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HomeMy WebLinkAboutBid 118-99/00 13th St. GarageINVITATION TO BID 13TH STREET PARKING GARAGE RENOVATION BID NO. 118-99/00 BID OPENING: AUGUST 4, 2000 AT 3:00 PM Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 DEPARTMENT CITY OF MIAMI BEACH CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:~ci.miami-beach.fl.us PROCUREMENT DIVISION Telephone (306) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 118-99/00 NOTICE TO CONTRACTORS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 4th day of August, 2000 for: 13TH STREET PARKING GARAGE RENOVATION Scope of Work: This Project consists of renovation to the existing City of Miami Beach Municipal Parking Garage located at 1301 Collins Avenue, including the renovation of the elevators, office area, ticket dispensing, painting and new lighting. The Work includes demolition, concrete, masonry walls, reinforced concrete, stucco, hollow metal doors and frames, hardware, glazing, lathing and plastering, exterior finishes, toilets, plumbing, heating, ventilation, air conditioning, electrical systems, lighting, and communication-alarm-signal systems. Interior finishing and related construction, along with mechanical and electrical installations are required in accordance with the specifications. At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be retumed to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 10:00 a.m. on July 26, 2000, at the First Floor Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one-hundred (100%) percent of the contract amount. Package request forms are available by calling City of Miami Beach Procurement Division's DemandStar.com system at (407) 975-3227 and requesting Document #1183. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than seven (7) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CONE OF SILENCE," IN ACCORDANCE WITH ORDINANCE 99-3164. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE "CODE OF BUSINESS ETHICS", ("CODE") IN ACCORDANCE WITH RESOLUTION NO. 2000-23879. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CITY OF MIAMI BEACH DEBARMENT ORDINANCE NO. 2000-3234. Gus Lopez, CPPO Procurement Director CITY OF MIAMI BEACH 1700 CONVENllON CENTER DI~JE MIAMI BEACH. FLOrIDa, 33139 INVITATION TO BID NO. II S-99/00 ADDENDUM NO. 1 August 7, 2000 13th S~reet Park~g Garage Renovation is amended as follows: I. H. Fac~.'~lie (30~) &T3.?I,SI The Bid Opening date is changed from August 4, 2000 g9 August 14. 2000 at 3:00 P.M. Replaee: Page 5 of original with attached Page $ (Amended). .Add: attached Page 6 (Amended) Schedule of Values. Note: Contact DemandStar for drawings M-I and M-2 (mechanical). III. I,i,ted below are question~ and answers to prospective bidder(s) inquirie~: QI. What are the ~.~,rldng da).% and hourv permitted by the City ro complete this project? Al. The permitted working days ar~ Monday thru Friday, from 7:30 A.M. to 6:30 P.M. Q2. What areas of garage are to be coated? A2. The ~'~ffic deck coatiag is to be applied to all horizontal surfaces including p~kin~ Q$. Is there going to be re.stripping in the garage? A3. Th~ garage is to be re-stripped as part of this project. Follow present stripping layout except al haadicapl:~! areas where new stall si~ and stripplnE is iadicaled al each level The bidder mu~t aclmowl~lge receipt of this amendment, as well as receipt of all amendments, on the proposal pa~c. CITY OF lVflAMI BEACH Gus l.q~z. CPPO l~~t Dim:tot THE AMERICAN INSTITUTE OF ARCHITECTS ,4390 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that U~gosa En~::[.ne eF'l_ng ) ZZlC. as Principal, hereinafter called the Principal, and a corporation duly Orlaflized uAder the lam of the State of as Sure~. hereinafter ull~ ~e Sure~, are held and fi~ly bound C1~ of ~ ~h as Oblijee, hereieafler called the Oblilee, in the sum of Five percent of amount bid Dollars ~ 5:[ L for the paymenl of which sum well and truly to be made, the said Principal and the said Surety, bind c~ur..elves, our he/rs, executors, administrators, successors and us/ins, joindy and kwera!!y, fin'nly by these presenu. WHEREAS, the Principal has submitted · bid for 13th Street )~rnicipa~ Parking Garage Renovations SiJfl~ ~fl~ seaJ~ ~;s 28~ ~y of July ~ 2~ ~ Brett Josenhm, s, fl'~/e; Attorney iu £act & Florid,. Resident Asent INSTITUTJ OP AACI. ilI'~CTS, g3S N.Y. A~1.. N.W., WA~,.JINd~TON, O.C. ~ ,~ MoLrNTBATTEN SURETY COMPANY, INc. Power of Attorney KNOW AZ_I. MF.N BY TllF~lr PRESF_.NTS: That The Mountbatlen Surety Company, Inc., a co~oration of the Conmnonwealth of Pennsylvania, t ts t~e and lawful Atlomey tn Fact, to make, execute and dehver en ite beh~f ifi~ur-a/lCe []OIIClCS, S~ty bonds, unde~akzngs and other ms~umen~ ora sirn~lat nature as ~[OT TO ~.XCgr~D SIX Mn t !t)N OOt.L,~. ~{$ Such imutance policies, surety bonds, undertakings and inst~menu for said purpo~s, when duly executed by thc aforesaid Attomey-in-FacL shall be binding upon the said Coq~oretiofl as fully and to the same extent as if signed by the duly authorized ot~cers said Atlomey-in-Fact, pursuant to the authority hereby ~iven, ate hereby ratified and confirmed. of thc Co .rporadofl and sealed w~th ira corporate seal; and all the acts of Tht~ appom~len! m made pursuant to the following By-Laws which were duly adopted by the Board of Directo.-s of the said Corpora~on on Augur 28 1992 w~th all Amondmonls tl~-reto and ate still in flail fore and effect: 'Article ~rl: Pohctes, Bonds, Re'cogn tmas St~pulahons, Con.~nts of Surety, Underwriang Undertakings, and Instruments Relating Thereto. Seetiee 12-1. Insurance policies, bonds, recognitions, stipulations, consent~ ·. other wtitinp mlatifl8 in any way thereto or to any claim or Insa thereunder, shall be signed in the name and on behalf of the Corporation: a) by thc Cha~m-,an o£surcty and underw~ang undertakings of the Corporation, and relea~.~ a~'eemenL~ and Board, the President or a Vice Pre~idenL and t~ Chairman of the by the Sectets~ or an Aasistam Senreta~; or b) by an At~orney-ifl. Faul for the Corporation appointed and authorized by time detomllne. Board, the President, or a Vice President to make such signature; or c) by such other o~cers or representatives as the Board tray eom time to The sea~ of/be Corporation shall if appropriate he affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as pre~nibed in ' thc Board of D~rectots or by anythe tns~'Ument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by penofl empowered to make such appointment.' IN WlTN~_qq WIIERKOF, ~ Mounthenen Surety Company, [nc. has caused these presents to he duly signed and its coq~orate seal to be hereunto affixed and duly atlastod ~ 241~ day of J'une, t998. .~o ylvaniardnneth L. Brior~ Prdlid~nt :ounty ef Memlomery ~ ~ 244~ day o~June, I ~98, before me pem~aHy appeared Kenneth L BHer Pt~a ..... Moon~tl~n - ~'" !.q~_uaie~led,,~e:~i~?.meduly~vora, said em he re~idea in lbe t..~._-:_,_-,.' .u~n_,mt.ne Surety company, lec withwho-, ..... - ~rpora~ s~r~, Uxat ~t was ~o ...... u~c corporate seal o f the satd Corporation; that the seal affixed-t~/ ...... orpor~on by ~ auGToHty. ' ' ' ' he signed his name thereto as President ofsaid ;ed) ~ Nots~ Public --' ' ' ' .?vl..d~d. in Section 12-1 of the By-Law,z ofTbe Monatha~m . ,._e~ml~. Theu~eofaprintodfa~ '~.^e~__ ?.. _'~'otu~m,owingpmvi~onaoftheBv ~,~,,rn~.u~ .~.~_.Sum~_C?mpmy, lnc · ~ Io sagn m Ibc . pu~uen Art~le XII, Section 12.1 . . 'noa 12-1 ,-~m I~--a' ..... nameam:lon beknlfoftbeCnn~r, mon .... T... ....... oflbeBy-Lawsal~eml~tend seal and such m~nature had been manually af/?~.ed and made.' g undortak~s, ot other tmmmm~ts des~m'b~l in said September.q._O00 Regosa Engineering Mr. Gu, !.t-pez. CPPO ?rocuren',,z,lt (3ircctor Cib of Mi:mil Beach. ! 700 Conx enrk',n Center Dr. Mianu Beach. Florida 33139 I')car. L,'r [ cq:.e According a ith Section 07180 "Traffic Coating", Par~ 2 (product), we would like to inform you that Regosa Engineering Inc. studied in its totality the set of plans as well as the technical specifications of the above referenced Project. We x~ onld like to note. upon reading the requirements to compose a bid for this project, Regosa Engineering inc. has complied v. ith all requirement. Due to that concern o£the other contractor, we have reviewed the specification once more. To our knowledge the products we plan to use comply and/or are o£equal tc thc technical specifications. If for any reason, the owner or architects are not satisfied with the product ~e are planing to use. Regosa Engineering, Inc. will change the product to any olethe three (3) companies a~ m,£ed in Section 7180. "Traffic Coatings" of the Technical Specifications. Any determination x~ill not affect the lump sum Contract. Let us remind 3 ou that Regosa is an enterprise with a trajectory of approximately thirteen (13))'ears in the Construction environment, ten (10))'ears of which had been ora commercial relation with the City of Miami Beach. If)ou ha~e an) additional question please do not hesitate to contact us at your earliest convenience. Sincerel:. -~/3,/ice-p?~ideh$' Regosa Engineering. Inc. ~ Co,rate Seal ~ JIG/Iv. C,. this the tX ,.;r,-,. 2 2,'-3~ betorc m~' under.*'tgned .