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Concrete Repairs for 17th Parkg ..7 CJO 3 - -~E~'1c;, CITY OF MIAMI BEACH, FLORIDA PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 CONSTRUCTION CONTRACT DOCUMENTS PROJECT MANUAL FOR THE FOllOWING PROJECT(S): CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE INVITATION TO BID NO.: 67-02/03 http:\ \www.miamibeachfl.gov romanmartinez@miamibeachfl.gov Telephone: 305.673.7490 Facsimile: 305.673.7851 BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 1 CITY CLERK " ~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY lC\ ...... Condensed Title: Award of a Contract to Lemark Corporation for Structural Repairs and Maintenance Work at the 17th Street Parking Garage in the Amount of $321,173.76 pursuant to bid 67-02103, and Appropriation of Funds in the Amount of $132600. Issue: Shall the Commission Award a Contract to Lemark and Appropriate Funding? Item Summa /Recommendation: The City of Miami Beach Building Department issued a Notice of Violation for the cracks developed at mid span of the pre-cast beams inside the 1 tt' Street Parking Garage. A study was requested from the original Engineer of Record, Bliss & Nyitray, which Included a visual Inspection with recommendations and a test measuring changes and movements in the cracks throughout the Parking Garage. The report from the Engineer Included several locations where concrete spalllng had occurred and the need for repairs is evident. After the test was performed, a repair method for the cracks at the mid span with a flexible epoxy, capable to allow the beam to move as originally designed, was agreed to between Bliss & Nyitray and the City Building Department Structural Engineer. Such epoxy was found and several test repairs were performed at the site. Invitation to Bid No. 67-02103 was issued on August 26, 2003, with an opening date of October 14, 2003 for the structural repairs, waterproofing and maintenance repairs. In addition the City's Building Department requested a Special Inspector. . Based on the analysis, the City recommends that the contract be awarded to the lowest and best bidder, Florida Lemark Corporation to provide the construction services required pursuant to Bid No. 67-02103 for the concrete restoration and repairs to the City of Miami Beach17th Street Parking Garage and the a~propriation of the funds, in the amount of $132,600, for the structural and maintenance re airs at the 17 Street Parkin Gara e. Advisory Board Recommendation: I N/A Flnanclallnfonnation: Source O";f Funds: Finance t. ["~ijij.:.(::ft;;,'}l': $132,600 $132,600 ~." '. City Clerk's Office Legislative Tracking: IJECh AGENDA ITEM C 7 C DATE IhlJ'-D3 80 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.m1amlbeachft.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez .--;1' City Manager ~/"L- Date: November 25, 2003 To: A RESOLUTION OF THE MAYOR AND TY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AWARDING A CONTRACT TO THE LOWEST AND BEST BIDDER, FLORIDA LEMARK CORPORATION, IN THE AMOUNT OF $321,173.76, PURSUANT TO BID NO. 67-02/03 FOR THE CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI ,BEACH 17TH STREET PARKING GARAGE, AND APPROPRIATING FUNDS, IN THE TOTAL AMOUNT OF $132,600 FROM PARKING REVENUE BOND FUND 481 FOR ADDITIONAL EXPENSES OF SPECIAL INSPECTOR AND WATERPROOFING. ADMINISTRATION RECOMMENDATION: Subject: Adopt the Resolution. FUNDING: Funding for construction, in the amount of $300,000, is already available from the Parking Revenue Bond Fund No. 481 previously appropriated in the Capital Budget 2003-2004, Resolution 2003-25351. Additional funds are available for appropriation from the same Parking Revenue Bond Fund No. 481 in the amounts of $132,600 for the Special Inspector requested by the Building Department and for water proofing at the 17th Street Parking Garage. ANALYSIS: The City of Miami Beach Building Department issued a Notice of Violation for the cracks developed at mid span of the pre-cast beams inside the 17th Street Parking Garage. A study was requested from the original Engineer of record, Bliss & Nyitray, which included a visual inspection with recommendations and a test measuring changes and movements in the cracks throughout the Parking Garage. The report from the Engineer included several locations where concrete spalling had occurred and the need for repairs is evident. After the test was performed, a repair method for the cracks at the mid span with a flexible epoxy, capable to allow the beam to move as originally designed, was agreed to between Bliss & Nyitray and the City Building Department Structural Plans Examiner Engineer. Such epoxy was found and several test repairs were performed at the site. 81 City Commission Memorandum Parking Garages Award-Memo November 25, 2003 Page 20(4 In July 2003, the Chief structural Plans Examiner Engineer from the Building Department approved the repair method after the test repairs performed as desired. The need of a new waterproofing system at the roof level to preserve the integrity of the structure and prevent" additional spalling was also observed by contractors visiting the site and confirmed by maintenance personnel. Invitation to Bid No. 67-02103 was issued on August 26, 2003, with an opening date of October 14, 2003. A non-mandatory pre-bid conference and site inspection was held on September 17, 2003. BidNet issued bid notices to 37 prospective bidders, resulting in 27 vendors requesting bid packages. which resulted in the receipt of five (5) bids. The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide concrete restoration and repairs to the 17th Street Parking Garage including the waterproofing. There will be 3 different types of repairs: Cracks in beams: Repairs to small cracks generally in the mid-span of the joists at all levels of the garage. All of these cracks need to be repaired as per the manufacturer recommendations (Sika or equal). Spalfing repairs: Repairs are needed throughout the parking facility, Spalls and poorly repaired concrete areas require properly repaired sections of concrete. A proper repair requires removal of existing concrete, cleaning of corroded reinforcing steel, and replacement with a Polymer modified cementitious patching material selected to be compatible with the surrounding concrete and with its intended use or exposure. Waterproofing: Waterproofing needed on the roof level of the parking garage. The waterproofing has lost its integrity and needs to be replaced. The Contract Documents included in the bid, specify that the work for the Project is to be substantially completed within 180 calendar days from the issuance of the second notice to proceed, and completed and ready for final payment within 30 calendar days from the date certified by CONSULTANT as the date of Substantial Completion. The CIP Office, with the Procurement Division, have evaluated the bids and determined that Florida Lemark Corporation is the lowest and best bidder. 82 City Commission Memorandum Parking Garages Award-Memo November 25, 2003 Page 3 of 4 BID TAB Bid 67-02/03 . CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE ITEM 1 ITEM 2 ITEM 3 GRAND TOTAL BID ALTERNATE TOTAL FLORIDA LEMARK CORPORATION $30,000.00 $17,250.00 $273,923.76 $321,173.76 INTRON TECHNOLOGIES, $46,824.00 $61,220.00 $351,867.00 $459,911.00 INC. STRUCTURAL PRESERVATION $103,800.00 $33,450.00 $437,959.50 $575,209.50 SYSTEMS, INC. ATLANTIC $108,000.00 $15,000.00 $477,774.00 $600,774.00 WATERPROOFING, INC. VIP PAINTING, INC. $108,000.00 $19,500.00 $824,000.00 $951,500.00 The following references were secured by Procurement staff: Mr. Luis Rodriguez, Project Manager Brill Rodriguez Salas & Associates "They have been our Contractors on numerous projects designed by our office and they have been extraordinarily professional in the execution of the work and, to the best of my knowledge, owners have been satisfied and seek their services for repeat work- Mr. Craig Overhlt, Project Manager, President Overholt Construction Corp. "Florida Lemark did high quality work for us, the project being the Burdines Parking Garage. This work was very detailed structural repairs and the work was done to the approval of the structural Engineer.. 83 city Commission Memorandum ParKing Garages Award-Memo November 25. 2003 Page 4 of 4 Mr. Ted Wolfsthal, Project Manager CoresSlab Structures "Florida Lemar!< is a very professional organization. We have been consistently pleased with their performance on the projects that we have used them on. Both their performance and quality of work are excellent. We can strongly recommend them to provide services to you." Ms. Christy Elias, Project Manager. President C.L. Elias Construction, Inc. "Florida Lemark administrative staff provides excellent documentation. Their superintendents and field staff have performed beyond our expectations. We have always finished our projects on time and many times ahead of schedule. They will be an asset to your projects." Summary of costs and needed appropriations FUND 481: Special Inspector Repairs Water proofing for 17th Street Parking Garage Contingency Subtotal Less available, Funds already appropriated APPROPRIATION REQUEST HEREIN CONCLUSION: $ 65,000 $ 47,250 $274,000 $ 46.350 $432,600 - $300.000 $132,600 Based on the analysis, the City recommends that the contract be awarded to the lowest and best bidder, Florida Lemar!< Corporation in the amount of $321 ,173.76 to provide the construction services required pursuant to Bid No. 67-02103 for the concrete restoration and repairs to the City of Miami Beach 17th Street Parking Garage, and the appropriation of funds in the amount of $132,600, for additional expenses of special inspector and waterproofing. T:\AGENDA\2003\nov2503\regufar\Parklng Garages Award.doc 84 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AWARD OF A CONTRACT TO THE LOWEST AND BEST BIDDER, FLORIDA LEMARK CORPORATION, IN THE AMOUNT OF $321,173.76, PURSUANT TO BID NO. 67-02103 FOR THE CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE, AND APPROPRIATING FUNDS, IN THE TOTAL AMOUNT OF $132,600 FROM PARKING REVENUE FUND 481 FOR ADDITIONAL EXPENSES OF SPECIAL INSPECTOR AND WATERPROOFING. WHEREAS, the City of Miami Beach Building Department has issued a Notice of Violation for the cracks developed at mid span of the pre-cast beams inside the 17th Street Parking Garage; and WHEREAS, a study was requested from the original engineer of record, Bliss & Nyitray, which included a visual inspection with recommendations and a test measuring changes and movements in the cracks throughout the Parking Garage; and WHEREAS, the report from the engineer included several locations where concrete spalling had occurred and the need for repairs is evident; and WHEREAS, in July 2003, the Chief Structural Plans Examiner Engineer from the Building Department approved the repair method after the test repairs performed as desired; and WHEREAS, the need of a new waterproofing system at the roof level to preserve the integrity of the structure and prevent additional spalling was also observed by contractors visiting the site and confinned by maintenance personnel; and WHEREAS, spalling repairs are needed throughout the parking facility. WHEREAS, spalls and poor1y repaired concrete areas require proper1y repaired sections of concrete; and WHEREAS,lnvitation to Bid NO. 67-02/03 was issued on August 26,2003, with an opening date of October 14, 2003; and WHEREAS, a non-mandatory pre-bid conference and site inspection was held on September 17, 2003; and WHEREAS, Bid Net issued bid notices to 37 prospective bidders, resulting in 27 vendors requesting bid packages, which resulted in the receipt of fIVe (5) bids; and WHEREAS, the CIP Office, with the Procurement Division, has evaluated the bids and detennined that Florida Lemar\< Corporation is the lowest and best bidder; and 8S WHEREAS, additional funds are available for appropriation from the Parking Revenue Fund No. 481 in the amount of $132,600 for the Special Inspector requested by the Building Department and for water proofing at the 17th Street Parking Garage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY' COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission award a Bid contract to Florida Lemark Corporation, in the amount of $321,173.76, pursuant to BID No, 67-02103 for the concrete restoration and repairs of the 17th Street Parking Garage and the appropriation of $132,600 from Parking Revenue Fund 481 for additional expenses of Special Inspector and waterproofing. PASSED and ADOPTED this 25th day of November, 2003. ATTEST: MAYOR CITY CLERK JMG TW2\IOA~".doc APPROVED NJ TO FORM & LANGUAGE & FOR EXECUTION j.1-1?-q} ~ D* 86 CITY OF MIAMI BEACH ~ 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp:\\www.miamibeach!I,gov PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 INVITATION TO BID NO. 67-02/03 ADDENDUM NO.1 September 5, 2003 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE is amended as follows: I. Please replace page 8 of the bid document with the attached page 8. The fITst paragraph on page 8 has been amended. This project does not have plans, the specifications are already incorporated within the bid document Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm should review the registration options at the following website: <http://www.govbids.com/scripts/southflorida/public/home1.asp>. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. 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 NO. 99-3378. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. 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. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE CAMPAIGN FINANCE REFORM ORDINANCE NO. 2003-3389. ~ / ..-"'. ,........-~/ -;;"."..-:...-.