceSWY to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and infonnatioi1 given on the approved plans shall be in writing. No changes shall be made of any plan or dmwing after the same has been approved by the Engineer, except by direction of the Engineer. Wotking 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 finnished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing stee~ approval of which by the Engineer must be obtained before any wode involving these plans shall be perfunned Plans for cribs, cofferdams, falsework, centering, and fonn wode 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 Contractots wotking dmwings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity ofhis wotking drawings with the approved Plans and Specifications. The Contract price shall include the cost of finnishing all wotking drawings and the Contractor will be allowed no extra compensation for such drawings. 5.3 Conformitv with Plans and Allowable Deviations - The finished wotk in all cases shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations from the approved Plans and wotking dmwings as may be required by the exigencies of constroction will in all cases be determined by the Engineer and authorized in writing. 5.4 Coordination of Plans. Soecifications. and Special Provisions - These Specifications, the Plans, Special Provisions, and all supplernentary 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 Wode. In case of discrepancy, figured dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special Provisions shall govern over both Specifications and Plans. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 34 5.5 Coooeration of Contractor - The Contractor will be supplied with copies of the Plans. Specifications, and Special Provisions. The Contractor sha1l have available on the Worlc at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Worlc the constant attention necessary to facilitate the progress thereof and sha1l coopemte with the Engineer and with other contractors in every way possible. The Contractor shall at all times have a competelrt Fnglish-speaking Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, as his agent on the Wode, who sha1l receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of the Engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the amo\Dlt of wode sublet 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all wotk done and materials furnished. Such inspection may extend to all or any part of the Wode and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Wode to report to the Engineer as to the progn:ss of the Wode and the manner in which it is being performed; also to report whenever it appears that the materials furnished and wode performed by the Contractor fail to fulfill the requirements of the Specifications and Con1Iact, 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 Wotk strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Wotk, the Inspector shall have the authority to reject materials or suspend the Wode \Dltil the question at issue can be refened to and decided by the Engineer. The Inspector shall perfonn 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 wotk, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perfonn other duties for the Contractor, nor interfere with the management of the Wode by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the tenns of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Wode \Dlder 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 wode perfonned 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 Wode remove or \Dlcover such portions of the finished Wode as may be directed. After examinatiOn the ContractOr shall restore said portions of the Wode to the standard required by the Specifications. Should the Wode thus exposed or examined prove acceptable, the \Dlcovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as ''Extra W otk," but should the wode so exposed or examined prove U1llICCeptable, the \Dlcovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. No wode shall be done nor materials used without suitable supervision or inspection by the Engineer or his BID NO: 29-00/01 DATE: 04/05/01 COY OF MIAMI BEACH 35 representative. Failure to reject any defective wode or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. 5.8 Failure to Remove and Renew Defective Materials and Work - Should the Cu.&.,.;tor fail or refuse to remove and renew any defective materials used or wode 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 unaccep4abIe or defective materials or wode 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, finn. 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 wode performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the wode performed by him. 5.9 Final Insoection - Whenever the Wode provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 36 Section 6 CONTROL OF MATERIALS 6.1 Source of SuoolY and OuaUtv of Materials - At the option of the Engineer the source of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to \Dlder Samples and Tests, Paragraph 6.2. Only materials conforming to the requiremenls of these Specifications and approved by the Engineer shall be used in the Wotk. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is fo\Dld that sources of supply which have been approved do not furnish a uniform product, or if the product from any somces proves \Dl3CcePtable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval has in any way become \Dlfit for use shall be used in the Work. 6.2 Samoles 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 fi1cilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Wotk any material represented by the samples until the tests have been made and the materials fo\Dld in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Wode. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6.3 Stora2e of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not confmming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used \Dltil approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made \Dlder 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: 29-60/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 37 Seetion 7 LEGAL RELATIONS AND RESPONSIBllITY TO THE PUBLIC 7.1 Laws to be Observed - The Chihidut must &mi1~ himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself accon:lance with them. He shall indemnify and hold harmless the City, the Arcbitects and all of its officers agen1s, and servants against any claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himseIf or his employees. 7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed $1,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public worlc, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant W1der a contract with a public entity , and may not tmnsact business with any public entity in excess of the threshold amO\Dlt provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION Prospective bidders should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate their receipt of future notices of solicitations when they are issued. Potential bidders may contact DemandStar.com at (800) 71l-l7l2 or register on-line at www.demandstar.com It is the respoDSlbility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. 