%'o~ry P~bltc ~t~ S~d offS. ~rs~l~ ~d: JUAN JOSE GOMERO ~ .VOTARY ~~ 46 Northwest 36th Streetr Miami, Ffouda 33127 · (305i 576-7450 · Fax: 576-7096 BID PROPOSAL FOR 13TH STREET PARKING GARAGE RENOVATION PROPOSAL PAGE ! OF 5 PROPOSAL OF (Address) (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the 13TH STREET PARKING GARAGE RENOVATION and more particularly set forth herein. SUBMITTEDt~ -- _/')/fi,/' TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that no person or persons, firm or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full examination of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to-wit: BID NO: 118-99100 CITY OF MIAMI BEACtl DATE: 07114100 4 Attachments BID No. 118.09/00 BID PROPOSAL FOR 13TH STREET PARKING GARAGE RENOVATION PROPOSAL PAGE 2 OF 5 This bid shall include corn for furnishing to the City all material, equipment, and supplies and for all cos~ incurred in completing the work, including irmallation of all materials, equipn~nt, and supplies fumisbed. complete in place ~nd t~ty for continued service, including all tie-in work and (es~ing~ all other labor, pennil f~s, taxes, insurance, miscellaneous costs, overhead and profit. The Contractor shall be Sabstml~ly Completed with the Work within ninety (gO) caleadat days after the dale when ~e CoaL, act Time comrr~flces to nm as provided in paragraph 2.3 of ~he General Con~iitions, ~.d completed ami nmty tm' ami payment ~ am-humimt-lm (110) mlemtar days after the date when the ConLract Time comm~ces to mn. Lump Sum: NOTE: THE CONTRACTOR WILL DELIVER THE EMERGENCY GENERATOR WITHZN SEVENTY (70) CALENDAR DAYS FROM THE ISSUANCE OF ~ NOTICE TO PROCEED. BID No. 11~-99/00 BID PROPOSAL FOR 13TH STREET PARKING GARAGE RENOVATION PROPOSAL PAGE 3 OF 5 ADDENDUM ACKNOWLEDGMENT ADDENDUM NO. NO. Bidder accepts all of the terms and conditions of the Bidding Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: Bidder has examined copies of all the Bidding Documents, the Notice to Contractors, the Proposal Requirements and Conditions, and the following Addenda (receipt of ali which is hereby acknowledged): Bidder has familiarized itself with the nature and extent of the Contract Documents, Work Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementm3, Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC4.2 of the Supplementary Conditions of the extent of the technical data contained in such repons and drawings upon which Bidder is entitled to rely. do Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (b) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents.including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations. investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. __. BID NO: I 1l..99/00 CITY OF MIAMI BEACH DATE: 07114/00 6 BID No. 118-99/00 BID PROPOSAL FOR 13TH STREET PARKING GARAGE RENOVATION PROPOSAL PAGE 4 OF 5 Bidder has reviewed and checked all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to Bidder. FIRM'S NAME (Print or Type): TELEPHONE NUMBER: ~:r~'~"-~l~ BID NO: 118-99100 CITY OF MIAMI BEACH DATE: 07114100 7 PROPOSAL PAGE 5 OF $ The undersigned further agrees to perform ali necessary "Extra Work", as provided for in the General and Supplementary Provisions and to execute the attached Contract within ten (I 0) calendar days after the date on which the Notice of Award has been given. The undersigned further agrees to commence work under this Contract within seven (7) days following the date indicated 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 stipulated 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 caleodar day that passes after the Contract Final Completion date that the Work is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to furnish sufficient and satisfactory bond in the sum of not less than (100%) one-hundred percent of the contract price of the work. The undersigned further agrees to bear full cost of maintaining all work until the final acceptance, 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 DOllars $ 74q, 027. OO Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attached Contract under the conditions of this Proposal; · otherwise, said Bid Bond is to be returned to the undersigned upon the delivery of Satisfactory Bond. Telephone Number BID NO: I I~,~)10~ CITY OF MIAMI BEACH DATE: 07114/00 8 Bid Form City of Miami Beach - Invitation to Bid No. 118-99/00 13th Street Parking Garage Renovation Schedule of Values Division No. D~r. rio,i,~n Unit Unit Price Extended Price ~ ~_~-~,co~ut~o~ ES S S "/O.Z?~.O0 2 si~ewor~ ES s s V/Y, 0~§.$0 3 ~ ~s s s ~, 17~.oo s ~ ~s s s 19,78o.~ e w~~ rs s s 7 ~ & Moi~e LS S S ~ ~. ~0 8 ~~s LS s s g,~O~.~ e ri.~s LS s s ~, m s~,b~ LS s s I~, ~00. dO 14 ~v~ssy~ LS S .... S ~g, e~.O0 ~S ~ LS s s 97, 7~0.~ ts3m F~ ~ LS S S 69, OOO. O0 J m'rtu~: s 74q,027.00 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the. City of Miami Beach, Florida: Principal Office. ~,6t(X~/g/9 ~ _.,~"M~W'~ CD . How many years has,your organization been in business as a General Contractor under your present business name?~~'J. Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? ~ State of Florida occupational license - state type and number: Dade County certificate of competency- state type and number: ~/'~t~t"" ~f')._~'~ ?' .z~/~7,~' City of Miami Beach occupational license - state type and number:. /~ '~ . Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor /~ - (B) As a Sub-Contractor What contracts has your organization completed? . Contract Amt Class of Work When Completed Name/Address of Owner Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or anotllag company name) due to failure to comply with contractual specifications? ff/-~' ~ so, where and why? ~ If BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 07114100 9 Has any officer or partner of your o~anization ever failed to complete a construction contract handled in his own name? ~ If so, state name of individual, name of owner, and reason thereof i/, -- In what othe. r lines of business are you financially interested or enoaoed9 " · Give references as to experience, ability, and financial standing What Bank or Banks have you arranged to do business with during the course ofthe Contract should it be awar~ Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. I HEREBY CERTIFY that the above answers are tree and correct. BID NO: I I~-~)/00 DATE: 07114100 CITY OF MIAMI BEACH 10 (SEAL) (SEAL) NOTARY lwo~i~ b*i'AT~ O1: ~A ~lO~ ~. ~ ~N ~r. ~LY 7~ 13TH STREET PARKING GARAGE RENOVATION CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name 2) 3) Address Contact Person Telephone Number 4) Company Name Address Contact Person Telephone Number Company Name Address Contact Person Telephone Number Company Name · Address Contact Person Telephone Number BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 07114/00 I I LIST OF, CARS -&- EQUIPMENT ENGINEERING INC. OWN BY RRGOSA i. YR. MAK~ 79 MAJ~ 1. YR. ~ '11 MAK~ CHEVY 3. YR. MAK~ I~ ~ 4.. YR. MAIC~ 92 MAIC~ CH~VY S. Yil. MAi(~. ~7 MAi~ JEEP 6. YR. MAKE 99 MAICE FORD ~ FICK-UP TRUCK VAN TYI'~ flCK4.JP TRUCK - OAKBAOE TYPg VAN TYPg PICK-UP TRUCK TYPg CHEROK~ TYI~ PiCK-UP TIUJCK i. YB. MAK~ 9~ ~ JHON DEEi~ 2. Y~. MAK~ ~ MAIC~ MON DEEIt~ 3. YR, MAKE fig MAKE FORD 6'HAND 2 TABLE 3 SAW SAW I METAL BENDING 3 CtflP AND.HAMMF_q 3 HAND SAWS 2 W~.nlNG EQUIPMENT '4 CIRCULAR SAW ! ~CUn ~MI. I C~(ENT DF, IU, 2~OUN MODgL 310E MODKL S.STS ~REGOSA ENGINEERING INC. - BOARD OF DIRECTORS Ak~ (:~ SKN~y M NW3~*~m4[ 30S-S'~.74.10 D~ T'M~ STATE OF FLORI~. DEPARTHENT OF BUSINESS ~ND PROFESS~ONA~ REgULaTION CONST INDUgTRY LICENSINQ BOARD 7960 ARLINQTON EXPREggNAY gTE 300 JACKgON¥[LLE FL 322tl-7467 (904) 727-6530 gOMERO, DRAgUISA HARIA REQOSA ENgINEERINg 46 NN 36TH gTREET FL 331~7 I0~A~OFFLO~IDA AD S?~DD ~ DEPART~EN? OF BUSINESS AND I PROFESSIONAL REGULATION l CC -C057gB~ $1/~9/~99 990146901 CERTIFIED ROQFZNQ CoNTRACTOR J ~OHERO, DR~JISA Iq~RIA REGOSA ENQINEER;NQ INC IS CERTIFIEO ~~* 489 ~ ~: AUG 31, ~000 DETACH HERE STATE OFFLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSINQ BOARD 79&0 ARLINQTON EXPRESSWAY STE 300 JACKSONVILLE FL :3'2211-74&7 (904) 727-&~30 QOMERO, dUAN ~OSE RE~OSA EN~INEERIN~ INC 46 NW 36 ST MIAMI FL 33127 ~ ~Ta,~; STATE OF FLORIDA CERT I F IED-..PLOHB ZNe ~RACTOR RE.SA ENQIN~N~ CERTIFIED ~;~ ~=: AU~ 31, 2000 DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONST INDUSTRY LICENSINO BOARD 7960 ARLINQTON EXPRESSWAY gTE 300 JACKSONVILLE FL 32211-7467 (904) 727-6530 QOMERO, JUAN JOSE REGOSA ENGINEERING INC 46 NW 3&TH ST MIAMI FL 33127 STATE OF FLORIOA Exp~rat~o~ Data: AUO 31, 2000 DETACH HERE F- AMENDMENT #1 - AGREEMENT 3.3 Savings - The City of Miami Beach and Contractor recognize that both parties will benefit financially should the Project be completed prior to the contract time specified in Paragraph 3.1 of the Contract (Agreement). Accordingly, for eachcalendar day that the contract work is accepted by the City prior to the contract time specified for Substantial Completion in Paragraph 3.1 of the Contract (90 calendar days) the Contractor shall receive as liquidated savings for early completion, the mount of Five-Hundred Dollars ($500) per day. The total liquidated savings payment shall not exceed $15,000. Such payment will be made after final acceptance in accordance with Section 9.7 of the General Conditions, entitled Acceptance andFinal Payment. The liquidated savings payment amount represents a reasonable estimate of the City's savings for inspection, engineering services and administrative costs realized from early completion. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 11/2/00 13 AGREEMENT THIS AGREEMENT made :his ,,~_.~ day of O~ ~', A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of 'the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "13TH STREET PARKING GARAGE RENOVATION" bysaid City, do hereby mutually agree as follows: This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within ninety (90) calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 oftbe General Conditions, and completed and ready for final payment within one-hundred-ten (110) calendar days after the date when the Contract Time commences to run. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 07114/00 12 ¸5. o 3.2 Damages - Cityand Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No. I, 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 iftbe Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contmotor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after the time specif'R~l in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 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. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 07114/00 All documents shall be executed satisfnctorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. !0. Il. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal. attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. Contract Price: $ .~r_/./,~ ~_,~. O0 The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. AL) (Authorized Corporate Officer) Mayor CITY OF MIAM1 BEACH Title ATTEST: City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION BID NO: 118-991~0 CITY OF MIAMI BEACH DATE: 07114/00 14 Bond No. SEIFSU0260844 I'ERFORMANCE BOND (This boml tnccl~ and cxce¢¢Is the requirements of Florida Slatutcs Section 255.05) STATE OF FI,ORIDA ) sS COUNTY OF ) KNOW ALL MEN BY THESE pRESENTS that we, Regoaa Engineering, Ins:~ _ as Principal, hereinafter called Commctor, and Intentional Fidelity Insurance C~urctv' are firmly bound unto the ('~ o~'Mia~!fi ~ . .. , · .