- .../. ,.,/ i CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 8 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 htlp:\\www,miamibeachfl,gov PROCUREMENT DIVISION Telephone (305l673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 67-02/03 ADDENDUM NO.2 September 26, 2003 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE is amended as follows: I. CHANGE: Bid Opening Date from September 30,2003 to October 10, 2003 @ 3:00 p.m. II. A subsequent Addendum (#3) will be issued to answer questions received from prospective bidders. Inasmuch as this change does not materially affect the bid document, proposers are not required to acknowledge this addendum to be deemed responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 http:\\www.miamibeachfl.goy PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673.7851 INVITATION TO BID NO. 67-02/03 ADDENDUM NO.3 October 2, 2003 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE is amended as follows: I. The following are clarifications to issues that were addressed at the pre -bid conference. 1) Quantification of spalling repairs: . Columns! tie beams 30cubic feet . Floor slabs 150 square feet 2) Quantification ofwaterproofmg will be 159,258 square feet, The City decided to waterproof the roof in its entirety to avoid conflicts of warranty. 3) Waterproofing to be used on the roof level will be an Elastomeric Deck System Vulkem 350/345/346 by Tremco or "equal" product with a minimum 5 year warranty. Application as per manufacturer recommendations. 4) Base quantification for the injection will be as stated on Form, page 110, of 6,000 linear feet. 5) Shoring if required will be provided as a change order, to be negotiated. 6) All repairs must be painted to match surroundings. 7) Dust protection must be provided by the Contractor, to vehicles in other bays or in floors below, dust protection must be simple but effective. Contractor to propose method. 8) Staging area will be provided by the Contractor inside the parking garage. 9) Work will be coordinated with the Parking Department. Probably 2 bays in different floors may be worked on at the same time. 10) Container for disposal of waste construction material may be located outside of the Parking Garage, awarded Contractor will be instructed were this container shall be located. Page 2 Addendum 3 Bid 67-02/03 II) Repairs on east elevation pictures 23, 24, 25 and 26 will require additional permits from Public Works as well as protection to the sidewalk and will require an off duty police officer while doing the restoration; is the intent of this bid to include all these elements and those applicable to perform the job in the price of the bid, consequently, it is the responsibility of the contractor to obtain all permits that are needed to provide all work within the scope of work of this project. 12) Page 6 of the bid documents require that the selected contractor to h: a licensed General Contractor. This will remain as a minimum requirement encompassing the duration ofthe project, additionally, the contractor will have to provide proof of such license. 13) There was a question by Intron Technologies regarding the original intent from the Engineer to use a liquid epoxy for the cracks in the beams. After several test performed at the site under the supervision of the Building Department it was agreed between the Engineer of record and the building Department to modifY the epoxy originally proposed to Sikadur 51 NS/SL or "equal" to provide flexibility and movements in the beams. (Please see attached specifications) II. The Bid Rlrm has been revised to reflect those changes addressed above. (See attached "Revised" Bid Form) III. A warded contractor will be expected to perform a repair test on one of the crack beams repair using the Sikadur 51NS/SL or "equal" product which requires to be approved by the Special Inspector and by the Building Deplrtment. Bidders are required to acknowledge this addendum on proposal page 112, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH ._./,~~J Gus Lopez, CPPO Procurement Director rm 03000. BID PROPOSAL FORM (Paae 1 of 2) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE Our bid includes the total cost for the work specified in this bid which consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide concrete restoration and repairs to the 17th Street Parking Garage. Our bid is broken down within three types of repairs. NOTE: Determination of award of this Contract will be based on the lowest and best bidder's GRAND TOTAL BID. (Page 111) 1. Cracks in beams: Repairs to small cracks generally in the mid-span of the joists at all levels of the garage. All of these cracks need to be repaired as per the manufacturer recommendations (Sika or equal). Estimated Qty: 6,000 linear feet = Total Price: $------------------- Written Amount 2. Spalling repairs: Repairs are needed throughout the parking facility. Spa lis and poorly repaired concrete areas require properly repaired sections of concrete. A proper repair requires removal of existing concrete, cleaning of corroded reinforcing steel, and replacement with a Polymer modified cementitious patching material selected to be compatible with the surrounding concrete and with it's intended use or exposure. . Columnsl tie beams 30cubic feet Floor slabs 150 square feet Total Price: $------------- $------------- $------------------- . = Written Amount BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH I Addendum 3 "Revised" Bid Form 10/02/03 (Paae 2 of 2) 3. Waterproofing: . Elastomeric Deck System Vulkem 350/345/346 by Tremco or "equal" product with a minimum 5 year warranty. Quantification: 159,258 square feet = Total Price: $------------------ ------------------------------------------------------------------ Written Amount GRAND TOTAL BID: (Addition of all price totals from item 1-3) $------------------ ------------------------------------------------------------------ Written Amount Note: In the event of additional work is needed, price for additional work will be neQotiated bv the City ManaQer. or desiQnee at the time the additional work is warranted, consequently, the substantial and final completion days will be negotiated by the City Manager or designated representative with the same accessed liquidated damages as described on Page 42, Section 2.3. FIRM'S NAME (Print or Type): SIGNATURE: TITLE/PRINTED NAME: ADDRESS: PHONE NO. FAX NO. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 2 Addendum 3 "Revised" Bid Form 10/02/03 ~a'j';~.'," . :.". 4r-' ,-~. ~}11 t:-\I Cl';,'i. t.. ~IJ. DESCRIPTiON ~~llli':'lr :-lll'" .J.,.nl+1..l.;,lClll. 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B~ sur~ to 1T,,~in[aln 5~f"Br;)' prP.'~'5url:.'. Fm'l;tI1l:'r11;i1.a~,p.l('o::ItioilS.. P'.).l' SIk.ddi..1 ~1 ~I irr~n n)[I.~lru';~lIH:A:'(Hltlltl Jum1.. t.:l l!o;;~ l,'w prc~stlr[' !:')(1ru:;.io, ("QllipmC"nl A~"'". m.'ltfll,~..n ~ Sl9~d'~' 'Io~... of rr.atftrit!J' 111""1:] f-!r,~lrft J~'"1me in a !.Inql~ anpljc~tlCln F=:,r VI"' l", .=1 l-''''XI~-:lf4 .'Ic1'I",fl!~ "'\1 :"::l"c;.lJ'I !:,U.,., r f!!c-"'Ik:~l Sf!lrv CIJ. Sikadur~ 51 NS/SL ),",:) Flexible epoKY conlro/-jo;nt !'op-:tJerladhcs;ve TYPiCAL DATA FOR S(1(,qOUR Sf 1/SISt. (M.UlriM MId cunng c:tlI1diDou TIT .."d SO" R,H.J SHELF LIFt- h't::: )'~;)'~ in :nj.;:rnill. ~n':pe-'~L: (":(')n1;llll",'::' SfORAGE' CONDIT'O,IlS Sr-;"p. ,1f" ,\t -<Ie, q;F' ('1 35Cl ConditIon m.tGrialto 65. 7~F hrrore u..lng" COl.DR r.(')~r.;'P.U!! 9r;!\~ MIXING RA rlO COfnp,:.m~rl' 'A,' :':or.'lponen .0' - ,; 1 by 'YO 'J-TIL C(}fVS/STEIIICY 5;k.dur 51 NS N""';Bg 5ihdur S1 5l ~f..ta',lerin9 POT liFE ~ (a 1.:' h'~. :~c en;, tn 1 I-\r TJlCK IFlEE TfMf' (IlSrM C-679) 6-~ n.3. 1 H. hr-;, TL.NSILE PROPERTIeS rASfM D.UB} T.nsilo strength 14 d;JY~ rJ~iO l:~.i 1~".4- MP:J) JOG ps, (54 MP., T.nliilB slre55 .al % eJong,nion 2.5'" ~.O% 10.0% ~)O :-;.~.j (;'" ,;,~ ""P,-~ ~O :5i NE MP?!: HO psi (' 1 ,'!P.,) ~ ~O ='51 lO.30 ~1~Pal 110 W.l :1 7. MP.1} 2~O ~1~i:l,5 MP,J:. [lon9_t10n Il break E:J-lV 110% MOdulu.ofElas:icity 1,aOC',:lsi (12 3 MPd; f..lJllO rl~l (., '1 MF;~; TEAR RESISTANCE (AST'" lJ.S14) 1~ days 1 JO Ib fin. SHEAR SfRHilJTI-I (ASrM 0-712) 14 du)"S SC,C' p,i I j 5 MPa) HiOlh.rin -,~O() fl" (8 9 ~'p~) (ASTM C.'B2) H..,nlrnrrl C(7ncrprl? 10 'ard,n..d contTCOC. bC~ V'" t>., ~Fa) ,00 psi :4.8 MPa) '5010< (3 1 '~P.l: 4UU fJ" :L.] MP/I DOND STRENGTH 2 d~J~ (dry t:ur(!) T" d..~s [moi.' cure) HARDNESS (ASrAf D.2240) Z8 d.~5 (Shore A) (Sho 'e Dl ,~.30 30.40 1~ ,~.) ~n 10 UMITATlONS .. Dc m:lll'i., Sik~c:ur~'" NS,'SL ~QI"'e'nl=- MA, j:':~p.'Io'prl prcpP.r C.Jrp." . Sub:o:.lra.l~ ~p.mr:p.r.".LJre ~h(,)',Ji':"'i hi~ "';-:'F n,inUi',ll'll .:ull..l '::...U1~ ... F.:)" ::OSS: re!L.Ilts. m3ulrlal.s should t:A -natrt.lined ber:Jgen 65:- ano::' !):;~- cl.'rii1-:J a:p lcatlon_ ~ L)o not BF=Ply lr,rOJg~ stsn=lng ~'.a'8r, ... Minimu~ 8g8 :JI :::)'.::,~e[e 5 3C da/,s. .. ~l!llerials are '.'apor bPJIiriers afler .:ute. ... Con(.['I.'IL~U1 'lh::,;;:lIrnLJ::tLJ1:!I~'llj~df..lJ W'r.~p.~.~''1ror lr:' n ';.m 10; <:.inn rrj~r to 8::,~1i. cnl"rm ... No. ~e!oIUllHI It.: I l.~W umJel UN "'~.-H"-t UII'IIIo?,~';;n j, On nfll L"'j(' jn~~'pi"n.-:ir"Jr ':mo'.:illg.ljoir'l~" . rorapc'ieabons .)~t'er l,an :ne-:s.e4l1in~ 0" c:n:r:l or cor!>lflJc!ronialnr!':i. CO:"'500 !:.ik21 T9Chni<':,'1 !;o?Irvi....p. ./to. f:';l JJ,):.:hc;:.i.it'n lr non.m::..,.lng ..Qn\':' r..:'1l~. ... 1 1e 1..dlm:!l!! =,p'.rCormarc~ 01 SlkaoL'r 5" n~r,'~"lr,::, C," Inn)' roJclo'~. '1:-. P:I::'f:I flJl-"ll desiyn, n'l.;!'ff',ally :;.wlrk.' i.J;I:.J'~, f::,:::o"crete SliJb), etc. .... Fr':l~u::t k"1CJ~ [IJ ydlOY',' "",IR'" f"lI.' ~:sed tQl;lll jJvl~Jh!1 r.l ~'i.dltl'I(:JLlll":':.Jl ~r~ ard rllt-~r~p.IACJt1IIII(J A S kadur ~'1 srCl,.I;: :.e '''su!ec run de;J~r .....hEU I ~<-llimJ CD': ~tr o.j~~tlL.:: '~h:Ol' t"Oi jojn~!I ~ Mo!c,ricl ~~,uld nol oe applied earl'N t.,::'i1 IG daY'S Ilrt9r nev.' conc'e1& !!; placed ,A, Cl\.K1 c;;~y r.ure c;, rF!t'::O'T" "'lnn!1"L', CAUTION Component 'A' . Irritant; Sensitizer. Contains epoxy t(~5in Can causp. 'Sk:n sensihzalion after prolonged or repeatp.d contact. Skin and eye ,rritant Avoid skin contact. Useo' safety goggles and chern.. ell r.sistantgloves i!> recommended. H.gh concentrations or vapor may c;)use re'Spl" ralOfY irrilatlon, Use only with adequate ventilation Incaseo! exceedance of PELs, useanapproptlate. prop."'yhlle<l N!QSHI MSHA approved 'esplrator. Remove Carl. laminated clothing, Component 'B'. COffosive; Sl!nsitizer- Contains amines and crySt3i1lne Sllic.'l _ (sand). Skin and eye ortltanl, Contact with _-eyes or s'kln may cau!.e severe burn$.. Avoid s1tihcontact Can cause skin sensi. tlzation aner prOlonged or repeated con- taa. Use of safely goggles and chemical resiS1arn gloves. is recommended. Over- exposure may cause cent/31 nervous sys- tem ellects. High concontrallons or vapor may cause respiratory ''''talion. In case at exceedance or PELs. use an appropnatp.. properly filled NIOSHIMSHA approveel respirator. Remove contaminated cloth. ing. Note: Sanding oe grinding finished prod. uct can generale crystalline s.lica dust which may cause delayed lung injury (Slli. cosis) and is listed as a suspect carc,no- gen by NTP and tARC (2A), FIRST AID In case at sk,f"I con~,'ct. ..._-.JSh Immedlalely ttnd thoroughly Wj~~l S.O-tlp 3f\d wale'. If symp10mS petSI'it. consult 3 phY5~r:I.Jn Remove ccn~3mln.JU!'CJ clothing. For eye contact. rr,"h Immediately with plenty 01 wawr lor 1.5 minutes: contact a phys.lcian. F or rer;pirator~ problems. remove person to fresh air: If symptoms persIst. con sufi 3 pnYSloan. CLEAN UP In case of spills Of leakS. wear suil30le p~ot-t.'ctlve equIpment. contain spdl. collect W'lth ab'S-orbent molten.lr. .;snd trans.f@r ~o suitaole container. Ventilate area. AVOId contact. Dispose Of In accordance with cLttem, applicable local, s~ate. and federal regu:<1'ions. .ProeL<:' COO~ 381/315 Soil.".nd Sill6lOLt Itt 'e-gl~rd ..~. ",VI). ~oe In uSA. Pril"lfCcJ In USA. March, lOOO KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHilDREN NOT fOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONl Y CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika warrants its products to be Iree Irom manufacturing delects and to meet Sika's current published properties when applied in accordance with Sika directions and tested in accordance with ASTM and Sika Standards. User determines suiUlbllity 0' product 'or use and assumes all risks. Buyer's sole remedy shall be limited to the purchase price or replacement 0' product and excludes labor or the cost of labor. Any claim lor bre..ch olthis warr..ntymust be brought within one ye.r 0' the date of purchase. NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTlBILlTY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY, SIKA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, RESULTING FROM ANY CLAIM OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY LEGAL THEORY. SIKA ASSUMES NO LIABILITY FOR USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANOTHER'S PATENT. Visif our websile ., www.silcaus..com 1.800.933.SIKA NATIONWIDE Regional Information and 5.Ies Centers For /he localion of your nearest Sika sales olfice. con/act your regIonal cen/er. Sikit Corpor.tion SiU C.n.d.. Inc. Sik. Mellican. S.A. de C. V. 201 poli/oAvenus 601 Delmar Avenue Carrereta Llllre Ce,aya Km. 85 Lyndhursr. NJ 07071 Points Claire Cottegidora. Querslaro Phone' 800-933.7452 QuebeC H9R 4A9 CP, 76920A.P. 136 Fax- 201 -933.6225 Phone' 514,697-2610 Phone' 52 42 25 0122 Fax, 514.694.2792 Fax: 52 42 25 0537 (lou_tl,., c.ror.c..uDn ptu...a.u: lyn4h""I: n.oUI, ~'jon~ 'J.o"8. I(.."U~ CII,: .....25.8. Sill'll., F. Sprt"l": H.ltSC CONCRETE R~ST.P~:r!2,M SYSTEMS Spec Component: 5C..o72-1101 Sik~dur 51 JliS/SL 01\>1SION 3 . COI"CRETE Secllon 03930 Conlrol Joint Sealers Part 1 . General 1.01 Summar)' A. This specification describes Ihe sealing of saw<ut, conlrol, and conslruclionjolnts in concrete with a semi.rigid flexible cpoxy rcsin adhcsive sealant. 0..:-:::.