7.2 Permits. Licenses. Occuoational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Wode. 7.3 Patented Devices. Materials. and Processes - It is mutually understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, 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 BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 38 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 <r filed as noted, the Contractor and the Surety in all cases shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material, or pucess, to be performed 1.U1der the Con1Iact, and shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Wotk. 7.4 Ril!ht ofWav - In cases where the Wotk is done on private ptoperty the City guaram:es the Contractor the right-of-way for the construction of the Wode, but the Contractor must take all precautions not to inconvenience the tenant or property owner any mote than necessary. The right is reserved to omit any sections of the Wotk 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 ofhis Contract as may be determined by the City to be reasonable. In case of damage to the WOtK on accoWlt of WOtK so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided \Dlder "Extra W OtK." 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 wotk performed by him. 7.5 Restoration of Surfaces Ooened bv Permit - Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit secwity with, the Engineer, in a suitable amoWlt to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the W OtK. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Wotk. In case of damage to the wotk on acco\Dlt of wotk so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided \Dlder "Extra Wotk." 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 respoDSlbility for the wotk performed by him. BID NO: 29-00/01 DATE: 04/05/01 crtY OFMIAM1 BEACH 39 7.6 Sanitarv Provisions - The Contractor sball provide and mAintain at his own expense, in a sanitary condition, such accommodations for the use ofhis employees as is necessary to comply with the requirements and regulations of State and County Board'! ofHeal1h. He sball commit no public nuisance. 7.7 PubUc Convenience and Safetv - The Contractor shall conduct the Wode 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 Wotk in a manner satisfactory to the Engineer. Materials and equipment stored upon the Wotk 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 mt be closed except when and where directed by the Engineer, and whenever the street is not closed the Wotk 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 Wode the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable banicades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall inunediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades. Warninl!S. and Detour Sims - The Contractor shall provide, erect, and maintain, at his own expense, banicades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Wotk and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Wode; 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 Wode and public convenience and safety. All safety signs, necessary lighting and temporary fencing aro\Dld wotk areas shall be installed and maintained and wode performed in accordance with OSHA requirements while the job is in progress. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hvdrants. Gutters. Etc. - Fire hydrants on or adjacent to the Wode shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within-ten (lO) feet of any such hydrant Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 40 7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges sba1l 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 Prooertv - The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up dwing the construction of the WOOc. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor Wlder this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such wotk is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Resoonsibilitv for Damal!e. Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on acco\Dlt of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on acco\Dlt of, any claims or amoWlts recovered for any infringement of patent, trademarlc, or copyright, or from any claims or amoWlts arising or ~vered Wlder the "Worlanen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no lllOneyis due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect fwnished to the Engineer. BID NO: 29..00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 41 The Conttactor 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 wiD not be released by final acceptance and payment by the City t.mless all such claims are paid or released 7.14 Contractor Resoonsibilitv for Work - Until acceptance of the Wotk by the Boan1 it shall be \Dlder 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 Wode occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.15 Ooeninl! of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Wode 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 wotk 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 Wotk due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Lel!a1 Ril!hts - The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective wode 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 wode and materials. 7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 42 Seetion 8 PROSECUTION AND PROGRESS 8.1 Sublettin2 or AssbmiolJ Contracts - The Contractor will not be permitted to sublet, assign. sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to any individual, finn, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer cqries of all sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor ofhis liability under this Contract and Bond. 8.2 Pro2l"ess of Work - It is understood and agreed that the Contractor shall commence wotk not later than the time limit for begirming as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Wode 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 \Dlcompleted 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 UJnitations of Operations - The wode is to be confined, at any one time, to five squares, not to exceed l,500 feet in length; and while the wotk 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 wotk 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 wotk and dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent wotk and to join his wode to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and to perform his wotk 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 wotk performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4- Character - of Workmen and Eouioment - The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Wode and shall not again be employed on it except with written consent of the Engineer. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 43 All worlanen must have sufficient skill am experience to prqlCrly }JQfOnl11be wod: assigned them. All wotkmen engaged on special wotk or skilled work, or in any trade, shaD have had sufficient experience in such wOOc to properly and satisfactorily pelf OlIn it am to operate the equipment involved, and shall make due and proper effort to execute the Wotk in the manner prescnbed in these Specifications. Otherwise 1be Engineer may take action as above prescribed. Should the Contractor fiIil to remove such person or persons, or fiIil to finnish 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 Wode \Dltil such orders are complied with. The equipment used on any portion of the Wode shall be such that no injury to the roadway, adjacent ptoperty, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 8.5 Temoorary SUSPension of Work - The City or Engineer shall have the authority to suspend the Wotk 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 perform any or all provisions of the Contract. If it should become necessary to stop wotk for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public mmecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the wode performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Wotk and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of wotk except an equivalent extension of time for completion of the Contract. 