~ , > · even Hunared ~or~y m~ety Beac ~, Florida, as Obli:gec, hcrcinallcr called thc (',ly, m Ibc [ coal sum. O~gusan~ ~even Dollars Dollam ($ 7)~,~27-00 .), Ibr the payment of which sum well and truly to oc mime, wc renu ou~clvcs, our hoirs, cxecutom, administrator, successo~ and assigns, jointly and severally, fim~ly by thc~c pre,cots. WllEREAS,Contmctor, onthc 2nd dayof October ..,~ 200~ntemdinloaccfl;fin contract with the City, hereto attached, for BID NO, I18-09/00, Entitle% "13TH STREET PA RKING GARAGE RENOVATION" which Conimct is made apa~ hereof by mfbrence lhemm. NOW, TIIEREIrORE, TIlE CONDi'I'ION OF'i'HI8 OBLIGATION IS SUCH, that. if file Contmcloe shall well and truly pe~brm and thlfill all the under, kings, covenants, terms, conditions and agmcmoWs of said Contract, and all duly authorized modifications ofsaid ('ontmct Ihal ~lay hcmallcr be made. notice of which modifications lo thc Sum~ ~ing hereby waived, then this obligulion shall be void: olhcnvisc lo remain in fidi {brae and effect. WHENEVER tim Principal shall be and is declared by the (:ity to be in delhult under the ('ontract. or whenever the ('ontmct has been le~inaled by dcfimll ortho Contmclor. thc City having pm'lbmmd the ('iw's obligations thereunder, tiao Surety shall: 1. Complem the Contract in accordance with its temps and conditions, or at the sole option. 2. Obtain a Bid ur Rids Ibr submission lo Ihe City for comp!cling thc ('onlmcl accordance with ils terns and conditions, and upon detun~ination b7 Ibc City and Surety of the lowest responsible Bidder, ammge for a (:ontmct between such Bidder ami Ibc Cily, and make available as Work progresses (even though there should be a delhul~ or a m~ccu~siun ul'dc~mlls u.dcr Ibc Contract or Contracts of complclion arranged under this pamg~tph) su~ciont l~mds lo pay tho coat of completion lc~a tho balance of the ('ontract price; but nol exceeding, including other costs and damages paragraph hereol~ Tho t~ "balance oflh< Contract phew" aa uacd in this paragraph, ~hall mean the total amount payable by the ('ity to the Contractor under the ('ontmct and ally amondamnt~ tho~lo, less thc umount p~pcrly paid by Ihe ('ily h) ( 'ontmctor. BI[) NO: I DATE: 07/14100 (':I'I'Y (H" MIAMI BI';ACII 15 No riBht t.d'auli~.~n .~hall accrue on this Bond lo or Ibr Ibc usc t~l'any per'goo or ct'~q~o~,'nlion olhcr Ihnn thc ('ity named herein or thc succcss~rs ~r nssignces thereof'. The ,Surely shult i~nd do~ hereby agree to indemnil~, Ibc City ..,nd hold it ht~nnl~s oF, From und ag~insl an7 ~nd all ~iability. It)~s, cost, damage or expense, including mnsonable attorneys engineering and architecture[ Ibis 0r other professional semites which the City may incur or which may accn~ or b~ i~po~d upon it by reason of any n~gligcnc~, dcfi~ult, act ~nd/or o~ission on p~ ol'lhu C'ontmclor, :u~y Subcontractor and Contractods or Subconln~clo~ agents, sc~nls and/or employees, in, ilboul c~r on account of thc (;onstmction offthe wo~ and perfi~ance ol'said ('ontract by Ih~ ('ontmctor. This Bond shall remain in lull force and ctlbcl Ibr sus;h period or periods o1' time after date ol'acucplancc ol'lh¢ projoc! by thc C.'ity as are provided tbr in the (?ontract l)ocuments, and the (:ontractor hereby guarantees to rcp~ir or replace lbr ~l~e said periods all work pcrtb~'mcd materials and cquipmenl I't,rnished. which were not pcrl'or~ncd or lbrnishcd acc:ording to the terms ol'the £'ontmc[ [}octlm~$1s. Il'no specific periods of warranty are stated in the ('ontract I)ocumcnt.~ for ~ny p~rticular item ol'work, material or equipment, the Contractor hereby guarantee.~ the same fi~r a minimum period ol'one (1) year I'mrn thc date of Iinal acceptance by thc ('ily of Ihc entire pm.i¢ct. Any suit on this bond must be instituted within such period or periods as may be provided by law. liB) ~0: 118-99/00 I)ATI,:: 07114/110 CI'I'Y OF MIAMI It, I(ACII 16 IN WITNESS WIIERF4)I", Ibc nbovu bounded parties I~'tve cnused this I}ond to be cxeculcd by Ihcir uppropriatc o{]]cials ol'lhc 30th , dliy oF October ,~ 2000 . WITNESS: PRINCIPAl,: (If'sole Proprietor or partnership) (];[rm Name) ~L) 19 BY I'RINCIPAL (If Corporation) Regosa F..ng~ neer~ ng, Inc. COUNTEIC~IGNED BY RESIDENT FI,ORIDA AGENT OF ~1~ (Copy of Agent's current i,icense as issued by State of lqorida Insurance Commissioner Bre~t Rosenhaus (CORPORATE SE^L,) SURETY: International F~delity Insurance Company By: Attorney-in-fact Brett Rosenhaus (Power of Attorney must be attached) BID NO: I Ig-~J/00 CITY OF MIAMI BEACH DATE: 07114/00 17 CF. RTIFICATES AS TO CORP(.tIt. ATE PRINCIPAl. I, in the It,mgoing~,d: Ihnt ,~~ ~ ~ whosigncd the~idh(,nd nn hehalf,,fth~ P~ncipal, was then ~~aid Cu~onttlon; that I kno~ h~ s~natur~, and h,s s~gnatur~ het'~l~ genuine: m~d that snid bond was duly signed, sealed, and attested liar and in behalf' of snid ~'rA'l'g oF FL()RlgA ) Bulbrc mc. a Notltry I'ublic, duly commissioned, qt,alified ,'md ,'tcting, perso,ally appenrcd Brel:l: .................... Rose~aus. .... to me well known, who I~ing by me flint duly sworn upun oalh, says that he is the Attorney-in-Fact, Ibc thc Inte~atto~l Fidelity and thai he has bccn aud]u~zud by Insurance Company Personally ~ tO cxucutc thc Ibrugoing bond un ~hall'id'lhe ('ontactor named therein in fi~vor of thc City ur Miami Beach, Florida. SubscNbed and sworn heft>re me this 30th day of October .~) 2000A.D. ~- / ~ota. public / S~te of i:lorida-at-i ~arge ;~ My ('omm~ssion Expi~; ~q'~. rap. ~y ~, 2003 ~omm. ~. CO&S.~43 BID NO: 118-g9/00 (:I'I*Y 01,' MIAMI BEA(:II I)ATE: 117/14/1111 LABOR AN[) MATERIAl, PAYMENT BOND (SEC'I'IOIN 255.05, FI,ORIDA STATIITI",S) Bond No. SEIFSU0260844 "~' BY 'rills IIOND, We, Regosa ........ Engineering, Inc. . as Principal. and International Fidelity ,. Insurance Company as corporation, as ~u~ y, ~rc bound h~ thc ('i~ of ~iami ~ch, ,.. Seven Hundred F~r~v N~e ~ouMand Florida. as obligce, herein culled Cily. in Iht sum or ~ ~enty Seven ~ 00/100 for thc ( $ 749,027.00 ) Dollars of' which we bind ourselves, otlr heirs, porsonal ~p~Crllilllvc~, S~CCU$~O~ ilt~t] ilssJgllS, jointly and severally. THE CONDITION OF Tills BOND is ti'mt ifl'rincipal: l'romptly makes payments Io ifil chdmant~, us defined in Section 255.05 (I), F. S.. supplying I'rincipa[ with labor, matcfial~, or supplies, used directly t,r indircclly by 1'6ncipal in ~e prosecution or'the work provided lbr in the contntct; and Pays C'ily a Il losses, damages, expenses, cost.q, and attorney's thcs, including app¢llatt: proceedings, that Ihu £ ily .~ ~sl ins in cnlbrcemcn! of this bond. I'erlbm~s thc guarantee of all lubor and malcrials lhmishcd under Ihe contract Ibr tile time spccilied in thc contract, then this bond is void, olher,,vise it rcm:tins in Ihll Any changes in or under the contract (hx:mncnt.~ and compliance or m'mcompli:,~cc wilh troy Ibrmalil its conncm'cd with tim contract o~ !he changes docs not alti:ct Surety s ohlign!i.n under Ibis bond, Thc provisicms .1' Scclion 255.05, F. S., are spccit~cally adoplcd by rclbrcnce and made a part hcrcof for 1 hc purposes spcci fled I herein. The contract dated October 2,2000 between 1he ('ity und l'r/ncipal is made a part ol"this Ilond by rclbrcncc. ('laimants arc advised that Suction 255.05, F. S., contains notice and time limitation provisions which must bc .q'triclly omni'died with. BID NO: I IN-Out/IlO CTI'Y OI.' ~ilAMI BEACII DATE: 0?114100 19 IN WITNESS WllER.ECH,', the above bounded parth.'s.' havu uau~ud this Bond to ho cxcoulud by their ,'~pp,'oprintc ot'fi¢inls oflhe 30th day o1'__0.?t°b~ _, ~ 2000 W ITN F, SS: PRINCIPAl.: BY Title: (Sule Proprietor or Partner) Piti NCi PA1. (If Corporation) COUNTERSI(;NED BY RESIDENT FI,ORIDA AGENT.OF.S~ (Copy of Agent's currenl I,icense as issued by State of Florida Insurance Commissioner Brett Rosenhaus (CORPORATE SEAL) SURETY: International Fidelity Insurance Company AIIorncy=in-fact Brett Rosenhaus (Powcr of Al{orney must be attachcd) Fill) N(): 118-991011 CITY OF M/AM! BEACII DATE: 07114100 20 CERTIFICATES AS TO CORPORATE PRINCIPAL I,/~',~,ff~'~..~' 6~r'z't~-,q:erti f'y that I am the Secretary ofthe Corporation named as principal in the foregoing Don. d; that k~'~2'~'~:.4,/'/2 t~7"~s'ho signed the said bond on behalfofthe Principal, was then ./P~,'""~.3 ...3,G~..%W"~_~f said Corporation; that I know his signature, and his signature hereto is /~e; and said bond was duly signed, sealed, attested behalf&said Corporation by that and for and in authority of its governing body. retar~ ;/ Seal STATE OF FLORIDA ) sS COUNTY OF ) he is the Attorney in Fact, for the Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared / ~,.-('xqc' /~g'<( 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. (Atxach Power of Attorney) ~ ~ -~ ~blic S~te of Flo~-at-~e ~EJ~DROCU~ My commission Expi~s: ~A~X P~UC ~AX~ O~ ~O~mA COMM~ION NO. C~5~1 MY COMMISSION ~P. ~LY BID NO: 115-99100 CITY OF MIAMI BEACH DATE: 07/14100 21 I~ws of the S~ ( w~l a~ome s m fa~ to ~e~, seal and de~ver for ~0n i~ ~half ~ ~. h~ ~d a~ ~ads ~ ~nde~, ~nt~ of i~,~-~ ~-~ - [~t~d~ y(~' ' ,. ' .. ~_ ..-~_~ ~_~:~A g~.t~ 5~ ~l~ ~2m~,contra~or~e~e,a~ CO~ t~ ~flv and amnly, to ~l lnten~ ana pu~ses, ~ lt ~e ~a~ na~.~en uU~y ca~u~ ......... pdnci~ offi~. ~e ~sident ~ any Vice ~sident. ~e~6ve Vi~ ~esident. Sec~ or ~is~nt ~re~, sh~l have ~wer ~nd (1) To ~int ARo~eys-in-fa~, and m au~od~ ~em to exe~te on ~half of ~e. Comp~y, ~d ~ch ~e S~I of ~e Co.ny ~e~to. ~nds and unde~ngs, contm~ of mde~ ~nd o~er w~dngs ob[ig~ in ~e n~re ~ereof and. ~) To re--ye, at any ~. any su~ ~mey-in-fa~ and ~voke ~e ~odty given. Fu~er, ~is ~wer of ARomey ~ signed and sealed by facsi~e ~ant to resol~on of ~e ~ard of Dii~o. of s~d Co.ny ad.ed ~ a ~edng duly called ~nd held on ~e 29~ day of April, 19~2 of which the following is a tree ex~t: Now ~erefore ~e ~gna~res of such offi~rs and ~e sea] of ~e Core.ny ma~ ~ ~Fmed W ~y su~ ~wer of facsi~le, and any such ~wer of atto~ey or ~ificate ~adng such facsi~le ~gnamres or facsi~e semi shall ~ch ~wer an exe~d and ~fied by facsi~le signatures and facsi~le segl shall ~ valid ~d binding u~n ~e Co~ny in &e f~ w~ re~ to any ~nd or under.ag to which il ~ a~hed. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELFrY INSURANCE COMPANY' has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 3 Ist day of August, A.D. 1998. INTERNATIONAL FIDEL~CE COMP~N~_ STATE OF NEW JERSEY ~ ~ Coanty of Essex . On this 3 Isl. day of August 1998. before me cam9 ~e i~n._dividu, al. who e.x~e~cu~e~d.~.e.,.~r~e~e.d]n~.~nn~mm~eat;~toetm~e ~l~n t sworn, said the he ts the therein described and authonzea olncer ot me l~ i r~,~na · Iutn~,a...v.t,, · · ,,,ov~, .