-=..:.:.,--1.02 QualityAssurance .. ~.... --_.. A. Manufacturing qualifications: The manufacturer of the specified product shall be ISO 9001 certified and have in existence a recogmzed ongoing qualily auurance program independently audited on a regular basis. B. Contractor qualifications: Contractor sMII be qualified in the field of concrete repair and proteclion with a successful track record of 5 years or more. Contr:lClOr shall malnlain qualified personnel who have received product training by a manufacturer's representati\'e. e. Install matcrials in accordance WIth all safcty and weather condilions rcquired by manufacturer or as modified by applicable rules and regulations of local, slate and federal authorities having juriSdIction. Consult Material Safety Data Sheets for complete handling recommcndations. 1.03 Delivery, Storage, and Handling A. All malerials must, be dclivered in original, unopened containers with lhe manufacturer's name, labels. product identification, and batch numbers. Damaged material must be removed from the sile immediately. 8. Store all malerials off the ground and protect from rain, freezing or excessive heat until ready for use. e. Condition the specified producl as recommended by the m.:lnufacturer. 1.04 Job Conditions A. Environmental Conditions: Do nol apply material if it is raining or snowing or if such conditions appear to be imminent. Mimmum applicallon temperature 40"F (S"C) and rising. B. Protection: Precautions should be taken to avoid damage to any sutface near the work lone due 10 mixing and handling of thc specified sealant. 1.05 Submitlals A. SubmIt ty,'o copies of manufacturer's literature, 10 include: Product Data Sheets. and appropriate Material Safety Data Sheets (MSDS). 1.06 Warranty A, Provide a wriHen warranty from the manufacturer against defects of malerials for a period of five (5) years, beginnmg wllh date of substantial complclion of the projccl. Part 2 - Products 1.01 Manufacturers A. Sikadur SI i\'S/SL, as manufactured by Sika Corporation. 1682 WilliJ.msport Road. Marion. OH, 43302 IS considered 10 conform to Ihe requirements of this specifIcation. 1.01 Materials A. EpollY control joint resin: 1. Component "A" !hall be modified isocyanate pre polymer. with ether and blocked urethane groups containing suitable viscosIty control agents and pigments. It shall not contain butyl glycidl ether. 2. Component "8" shall be primarily a reaction product of a selected amine blend with an epollY resin of the cpichlorohydrin bisphenol A type containing suitable viscosity control agents. pigments, and accelerators. 3. The ratio of Component A:Component 8 shall be 2:1 volwne. 4. The material shall not contain asbestos_ 2.03 Performance Criteria A. Propcnies of the milled epollY resin adhesive sealant: Sikadur 51 NS: 1. Potlife: I hr. to 1.5 hr. (I gallon mass) 2. Consistency: Non-sag 3. Color: Concrete Gray 4. Tack-Free Time: 7- 8 hows B. Properties of the cured epollY resin adhesive sealant: SikadurSl ;';S: 1. Tensile Properties (ASTM 0.638) at 14 d3Ys a. Tensile Strength: 650 psi (4.4 MPa) b. Tensile Elong3tion 3t break: 80% c. Modulus of ElastiCIty: 1800 psi (12.3 MPa) Tensile stress at % elongation 2.5% Elongation SO psi (0.33 MPa). min. 5 % Elongation 90 psi (0.6 MPa), min 10% Elongation 160 psi (1.1 MPa). min 2. Shore 0 Ilardness (ASTM D-2240) at 28 days: a. 75-80 (Shore 0) b. 30-40 (Shore 0) 3. Tear Stenglh (ASTM D-624) at14 days a. Tear Strength 110 IbJin. 4. Bond Strength (ASTM C-307 Modified) Hardened Concrete to Hardened Concrete a. 2 days (dry cure) Bond Strength 800 psi (S.5MPa) b.14 days (moist cure) Bond Slrength 4S0psi(3.1 MPa) 5. Shear Strength (ASTM D-732) a. 14 days 800 psi (5.5 Mpa) %.03 Performance Criteria B. Properties of the mixed epoxy resin adhesive seal:mt: Sikadur 51 SL: I. Pothfe: 30-min. to I hr.(J gaUon mass) 2. Consisleney: Self-leveling S. Color: Concrete Gray 6. T ae k-Free Time:: 6. 7 hoUJ'$ C. Properties of the cured epoxy resin adhesive sealant: Sikadur 5 I S L: = l. Tensile Propcr1ies (ASTM D.638) al14 days a. Tensile Strength: 800 psi (5.4 MPa) b. Tensile Elongation at break: 140% c. Modulus of Elasticity: 6000 psi (41 MPa) Tensile stress at % elongation 2.5% Elongation 120 psi (0.80 MPa). min. S % Elongation 170 psi (1.2 MPa). min 10% Elongation 230psi (1.5 MPa). min 2. Shore 0 Hardness (ASTM 0-2240) at 28 days: c. 75-80 (Shore 0) d. 30-40 (Shore 0) 3. Tear Stength (ASTM 0-624) atl4 days a. Tear Strength 1601bJin. 4. Bond Srrenglh (ASTM C.301 Modified) Hardened Concrele to Hardened Concrete a. 2 days (dry cure) Bond Strength 700 psi (4.8 MPa) b. 14 days (moist cure) Bond Strength 400 psi (2.7 MPa) S. She:lJ' Strength (ASTM 0.732) a. 14 days 1300 psi (8.9Mpa) Note: Tests were performed with material and curing conditions at 7J'-7S'F and 45-55% relative humidity. Part 3 - Execution 3.01 Surface Prepar:ltion A. The joint and adjacent substrate must be dean, sound and free of surface contaminanls. It may be dry or damp, but free of standing waler. Remove dust, lailance, grease, ods, curing compounds, form release agents and foreign panicles by mechanical means, i.c. - sandblasting. etc., as approved by :he EnglOccr. Blow jomt free of dust using compressed air line equipped wilh an 011 trap. 3.02 MI:dn& and Application A. Mixing of the epoxy resin adhesive: Premix e3ch component. Portion 2 pan of Component "A" to I pan of Component "6" by volume into a clean. dry mixing pail. Mix thoroughly for 3 minutes wilh a jiffy paddle on a low-speed (400-600 rpm) drill. Mix only Ihequantity of material that can be used within its pOl life. B. Ioints shall be masked to prevent discoloration or application on unwanted areas, as directed by the Engineer. If masking tape is used, it shall not be removcd before tooling, yel muSI be removed before the initial cure of the seal:J./l1. Do not apply the masking tape until just prior to the epoxy eonstruction/conlrol joint resin application. D. Placement Procedure: I. ;o.;on-sag consistency: Load directly into bulk chaulking guns or use a follower plate loading system or tool into joints by hand. Avoid overlapping of the sealant to eliminate enll'llpment of air. Tool as required. 2. Self-leveling consistency: Pour or use Jow-pressure extrusion equipment in one direction and allow the malerialto flow and self-level. SrriJce-off level and remove any excess matcrial. where required, before it hardens. E. Adhere to a11 limitations and cautions for Ihe epoxy resin adhesive sealant as Slated in the manufacturer's printed literature. 3.03 Clunlng A. The uncured epoxy resin adhesive sealant can be cleaned from IDOls wilh an approved solvent. The cured epoxy resin adhesive sealant can only be removed mcchanically. Leave work area in a neal, clean condition withoul evidence of spillovers 0.'110 adjacent areas. B. SC-072 Sikadur 51 NS/SL Construction/ Control Joints 1, Gun or tool mixed Sikadur 51 NS into the prepared joint. 1~ Figure I - Sikadur 51 NS (non-sag) 2. Avoid overlapping of the sealant to eliminate entrapment of air. 3. Tool as required to properly fill joint. Fig. I 1. Pour Sikadur 51 SL into prepared joint, allow to flow and level as necessary. l~ -...\ Figure 2 - Sikadur 51 SL (self-leveling) 1> 2. Tool as required to properly fill joint. Fig. 2 MATERIAL SAFETY DATA SHEET NEW SIKADUR 51 SL - PART A PERSONAl. PROTECTION 1. Product And Company Identification SUDDller Manufacturer SIKA CORPORA nON SIKA CORPORATION 201 Polito Ave 201 Polito Ave Lyndhurst, NJ 07071 lyndhurst, NJ 07071 Company Contact: Kristin Kelley Company Contact: Kristin Kelley Telephone Number: (201) 933.8800 Telephone Number: (201) 933.8800 FAX Number: (201) 933-9379 FAX Number: (201) 933-9379 Web Site: www.sikausa,com Web Site: W\WI.sikausa.com SUDDller Emeraencv Contacts & Phone Number Manufacturer Emeraencv Contacts & Phone Number CHEMTREC: 800-424-9300 CHEMTREC: 800-424.9300 INTERNATIONAL: 703-527.3887 INTERNATIONAL: 703-527.3887 Issue Date: 11/2112001 Product Name: NEW SIKADUR S1 SL. PART A CAS Number: Not Established Chemical Family: EPOXY COMPOUND MSDS Number: 17S1 Product Code: 038S-13E 2. Composltlon/1nformation On InQredients lngrec:'ient CAS Percent 01 Name NV/'T'Ibel T olal We;ahl MOOIFIECEPOXYRESIN TradeSeccol NONYl PHENOL 251 M.52.J 3. Hazards Identiflcatlon E;ye Hazards EYE IRRITANT Skin Hazards MAY CAUSE A REVERSIBLE iNFLAMMATORY EFFECT ON SKiN OR TISSUE AT THE SITE OF CONTACT. CAUSES AN ALLERGIC SENSITiZATION IN A SUBSTANTIAL PROPORTION OF HUMANS OR ANIMALS IN NORMAL TISSUE AFTER REPEATED EXPOSURES. Inaesllon Hazards MAY CAUSE EFFECTS TO THE GI TRACT, USUALLY RESULTING FROM INGESTION OF THE MATERIALS. SUCH AS IRRITATION. NAUSEA. GI DISORDERS. ULCERATION, DIARRHEA OR CONSTIPATION. Page 1 of 4 MATERIAL SAFETY DATA SHEE.T NEW SIKADUR 51 SL - PART A '" PERSONAl. PROTECTION - 1. Produc:t And Comoan... Identification SUDDllti ~i.lanuf3~tur.r SIKA CORPORATION SIKA CORPORATION 20' PoHto Ave 201 Polito Ave Lyndhurst, NJ 07071 Lyrldhursl, NJ 07071 Complmy Contilct: Kri~:,n K..IIRY Company Contact: Kri:<till Kel flY Telephone Number: (201) S33-6!l()(J Tclephon, Number: (~'Ol) S:B-83Ctl FAX Number: (201) 9~:1.~:1"':~ FAX Number: (2nl);33-937Y Web Site; wWW.31~iJU~a,com Wab Site: \VWW.3~lt..(,ru:'3 Cl.,)f"!1 SUDolier Erncr:]('nl",y_!:;_oJ1Jl't:!:~~/1\l Number Manufactllr8r f..!!'-,P,r:9f',rs.Y.J::.Q!1t_:'lct!; & PhM!..Number CHEMTREC: 800.424-9300 CHt:MTREC: 800-424.9300 INTERNATiONAL: 703.5;/7.3887 INTERNATIONAL.: 703-527-3887 luU4I Oat...: 1'.!n/20C'. Product Name: NE'W SIKAOUR ~1 SI. - PAR,'\ CAS rlumbl!c Nc: E!;,~;;;b!;$.hnd Chemical FOlmlly: EPOXY COMPOUND MSDS Numtlltr: 1751 Product Code: 0:l85-13" 2. Compositlon/lnlofTTl.:ation On Ingr.di..nls I ru;, e-d ie 1"11 CA~ r,-::",'l Of "'air a H~:f"'~:~~l "':'(";\3~~tJ-.::~I.\ ~OO,FIEa:pnXYR~3iN 1 rlCp.:;lete1 NONY' PHENO' 2~1 ~~ 4.52-3 3. Hazards Identification E)!tituw.$ EYE IRRIT!\NT Skin H:llar~ MAY CAUSE A REVERSIBLE INFLAMM,4,-ORv EFFECT (J\ ~KIN OR TISSUE AT T""E: SIT!" 0" CONTACT. CAUSES AN ,t..I.LE.'K:;'C 5't:NS'TIl.o. T\C;-.. 'N /\ SJi3ST,il.i'rn,I\.... I"ROP:':.!\'\',()N O~ l./UMA""'S OR II.NI"',,'\'_S !N NOR',\AL rSSUE AFTER REPEl' TED t::XrOSlJ~FS. lnaestlon Hazards MAY CAUSE EFFE':.;rS TD liE Gi -R."C-, LSLAll v R::SU.::-ING HaM I'GES 1101, OF ,HE M!\TE.:;;:IALS, SLCIl AS 1R.'UTt,TION NJ\lJ$FA, '31 -:tSORD",f:<S, J:...c",:<.AnON. LJIA=<RHEA Of~ CONS 11"',4.1iO\. Ptlg~ I 014 MATERJAL SAFETY DATA SHEET NEW SIKADUR 51 SL - PART A 3. Huards ldentilication . Cont"nued Inhalallan Hazards MA)' CALSE A ,REVFRSIClLE Ir~FLA \1t-.MTORY EFFEC i ()\l fHE UPPER R::SPRA ror-y SYS-EM 4. First Aid Musurcs ~ RINSE EYES THC'~C'lJGHL Y 'NTH WATf'R FeR AT IEJI.ST 1;' MINJ1SS. CONSLlT?! IY5ICIA~1. .2!n ',:'WASH SK'N TI-ORCUGlil Y 'NTH Wfl,fER. REMQV:; GOf\l:M11i\lATEOClOIt-U:~::'.t" SYMPTOMS PtRS\ST CONSUL T ;>HYSrC'A\'. m~liQ!l CILUTE Win I WATER. CONSUU i'rYS'CIAN IF ,'~=CI::SS.'\R""'. !llh~@lJQ.n RE'vfOVF TO FRESh AIR If' BREATHING HAS S1(jppt'n. It,SlifL Tf' ARTIFICI/\L. RF3PIR;>. m)N. CO~.SV, T VmH Pl-yStCIAN 5. Fint Flahting Mc3SlJrl;S F~"sh P o\nt~ -:.j:JTI!;Ifo ftlammabilily Class: f\.CM!3 Fir.. And Exoloslon Ha2anl~ IRRITATING, HIGflY -::mc GASES \1AY DE G:;',ERP.l ED LJ\)KJ\jG ^ FIR!::. ;-..t\l\Quish\na.Med\~ In c;:Jse of fire, .Jse waler spr;;y (10':;) f:lam, dl~' dlt'lri<:al. ur CO2. fu fighting Infitru~ Flrcfi;hl~rfi !,':lIJIc1 wear s~f1'conl~illtllf ~rcalrllrg "r;"ara:u:> <lrc full oro'e':ti~c gear. 6. Ac.c.ldental Reltlll5e M.i'sllu!'lo CO~.rrA'\j SPiLL A~,D em ,.FeT Wile! ABSC'ReEW fll\All:WAL. SHOVE_INTO CLO~A3LE CONTAINERS. 1<\/010 CON1ACT. 7. Handline And StoraQe H.i.l1!!Jln.!l,~nrt",~9ril ae P rltJ::u!fu1.M STCRE IN A COOL l)'{Y AREA. '<EEP CONT.6J~ERS IIG'lTLY CLO~ED Wor/(IHyqienlc PractIces VVs!lh thomughly wi;11 $~'.lp .I'1U water ~fl"" IIi'lndling 8. Exposure Controls/Personal Prolet:tion Eoolnellflna Controls Use with ajequate ~encral "nct loc;:,1 exh.:Jusl venti'aton, ~e!Fa ce Prot\'c.tli.Iw Safety glaS5p.s with !;Id" shieds or gC9qlp.s. Skln P~otection AVOID SKI." CO'l-I\CT. WEAR LONG Sl.EEVE SHR- ,\Nr: ~!\:-; ::>A!\TS, CHEMIC..L RES'ST,'NT Pagt." 'i of 4 MATERIAL SAFETY DATA SHEET NEW SIKADUR 51 SL - PART A 8. fll.llOsure Conlro!~{P&rsonal i'rotectlon - Continued ~lLQtQ.ry_prOIl'etlon In arC,'l$ wi",ere ttle 1':: t3 .re ","';\led.od, u~e <i 9tOp>:rl'f (i\t(!.~ ~.IOSH-v~'}"o,1Xl r~':l;:\ru\OL lP9redi"l),\Ls) . Exno5ure limits MOOlFIEO EFQXY RES\~. EXIOOSLJRF ,:MI-S NGT DE rERM,r,ED NONYL P;'ENOL EXPCSURF ' :MI-S NDT ESTAcUSHED 9. Phys\c3( And Chem'~al Prop~rlie5 l\opoeanlnce LlaUID ~ AROMA~iC CCOH Chemical Typo: Mixlu!e Physical Stale: LiQt.:id Speclllc Gravity: 1 .;. Percent YOCs: 4.3~ PackIng Denlllty: ~ ~.7 'O.ig031 Vapor DensIty: ;./\IR Evaporation Rate: SLC'NE;{ lliAN E.'l HER 10. Stability And Reactivitv Stability: STr.BLE Hazardous POlymerization: WU, ",or OCCUR Condillons To Avoll'l [StabilijyJ EXCESSiVE HEA- ~;Itibl..ll.\3tl'r1315 STRO-..G AC:O BASES. OXJDrZING !\:;[I'\TS, CER~'A:N A:\:INI-'5, l-.',ERCAPTf\"l3 f:jllzardou& Q~compQ8i1ion Produ:ts NITROGEN C:<'1Ul=S. CO. C'R, PHF~~O'_ DERIV,\7l\'E .!:;Q!1rllllQ.m~ To Avoid IPoJvm eriziltioni EXOfHEHM WhE'" CURiNG l;-l M/\3$. 11. Toxlcoloalcallnform3li"n No Calll A\'allabhL. 12. 'Ecoloalcallnfofln>lrion No Dala Available.., 13. Disposal Consldernliol'ls D:5~O$C in 3,:coroa:1.Cf> wlh .~u[jlir:"Dle r"d.;;ral, stOlte and. I':leal 'J'3',errllTl.,w: r...}u:aj"",.s. 14. Transport Information ProDI' ShlDDina NamQ NO~ REC>UlATFC PER D.O.":'. P~ge:J of4 MATERIAL SAFETY DATA SHEET NEW SIKADUR 51 SL. PART A 15. Reglllatory Intormalion U.S. ~eq~latQry loform81ion All ingredients of thIs p.roduct are listed or are exc!udccl (;om ',;5\11)9 Ilncer Ih!! U,S. ToxIc Suts\ances Centrol Act (iSCA) C\1emical SLJbstance Inventorv. . . SARA Hazard Classes Acute Health Hllzard Chronic Health Ha2c)l(j SARA S,,~tlon 313 Notlflcj1tlon This product ooes not contain ar'ly ingred'ients regulated under Seciion 31301 the Emergency F>lannJ,'lg and Community Right- To-KllOw Act 011966 or 40 CFR 372, 1B. Oth.r Informalion HMIS RatlnS! Health: 2 FIr.: 1 ReaCllvlty: 0 PPE: C Dls(;lalmer The data in this Material Safety Data Sheet relates only to trle specific matellal herern and does nct ,elate to use in combination with any other ma!Mia!or ;n any process. The mformation set forth herein is based on technical da La that Sika believes \0 be reliable as of the date hereof. S'.nce conQ\\io<1s of 'Jse are olllside our contrel, we ma~e <10 warranties. express or implIed and aSsume no liability m connection wrth any use of 1nis in/ormation. Nothing herein is 10 be taken as a license to operate Linder or a recommendation to Inlnnge any patents. 