8.6 Comoutation of Contract Time for Comoletion of the Work - Contractor shall perform fully, entirely, and in accordance with these Specifications the Wotk 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 Wode has been delayed in consequence of any suspension of wotk ordered by the Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract If the satisfactory execution and completion of the Contract shall require wode 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 Wode due to fault or negligence of the Contractor. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MlAMI BEACH 44 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 acco\Dlt of the streets or structures adjacent to the Wode not being in the condition contemplated by the parties at the time of making the Contract, or on acco\Dlt of delay in the removal of obstmctions; but if the Contractor shall be delayed in the performance of his wotk by reason of the streets or structures adjacent to the Wotk not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Wotk or any part thereofbeing 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 Comolete the Work on Time - The Wotk to be done \Dlder this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, aM is to be fully completed within the time limit set forth in the attached Proposal, and it is \Dlderstood and agreed that the time Iimit for the completion of said Wode is of the essence of the Contract, and should the Contractor firil to complete the Wotk on or before the date specified it is agreed that for each calendar day that any wode shall remain \DlCOmpleted, 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 Wotk 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: AmO\Dlt of Liquidated Damages and Estimated Cost of Supervision Per Dav See Paragraph 3.2 of Agreement The Contractor shall take into 3CCO\Dlt all contingent wode which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent wotk as an excuse for delay in his wode or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work. or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 8.8 Annulment of Contract - If the Contractor firils to begin the Wotk under Contract within the time specified, or fails to perfonn the Wotk with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Wode unsuitably, or shall neglect or refuse to remove materials or perform anew such wotk as shall be rejected as defective and \DlSUitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act ofbanlauptcy or insolvency, or allow any final judgement to stand against him \Dlsatisfied for a period of forty eight (48) hours, or shall make an assigmnent for the benefit of creditors, or from any other cause whatsoever shall not carry on the Wotk in an acceptable manner, the BID NO: 29-00101 DATE: 04/05/01 crtY OF M1AMI BEACH 45 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 often (10) days after such notice shall not proceed in accordance therewi1h, then the Board shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractors failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the wotk out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the gro\Dld as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the tenns 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 incuned by the Board, together with the costs of completing the Wotk Wlder contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense so incmred by the Board shall be less than the sum which would have been payable \Dlder 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 \Dlder the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amO\Dlt of said excess. 8.9 Termination of Contractor's Resoonsibllitv - This Contract will be considered complete when all wode has been completed, final inspection made, and the wode accepted by the Board as hereinafter provided The Contractor will then be released from finther obligation except as set forth in his bond, and except as provided in Article 7.16 of these Specifications. BID NO: 29-00/01 DATE: 04/05/01 CTIY OF MIAMI BEACH 46 Seetion 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Ouantities - All wotk completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfuces, which will be taken along the actual surface of the pavement No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such wotk is done upon written instructions of the Engineer. 9.2 Scooe of Pavments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for ftnnishing all materials, labor, equipment, and tools, and for performing all the Wotk contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Wotk aforesaid, or from the action of the elements or for any woreseen difficulties or obstructions which may arise or be enco\Dltered 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 Wode in accordance with the Plans, Specifications, and Contract. 9.3 Pavment and Compensation for Altered Ouantities -When Alterations in Plans or quantities of wode not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contract writ price for the actual quantities of wotk done; no allowance will be made for anticipated profits; increased or decreased wode involving Supplemental Agreements shall be paid for as stipulated in such agreement 9.4 Force Account Work - All Extra Wotk 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 fonowing manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the cmrent 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 amo\Dlt 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 Worlanen's Compensation Insurance involved in such force aCCO\Dlt work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insmance. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 47 (b) For all materials used the Contractor shall receive the actual cost of such 1DldI:rials, 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, 1mCks, shovels, drills, concrete mixers, pwnps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the worlc, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such wode is begun, for each and every hour that said special equipment is in use on the worlc, 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 Wode done on a force account basis. The Contractor's representative and the Inspector shall compare records of extra wotk done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra wode 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 wode was actually done. 9.5 Omitted Items - The City shall have the right to cancel the portions of the ConIIact relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amowrt covering all items incwred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Pavments - If the Wode progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the wode completed, and materials furnished by the Contractor \Dlder 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 incorpomted in the Wotk within thirty (30) days; ten (to) per cent of the amount due being reserved until a final settlement after the completion of the Wotk. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment It is \Dlderstood and agreed that the City may also deduct from any estimate, either partial or final, the amO\Dlt of any unsatisfied claim against the Contractor for labor, materials, tearl'..s, equipment and/or other things as elsewhere provided herein. Should any defective wotk 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: 29-00/01 DATE: 04/05/01 COY OF MlAMI BEACH 48 work, the estimate and payment for such defective or questioned wotk sball not be allowed \Dltil the defect has been remedied and causes for doubt removed The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment If the total amO\Dlt of the retained percentage of the Contract is greatly in excess of the \Dlcompleted portion of the Contract the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amO\Dlt sufficient to enable it to complete the uncompleted wode in the Contract and liquidate \DlSatisfied claims. 9.7 Acceotance 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 Wotk 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 Wode. Upon acceptance of the Wotk by the Board, a Final Estimate showing the value of the Wotk will be prepared by the Engineer as soon as the neceSSll1)' measmements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to conection in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the Board, provided that the Contractor has finnished to the Board a swom affidavit to the effect that all bills are paid and no suits are pending in connection with the Wotk done \Dlder this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following docwnents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LEITER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OmClAL, a LEITER OF FINAL COMPLETION or LEITER OF FINAL ACCEPTANCE from the AlE of record, approved by the City. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 49 Seetion 10 SPECIAL PROVISIONS 10.l WORKMEN'S COMPENSATION: Before starting wotk 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, treasl.uer'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 (100010) 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 minimi7e the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. lOA LEGAL LIABll.JTY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the wode provided for under the Specifications herein, shall be assumed by the Contractor and the City Commission and all its officers, agents, employees shall be indemnified and saved hannless therefrom. lO.5 FAMILIARIZATION: The Contractor shall visit the site of proposed wode in order to become familiar with existing conditions at the site. 10.6 PERMITS: The Contractor shall procI.U'e all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. 1 0.7 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. lO.8 LIMITATIONS OF OPERATIONS: No wode shall be accomplished on Saturdays and Sundays. No wode 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 wode that the contractor finds necessary to provide during the above days and times, must obIain written permission from the PlOperty Management Director or designated representative. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 50 MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: RETROFIT AND REPAIR OF MODERFOLD STEEL OPERABLE WALLS INCLUDING A FIVE (5) YEAR MAINTENANCE CONTRACT. Location East Wrap, A, B, C & D Exhibition HaUs and West Wrap. East Wrap: Specifications Convert the first and second level northeast and southeast comer, east wrap ballrooms to new 500 switch and curve. Convert # 500 right angle system with new 6 wheel steel trolley. Replace all track intersections, stacking track and trolleys. Reference walls MK Tl, 1'2, TI, T4, I5, Ul, U2, U3, U4, and US. Modification to include six (6) new additional panels and electrical switches. Electrical wiring and installation will be the responsibility of the contractor. Replace all steel trolleys with new # 14 precision ground bearings. Thoroughly clean and lubricate all tracks. (see modified plan) Alll & 2 level east wrap meeting rooms air wall tracks are to be thoroughly cleaned and lubricated. All trolleys are to be plumbed and drop seals adjusted. A, B, C & D Exhibition HaUs Steel Operable Walls (tall walls): Replace all steel trolleys with new # l4 precision ground bearings. Thoroughly clean and lubricate all tracks. Replace all white soffit trim. Inspect and repair expandable panel mechanisms. A, B, C & D Exhibition Halls (crossover): All trolleys are to be plumbed and drop seals adjusted. Adjust and level all panels. Replace all white soffit trim. Clean and lubricate entire track thoroughly. West Wrap C & D 1 Level Ballrooms: Replace all steel trolleys with new #14 precision ground bearings. Thoroughly clean and lubricate all tracks. Clean and lubricate entire track thoroughly. All trolleys are to be plumbed and drop seals adjusted. Plumb and level all panels. Replace all white soffit trim West Wrap C & D 2 Level Meeting Rooms: All west wrap meeting rooms are to have tracks cleaned and properly lubricated. All trolleys are to be plumbed and drop seals adjusted. PLEASE SEE ATIACHED SHEET FOR LOCATIONS AND OUANTIES OF AIR WALLS ALSO ATIACHED IS A FIVE (5) YEAR MAINTENACE CONTRACT FOR YOUR REVIEW AND PRICE OUOTATION. BID NO: 29-00/01 DATE: 04/05/01 Cl'IY OF MIAMI BEACH 51 MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: STEEL OPERABLE WALLS REPAIR MAINTENANCFJ SERVICE AGREEMENT Included in base bid (on separate item) contractor will perform on a semi annual basis for a period of five (5) years upon completion of repair work: A preventive maintenance and service program limited to inspection, lubrication lKljustments and standard maintenance. This is designed specifically to prevent abnormal wear and tear and prolong the useful life expectancy of the units. Extra repair WOtK of parts and materials if needed are !!!!! included. After each maintenance call, a report and checklist shall be furnished to report the facility conditions for: A Normal wear and tear B. Vandalism C. Negligent D. Misuse or abuse Items checked are to be inspected and serviced as warranted during each schedule maintenance call. Track system Trolleys Jams Soffit Switches Hinges Astragals Bottom seals Expandable mechanisms Panel Hardware Pocket areas Pocket doors Other Joint alignmentlwear Phnnbing Alignment Damage/missing Alignment wear Secure Engagement Operation Operation General condition Wear/secure General conditions Operations BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 52 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 responstbility 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-t<Klay policy setting, operation and management of cer1ain defined fi.mctions or areas of respo11S1bility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department heads, the city attomey, chief deputy city attorney and all assistant city attomeys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or conunittee. 