~. , said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. iN TESTIMONY WHEREOF, I have hereunto set mY hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2000 CERTIFICATi~N i I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby cev3fy that I have compared thc foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of thc By-Laws of said Company as set foRh in said Power of Attorney, with the ORIGiNALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcriPts thereof, and of the whole Of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effeCt iN T~STIMONY WHEREOF, I have hereunto sct my hoodthis30 t~' day ~f :: 0ct:o~er 2000 TOT,qL p.~2 INSURANCE REQUIREMENTS See Insurance Check List for applicability to this contract. The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of drainage or injury to property or persons used or employed on or ~ connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutoD' requirements of the State of Florida. ii. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. iii. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. iv. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. vi. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. vii. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. BID NO: 118-99/00 CITY OF MIAMi BEACH DATE: 08/4/00 23 VIII. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. ix. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through tl~ mere existence of the project under contract. BID NO. 118-99/00, "13TH STREET PARKING GARAGE RENOVATION". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and finnish a copy of the Hold Harmless Agreement to the insurance agent and carder. ii. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Man~ger. BID NO: 118.-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 24 The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the temfination thereof. g. If bidder does not meet the insurance requirements of the specifications; aitemate insurance coverage, satisfactory to the Risk Manager, may be considered. ho 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: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 25 INSURANCE CHECK LIST Workers' Compensation and Employers Liability per the Statutory limits of the state of Florida. XXX Comprehensive General Liability (occurrence fora0, limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each occurrence - owned/non-owned/hired automobiles included. Excess Liability - $1,000,000.00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: __ Builders Risk completed value $ .00 __ Liquor Liability $ .00 __ Fire Legal Liability $ .00 __ Protection and Indemnity $ .00 __ Employee Dishonesty Bond $ .00 Other $ .00 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may by required within five (5) days after bid opening. Bidder Signature of Bidder BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 26 DIVISION 1 General Provisions Section ! DEFINITION OF TERMS 1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals, Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City Commission. 1.3 "Board" - The City Commission oftbe City of Miami Beach, Florida. 1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida. 1.5 "City Manager" - Chief Administrator of the City Commission. 1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized assistants. 1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all necessary inspection of the materials furnished and of the work performed by the Contractor. 1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work contemplated, acting directly or through a duly authorized representative. 1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or corporation with whom a Contract has been made by the City. 1.10 "Superintendent" - Executive representative for the Contractor present on the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and capable of superintending the work efficiently. 1.11 "Surety" - The corporate body or individual which is bound by the Performance and Payment Bonds with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. 1.14 "Plans" - The official approved plans, profile, typieai cross-section, general cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 27 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 perfomsing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract. 1.17 "Special Provisions" Specific clauses additional to these Standard Specifications, setting forth conditions peculiar to thc project under consideration. In case of any discrepancy between the Standard Specifications and thc Special Provisions, the Special Provisions arc to govern. 1.18 "Supplemental Agreement" - A written agreement between the Contractor and the City Engineer, covering alterations and unforeseen work incidental to the project. 1.19 "Contract" - The written agreement covering the performance of the work and the furnishing of labor and materials in the proposed construction. The contract shall include the "Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and Material Bond" also any and all "Supplemental Agreements" required to complete the work in a substantial and acceptable manner. 1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of the Contract. 1.21 "Payment Bond" - The security furnished by the contractor and the surety as to guaranty that the contractor will pay a claimant. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. 1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans or in the Proposal as contemplated improvement. 1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the information as to his ability to perfom:t the work, his experience in similar work, and his financial condition as related to his ability to finance the work. 1.24 "Substantial Completion" - When construction is sufficiently complete in accordance with the contract documents, so thc owner can occupy or utilize the work or designated portion thereof for thc usc for which it is intended. A Certificate of Substantial Completion signed by thc A/E of Record, thc contractor and approved by the City must be submitted in order to consider thc work substantially complete. Moreover, thc substantial completion shall also be linked, for the City's convenience, to thc iss,,ance of a Temporary Certificate of Completion or Temporary Certificate of Occupancy by thc Building Official. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 28 Section 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact that the estimate of quantities of all work to be done and materials to be furnished under the Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only as a basis of calculation upon which the award of the Contract is to be made. The City does not assume any responsibility that the final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. 2.2 Examination of Plans, Specifications, Special Provisions, and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be assamed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of these Specifications, Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be considered prima facie evidence that the Bidder has made examination. 2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All blank specifications for which quantities are shown must be filled in ink, in both words and figures with the unit price for the item for which the proposal is made. The bidder shall also state the time in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is made by an individual in his own proper person or under a trade or firm name, he shall execute the same under his individual trade or firm name, he shall execute the same under his individual signature and his post office address shall be shown. If made by a copartnership the proposal shall be executed for the copartnership, by setting out in full the names of the partners and the firm name of the partnership, if any, and signed by one or more of the partners, and the post office address of each of the partners shall be shown. If made by a corporation, the proposal shall be executed by setting out the corporate name in full, followed by a statement that it is incorporated and existing under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and pe~itted to transact business in this State, and signed by its President, or other authorized corporate officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal place of business shall be shown. 2.4 Rejection of Irregular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Fo~-~, made payable to the City of Miami Beach, Florida. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 29 2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which shall be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the date and hour stated in the "Notice to Contractors." 2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2.9 Disqualification of Bidders - Only one Proposal from an individual, firm, parmership, or corporation, under the same or different names, will be considered. Should it appear to the Board that any bidder is interested in more than one Proposal for the work contemplated all Proposals in which such Bidder is interested will be rejected. The right is reserved to reject the proposal fi.om a bidder who has not paid or satisfactorily settled all bills due for labor and material on former contracts with the City or contracts with the same in force at the time of receiving bids. 2.10 Competency of Bidders - Bidders must be capable of performing the various items of work bid upon. They shall furnish a statement covering experience on similar work, a list of machinery, plant, and other equipment available for the proposed work, and shall Furnish statements of their financial resources as requested in the Questionnaire. If the available evidence of competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be rejected. 2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any and all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries shall be equal in all respects to the samples submitted. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 30 Section 3 AWARD AND EXECUTION OF CONTRACT 3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and read, the correct summation of the products of the approximate quantities show~ in the Proposal, by the unit bid prices, will be considered the bid. The amounts will then be compared and the results of such comparison will be available to the public. Until the final award of the Contract, however, the right will be reserved to reject any or all Proposals and to waive technical errors as may be deemed best for the interests of the City. 3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest responsible Bidder whose Proposal shall comply with all the requirements necessary to render it formal. The award, if made, will be within ninety (90) days after the opening of the Proposals, but in no case will an award be made until ail necessary investigations are made as to the responsibility of the Bidder to whom it is proposed to award the Contract. 3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately following the tabulation of Bids, except those of the three lowest Bidders. These gt!o~ranties will be returned within ten (10) days following the award of Contract, except that of the successful Bidder, which will be returned after a satisfactory Bond has been furnished and the Contract has been executed unless surety is forfeited because of bid withdrawal. 3.4 Contract Bond Required - The successful Bidder entering into a Contract for any portion of the work will be required to give the City Surety in a sum equal to the amount of the Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be acceptable to the City, and executed on the form furnished. In case of default on the part of the Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond, including both Engineering o_nd Legal services, shall lie against the bond. 3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract with the City, and return them to the City Engineer. No proposal will be considered binding upon the City until the execution of this Contract. 3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond as provided herein within ten (10) days from date of award shall be just cause for the annulment of the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible Bidder or the work may be re-advertised or may be constructed by day labor, as the City may decide. 3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to furnish certified copies of: Excerpts from the By-Laws; Excerpts from the Minutes or Resolutions of the Governing Body; Power of Attorney appointments, and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to execute such documents, and of the companies bound thereby to do business in the State of Florida. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 31 Section 4 SCOPE OF THE WORK 4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a substantial and acceptable manners, and when completed, shall remove all surplus and discarded material and equipment and leave the site of the Work in a neat, acceptable and finished condition. He shall furnish, unless otherwise provided in "Special Provisions," al implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the Work. He shall maintain the finished Work until its formal acceptance by the City, as herein provided, and mm it over to the City as a whole, complete, free from defects, and ready for use in full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract. 4.2 Special Work - Proposed construction or requirements not covered by these Specifications will be covered by "Special Provisions" and perforated or complied with by the Contractor. 4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer to make from time to time such alterations in the Plans or in the character of the work as may be considered necessary or desirable to complete fully and perfectly the proposed construction and such alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of the quantity of work to be performed, and should added or eliminated work be of the same character as that shown on the original plans, the Contractor shall accept payment in full at the Contract Unit Price for the actual quantities of the work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Work as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force Account" Basis given the Contractor. BID NO: ! 18-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 32 4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove all obstructions that may come in the way of the contemplated improvements, such as pavements, sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other obstructions encountered either above or below the surface of the ground and dispose of them in such manner as the Engineer may direct. All work prescribed and involved under this heading shall be considered as incidental to and included in the unit price bid for the particular Work in which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any material which is not within the excavation, as indicated, without written authorization from the Engineer. Materials in old structures removed by the Contractor to allow the construction of new structures, and not needed by the City,, may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the Contractor as directed by the Engineer. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 33 Section 5 CONTROL OF THE WORK 5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working Drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans furnished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any work involving these plans shall be perfmmed. Plans for cribs, cofferdams, falsework, centering, and form work may also be required, and in such cases shall be likewise subject to approval unless approval be waived by the Engineer. It is understood, however, that approval by the Engineer of the Contractor's working drawings does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be responsible for agreement and conformity of his working drawings with the approved Plans and Specifications. The Contract price shall include the cost of furnishing all working drawings and the Contractor will be allowed no extra compensation for such drawings. 5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any such deviations from the approved Plans and working drawings as may be required by the exigencies of construction will in all cases be determined by the Engineer and authorized in writing. 5.4 Coordination of Plans, Specifications, and Special Provisions - These Specifications, thc Plans, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooporativc, to describe and provide for a complete Work. In case of discrepancy, figured dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special Provisions shall govern over both Specifications and Plans. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 34 5.5 Cooperation of Contractor - The Contractor will be supplied with copies of the Plans, Specifications, and Special Provisions. Thc Contractor shall have available on the Work at all times, one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the constant attention necessary to facilitate the progress thereof and shall cooperate with thc Engineer and with other contractors in every way possible. The Contractor shall at all times have a competent English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and Specifications, as his agent on thc Work, who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders or directions of thc Engineer without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the amount of work sublet. 5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed; also to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under Centract; 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 furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. If the Engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. After examination the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 35 5.8 Failure to Remove and Renew Defective Materials and Work - Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these Specifications within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. 5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall within ten (10) days, unless otherwise provided, make the final inspection. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 36 Section 6 CONTROL OF MATERIALS 6.1 Source of Supply and Quality of Materials - At the option of the Engineer the source of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accorclance with the methods referred to under Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work. 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and axe acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable - unless specifically stated otherwise. 6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. 6.4 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately bom the site of the Work, up. less otherwise pcsmitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 37 Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor must familiarize himself and comply with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance with them. He shall indemnify and hold harmless the City, the Architects and all of its officers agents, and servants against any claims or liability arising from, or based on, the violation of any such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees 7.1.1 The requirement of Chapter 3lA, Section 27-31 Prevailing Wage is a requirement of many construction contracts that exceed $1,000,000.00. 7.1.2 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION Prospective bidders should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate their receipt of future notices of solicitations when they are issued. Potential bidders may contact DemandStar.com at (800) 711-1712 or register on-line at www.demandstar.com. It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. 7.2 Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. 7.3 Patented Devices, Materials, and Processes - It is mul~_~_ally understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 38 indemnify and save harmless the City from any and all claims for i~d'dngement by reason of the use of any such patented design, device, material, or process, to be performed under the Contract, and shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay, by reason of any such infringement, at any time during the prosecution or after completion of the Work. 7.4 Right of Way - In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such right-of-way is denied the City. The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such extension of time for the completion of his Contract as may be determined by the City to be reasonable. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra ~Vork." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.5 Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work. In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have tbe authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 39 7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 7.8 Closing Streets - Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon the closing and/or opening of each street or section thereof. 7.9 Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 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 pemfit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 40 7.12 Preservation of Property - Thc Contractor shall preserve from danger all property along thc line of Work, the removal or destruction of which is not called for by thc 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 thc Contractor it shall bc immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to any department or public service corporation controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work. In such case of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteratim of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Damage, Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. 7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or fi.om the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. BID NO: ! 18-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 41 7.15 Opening of Section of Work for Service - Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any way an acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear, pending completion and acceptance of the Work, shall be performed at the expense of the Contractor. 7.16 No Waiver of Legal Rights - The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 42 Section 8 PROSECUTION AND PROGRESS 8.1 Subletting or Assigning Contracts - The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to uny individual, firm, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract shall in uny case release the Contractor of his liability under this Contract und Bond. 8.2 Progress of Work - It is understood und agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, und shall provide un adequate force of labor und equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion as set forth in the attached Proposal or Contract, except that where the Contractor has more thun one uncompleted Contract with the City, he is not to commence unother Contract nor place materials on the streets thereof without the consent of the Engineer. 8.3 Limitations of Operations - The work is to be confined, at uny one time, to five squares, not to exceed 1,500 feet in length; und while the work is actually going on, as much as half th~s length may be barricaded to entirely exclude tra_~c, 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 tra~c until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessa~, provided such structures do not interfere with the reasonable use o£the streets or sidewalks. The size, location, und construction of these must be subject to the approval of the Engineer. The Contractor hereby agrees to arrange his work und dispose his materials so as not to interfere with the operations of other contractors engaged upon adjacent work und to join his work to that of others in a proper manner in accordance with the spirit of the Pluns und Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations und maintain the Work in such condition that adequate drainage shall be in effect at all times. 8.4 Character of Workmen and Equipment - The Contractor shall employ such superintendents, foremen, und workmen as are careful and competent. Whenever the Engineer sh~ll determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work und shall not again be employed on it except with written consent of the Engineer. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 43 All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient experience in such work to properly and satisfactorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to furnish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. 8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work 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 Work and shall not remove any equipment, tools, lumber, or other materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. 8.6 Computation of Contract Time for Completion of the Work - Contractor shall perfmm fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be detemfined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory execution and completion of the Contract shall require work or material in greater value than set forth in the Contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the Work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance of his work by reason of BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 44 the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth in the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of Agreement The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non- performance. Nothing in this clause shall be construed as limiting the right of the Board to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as set forth and provided for in the General Provisions, Special Provisions, and Specifications herein contained. 8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perfo~iii anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period often (10) days after such notice shall not proceed in accordance therewith, then the Board shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 45 All costs and charges incurred by the Board, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the CiO/the amount of said excess. 8.9 Termination of Contractor's Responsibility - This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the Board as hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond, and except as provided in Article 7.16 of these Specifications. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 46 Section 9 MEASUREMENT AND PAYMENT 9.1 Measurement of Quantifies - All work completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater area than aathorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for ali risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement. 9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by tie Engineer, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent of thc sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 47 © For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as heroin provided shall be received by the Contractor as payment in full for Extra Work done on a force account basis. The Contractor's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed Work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment. If the total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied claims. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 48 9.7 Acceptance and Final Payment - Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the Board, provided that the Contractor has furnished to the Board a swom affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE fi-om the A/E of record, approved by the City. BID NO: ! 18-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 49 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 Section 10 SPECIAL PROVISIONS WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish satisfactory evidence that he has complied with the Workmen's Compensation Act of the State of Florida, and any amendments thereto, and all laws pertaining to the protection of his employees. BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank draft of any National or State bank, or Bid Bond payable to the order of the City of Miami Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid shall accompany each proposal. The Performance and Payment Bonds shall each be in the amount of one hundred (100%) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for restoration of all property including City property. LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise occasioned either directly or indirectly by the work provided for under the Specifications herein, shall be assumed by the Contractor and the City Commission and all its officers, agents, employees shall be indemnified and saved harmless therefrom. FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to become familiar with existing conditions at the site. PERMITS: The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction pemfits issued by the City of Miami Beach. 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. LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary precautions to protect work already accomplished. Any work that the contractor finds necessary to provide during the above days and times, must obtain written permission from the Property Management Director or designated representative. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 $0 Technical Specifications Plans and specifications prepared by Bermello, Ajamil & Partners, Inc. 1. Technical Specifications: DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - SUMMARY OF WORK (Pages 01010-1 - 01010-2) SECTION 01027 - APPLICATIONS FOR PAYMENT (Pages 01027-1 - 01027-6) SECTION 01035 - MODIFICATION PROCEDURES (Pages 01027-1 - 01027-3) SECTION 01040 - PROJECT COORDINATION (Pages 01040-1 - 01040-5) SECTION 01045 - CUTTING AND PATCHING (Pages 01045-1 - 01045-6) SECTION 01050 - FIELD ENGINEERING (Pages 01050-1 - 01050-3) SECTION 01095 - REFERENCE STANDARDS AND DEFINITIONS (Pages 01095-1 - 01095-21) SECTION 01200 - PROJECT MEETINGS (Pages 01200-1 - 01200-5) SECTION 01300 - SUBMITTALS (Pages 01300-1 - 01300-11) SECTION 01400 - QUALITY CONTROL SERVICES (Pages 01400-1 - 01400-5) SECTION 01500 - TEMPORARY FACILITIES (Pages 01500-1 - 01500-7) SECTION 01600 - MATERIALS AND EQUIPMENT (Pages 01600-1 - 01600-8) SECTION 01631 - PRODUCT SUBSTITUTIONS (Pages 01631-1 - 01631-5) BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 51 Technical Specifications (Cont.) SECTION 01700 - PROJECT CLOSEOUT (Pages 01700-1 - -1700-7) DIVISION 4 - MASONRY SECTION 04220 - CONCRETE UNIT MASONRY (Pages 04220-1 - 04220-16) DIVISION 5 - METALS SECTION 05500 - METAL FABRICATIONS (Pages 05500-1 - 05500-13) DIVISION 6 - WOOD AND PLASTICS SECTION 06100 - ROUGH CARPENTRY (Pages 06100-1 - 06100-8) SECTION 06402 - INTERIOR ARCHITECTURAL WOODWORK (Pages 06402-1 - 06402-10) DIVISION 7 - THERMAL AND MOISTURE PROTECTION SECTION 07180 - TRAFFIC COATINGS (Pages 07180-1 - 07180-8) SECTION 07920 - SEALANTS AND CAULKINGS (Pages 07920-1 - 07920-10) BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 52 Technical Specifications (Cont.) DIVISION 8 - DOORS AND WINDOWS SECTION 08111 - STANDARD STEEL DOORS AND FRAMES (Pages 08111-1 - 08111-8) SECTION 08710 - DOOR HARDWARE (Pages 08710-1 - 08710-12) SECTION 08800 -GLASS AND GLAZING (Page 08800-1 - 08800-5) DIVISION 9 - FINISHES SECTION 09220 - PORTLAND CEMENT PLASTER (Pages 09220-1 - 09220-10) SECTION 09250 - GYPSUM BOARD (Pages 09250-1 - 09250-11) SECTION 09512 - ACOUSTICAL TILE CEILINGS (Pages 09512-1 - 09512-9) SECTION 09900 - PAINTING (Pages 09900-1 - 09900-13) SECTION 09960 - HOMOGENOUS SHEET VINYL FLOORING (Pages 09960-1 - 09960-6) DIVISION 10 - SPECIALTIES SECTION 10240 - ARCHITECTURAL GRILLES (Pages 10240-1 - 10240-4) SECTION 10810 - TOILET ACCESSORIES (pages 10810-1 - 10810-4) BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 53 Technical Specifications (Cont.) DIVISION 13 - SPECIAL CONSTRUCTION SECTION 13000 - EXTERIOR SERVICE WINDOW (Pages 13000-1 - 13000-3) DIVISION 14 - CONVEYING SYSTEMS SECTION 14200 - PASSENGER ELEVATORS (Pages 14200-1 - 14200-21) DIVISION 15 - MECHANICAL SECTION 15010 - GENERAL PROVISIONS (Pages 15010-1 - 15010-5) SECTION 15023 - CODES AND STANDARDS (Pages 15023-1) SECTION 15044 - GENERAL COMPLETION (Pages 15044-1) SECTION 15047 - IDENTIFICATION (Pages 15047-1 - 15047-2) SECTION 15090 - SUPPORTS, ANCHORS AND SEALS (Pages 15090-1 - 15090-4) SECTION 15180 - THERMAL INSULATION (HVAC) (Pages 15180-1 - 15180-4) SECTION 15410 - PIPING (PLUMBING) (Pages 15410-1 - 15410-4) SECTION 15421 - DRAINS, FLOOR SINKS AND CLEANOUTS (Pages 15421-1 - 15421-2) SECTION 15450 - PLUMBING FIXTURES AND TRIM (Pages 15450-1 - 15450-2) BID NO: 118-99/00 CITY OF MIAM1 BEACH DATE: 08/4/00 54 Technical Specifications (Cont.) SECTION 15510 - PIPING (HVAC) (Pages 15510-1 - 115510-3) SECTION 15722 - AIR COOLED SPLIT AIR CONDITIONING UNITS (Pages 15722-1 - 15722-2) SECTION 15890 - DUCTWORK (Pages 15890-1 - 15890-3) SECTION 15908 - TESTING AND BALANCING (Pages 15908-1 - 15908-3) SECTION 15910 - DUCT ACCESSORIES (Pages 15910-1 - 15910-4) SECTION 15940 - OUTLETS 0tVAC) (Pages 15940-1 - 15940-3) DIVISION 16 - ELECTRICAL SECTION 16010 - BASIC ELECTRICAL REQUIREMENTS (Pages 16010-1 - 16010-2) SECTION 16100 - ELECTRICAL WORK (Pages 16100-1 - 16100-7) SECTION 16620 - EMERGENCY STANDBY ELECTRICAL SERVICE SYSTEM (Pages 16620-1 - 16620-7) SECTION 16721 - FIRE ALARM AND DETECTION SYSTEMS (Pages 16721-1 - 16721-6) Drawings/Plans for the City of Miami Beach Municipal Parking Garage Renovation, 1301 Collins Avenue Miami Beach Florida 33139 ("13th Street Parking Garage Renovation") (dated June 16, 2000/Revised June 21, 2000) (Project No. 9452.001) (Sheet gAl-l, A2-1 - A2-4, A3-1, A4-1 & A4-2, A5-1, M-1 & M-2, EI-I & El-2, and E-2 - E-5) BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 55 DIVISION 3. LOBBYISTS Sec. 2-481. Definitions, The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all deparlment heads, the city attorney, clef deputy city attorney and all assistant city attorneys; however, all dep~uanental pcsonnel 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 principalwho seeks to encourage thc passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney,officer or employee. Quasi-judicial personnel means the membersof the planning board, the board of adjusUnent and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, §§ 1, 2, 3-4-92; Ord. No. 92-2785, §§ 1, 2, 6-17-92) Cross reference(s)--Definitions generally, § 1-2. Sec. 2-482. Registration. (a) O) (2) (3) (4) (5) ©) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Everyperson required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: His name; His business address; The name and business address of each person or entity which has employed the registrant to lobby; The commissioner or personnel sought to be lobbied; and The specific issue on which he has been employed to lobby. (b) Any change to any hformation originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the regiswation forms, althoul~ no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue ahall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 56 (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (0 In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October I of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, t'mancial, familial or professinna[ relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identifial on the lobbyist registration form filed. (h) The regis~ation fees required by subsections (a) and (t') of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee requited for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce om trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, § 3, 3-4-92; Ord. No. 92-2785, § 3, 6-17-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjusnnent, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or oppositim to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, boardor commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, §§ 4, 5, 3-4-92; Ord. No. 92-2785, §§ 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employeesor personnel for registration when they meet with and personnel as def'med in section 248 I. (Ord. No. 92-2785, § 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statementshall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substanially similar to the logs prepared for the state legislature pursuant to F.S. § 11.0045. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 57 © All members of the city commission and all city personnel shall be diligent to ascertain whether persons required to register pursuant to this section have complied with the requirements of this division. Commissioners or city personnel maynot knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying betbre the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, § 6, 3-4-92; Ord. No. 92-2785, § 7, 6-17-92) BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 58 DIVISION 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 prohibitbn on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not 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'sprofessional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. a. A cone of silence shall be imposed uponeach RFP, RFQ, RFLI, and bid aiter 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 disclosingthe requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation 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 subsequeut 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 confcences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations wire city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any timewith any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (I) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particula~ 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 regarahg 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 oaher staff. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement &said RFP, RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendationas to the selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that ifti~e city commission refers the manager's rec~nmendation back to the city manager or staff for further review, thecone 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 contract. BID NO: 118.-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 59 (3) Nothing contained herein shall prohibit any bidder or proposer: (1) 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 staff following the a~ard of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional iuformation, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copia 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 mee~g regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disc losing the requirements of this division. © Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shal subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation cf this division shall report such violation to the state attorney and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, § 1, 1-6-99) BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 00/4/00 60 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING [IVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled- "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397 Purpose o£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 work may be undertaken. (b) The serious nature of debarment requires that this sanction be imposed only when it is in the public interest for the City's protection, and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions. (a)Affiliates. Business concerns, organizations, lobbyists or other individuals are affiliates of each other if, directly or indirectly. (I) either one controls or has the power to control the other, or (ii) a third part controls or has the power to control both. Indicia of control include, but are not limited to. a fiduciary relation which results from the manifestation of consent by one individual to another that the other shall act on his behalf and subject to his control, and consent by the other so to act; interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or a business entity organized by a debarred entity, individual, or affiliate 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/ud~ment means a judgment or finding of a civil offense by any court of competent jurisdiction. © Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate), submits BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 61 offers for is awarded,, or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, bidders, proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business, with the City as an agent,, representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense, be it a felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict ora 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 Ci~ contracting and City approved subcontracting for a reasonable, specified period asprovided in subsection (i) below: a contractor so excluded is debarred. 