81M CORPORATION ,......... U.n, 'l4CS G.....tor... 20-:0 Page 4 of-4 MATERIAL SAFETY DATA SHEET NEW SlKADUR 51 SL - PART 8 PERSON^'- PROTi!CTl=>N C ! 1. Product II.nd ComD~nv Ider\1lfiClltion SUDDller .\'l~nufllcturer SIKA CORPORAl ON SlKA CORPORA no", 201 Polito Ave 201 Polito Ave Lvndhufst. NJ 07071 LYCldhurst NJ Ci7[]71 CO'Tlp3ny Cont3Cl: 1<,' s:in KB ley Comp:lny Cont.,c:: Krblln l-:clcy T.Jephc.ne Numb.u: (2:1) ~3~.gaOO T elep hone Nlnl ber: (20,1 S3J.S8CO rAX Numb&r:: (:1:11) 933-(;:7; lOA:< Numbar: :'01: &:;3 'J3/'J Web SI18; ~i""','>/.sikausa.c(;m Web Site: w.vw SiIGUsa..:orn SuDol erE~&ncv Contiltl$ &. Phone rfumcer Manu1a:turer E meraa ncl,' Con'.~cl,&~,h2II!:J"umb.f1 CH=t.frrlEC: SOO..:4-!)300 C HEMTR EC : 8CO.4~4-9~QO 11HER'lATIOHAL: 703-527.311Z7 INTERNA TIO""'\L: ,OJ .527.:;a8i I>>ue Dille; . ~l~/'~JC 1 Product Name: I\E'N SiK.';lLJH 5' ::5L . r';'RT B CAS Nu'nber. "10: Est.:tblll;r"~ Chtmlcal Family: EPOX'" Cm,1p:JUND MSO; Numb9r: 1 7~::J Product Coce: 0365.14E 2. Ccmliosilion/ln'ormalioil On In<<redients n')':(1 cr: c...~ f'erGfln1 ~)t 14Ft",".:! 'Uilt:er Tot~i'N.iahl NOIWl PHFNCI 2:5. ~4.5493 PR.YRIETA'l' :JlcNC'(..'- ..ll'c.,..n': .,~.[Jc'((.lIC 0'>111.;:5 ffClUl::::l,n;wl 3. Hazards IderJtification Ey.. H:17;Hrl,~ Iv1I1,Y CAI.SF :'1FVFR::' SLRN3 ,\T 3ITI' OF CONTr.,r:T. 1.1AY >:':1\lJ:'>F V :'!UA_ LlISI 'JH~';I\CE:;, CORf\EA DAMAG/::. DA,\~A,Gr: -0 Till: :"J:>TIC NcR'/E ()R ~L1\1DNESS. Slch H::uarQJl CON ACT /l.tAV CP.L:SE se'/[,,!:: HRIT,l.TiON At"D P,Cl.IN .....\10 r-/,.QY CJlLJS:': BU~NS. t>,EC=<'OSIS .I\I\D PERMAr-.Ef\,T 1f'i':UF\v. InC:UtFUV) H;tldl L~~ ~,~AY CA,USE EFFE':;TS TO Tl'E GI T:'Vl,::-:- LSJ"l,LLY r.J:SJLTlNG mo~.' IN(:;ES:IOI, :> . HI:: I,"..!I,TERIALS. Page 1 of. MATERIAL SAFETY DATA SHEET NEW SIKADUR 51 SL - PART B 3. Hazards Identification. Continued Inoesllon Hazards. Continued SUCH AS IRRITATION, NAUSEA. GI DISORDERS. ULCERATION. DIARRHEA OR CONSTIPATION. 4. FIrst Aid Measures m RINSE EYES THOROUGHLY WITH WATER FOR AT LEAS7 15 MINUTES. CONSULT PHYSICIAN. SJ.n WASH SKIN THOROUGHLY WITH WATER. REMOVE CONTAMINATED CLOTHING. IF SYMPTOMS PERSIST CONSUL T PHYSICIAN. Inoesllon DO NOT INDUCE VO/<,'1ITlNG, DILUTE WlTH WATER. CONSULT PHYSICIAN. Inhalallon REMOVE TO FRESH AIR. IF BREATHING HAS STOPPED, INSTITUTE ARTIFICIAL RESPIRATION. CONSULT WITH PHYSICIAN. S, Fire Flahtlng Measures Flash Pol nt: >220 OF Flammability Class: NCMB Fir. And EXDlosion Hazards NONE KNOWN ExUnoulshlno Media In case of lire. use water spray (fog) foam. dry chemical. or CO2. FIr. Flohtln9 Instructlons Firefighters should wear self.contained breathing apparatus and full protective gear. 6. Accidental Release Measures CONTAIN SPILL AND COLLECT WITH ABSORBENT MATERIAL. SHOVEL INTO CLOSABLE CONTAINERS. AVOID CONTACT. 7. Handling And Storage Handllna And Storaae Precautions STORE IN A COOL DRY AREA. KEEP CONTAINERS TIGHTlY CLOSED. IDEAL TEMPERATURE IS 50.S1F, Work/Hvalenlc Pracllces Wash thoroughly with soap and water after handling. 8. Exposure Controls/Personal Protection EnQlneerlnQ Controls Use wilh adequate general and ~ocal exhaust ventilalion. Eve/Face Protection Safety glasses With side shields or goggles. Page 20(4 MATERIAL SAFETY DATA SHEET NEW SIKADUR 51 SL ~ PART B a. Exposure Controls/Personal Protection. ConlintllHl S~in P'olectlon ;\\1010 S-<'IN CONT,A.::;', ~VE",R LJ',G SLEEVE SHiRT /\~'JD _:)'!G PA,'-;TS. CHFrvllCA,L RESISTANT CLGVr:S. Rl!501l'3tory Protectlnn in "reas '....I~'He tile P.::._.s ar9 exceec.J"d, lJSH 'l propflfl~ (,lIprt '~IOSH'''p:Jrove-d re~phJ:Cr. InaredienUs) - Excosure Limits NCNYL PI iE:NO_ I:X?OSURf.: LIMITS NO' LSr.AGUSIIED PfWPH'I:T.AHY t:U'NrJ Uf' ALP'jATIC AND CYC~IC t,-.lINES OSf-A: r-.OT ES'7"ABLlSHED ;',CG:H: NOT ESTA8_ISf"E::' NTP N!AP IARC\/AP 9. Physical And Chemical Properties ADDe3nm:;.8, PASTF Q9..2! 1,'.lINE OOOR Chemical Type: Mi~;;Jr" Physical State: ~r.Ii~ Specific Gravity: 1 ~ Percent vOCa: ' 7.'14 Packing Density: 10,7Ib/!:;al Vapor Density: :>AIR Evaporation Ratlt: 51 OV'lf-H -11AN ETI'ER 10. Slab/lity And Reactivity Stability: HA8LE Hazardous PolymNlzation: 'tllLL NOT OCCUR Conditions To Avoid !Stabil'W NO~E KNO'v'm lnc;,Qrnoatlble Malerlals S mO\lG ACIDS AND OXIDIZI\3 AGENTS lia:r3rdous Decomoosltion Products NITROGEN OXiDES, CO, CO~ Condi!lons To Avoid (Polymerization) EXOTHERM WHEN CU'lI,\G IN MASS 11. Tox,coloaicalln1ormation No [lata fwai/able... 12. Ecologlr:al In1ormatlon No Oat,:) AY;)']i3blc... 13. Disposal Consldera!'ons o spos;; i:1 a~t;lllddlH.;1< with GJlpli':Hbl" fHCHr'll, lIt;!t!! a"1d Icea g:wernment reg'Jloliorls. Pfl!iS :Jof4 MATERIAL SAFETY DATA SHEET NEW SIKADUR 51 SL . PART 8 14. Transpnrt Information PTDll8r ShieD'no Name NOT REGULA,ED Pt:I~ C.O.-. 15. Requlatorv Informalion U.S. Reaulatorv Informatio1 All bgredicnts of rh,s I=roeucJ ar~ listed 0' ,,,.. exclurled [lOrn istln~ iJncer :1'" II,S, Tcxi~ Subsl,~nces COitrol Act (TSCA) Chemical Subs:Jnce In'.entorj SARA Hazard Classes Acu:e HeaRh I'bnrd Chronic t-eaith Hazard SARA Section 3'3 Notiflcatio'l This producl dees not co,ita'n any ingred!tcls rf!,:miated"fld"r 3a~llnn 313 of the EnleI9R"lGY Pldrnng ;one COmffi'Jn',l)I R!;lht-To-K;"ow T''':,', oj',Ir;'.!:, cor 4'J Cr!{ :\12, 16. Other Information liNtIS Rating H.alth: 3 FIre: 1 Reacllvlty: 0 PPE: C Disclaimer nle t1atll 111hlS '.la:erial Safoly Di)ta S~lcel relJ:e5 cnl~' to :1"e spe:lfl~ mllterla herej, and COe$ nm rel,Jle to IISA in comtJinlll nn with any other n1il:crialor in any process. T-,e information SA: forth herAn IS ba;;ed Crt lechrt'cOlI ell'! t!'l tflal Sik!'l hflliA'CS to be relia~I,~ ilS ;;>f the ,=ate hc,,:-of. S'nce conditions flf use are clI:slde cur c::)"Irol, we makfl nn WDlTantics, c~~reEs cr implied l'!ooassu":'e '''' liability in 1."(;'1nHcllon with any U:ie nl ::1is ,"frmra~Qn, Nnth,n;,:l herein 's to be laken il5 a license :0 r.1'fl.a:e '.ImlP,I Dr l'Il",r.om""lnnllllln h> l-,1rln~e 0[1 Hny paltmts. SII{A, CORPORATIC,... - F.-.......:",..,"PiI'lro1~,<>c.,......."'... ...., Page 4 of 4 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hltp:\\www.miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 INVITATION TO BID NO. 67-02/03 ADDENDUM NO.4 October 7, 2003 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE is amended as follows: I. The Bid Opening date has been changed from October 10, 2003 to October 14, 2003 @ 3:00 p.m. II. The Bid Form has been REVISED. (See attached "REVISED" Bid Form, dated 10/07/03) Bidders are required to acknowledge this addendum on proposal pagel 12, "Acknowledgement of Addenda", or the bid may be considered non-responsive. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director rm 03000. BID PROPOSAL FORM (Proposal Paae 1 of 3) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE Our bid includes the total cost for the work specified in this bid which consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide concrete restoration and repairs to the 17th Street Parking Garage. Our bid is broken down within three types of repairs. NOTE: The City of Miami Beach reserves the right to award this Contract based on bids received that are deemed to be in the City's best interest. Award may be made to the lowest and best bidder's TOTAL BID for Items 1 and 2, or should additional funds be made available, award may be made to the lowest and best GRAND TOTAL BID for Items 1 - 3. 1. Cracks in beams: Repairs to small cracks generally in the mid-span of the joists at all levels of the garage. All of these cracks need to be repaired as per the manufacturer recommendations (Sika or equal). EST. QTY: UNIT PRICE TOTAL 6,000 linear feet x $ L.F = $ Written Amount 2. Spalling repairs: Repairs are needed throughout the parking facility. Spalls and poorly repaired concrete areas require properly repaired sections of concrete. A proper repair requires removal of existing concrete, cleaning of corroded reinforcing steel, and replacement with a Polymer modified cementitious patching material selected to be compatible with the surrounding concrete and with its intended use or exposure. · Columnsl tie beams 30cubic feet x · Floor slabs 150 square feet x $ $ C.F = S.F = $ $ = TOTAL: $ Written Amount BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 1 Addendum 4 "Revised" Bid Form 10/07/03 (Proposal Paae 2 of 3) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE TOTAL BID: (total for Items 1 and 2 above) $ Written Amount ADD ALTERNATE: 3. Waterproofing: . Elastomeric Deck System Vulkem 350/345/346 by Tremco or "equal" product with a minimum 5 year warranty. EST. QTY: UNIT PRICE TOTAL 159,258 square feet x $ S.F. = $ Written Amount GRAND TOTAL BID: (total for Items 1-3) $ Written Amount Note: In the event additional work (quantities that exceed the estimated quantities listed for Items 1-3 above) is needed, price for additional work will be neaotiated bv the City Manaaer. or desianee at the time the additional work is warranted. Consequently, the substantial and final completion days will be negotiated by the City Manager or designated representative with the same accessed liquidated damages as described on Page 42, Section 2.3 of the Bid documents. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 2 Addendum 4 "Revised" Bid Form 10/07103 (ProDosal Pa~e 3 of 3) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE FIRM'S NAME (Print or Type): SIGNATURE: TITLE/PRINTED NAME: ADDRESS: PHONE NO. FAX NO. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 3 Addendum 4 "Revised" Bid Form 10/07/03 TABLE OF CONTENTS PAGE NOTICE FOR BIDS .....................................................................................................................6 NO BID NOTIFICATION FORM ...............................................................................................9 00100. GENERAL INSTRUCTIONS TO BIDDERS ...................................................10 00200. DEFIN ITIONS ......................................... ................................ ..................... ....... 11 00300. INSTRUCTIONS TO BIDDERS ....................................................................... 15 1. Examination of Contract Documents and Site ................................... 15 2. Pre-Bid Interpretations ........................................................................... 15 3. Submitting Bids.......................................................................................16 4. Printed Form of Bid ................................................................................16 5. Bid Guaranty ...........................................................................................16 6. Acceptance or Rejection of Bids.......................................................... 16 7. Determination of Award ......................................................................... 17 8. Evaluation............. .......................................................... ........ ................. 17 9. Contract Price ......................................................................................... 17 10. Postponement of Date for Presenting and Opening of Bids ........... 17 11. Qualifications of Bidders .......................................................................17 12. Addenda and Modifications ..................................................................18 13. Prevailing Wage Rates.......................................................................... 18 14. Occupational Health and Safety.......................................................... 18 15. Environmental Regulations ................................................................... 19 16. "Or Equal" Clause ..................................................................................19 17. Protested Solicitation and Award .........................................................20 18. Financial Stability and Strength ........................................................... 20 00400. BI D/TEN DER FORM ............. ................. ............. ......... ............. ........ ...... ..........21 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES .....................24 00407. SCHEDULE OF PRICES BID ..........................................................................25 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ......................................................26 00500. SUPPLEMENT TO BIDITENDER FORM QUESTIONNAIRE .............................................................................................28 BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 2 00520. 00530. 00540. 00550. 00600. 00708. 00710. 00720. 00721. 00735. 00800. TABLE OF CONTENTS (Continued) SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE .................................................................. 35 SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIF ICATION.............................................36 SUPPLEMENT TO B IDITENDER FORM TRENCH SAFETY ACT .................................................................................... 38 RECYCLED CONTENT INFORMATION .......................................................40 CONTRACT ....... ..... ........ ........................... .................. ........................... ............41 FORM CERTIFICATE OF INSURANCE........................................................50 FORM OF PERFORMANCE BOND ...............................................................51 FORM OF PAYMENT BOND ...........................................................................54 CERTIFICATE AS TO CORPORATE PRINCIPAL.......................................57 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ......................................................58 GENERAL CONDITIONS ................................................................................. 