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 persormel 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 ftmctions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for pwposes of this division. (Ord. No. 92-2777, SS 1,2,3-4-92; Ord. No. 92-2785, SS 1,2,6-17-92) Cross reference(s)--Definitions generally, S 1-2. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MlAMI BEACH 53 whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the cletk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-l7-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-48l, for the pmpose of self-representation without compensation or reimbmsement, 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 men1bers of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attomey, officer or employee of such person. (Ord. No. 92-2777, ~~ 4,5,3-4-92; Ord. No. 92-2785, ~~ 4, 5, 6-l7-92) 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 attomey, shall maintain signed sign-in logs for all non-city employees or personnel for registration when they meet with any personnel as defined in section 2-48l. (Ord. No. 92-2785, ~ 6, 6-l7-92) Sec. 2-485. List of expenjitures. (a) On October I of each year, lobbyists shall submit to the city eletk a signed statement \Dlder 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 eletk shall publish logs on a quarterIy and annual basis reflecting the lobbyist registrations filed All logs required by this section shall be prepared in a manner substantially :.imilar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045. (c) All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 55 Commissioners or city persormel may not knowingly permit thc::amelves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant connnittee, board or city personnel. (d) The city attorney shall investigate any persons engaged in Iobbying 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 necessaI)', and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person ftom 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-l7-92) BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 56 DMSION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby defined to mean a prolubition on: (a) any conununication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ''), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax F\Dlds administered by the city office of community development, and commW1ications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFl1, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall 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; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions chning any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless specifically prolubited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written commw1ications with the city clerlc. The city cletk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prolubition on: (a) any conunw1ications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city manager and his or her staff, and (b) any oral communication regarding a crtY OF MIAMI BEACH 57 BID NO: 29-00/01 DATE: 04/05/01 particular RFP, RFQ, RFLI, or bid between the mayor, City commissioners or their respective staffs and any member of the city's professional staff including, but mt limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (bX3) and (bX4) hereof, a cone of silence sball be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee 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 the selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the managers recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000.00, when the city manager executes the conlract. (3) Nothing contained herein shall prolubit any bidder or proposer: (I) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city sIaff following the award of an RFP, RFQ, RFU, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional infonnation from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerlc. The city cletk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager sball include in any public solicitation for auditing services a statement disclosing the requirements of this division. (c) Violationslpenalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a cOntract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prolubited from serving on a city evaluation connnittee. In addition to any oIher 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 dimni~. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attorney and/or may file a complaint with the county ethics connnission. (Ord. No. 99-3164, ~ 1, 1-6-99) BID NO: 29-00/01 DATE: 04/05/01 crIY OF MIAMI BEACH 58 ORDINANCE NO 2000-3234 AN ORDINANCE OF TIlE MAYOR AND CITY COMMISSION OF TIlE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DMSION 5, ENTITLED "DEBARMENT', SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled- "Debarment of Contractors from City Wotk" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397 Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City wotk may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection. and not for pmposes of punishment Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions. (a) Affiliates. Business concerns. organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestalion 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 family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or llffilillte following debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. (b) Civil judgment means a judgment or finding of a civil offense by any court of competedt jurisdiction. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 59 (c) Contractor means any individual or oCher legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasooably may be expected to submit offers or be awarded a City contract, including, but not Iimited to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a bidder or proposer from City contracting and City approved subcontracting for a reasonable, specified period as provided in subsection G) below: a contractor so excluded is debarred. (j) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and ifwammted. to impose debannent, (g) PP'8f181'laeNl1'l8e Greater weight of the evidence means proof by information that. compared with that opposing it ,leads to the conclusion that the fact at issue is more probably true than not. (h) Indictment means indictment for a criminal o~. An infuJmation <r oIher filing by u)llIl'dal1 authority charging a criminal offense shall be given the same effect as an indictment (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal pI'OCf'l'1'Iing. The tenn includes appeals from such proceedings. (j) List of debarred contractors means a list compiled, maintained and distributed by the Citys Procurement Office. containing the names of contractors debaned \Dlder 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: (I) Compile and maintain a current consolidated list (List) of all contractors debarred by City departments, Such List shall be public record and shall be available for public inspection and dissemination; BID NO: 29-00101 DATE: 04/05/01 crtY OF MIAM1 BEACH 60 (2) Periodically revise and distribute the Ust and issue supplements, if ~, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the Ust shall be the name and telephone number of the City official responslble for its maintenance and distnbution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further descnbed herein. or other statutory or regulatory authority: (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license mnnber. when applicable; (1) 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 Ust, 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 fium receiving contracts, and departments shall not solicit offers fium. award contracts to, or consent to subcontracts with these contractors. unless the City Manager determines that an emergency exists justifYing such action. and obtains approval fiom the Mayor and City Commission, which approval shall be given by snths 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. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 61 (b) Debarred contractors are excluded from acting as individual sureties. Section 2-401 Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed city contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for 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 2-40S(h) below. except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debannent period may commence upon the conclusion of the contract. subject to approval of same be Snths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contracts. or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control. and such action is approved by Snths vote of the Mayor and City Commission at a regularly scheduled meeting. (d) No further WOtK shall be awarded to a debarred contractor in connection with a continuing contract. where the WOtK is divided into separate discrete groups and the City's refusal or denial of further WOtK under the contract will 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 snths vote. at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or other expenses incum:d by a contractor as a result of rejection of proposed subcontractors pursuant tl:> 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. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 62 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 debarment. however. does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating fuctors should be considered in making any debarment decision. (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 Iimited by its terms to specific divisions, organizational 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 debannent and an opportunity to respond. (c) A contractor's debarment shall be effective throughout City Government Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (l) 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 ftmded in whole or in part with public ftmds: (2) For violation of federal or State antitrust statutes relating to the submission of offers: (3) For commission of embezzlement, theft, forgery, bnbery. fulsification or destruction ofrecon:ls, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding. and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow. a bidder or proposer) based upon a greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract. or a contract or subcontract fimded in whole or in part by City fimds. such as failure to perrorm in accordance with the tenDS of one (1) or more contracts as certified by the City department administering the contract; or the failure to perform. or unsatisfactorily perform in accordance with the terms of one (l) or more contracts, as certified by an independent registered architect. engineer. or general contractor. (2) Violation of a City ordinance or administrative order which lists debarment as a potential penalty. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 63 Section 2-405 Debarment procedures. (a) Requests for the debannent of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person 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 debannent, including the cause and grounds 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 person or persons which prepared the report. present evidence and argwnent to the Debarment Committee (c) Notice of proposal to debar. Within ten wotking days of the Debarment Committee having receivedthe 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. retwn 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 terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based; (3) That a hearing shall be conducted before the 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 descnbe 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) wotking days, prior to the scheduled hearing date, the con1ractor must furnish the City's Procuremen~ Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the Iist,in writing, at least seven (7) wotking days prior to the hearing or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set asidethe waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAMI BEACH 64 (e) Hearsay evidence shall be admissible at the hearing but sball not fixm the sole basis ttt initilltit,g a debarment procedure nor the sole basis ofany determination ofdebA..,lI'.nt, The hearing sbaJl be transcnbed. taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be finnished at the expense and request of the requesting party. (t) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed. material infonnation in the administrative record including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence. the Debarment Committee shall decide what weight to attach to evidence of record, judge the crembility of witnesses, and base its decision on the greater weight of the evidence standard. The Debannent Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) wotking days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and sball include the Committee's fuctual finding<;, the principal causes of debarment as enumerated in this ordinance. identification of the contIactor and all named affiliate: affected by the decision, and the specific tenn. including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (l) If the Debarment Committee decides to impose debarment the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision. specifying the reasons for debarment and including a copy of the Committee's written decision; stating 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, 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 shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406 Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debmnent Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within tile guidelines set forth below. but in no event shall exceed five (5) . years. BID NO: 29-00/01 DATE: 04/05/01 crtY OF MIAM1 BEACH 6S (b) The following guidelines in the period of debannent shall apply except where mitigating or aggravating circwnstances justify deviation: (l) For commission of an offense as descnbed in subsection 2404(aXI); five (5) years (2) For commission of an offense as descnbed in subsection 2404(aX2): five (5) years. (3) For commission of an offense as described in subsection 2404(aX3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(4): two (2) to five (5) years. (5) For commission ofan offense as descnbed 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 debarred contractors 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. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall - not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accornplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. crtY OF MIAM1 BEACH 66 BID NO: 29-00/01 DATE: 04/05/01 SECl10N 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day of Marcb,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 29-00101 DATE: 04/05/01 crtY OF MIAM1 BEACH 67 t r '- - " 4.The transfer of ftmds by a campaign treasmer or deputy campaign treasmer between a primary depository and a separate interest-bearing account or certificate of deposit, and the term includes any interest earned on such account or certificate. (b) Conditions for waiver of prolubition. The requirements of this section may be waived for a particular transaction by city commission vote after public hearing upon finding that: (1) An opetHo-all sealed competitive proposaI has been submitted and the city official/done has in no way participated in the determination of the bid specifications or bid award; (2) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such pl0perty or services without entering into a transaction which would violate this section but for waiver of its requirements; (3) The business entity involved in the proposed transaction is the sole source of supply within the city; or (4) An emergency contract must be made in order to protect the health, safety or welfare of the citizens of the city, as determined by a five-sevenths vote of the city commission. Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution. (c) Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratifY a transaction entered into in violation of this section. (Ord. No. 2000-3244, ~ 1, 5-10-00) BID NO: 29-00/01 DATE: 04/05/01 CfIY OF MIAMI BEACH 69 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAOE (715) SZt-JOSO Associat.' A.a.cies, Inc. 1700 S. Re.orial Drive P.O. lox 470 Re. Castle, IN 47312 Florida Nodarnfold, Inc. 10111 N.W. 53rd Street Sunrisa, FL 33345 ~k Hanover Insuranca INSURER 8: INSURER C: INSUREA 0: INSURER E: res OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD INDICATED. N01WITHSTANDING Nrf REQUIREMENT, TERM OR CONDmoN OF Nrf CONTRACT OR OTHER llOCUMENTIMTH RESPECT TO WHICH THIS CERnFlCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. ....GGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS. 'UR TYPE OF INSURANCE POLICY NUIIBER 'DATE '(1I1111lll/YY) 'DATE (1I111D1lIYY) UIIITS GENERAL L1ABlUTY ~DI 5260617 01/01/2002 01/01/Z0OS EACH OCCURRENCE $ 1,000,000 X COWERClAl. GENERAl LIAllIUTY FIRE DAMAGE (Any one mol s 100,000 I ClAIMS MADE [!] OCCUR MEll ElCP (Anyone_l S 5,000 A PERSONAl. & NN INJURY S 1,000,000 - GENERAL AGGREGATE S 2,000,000 GEN'\. AGGREGATE LlMrr APPLIES PER: PRODUCTS - COMPIOP AGG S 2,000,000 -, POLICY !Xl ~g: n LOC AUTOII08ILE LIA8IUlY I'DI "....~~ 01/01/2002 01/01/Z003 COMBINED SINGLE L1Mrr X I>HY AUTO (Ea_l S 1,000,000 - AU. CMtlED AUTOS - BOOIL Y I'lJURY S SCHEDULED AUTOS j./(J~ (ParpltlCll1) A X HIRED AUTOS ~ BOOIL Y INJURY 7- (Por_l S ~EDAUTOS ...;.;.. - PROPERlY DAMAGE S (Por_l GARAGE LIA8IUlY AUTO ONLY- EAACCIDEHT S =1 I>HY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIA8IUlY ~HI 5260690 01/01/2002 01/01/~003 EACH OCCURRENCE S 5,000,000 :TI OCCUR o CLAIMS MADE AGGREGATE S 5,000,000 A S =1= S S S WORKERS COlIPENSA11ON AND ~NI 5260619 01/01/2002 01/01/Z003 X I TORY LIMITS I IYER- EMPLOYERS" UABlUTY E.L EACH ACCXJeNT S 1,000,000 A E.L DISEASE - EA EMPLOYEE S 1,000,000 E.L DISEASE - POLICY L1Mrr S 1,000,000 ,gTH~ De>i ;oaPTlON OF OP~....1lOHSILOCA ADOED BY ENDORSEIIEHTISPEClAL PROVISIONS BID# 29-00/01 -- Miami Beach Convention Center NOTE: The City of Miami Beach is named as Additional Insured on the General Liability Policy, The Automobile Policy and the Excess Liability Policy listed above. SEE contractual indemnity and hold harmless agreement attached. CERTlr.""" I I AIlllI'llOIlAI.INSURED; INSURER LETTER noN City of Miami Beach SHOULD AW OF THE ABOVE DESCN8E1.' POLICES _ Cl-w-m I sn 8EFORI! 11E EllPIRA110N DATE~, nE__COIIPAIIY-.L__ nlllAlL 1700 Convention Center Drive ..3a.... DAYS WNTTEN II01lCE 10 THE CER11FlCATE HOLDER NAIlED nl THE LEFT, Miami Beach, FL 33139 BI1T FAILURE 10 IIAIL SUCH N01lCE lIHALL 8IPOSE NO 08UGA11ON OR LIA8IU1Y OF AllY IGNDIIPON THE COIIPANY,ITS AGENTS OR REPRESENTATIVES. * AUTHORIZED ..A....... ~~ Garv Thornhill/TIFF , I "'" , lIun "'... Page 2 Of Certificate of Insurance for City of Miami Beach Contractual Indemnity and Hold Harmless Agreement: The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract. BID NO 29-00/01 "STEEL OPERABLE (" AIR") WALLS REfROFIT AND REPAIR FOR THE MIAMI BEACH CONVENTION CENTER". 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. Executed in Quintuplet Lyndon Property Insurance Company Home Office - St. Louis, Missouri Bond Number: CSB 016 9171 AlA DOCUMENT AJI2 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Florida Modernfold, Inc. P.O. Box 451206 Sunrise, FL 33345 SURETY Lyndon Property Insurance Company c/o Cumberland Surety Insurance Company 367 West Short Street Lexington, KY 40507 OWNER (Name and Address): City of Miami Beach 1700 Convention Drive Miami Beach, FL 33139 CONSTRUCTION CONTRACT Date: January 17,2002 Amount: $ Two Hundred Thirty-four Thousand and 00/100 Dollars ($234,000.) Description (Name and Location): Installation of Steel Operable "Air" Walls Retrofit and Repair for the Miami Beach Convention Center. BOND Date (Not earlier than Construction Contract Date): December 19,2001 Amount: $ Two Hundred Thirty-four Thousand and 00/100 Dollars ($234,000.) Modifications to this Bond: I2J None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY - Compahy: Florida Modernfold, Inc. Company: Lyndon Property Insurance Company. Corporate Seal Corporate Seal ~~. Si..- ~p ~ N.m"",mk "-'Pi! t. OMsKY VIce Pl2.tSn I..€-IJ/ (Any additional signatures appear on page 3) s~-~d~;~ Name and Title: Deborah Robertson Attorney-in-Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party) : A.T. Abel Bonds and Insurance, Inc. 125 Airport Parkway, Suite 118 Greenwood, IN 46143 (317) 859-0500 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AlA) BY THE LYNDON PROPERTY INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE LANGUAGE USED IN AlA DOCUMENT AJI2, DECEMBER 1984 EDITION, THIRD PRINTING, MARCH 1987. Al12-1984 1 \ The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.\. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub-paragraph 3. J; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .\ After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notifY the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the<,Owner. '.;rs 6 After the Owner has wrminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.\, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or n<?n-performance ofthe Contractor. 7 The Surety shall no~ ~~ liable to the Owner or others for obligations of the Contractor that !l!Iie unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two yeas after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AlA) BY THE L YNOON PROPERTY INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE - -- ---.- . ~..... .........."r".. ..n1""" 11\0.1. r.T'\ITII""""" 'TUIDT'\ DnJlr..ITTl.ln a.A ^ oru 109., .4.'11'~1()R4 , . 