69 Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted, to impose debarment, (g) ~,~k,~,,,,~,,.,,,,~, 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 offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) Legal proceeding means any civil judicial proceeding to which the City is a party or any criminal proceeding. The term includes appeals from such proceedings. O) List of debarred contractors means a list compiled, maintained and distributed by the Ci_tys Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399 List Of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: (1) Compile and maintain a 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; (2) Periodically revise and distribute the List and issue supplements, if necessarv, to all departments, to the Offtce of the City Manager and to the Mayor and City Commissioners: and BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 62 (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution. (b) The List shall indicate: (1) The names and addresses of all contractors debarred, in alphabetical order; (2) The name of the department that recommends initiation of the debarment action; (3) The cause for the debarment action, as is further described herein, or other statutor~ or regulatorF authority: (4) The effect of the debarment action: (5) The termination date for each listing; (6) The contractor's certificate of competence or license number, when applicable; (7) The person through whom the contractor is qualified, when applicable: (8) The name and telephone number of the point of contact in the department recommending the debarment action. © The City's Procurement Office shall: (1) In accordance with internal retention procedures, maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof, to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List: and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400 Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from. award contracts to, or consent to subcontracts with these contractors, unless the City Manager determines that an emergency exists justifying such action, and obtains approval from the MaFor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularl¥ scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives subcontractors or partners of other contractors. (3) Debarred contractors are excluded from acting as individual sureties. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 63 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 lnterest (RFLI). or bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disquahfication from consideration on any RFP, RFO. RFLI. or bid. (b) The debarment shall take effect in accordance with the notice provided by the City Manager pursuant to subsection 2-405(h) below, except that if a City department has contracts or subcontracts in existence at the time the contractor was debarred, the debarment period map_ commence upon the conclusion of the contract, subject to approval of same be 5/7ths vote of the Mayor and City Commission at a regularly scheduled meeting. © 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 delco/ or time extension for reasons beyond the contractor's control, and such action is approved by 5/7ths vote of the Mayor and City Commission at a regularly scheduled, meeting. (d) No further work shall be awarded to a debarred contractor in connection with a continuin,e contract, where the work is divided into separate discrete groups and the City's refusal or denial of further work 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 5/7ths vote. at a regularly scheduled meeting. (b) The City shall not be responsible for any increases in project costs or omer expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2- 402(a) above, provided the subcontractor was debarred prior to bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP. RFO. RFLI, or bid. Section 2-403 Debarment. (a) The Debarment Committee may, in the public interest, debar a contractor for any of the causes listed in this ordinance, using the procedures outlined below. The existence ora cause for debarment, however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making arr~ debarment decision. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 64 (b) Debarment constitutes debarment of ali officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, 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 debarment and an opportunity to respond. © A contractor's debarment shall be effective throughout City Government. Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commission ora fraud or a criminal offense in connection with obtaining, attempting to obtain, performing, or making a claim upon a public contract or subcontract, or a contract or subcontract funded in whole or in part with public funds: (2) For violation of federal or State antitrust statutes relating to the submission of offers: (3) For commission of embezzlement, thefi, for£ery, briber~, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee ma~ debar a contractor, (and, limited instances set forth hereinbelow, a bidder or proposer) based upon a ~, eisa,,,,,'=, a,,ce the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract, or a contract or subcontract funded in whole or in part by City funds, such as failure to perform in accordance with the terms of one (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 (1) or more contracts, as certified by an independent registered architect, engineer, or general contractor. (2) Violation ora City ordinance or administrative order which lists debarment as a potential penalty. Section 2-405 Debarment procedures. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 65 (a) Requests for the debarment of contractors may be initiated bp a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt ora 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 CiO' Commission with the duty of t~rom~tlv investi£atin£ and t~rel~arin~ a written report(s) concerning the proposed debarment, including the cause and grounds for debarment, as set forth in this ordinance. (3) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shah act as staff to the Debarment Committee and, with the assistance O f the C;;r ,,~l~,,, ;,,,e,i; person or persons which prepared the report, present evidence and argument to the Debarment Committee © Notice of proposal to debar. Within ten working da~s of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, bp certified mail. return receipt requested, or personal service, containing the following information: (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 base& (3) That a hearing shall be conducted be_fore 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 b¥ an attorneF, mc0/present documentar~ evidence and verbal testimonF, and ma), cross-examine evidence and testimonF presented against it. (4) The notice shah also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of time within which to do so, the contractor 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, andfor good cause, may set aside the waiver to be heard at the hearing, and its decision may only be reviewed upon an abuse of discretion standard. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 66 Hearsay evidence shah be admissible at the hearing but shah not form the sole basis for initiating a debartnent procedure nor the sole basis of any determination of debarment, The hearing shah be transcribed taped or otherwise recorded bp use ora court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requestin£ t~artv. (19 Debarment Committee's decision. In actions based upon a conviction or _judgment, or in which there is no genuine dispute over material facts, the Debarmerment Committee shah make a decision on the basis of aH the undisputed, material information in the administrative record. including any undisputed, material submissions made bp the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, /udge the credibility of witnesses, and base its decision on the pi-epv,,defiai~ce greater weight of the evidence standard. The Debarment Committee shah be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. The Committee's decision shah be in writing and shah include the Committee's factual _findings, the principal causes of debarrnent as enumerated in this ordinance, identification of the contractor and aH named affiliate: affected b¥ the decision, and the specific terrn. including duration, o_f the debarment imposed Notice of Debarment Committee's decision. If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice bp certified mail, return receipt requested, or hand deliver~, within ten (10) working days of the decision, specifying the reasons_for debarment and including a copy of the Comrnittee'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 shah notify the contractor and an¥ named affiliates ;,ivv,!ved ,b¥ certified mail return receipt requested or personal service, within ten (10) working days of the decision. (I) All decisions of the Debarment Committee shah be final and shah 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 stav of the debarment decision in accordance with the Florida Rules of Appellate BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 67 Procedure. Section 2-406 Period of debarment. (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines se(forth below, but in no event shall exceed five (5) .Fears. (b) The_following guidelines in the period o_f debarment shall app!F except where mitigating or aggravating circumstances just~f~ deviation: (1) For commission of an offense as described in subsection 2404(a)(1); five (5) Fears (2) For commission of an offense as described in subsection 2404(a)(2): five (5) veers. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(54): two (2) to five (5) Fears. (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to_five (5) _wars. © The Debarment Committee mav, in its sole discretion, reduce the period of debarment, upon the contractor's written request, for reasons such as: (l ) NeWlF 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 ,,~baimeii;debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The CitF's Procurement Office, with the assistance of the affected department shall have thirtF (30) deals_from receipt of such request the ~,, j_ _,_2__. ~*.,__ ,',_L . ~ ..-, .... , .... a, _ _ to submit written response reto. ,,,~ ,,~,o,~,,, ~t ,,,,= ,..~o,,,.,~,,, ,~v,,,...~ ,~.,,,,,o: ~, BID NO: 1 ! 8-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 68 SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article, " or other appropriate word. SECTION 4. REPEALER, All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February, 2000. BID NO: 118-99/00 CITY OF MIAMI BEACH DATE: 08/4/00 69