60 1. Project Manual........................................................................................ 60 2. Intention of City .......................................................................................60 3. Preliminary Matters ..... ............... ............................................ ..... ........... 61 4. Performance Bond and Payment Bond ..............................................62 5. Qualification of Surety .......................,...................................................63 6. I ndemn ification................................................................... ..................... 65 7. Insurance Requirements .......................................................................65 8. Labor and Materials ...............................................................................68 9. Royalties and Patents............................................................................ 69 10. Weather ........ ............ ............ ........... ...... ....... ...... ..... ................................. 69 11. Permits, Licenses and Impact Fees ....................................................69 BID NO: 67-02103 CITY OF MIAMI BEACH DA TE: 08/26/03 3 TABLE OF CONTENTS (Continued) 12. Resolution of Disputes........................................................................... 70 13. Inspection of Work ..................................................................................71 14. Superintendence and Supervision....................................................... 71 15. City's Right to Terminate Contract....................................................... 73 16. Contractor's Right to Stop Work or Terminate Contract ................................................................................ 74 17. Assignment................. ........................ ................................ ..................... 74 18. Rights of Various Interests.................................................................... 75 19. Differing Site Conditions ........................................................................75 20. Plans and Working Drawings ...............................................................76 21. Contractor to Check Plans, Specifications, and Data ....................................................................... 76 22. Contractor's Responsibility for Damages and Accidents .......................................................................76 23. Warranty..... .................................... .... ............................ .........................76 24. Supplementary Drawings ...................................................................... 77 25. Defective Work ....................................................................................... 77 26. Taxes. ................. ...... ................................................... ........................ ..... 78 27. Subcontracts ............... ....... .... ............. ................................ ...... ......... ..... 78 28. Separate Contracts ................................................................................78 29. Use of Completed Portions ...................................................................80 30. Lands for Work .......................................................................................80 31. Legal Restrictions and Traffic Provisions ........................................... 80 32. Location and Damage to Existing Facilities, Equipment or Utilities ........................................................... 81 33. Value Engineering .................................................................................. 82 34. Continuing the Work ..............................................................................82 35. Changes in the Work or Terms of Contract Documents... ....................... ...... ....... .......... .........................82 36. Field Orders and Supplemental Instructions ...................................... 83 37. Change Orders ....................................................................................... 83 38. Value of Change Order Work ...............................................................84 39. Notification and Claim for Change of Contract Time or Contract Price .......................................................... 89 40. No Damages for Delay.......................................................................... 89 41. Excusable Delay; Compensable; Non-Compensable ................. ............. ............. ........................ ..............90 42. Substantial Completion .........................................................................91 43. No Interest .................. .......... ......................... ................. .........................91 44. Shop Drawings .......................................................................................92 BID NO: 67-02103 CITY OF MIAMI BEACH DA TE: 08/26/03 4 00900. 00920. 00922. 00923. 00925. 00926. 00930. 00950. 01000. 02000. 03000. 04000. 05000. 06000 BID NO: 67-02103 DA TE: 08/26/03 TABLE OF CONTENTS (Continued) 45. Assig n ment.................. ................................................ ............................ 93 46. Safety and Protection ............................................................................ 94 47. Final Bill of Materials .............................................................................. 95 48. Payment by City for Tests ..................................................................... 95 49. Project Sign ............................................................................................. 95 50. Hurricane Precautions ........................................................................... 95 51. Cleaning Up; City's Right to Clean Up ................................................96 52. Removal of Equipment .......................................................................... 96 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act..................................................... 96 54. Project Records ...................................................................................... 97 SUPPLEMENTARY CONDITIONS .................................................................98 ADDITIONAL ARTICLES ..................................................................................99 1. Prevailing Wage Rate Ordinance ........................................................ 99 2. Federal Grant Projects ..........................................................................99 STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ............................100 STATEMENT OF COMPLIANCE (DAVIS BACON ACT) .....................................................................................101 CERTIFICATE OF SUBSTANTIAL COMPLETION....................................102 FINAL CERTIFICATE OF PAYMENT ...........................................................104 FORM OF FINAL RECEIPT ...........................................................................105 DRAWINGS INDEX .........................................................................................107 ADDENDA AND MODI FICA TIONS...............................................................108 TECHNICAL SPECIFICATIONS ...................................................................109 BID PROPOSAL FORM..................................................................................110 ACKNOWLEDGEMENT OF ADDENDA......................................................112 CUSTOMER REFERENCE LISTING ...........................................................113 ORDINANCES; LOBBYIST, CONE OF SILENCE, DEBARMENT, CODE OF BUSINESS ETHICS, PROTESTED SOLICITATION AWARD .........118 CITY OF MIAMI BEACH 5 PROCUREMENT DIVISION m ~ Telephone (305) 673-7490 Facsimile (305) 673-7851 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\www.miamibeachfl.gov INVITATION TO BID NO. 67-02/03 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 30th day of September 2003 for: CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE At the time, date, and place indicated above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The city is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Scope of Work: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide concrete restoration and repairs to the 17th Street Parking Garage. There will be 3 different types of repairs: . Cracks in beams: Repairs to small cracks generally in the mid-span of the joists at all levels of the garage. All of these cracks need to be repaired as per the manufacturer recommendations (Sika or equal). . Spalling repairs: Repairs are needed throughout the parking facility. Spalls and poorly repaired concrete areas require properly repaired sections of concrete. A proper repair requires removal of existing concrete, cleaning of corroded reinforcing steel, and replacement with a Polymer modified cementitious patching material selected to be compatible with the surrounding concrete and with it's intended use or exposure. . Waterproofing: Waterproofing is needed on the storage room, roof level, located on the west area of the parking garage. The waterproofing has lost its integrity and needs to be repaired. Estimated Construction Budget: $300,000 Minimum Requirements: Prospective Bidders must have five (5) years minimum experience as a licensed General Contractor, and must have completed at least three (3) projects within the last five (5) years associated with Sikatop 123 and Sikatop 122 or equal products for spalling repairs and Sikadur 51 NS/SL or equal for epoxy installations and be certified for the installations of the product by the manufacturer. Contractor must provide reference of at least 3 separate projects where the installation of such products has been successfully installed with a total project value of $100,000.00 or greater. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 6 Each Bidder shall furnish a list of all projects demonstrating experience encompassing the above referenced components. Projects must demonstrate familiarity with the installation of pump stations and water mains. In order to properly evaluate the bids, the City requests that each prospective Bidder submit project references for previous projects completed within the last five (5) years. It is further recommended that such projects include the following information and components: . Project Name . Project location . Brief description of work performed . Names, addresses, telephone number, fax number, and contact name for following: - Owner or Agency - Architect or Landscape Architect, or Engineering Consultant - General Contractor (if work performed as a Sub Contractor) - Name of General Contractors' project manager and field superintendent . Awarded contract amount and final contract amount . Explanation of differences between award and final contract amounts, if difference exceeds 10% . Original scheduled project completion date, actual final completion date. The General Contractor and/or Sub-Contractors must have required licenses in order to obtain all required permits for the completion of the project. Bid Guaranty: All Bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, of this bid document or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the Contract Bid Amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance and Payment Bonds, each in the amount of one hundred (100%) percent and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. A Non-Mandatory Pre-Bid Conference will be held at 10:00 a.m. on September 17, 2003 at the City of Miami Beach City Hall, First Floor Conference Room, located at 1700 Convention Center Drive, Miami Beach, FL 33139. Attendance at the Pre-Bid Conference is HIGHLY ENCOURAGED and recommended as a source of information but it is not mandatory. The City of Miami Beach has contracted with BidNet and has begun utilizing a new central Bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet, this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new Bids, amendments and awards. Vendors with Internet access BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 7 should review the registration options at the following website: <http://www.govbids.comfscriptsfsouthfloridafpublicfhome1.asp>. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Plans and specifications are available for this Bid but must be ordered through T-Square Miami, Phone No. (305) 324-1234. The attached order form on page 10 of the Bid package must be completed and returned to T-Square Miami before prospective Bidders will receive requested plans and specifications. 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 titlefnumber shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questionsfclarifications will be sent to all prospective Bidders in the form of an addendum. 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 NO. 99-3378. A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING THIS BID MUST BE FILED WITH THE CITY CLERK. 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. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE BID SOLICITATION PROTEST ORDINANCE NO. 2002-3344. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE LOBBYIST FEE DISCLOSURE ORDINANCE NO. 2002-3363. YOU ARE HEREBY ADVISED THAT THIS BID SOLICITATION IS SUBJECT TO THE CAMPAIGN FINANCE REFORM ORDINANCE NO. 2003-3389. /":-;' . ~/ /-., -,.-- / ~ t..<~~~- I, CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 8 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\'wIww,miamibeachfl.gov PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7851 Bid No. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a Bid at this time, please detach this sheet from the Bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED: _ Our company does not handle this type of product/service. _ We cannot meet the specifications nor provide an alternate equal product. ______Our company is simply not interested in Bidding at this time. Due to prior commitments, I was unable to attend pre-proposal meeting. _______OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future Bids for this type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a Bid or this completed form, may result in your company to be removed from our vendors list. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 9 00100. GENERAL INSTRUCTIONS TO BIDDERS: 1. General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their Bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these Bid documents have a [ ] box which may be checked. If the box is checked, the language is made a part of the Bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the Bid documents. 2. Scope of Work: The work specified in this bid consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide concrete restoration and repairs to the 17th Street Parking Garage. There will be 3 different types of repairs: . Cracks in beams: Repairs to small cracks generally in the mid-span of the joists at all levels of the garage. All of these cracks need to be repaired as per the manufacturer recommendations (Sika or equal). . Spalling repairs: Repairs are needed throughout the parking facility. Spalls and poorly repaired concrete areas require properly repaired sections of concrete. A proper repair requires removal of existing concrete, cleaning of corroded reinforcing steel, and replacement with a Polymer modified cementitious patching material selected to be compatible with the surrounding concrete and with it's intended use or exposure. . Waterproofing: Waterproofing is needed on the storage room, roof level, located on the west area of the parking garage. The waterproofing has lost its integrity and needs to be repaired. 3. Location of Work: Parking Garage is located at 640 1 ih Street, Miami Beach 33139 4. Abbreviations and Svmbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 5. Bid PackaQe Submission: Sealed Bids will be received by the City of Miami Beach Procurement Director, 3'd Floor 1700 Convention Center Drive, Miami Beach; Florida 33139, until and no later than September 30,2003 at 3:00 PM. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 10 00200. DEFINITIONS: 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Bidder: Any individual, firm, or corporation submitting a Bid for this Project, acting directly or through a duly authorized representative. 1.2. Chanoe Order: A written document ordering a change in the Contract Price or Contract Time or a material change in the Work. 1.3. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and lor for which this Contract is to be performed. In all respects hereunder, City's performance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.4. City Commission: City Commission shall mean the governing and legislative body of the City. 1.5. City Manaoer: City Manager shall mean the Chief Administrative Officer of the City. 1.6. Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. 1.7. Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.8. Contract Documents Clarification: (Not Applicable) 1.9. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. 1.10. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 11 Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is reqLired by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.11. Contract Price: The original amount established in the Bid submittal and award by the City, as may be amended by Change Order. 1.12. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.13. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.14. Defective Work: Within the context of this Article 25 of the General Conditions, the word "defective" shall be/have the meaning of an adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility of the protection thereof has been assumed by CITY at Substantial Completion in accordance with Article 42 of the General Conditions. 1.15. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.16. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.17. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 12 1.18. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.19. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.20. Plans and/or DrawinQs: The official graphic representations of this Project which are a part of the Project Manual. 1.21. ProQram ManaQer: N/A 1.22. Proiect: The construction project described in the Contract Documents, including the Work described therein. 1.23. Project Initiation Date: The date upon which the Contract Time commences. 1.24. Proiect Manual: The official documents setting forth Bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the technical specifications; and the plans and drawings of the Project. 1.25. Resident Proiect Representative: An authorized representative of the City or Consultant or Program Manager assigned to represent the City or Consultant or Program Manager on the Project. 1.26. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.27. Substantial Completion: The date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.28. Surety: The slfety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract BID NO: 67-02/03 CITY OF MIAMI BEACH DA TE: 08/26/03 13 and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.29. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO: 67-02/03 CITY OF MIAMI BEACH DATE: 08/26/03 14 00300. INSTRUCTIONS TO BIDDERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to Bid opening. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 15 3. SubmittinQ Bids: All Bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for Bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE BID/CONTRACT NO.: 67-02/03 4. Printed Form of Bid: All Bids must be made upon the blank Bidrrender Form included herein and must give the price in strict accordance with the instructions thereon. The Bid must be signed and acknowledged by the Bidder in accordance with the directions on the Bid form. 5. Bid Guaranty: All Bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the Contract Bid Amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, The Bidder Awarded this contract will be required to provide the Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all Bids prior to award. Reasonable efforts will be made to either award the Contract or reject all Bids within ninety (90) calendar days after Bid opening date. A Bidder rray not withdraw its Bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of Bid opening. A Bidder may withdraw its Bid after the expiration of ninety (90) calendar days from the date of Bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 16 7. Determination of Award: The City Commission shall award the contract to the lowest and best Bidder. In determining the lowest and best Bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the Bidder to perform the Contract. b. Whether the Bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the Bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction cortractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future Bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postponement of Date for PresentinQ and Openino of Bids: The City reserves the right to postpone the date for receipt and opening of Bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from firms normally engaged in performing the type of work specified within the Contract Documents. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 17 location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to Bid opening. All addenda and other modifications made p-ior to the time and date of Bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. PrevailinQ Waoe Rates: City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this Bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 18 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure. 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental ReQulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment d other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 19 ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 17. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested Bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 18. Financial Stability and StrenQth: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit financial sta tements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the Bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of Bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non-responsive. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 20 00400. BIDITENDER FORM: Submitted: Q~~S'.P_~~_l]J__~Q.Q.~________ Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all oonditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the Bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete withi n the time limits specified the Work covered by the Contract Documents for the Project entitled: The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 21 Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: _...Adnpnnl1m NO-.-...1.. Annpndum-~~_4__________________ __~QQ~E_~~_~9~__~_______________________________________------------ Addendum No. 3 --------------------------------------------------------------------- Attached is a Bid Bond kt Cash [ ]. Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No.________Bankof_________________________________________________for the sum of -~----------------------------------- Dollars ($--~------). The Bidder shall acknowledge this Bid by signing and completing the spaces provided below. Name of Bidder: _~!9!,j...s1_'!_~~!fIil]:J~.L_f.9..!...2..~______________________________ City/State/Zip: _~!~~__~~_~~~_h__~~E~~_1:.~_~~!_~_~_~.:!._____________________ _~~~~j.J_~!Q!'id~_~~l~_~______________________________ Telephone No.: _JQ2-=..?~1::1.H~_________________________________________ Social Security No. or Federal I.D.No.:_..5.9-2 7 a451.n...___________ Dun and Bradstreet No. :_.9...2:-Ji..6.B.9A.1U..---------- (if applicable) If a partnership, names and addresses of partners: --------------------------------------------------------------------- --------------------------------------------------------------------- --------------------------------------------------------------------- BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 22 (Siqn below if not incorporated) WITNESSES: (SiCln below if incorporated) ATTEST: r4-- '2/L-<. {!Jet' :2t":J1-~~:?, LY-""~e&etaro// , (CORPORATE SEAL) ---~---~--------~------------------ (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) !'.!.9-!:..i9.!L];.~J.l!..C!.:r.k.L_~..9_m...________ (Type or Print Name of Corporation) c~ ------------------------------------ (Signature and Title) Vice President _~~l}_io_g2EI~~~~________________ (Type or Print Name Signed Above) Incorporated under the laws of the State of: n.9_~.l<iL______ BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 23 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: "BUILDING DEPARTMENT DOES CHARGE FOR CODE COMPLIANCE FEES" "LICENSES, PERMIT AND FEES WHICH MAY BE REQUIRED, BY MIAMI-DADE COUNTY, THE STATE OF FLORIDA, OR OTHER GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST. The prospective Bidder must comply with all applicable Professional Licensing requirements, including but not limited, to those required by General Contractors. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a) If the contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 24 00407. SCHEDULE OF PRICES BID: (Please refer to page 117 of this Bid package) Consideration for Indemnification of CITY $25.00 [X] Cost for compliance to all Federal and State requirements of the Trench Safety Act* [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 41, Section 00540, to be considered responsive.] IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED, AND METHOD. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 25 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: Applicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiring: (Date) Bid/Contract Number We hereby authorize you to draw on_____________________________________ (Bank, Issuer name) at ___________________________________________by order of and for the account (branch address) of________________________________________________________________ (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of ______________________ available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager of the City of Miami Beach, or his authorized representative, that the drawing is due to default in performance of obligations on the part oC______________________________ ___________________________________________agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and__________________________ (contractor, applicant, customer) pursuant to the Bid/Contract No. _______ for __________________________" (name of project) Drafts must be drawn and negotiated not later than ___________________________. (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. ________________ of________________________________________dated____________ (Bank name) BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 26 This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the ____________________________ (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 27 00500. SUPPLEMENT TO BIDITENDER FORM: (To be executed by Contractor/Sub-Contractor) THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? License/Certification/Reg istration j~.llQQ.1_HJH.