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. II When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms ofthe Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. CONTRACTOR AS PRINCIPAL (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) SURETY Company: Corporate Seal Signature: Name and Title: Address: Company: Corporate Seal Signature: Name and Title: Address: PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AlA) BY THE LYNDON PROPERTY INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE I ""nilAnI' 11~I'n IN AlA DOCUMENT A312. DECEMBER 1984 EDITION, THIRD PRINTING, MARCH 1987. A312-1984 3 ~ Lyndon Property Insurance Company St. Louis, Missouri Bond Number: CSB 0169171 AlA DOCUMENT A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Florida Modernfold, Inc. P.O. Box 451206 Sunrise, FL 33345 SURETY Lyndon Property Insurance Company c/o Cumberland Surety Insurance Company 367 West Short Street Lexington, KY 40507 OWNER (Name and Address): City of Miami Beach 1700 Convention Drive Miami Beach, FL 33139 CONSTRucnON CONTRACT Date:December 19,2001 Amount: $ Two Hundred Thirty-four Thousand and 00/100 Dollars ($234,000.) Description (Name and Location): Installation of Steel Operable "Air" Walls Retrofit and Repair for the Miami Beach Convention Center. BOND Date (Not earlier than Construction Contract Date):January 17,2002 Amount: $ Two Hundred Thirty-four Thousand and 00/100 Dollars ($234,000.) Modifications to this Bond: C8J None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: Florfda Modemfold, Inc. Company: Lyndon.Property Insurance Company Corporate Seal Corporate Seal S;...,re If ~~ Name and Title: hi t.. ~es~y o ct, PR.O; }bCIJT (Any additional signatures appear on page 3) s~rureQkAj'W-~ Name and itle: Deborah Robertson Attorney-in-Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): A.T. Abel Bonds and Insurance, Inc. 125 Airport Parkway, Suite 118 Greenwood, IN 46143 (317) 859-0500 PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AlA) BY THE LYNDON "Df'lP""TY TNSIIRANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE 4 \ The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successor and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this ohligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph \2) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.\ Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount ofthe claim. 4.2 Claimants who do not have a direct contract with the Contractor: .\ Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfY claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. \ 0 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. II No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished. by anyone under the Construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. \3 When this Bond has been furnished to comply with a statutOI)' or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutoI)' or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutoI)' or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutoI)' bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. PRINTED IN COQPERA TION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AlA) BY THE LYNDON PROPERTY INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE , '"''"''''' 11~l'n IN AlA nOCUMENT A312. DECEMBER 1984 EDITION, THIRD PRINTING, MARCH 1987. A312-t984 5 " IS DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonnance of the Contract.. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other tenns thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.} CONTRACTOR AS PRINCIPAL SURETY Company: Company: Corporate Seal Corporate Seal Signature: Name and Title: Address: Signature: Name and Title Address: PRINTED IN COOPERATION WITH THE AMERICAN INSTITUTE OF ARCHITECTS (AlA) BY THE LYNDON PROPERTY INSURANCE COMPANY. THE LANGUAGE IN THIS DOCUMENT CONFORMS EXACTLY TO THE , n'~" .,..,,, "C,,'" "" AlA nnrllMFNT A312. DECEMBER 1984 EDITION. THIRD PRINTING, MARCH 1987. A312-1984 6 LYNDON PROPERTY INSURANCE COMPANY 520 MARYVILLE CENTRE DRIVE, SUITE 500 ST. LOUIS, MISSOURI 6314l-5814 POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS, that LYNDON PROPERTY INSURANCE COMPANY, a Missouri Corporation, having its principal office in St. Louis, Missouri pursuanUo the following resolution, adopted by the Board of Directors of the Corporation on the 27 ~ day of January, 1983. RESOLVED, Pursuanllo Section 3.1 and 4.12 of the By-laws, the following Rules shall govern the execution of the Corporation of bonds, underl1lkings, recognizances, contracts and other writings In the nature thereof: (I) That the President or any Vice President or Assistant Vice President, the Secretary or Assistant Secretary, the Treasurer or Assistant Treasurer or any Attorney-in-Fact may execute for and in behalf ofthe Corporation any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary or Assistance Secretary, /Il1d the seal of the Corporation affixed thereto; and that the President, any Vice President or the Secretary or Assistant Secretary may appoint and authorize Attorneys-in-Fact to execute or to the execution of all such writings on behalf of the Corporation and to affix the seal of the Corporation thereto. The Secretary or Assistant Secretary may not both execute and attest the same bonds, underl1lkings, recognizances, contracts /Il1d other writings of the Corporation. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Corporation in any case as though signed by the President and attested by the Secretary. (3) The signature of the President, or any Vice President or Assistant Vice President, the Secretary or Assistant Secretary, or the Treasurer or Assistant Treasurer and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the certificate bearing such facsimile signature an~ seal shall be valid and binding on the Corporation. (4) Such Attorneys-in-Fact shall have authority to certifY or verifY copies of this Resolution, the By-laws of the Corporation, and any affidavit of record of the Corporation necessary to the discharge of their duties. This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: A. T. Abel. Deborah Robertson its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation as follows: Bonds guaranteeing the fidelity of persons holding plaees of public ot private trust, guaranteeing the perfonnance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, provided the amount ofno one bond exceeds Two Million Five Hundred Thousand and 00/100 Dollars 152.500.000.001: and to bind LYNDON PROPERTY INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of LYNDON PROPERTY INSURANCE COMPANY, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confinned. In Witness Whereof, LYNDON PROPERTY INSURANCE COMPANY ofSt. Louis, Missouri, has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this ~ day of..Mm:ro., 19.22.. State of Missouri County ofSt. Louis ss: LYNDON PROPERTY INSURANCE.cOMPANY BY: ~j)-2Aa~ R LAND G. ANDERSON, President On this the~ day of March, 19..22., before the subscriber, a Notary Public of the State of Missouri in and for the CountyofSt. Louis, duly commissioned and qualified, came ROLAND G. ANDERSON of Lyndon Property Insurance Company to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal fixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument. m'~_-:i}i;_~,__,.m~M~~+ My COl\'IrIll$$tOn~1 01/ll8f2OO2 I, Richard C. Hackett, Secretary of the Lyndon Property Insurance Company, do hereby certifY thallhe foregoing is a true and accurate copy of a Power of Attorney, executed by said Lyndon Property Insurance Company which is still in full force and effect. In Wibless Whereof, I have hereunder set my hand and affixed the seal of said Cor'pOratioilat St. Louis, Missouri, this 17th day of' January LYNDON PROPERTY INSURANCE COMPANY ~G!f~/ .20 02. State of Missouri County of St. Louis ss: :.';<,,\', , , '~).