=~.!:iLt_~_Q.Lf_:L'!,-__ ....c.GC.o.5..1A:Z.o. - ~ +- '" +- E' o.L..E.la__ # Years 15 ------ ---~-- 1A. What business are you in? __(;;QDp_tLqg,U.9.!L_____________ 2. What is the last project of this nature that you have completed? Dadeland Mall Parking Garage _Hert~_l:~~~~E9__~~E~9~________________________________________. 3. Have you ever failed to complete any work awarded to you? If so, where and why? NONE 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. ________________~QN~____________________________________________ BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 28 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4.1. ~~E~E}_~~~!E~_~~~!:~ELl!~~~L.J_~~_~9}_~~~~~l__~Q.~=~"?}_-=-~~~ 0 (name) (address) (phone #) 4.2. University of Miami James Durante 305-284-4214 ---------------------------------------------------------- (name) (address) (phone #) Centex Rooney 561-478~0381 ---------------------------------------------------------- (name) (address) (phone #) 4.3. 5. List the following information concerning all contracts in progress as of the date of submission of this Bid. (In case of co-venture, list the information for all co-venturers.) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE Biscayne --Cores lab 300,000+/- 12/31/03 50% V~~~a~~---------------------------------------------------------- Hialeah PG city 200,000 +/_ 11/30/03 20% ----------iDI'1fLaTean------------------------------------------- FIU________~!9E_~_~!:9~~_~Q.Q.LQ~~__~L=_~~_~Q.L~]_______1UL~________' (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ____________________X~~__________________________________________ 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. ___________________NQN~_________________________________________ BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 29 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. 8. What equipment do you own that is available for the work? E..E...~~~_.!Ej_~~!:.!-.s>..!!-I!!~E!1j._I!.~L~.!-~__~<2.I!!EE~~~~!:~...L~!!~.!'ii_~~;:~L_Ell_ot blasting equipment and every piece of equipment necessary to perform the task. 9. What equipment will you purchase for the proposed work? -----------------~Q~----------------------------------------- 10. What equipment will you rent for the proposed work? --------------~--------------------------------------------- 11 . State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. E_r!L'LLi.Q_.F.9_c!~igll.S!_z_-=-PrQj.S!ct.._M~.!l.E...9..~;:=1j..s:_~.x!.~gg__________________ General Contractor, Master Certificate in Concrete Repairs and endorsement of several material manufacturer. Ben.t..tCLOt'r1nn - ~l1peri nh>nde.n!:..=-...3...G.}[e.a.I:.S-_i:.._pxppri eD.c.iL..in______ concrete restoration. BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 30 12, State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 12.1 The correct name of the Bidder is -~lor-j.-.d.a--t.~r-~-P-r------. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). __~~~e~E~_~~~~__________________________________________ 12.3 The address of principal place of business is 8181 NW 36th street, Suite #31. Miami, Fla. 33166 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Linda Rodri~u8~----------------------------------------- E~~}_~~_g~E~_~~~ez_________________________________________ 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. NONE BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 31 12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. ----------~------------------------------------------ 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). NONE 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. NONE BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 32 12.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. NONE 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. NO 12.11. Under what conditions does the Bidder request Change Orders. Increased scope of work or functions other than those contracted for. 12.12 You must provide the names of all individuals or entities Oncluding your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. L' d Rd' e ln a 0 rlgu z Emilio Rodriguez BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 33 12.13 Individuals or entities (including our sub-consultants) with a controlling financial interest: ______have -XX-___have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By:_______________________________ General Partner Print Name __n., WJ~NEf~~ //r------)",----. Ji!!~~~J~L~~_____l Signature' _!ili!~~~__/ ~ ~~ ~ Print Name Address IF CORPORATION: yo 1 Q~J,.9jL~~ma.f'h_QQ.n)~_______ Print Name of Corporation C. ./----- ------- '---------------------- B' ~/v" p( /)~"// Y.-- -- ~~~ ~~ Presi en" Linda R<t, rigue' ~ (CORPORATE SEAL) Attest: -cI,&~~--"~!3~~{~~3'secretary ,Fy :zf~~ BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 34 00520. SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. Submitted this _J_4...t..h day of _Q~J:..9J~..e.L_____________, 2003. The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that tlis Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: Bid No. 67-02/03. {' /'-" SIGNATURE ~~~~j~__~odEj3_~~~__________________ PRINTED NAME Yi9~_~~~~!g~F_~__________________ TITLE (IF CORPORATION) BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 35 :.-." 00530. SUPPLEMENT TO BIDITENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 36 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). ____c~:::._______ (Bidder Signature) ~!~Ei_~~_~~~2r~L_~~~~~___ (Print Bidder's Name) STATE OF !}_~~:!:.~~_________ COU NTY OFl'i!.!!!!Ii-.:--P-'!.<!~____ The foregoing instrument was acknowledged before me this 11th.. day of ___-Octobe~ ,2~~_,bY~~~Q-~~g~~________________________as (name of person whose signature is being notarized) ,,' n__' "--'- (title) of El . d lr ___,,-~.c.e....-=.L...eS~J..U:::..l""""'_ 0 r ~ a.-.Lemaz::--:7--Co.l;.p-------. (name of corporation/company) known to me to be the person described herein, or who produced _____________ as identification, and who did/did not take an oath. NOTA~Y7PUBLI :" /. ) ~~-cc- ~cc~_____ (Signature)' ---j Evelyn D. Roig (Print Name) EVaYNAOtG MY COMMISSION # DD 14Oi69 EXPIRES: December 9, 2006 eondedThru~Publ1<U- My commission expires:_______ BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 37 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 cFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Description Unit Quantity Price Unit Price Extended Method _~fA------------- ------- Total $_______ BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 38 IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. E1Q~~_~~_~~~_~~~LC9~~~________ Name of Bidder /~- ----~---------~--------------- Authorized Signature of Bidder *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, Le., DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED, AND METHOD. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 39 00550. RECYCLED CONTENT INFORMATION In support of the Florida Waste Management Law, Bidders are encouraged to supply with their Bid, any information available regarding recycled material content in the products Bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 40 00600. CONTRACT CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and Florida Lemark. Corp" hereinafter referred to as CONTRACTOR. WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date. which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1 .1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. BID NO: 67-02/03 CITY OF MIAMI BEACH DATE: 08126/03 41 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within one-hundred-eighty (180) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus approved time extensions, CONTRACTOR shall pay to CITY the sum of three-hundred dollars ($300.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of two hundred dollars ($200.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by cONSU L T ANT in administeri ng the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 42 ARTICLE 3 THE CONTRACT SUM [] This is a Unit Price contract:* 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices Bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X ] This is a Lump Sum contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 43 required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in quadruplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable upda1ed progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 44 ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 45 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entitv Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to the CITY, may not submit a Bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit Bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 46 forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 AUn: Gus Lopez, Procurement Director With copies to: City Attornev City of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: Florida Lamark, Corp. 8181 NW 36th Street, Suite #31 Miami, Florida 33166 AUn: Emilio RodriQuez. Vice President 6.7 Assianment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 47 6.8 Materialitv and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a witten document prepared with the same or similar formality as this Contract and executed by the Board and CONTRACTOR. 6.12 Prior AQreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 48 representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the,parties have set their hands and seals the day and year first above written. ATTEST: _/1 j)JI!kl&~ ci~~~~ OF MIAMI BEACH CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONcORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ~!ATTE~ /I , ~ (sec~~ By: FLORIDA LEMARK CORPORATION ---------------- ~ame of orporation) '- ~ 7/ (Signature) (Corporate Seal) Linda Rodriguez, President (Print Name and Title) _1Q.. day of _-p-ec~!!!!?er __, 20iL3__o [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of 20 0 APPROVED AS TO --- ---------,-- cl~~~5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. I~~.'~ CITY OF MIAMI BEACH 49 / BID BOND TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, That we, FLORIDA LEMARK CORPORATION, 8181 N.w. 36TH STREET, SUITE 31, MIAMI, FL 33166 as Principal, hereinafter called the Principal, and TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the Stale of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF MIAMI BEACH, PROCUREMENT DIVISION, 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL 33166 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID Dollars ($ 5 % ______________m__ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE BID/CONTRACT NO: 67-02/03 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed anI;! sealed this 30th day of SEPTEMBER (ell '\ ) -- ,2003 . \ '"J / ~~ '--- .,'-------. (Wrtness) (Principal) (Seal) ,l..,.....l';, ./,,' . ..R II.. r .......,.. f (Tille) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) .-' -" .--- By ___---.. rr:Jv. MATSON III, FL RESIDENT AGENi .~ ""'.=---'.'~~'-.-:~~ .....?::.."-;;;>_.- ~;-;, -,,' ---.~. /L (Al\omAy-in-F~ Printed in cooperation with the American Institute of Architects (AlA) by Travelers Ca$ualty and Surety Company of America. The language In this document conforms exactly to the language used in AlA Document A310, February 1970 edition. S-1869-O (07-97) BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, That we, FLORIDA LEMARK CORPORATION, 8181 N.W. 36TH STREET, SUITE 31, MIAMI, FL 33166 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF MIAMI BEACH, PROCUREMENT DIVISION, 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL 33166 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID Dollars ($ 5 % ------------------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE BID/CONTRACT NO: 67-02/03 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed an!:! sealed this 30th day of SEPTEMBER ({Ll \ ) \ \~..J / ,~ '---..- "---" ,2003 . (Witness) (Principal) (Seal) .,-../. f /~' . .,p:- I!" r ......."... r (Tille) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) -, By .__-_. ~_._' .----.~ D:W. MATSON III, FL RESIDENT AGENT -~ ~'~...:-.:~~ ~~/~:;:;) (AIIOmRy-in-F~ Printed In cooperation with the American Institute of Architects (AlA) by Travelers Casualty and Surety Company of America. The language In this document conforms exactly to the language used in AlA Document A310, February 1970 edition. S-1869-G (07-97) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 23rd day of May 2003. STATE OF CONNECTICUT } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY - By George W. Thompson Senior Vice President On this 23rd day of May, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. 'fY\~ ~~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 30th day of SEPTEMBER ,2003. ~-M-""'pl ~ By ~ Kori M, Johanson Assistant Secretary, Bond ~.. 'ftavelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism, We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. -----------------~----,~-,;. ~ I i i I Ac#0889175 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L03041500754 DATE 04 15 2003 200401316 B0014404 The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter489FS, Expiration date: AUG 31, 2003 ..... -.. ", (THIS IS NOT A LICENSE TO PERFO~WORK, THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER,) FLORIDA LEMARK CORPORATION 8181 NW 36TH STREET MIAMI FL 33166 DIANE CARR SECRETARY f fill ~ff ~Jj ~ .f, ~:~ i~~ I" ~J3E'C : .;~.'I" 'fW.P: ~,::-: RNG: 40 ~.' "1"(1 '( ('I: "'(')'~n'-~'7() 1 ()()'~ 1 (" ~~ L. ..... ...:-.. .... h .<. . .... , !/l! ~.~~~ ~.;'1AH.r.Nc; I-wrf.l\:U::SS/CrrNTACT PERSON: ~ Fl. OR J nA l. E'MARf(' COF.:F'ORA T J ON t4'l.' .~,,,'" 1 )\IW '~6 ''''I' "":'1 ~ '..' ). '.-~ '..". v 11".;,1 '1'1 M J AM J Fl '''I,,~ 11'.1' - ,,~ - " '.'. ,.' ~~~ ~l.1S r(\ff.BS USE': WA.REI-fOf.lSE': OFrH:~f.' OM.. r I:' .ISF.. E,PEI:::( F 1 C:!::;: ClIl\lTRACHIRS I:rFF 1 Cf.'. '. ::ONIU'nONf.-l: .NO ou'rsrnf.' s...(~r,;E/"NO _RETAH. SAtES .' llf,~ Y \.ll;;E 1:11\11.. Y I'. ".' ..f.:C;/~1.. J:1E~:ir.:R J: PT J: ON: THE 1. NTERN/H X C1NAI..E r'Rl:lr BI..J:1G l' ~ N1Nl~ ~:t; ..I. . . . ..I I. ". :IA rt,: Or L:O :( S:::UANt::r.: : l2./2:U 1 ''!I'iI'iJ If"H1'fi C!:HTJ'F1TATE' M 1,1 S T B E' P 0 S T E' 1',1 ON PRt'MJ8f:"S. ITf-I ts C(f.R"( IF JC.~ rtf. lJ.F OCGIJ.""~.Ncr rs VAt.. 1'0 FOR P.N UNC .1'1'11' ....E.() 'r LME'_, I.!Nt.€.~,S Ii: .'''-....l..,<':''1 F'I'lf' (':"[11':;'" ""Rl'IV'lIl"'-Q 'YH'" \-Il"~' l':l'nvl)~'\ 'I"'!'l W'l')'H ""''''-,, '(\':""'1 '" t':"I)''''' ':~'.' "'\.1;;;-. v. .r.-.I. ~ <<. . M . ~._I:-.., r. .'1:".1. 1:'. . '\:lr::-. ..". .... r.... MI- r- I... . M1:"I ..~-. . l.. ._It~. fi' "EHULRE'I1EN"(S OF '"LAt'lr-OAOE' COUNTr A.NO ~'_Rovrt)E'() "HE'RE' rs NO CHANGE' OF !~' .l!?E > f.-lU!" I N!:-:SS N?\lViE DR !:IWNF..RSH-.n..'. ANf.l Nt:I ENJ..A"RGEMEN'T. AI..TF..r~f-H HII\I [lR [IIH'nOI\f I"I\f THE' USE'_, BUJUHNG OR STRUCTURE'. SUCH CHANGE'S REWJLRE' A ~\IEW Cl:-RrI F 1[:?\Tf.'. \)1" u\:n:-: AND DCCllFANt::"1., WTTH 'YHE 'l\:INl NG f"ERM1"1'l:, SEI:TlIJN 'UPo'f :,lO~i-:1.'Tl -1 ~:'4'7.. \Il PI._EAl,E CDN-TACI" THE MIA1.,1 l1HOE t:1\::t::(,1l'-'AT1l:lNAl.. l..".lCf.'.NSE [lrF1CI:'. Ft:lR ~i{r:F"If.~- LR RFW.! LRf."MENTS _A T ~:l(l~j.--7. '1(1-494"'.1. ~ 1:<'/:.';:';':/1 S",!!'iJ l.O: 47 (;Il.ll NeI 1 <;091:.':2:;;0024 RBN-ll":I7.Al" CENTRI-ll.. ""~~-~! ~--:::)II'mM:.~"""'- 121_- 1.1EPARTMEN'T [IF PI..ANN:! I\lD > 1ll:'.VEI..DPMENT ANti h"Et;;\.1I..AT'1 [IN ~IAM~'" F'E:RM_~NE'''fm~rl~J:'i;:eff.' (1)f.)t1~T"ND OGCUf.:'ANCY . ~~'iiiiII ~ C:E-:ffr NI:I: 20000:;:6:::~31 PHOCf.'SS NO: 1.,.;~(JO(l<)(rl:';'::';': f lONE-:: lU-2 FE-E': $41 ;;1_. ~<I CORP NAI'lf.:/I1/B/A I~N)) AJ'JJ:1Rf.:SS: Fl. OR J [)A l. E'MARK' CORF-'Of,~A 'I' r ON FI..I'.IJ;:X',:JA I..r.:M/~RK C!:IRPI:IRATXDN ::-11::-)1 NW :;>'6 8"1' #:;>'1 ~ 1 :~ .50 '.''';!'' ~ .~~ ~:. ';1 ~ :\E! .?$ .';,t~ t;.'-.' ~f r.t:) f,l:' ~~1 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 343702-7 BUSINESS NAME I LOCATION FLORIDA LEMARK CORP 8181 NW 36 ST 33166 UNIN DADE COUNTY RENEWAL UCENSENO. 358965-3 STATE IICGC057870 OWNER FLORIDA LEMARK CORP Sec. Type of Business 196 GENERAL BUILDING nil IS AN OCCUI'ATIONAL TAX ONLY. rr NOT -- -.A'll! AllY MQULATOIIY OR LAWS OF l1l1 emu. NOR .....,. - __ ANt OTHI!R OR_ LAW. THIS . A ceRTlflCAD)N OF THE UCENSH'S QUALlFlCA. 11001. PAYIIENT RECEIVED ..-...oADE COUNTY TAX COl.I.KTOR' 08/09/2002 00240000157 00007'5~60 SEE OTHER SIDE 31 CONTRACTOR WORKERS 7 DO NOT FORWARD FLORIDA LEMARK CORP LINDA RODRIGUEZ PRES 8181 NW 36 ST #31 MIAMI FL 33166 /,' /I," 11111,11,1111.11. "111111111.1,,/1,/11,.11,,,,11111,11 to " ...... 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH SO ACORD,. CERTIFICATE OF LIABILITY I NSl.JRANCE .. '.. .. DATE (MMIDDIYY) 12/1 1/03 PRODUCER 954-938-8788 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SEITLlN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 6700 N ANDREWS AVENUE #300 COMPANIES AFFORDING COVERAGE FT LAUDERDALE,FL 33309 COMPANY A AMERISURE INSURANCE CO INSURED COMPANY Florida Lemark Corporation B AMERISURE MUTUAL INSURANCE CO Ms, Linda Rodriguez COMPANY 8181 NW 36th St" #31 C Miami FL 33166 COMPANY I D COVERAGES .. .... .. . ...... '. ..... .. ... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLlCY EXPIRA liON LIMITS LTR OA TE (MM/OO/YY) OATE (MM/OO/YY) A ~ERAl LIABILITY GL2008543 4/10/03 4/10/04 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS. CDMP/QP AGG $ 2000000 I CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1000000 - OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Anyone fire) $ 300000 MED EXP (Anyone person) $ 10000 B ~TOMOBllE LIABILITY CA 1386493 4/10/03 4/1 0/04 COMBINED SINGLE LIMIT $ ~ ANY AUTO ;t!~ 1000000 - ALL OWNED AUTOS BODILY INJURY $ - SCHEDULED AUTOS (Per person) - HIRED AUTOS oJ BODilY INJURY $ NON-OWNED AUTOS (Per accident) - PROPERTY OAMAGE $ ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ - ANY AUTO OTHER THAN AUTO ONLY: '.. .... . EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY CU 2007762 2/15/03 4/10/04 EACH OCCURRENCE $ 4000000 ~",UMBRELLA FORM AGGREGATE $ 4000000 OTHER THAN UMBREllA FORM $ 8 WORKERS COMPENSATION AND WC1386496 4/1 0/03 4/10/04 X 1-r'XI<,)'Tt.l;y, I IOJ,\' .... . '.. EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1000000 THE PROPRIETORl R INCL EL DISEASE. POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE 1000000 OFFICERS ARE: EXCL EL DISEASE - EA EMPlOYEE $ OTHER DESCRIPTION OF OPERA TlONS/lOCA TlONSNEHICLES/SPECIAL ITEMS BID # 67-02103 17TH STREET PARKING GARAGE CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT WITHIN THE TERMS AND CONDITIONS OF THE POLICY. CERTIFICATE HOLDER ... . ". CANC~LlATION. X .. ...... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Miami Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Building Department ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1700 Convention Center Dr, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Miami Beach, FL 33139 OF "NY KWD. uroN THF" COMPANY. ITS AGENTS OR REPRESENT A TlVES AUTH1''T~! ~VE I ~ !5-~ (1/95) - .. .... .. . '.., 11"3() .," ;. .; Y.~.~. Y. ...4 ....t)Ac6go! IUN19a$ BOND. NO. 103408026 00710. FORM OF PERFORMANCE BOND BY THIS . BOND, We ELORIDA LEMARK CORPORAIION . as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the CI'ty of Miami TRAVELEIl5.CAS1IAl TV ANn SllRPTV rOMPANVOP AMElllCA, Beach. Florida, as Obligee, hereinafter called CITY, in the amount of THREE HUNDRED TWENTY ONE THOUSAND ONP HIINnRpnsEYElIITY.Jll1lpp ANn 7M1OO Dollars ($321.173.76-----) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, Successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: _67-02/03 ___, awarded the -.2.J..JH _ day of NOVEMBER , 20..Q.1_, with CITY which Contract Documents are by reference Incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of C;UYOEJylTAMTRRACH 11~G..GARAGE.-__, the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings. that CITY sustains as a result of default by CONTRACTOR under the Contract; and' . BID NO: Ci7-4l2fOJ DATE: 08/26/03 CITY OF MIAMI BEACH 51 FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified In the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3,1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a Bid or Bids for completing the Project In accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange' for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or . Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used In this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. . . No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the. changes does not affect Surety's obligation under this Bond. Signed and sealed this l]1'lL__ day of DECEMBER , 20Q.~___. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 52 FORM OF PERFORMANCE BOND (Continued) WITNESSES: Secretary (CORPORATE SEAL) BID NO: 67-02103 DA TE: 08/26/03 FLORIDA LEMARK CORPORATION (Name of Corporation) By: . (Signature) __-YDJiQ AQdrrsl!ez~?rlSldtJli (Print Name and Title) INSURANCE COMPANY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ~ -=::::. ~ ~ By: -' - -===> Ag nt a ttorney-in-FactD. w. MATSON III, & FL RESIDENT AGENT Address: 1000 LEGION PLACE. 11 TH I'1,OOR (Street) ____~RLANp.Q, FL]180L___ (City/State/Zip Code) Telephone No.: {j.QZL~9-268L_____ CITY OF MIAMI BEACH S3 BOND. NO. 103408026 b0720. FORM OF PAYMENT BOND BY THIS BOND, We FLOlUDAJ..EMARK CORt.Qg,ATION , as Principal, hereinafter called CONTRACTOR, and TRAVELERsrBllAIT~~;WE.AME.JllCA._, as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, In the amount of THREE HUNDRED TWENTY ONE THOUSAND ONE !i\lliQ.~.Q~.Jjy'ENUTHREEAND76/l00 ___ Dollars ($1~173.76---=:J for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No,: __....6l.=.Q2LQL.., awarded the 25lli- day of NO"yEMBER , 20llL_, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically Include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and '2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR In the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN Fl)LL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who Is not in privity with CONTRACTOR and who has not received pa;ment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor; materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection_ _.............__.. _...._..._..._.,.......~_._._.. . ....,_._.._.."...h...___.... . .,........... BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH S4 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who Is not in privity with CONTRACTOR and who has not . received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials . or supplies and of the nonpayment. 2.3. . No action for the labor, materials, or supplies may be Instituted against . CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this J1TH__ day of DE.S=EMJ3E~_______, 20m__- CONTRACTOR FLQBIDA LEM~ cO~-9_~TION __ Name of Corporation) By: (Corporate Seal) (Signatur ______Jj~M~~M~;~~1r:(~~/Yb~ (Print Name and Tille) ~ day of ?Jtyl.?:)jxr _, 20--6-. -."'..-..-."-....-. ...--.-..... .',' BID NO: 67-02103 DATE: 08f26/03 CITY OF MIAMI BEACH 55 ~ ~~- ,.... - ._-t.:.:;:.:,;':.::::,: :.; ;:;:: ::;i:,~~::.:~~:::.:'>:;;;"';.::;:.:::,-:,;: ;~'-. . BID NO: 67-02103 DATE: 08/26/03 INSURANCE COMPANY: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA B~/-- . -= Agent and Attorney.in-FacfJ. w. MATseN III, & . FL RESIDENT AGENT Address: 1000 LEGION PLACE. 11TH FLOOR (Street) ________CUU,ANO~J2~------ (City/State/Zip Code) Telephone No.: J1Q1l.649-2686 ___ CITY OF MIAMI BEACH S6 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: D, W, Matson III, John W. Charlton, of Coral Gables, Florida, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) ~.. Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for ' certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000,00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, ______I:.!.~~~__~~<!!:1,.9:...\!..~~__________________, certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that __~~~_~_~~~!'_~~~=~_-----, who signed the Bond(s) on behalf of the Principal, was therf':~~_~~l::~!______ of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. .~{",-V~~ _ (SEAL) /9et~ry (on bjWalf of) v 0 Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before ~, a ,Notary Public duly commissioned, qualified and acting personally, appeared ~L~~__iiodLLft(,L~~_______ to me well known, who being by me first duly sworn upon oath~s that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. &'" . ,Subscribed and Sworn " . 20 Z3 -----~-------------, ----" to before 9Je thi~) ~ day of > ~1ld.;'-F(>>;cZ~- Bonded EVaYN ROIG MY COMMISSION # DD 140i69 EXPIRES: December 9, 2006 Bonded Thru NaWv Ptlbtir; Undelwriters My commission expires: by_______~!~~_~~~~~_____ BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 57 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. _______________ Beneficiary: Applicant: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Amount: in United States Funds Expiry: (Date) Bid/Contract Number We hereby authorize you to draw on ___________________________________ (Bank, Issuer name) at ________________________________________________________ by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of __________________ available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part __________________ (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and ________________ (contractor), pursuant to the ______________ (applicant, customer) Bid/Contract No. _____ for _______________ (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than __________________________. (expiration date) BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 58 Drafts must bear the clause: "Drawn under Letter of Credit No.__________________ (Number), of _______________________ (Bank name) dated ______________. This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the __________________________________________. (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 59 00800. GENERAL CONDITIONS: 1. Project Manuat 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT's authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 60 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ 1 Bar Chart [ 1 Modified CPM [l CPM [Xl Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGe) publication, "The Use of CPM in Construction. ") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum Bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by CONTRACTOR at the time of submission. [ J Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 61 utility relocation, provided, however, neither CONSULTANT nor CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Performance Bond and Payment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 62 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety: 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 63 company shall not exceed the underwriting limitation in the circular, and the excess risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1,1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the Bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratinos Cateoorv 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 64 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification: 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. . These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. The parties agree that the specific consideration for this indemnification is given pursuant to section 00407 of the Contract Documents. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 67-02/03 CITY OF MIAMI BEACH DA TE: 08/26/03 65 7.1.1.1. Employers' Liability with a limit of One MUll6nDollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7 .1.2. Compr~hensive General Liability with minimum limits of One MHlic>Il.pollars($1,OOQ,0Q'Q,00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X] 7,1.2.1. Premises and/or Operations. [X] 7.1.2.2. Independent Contractors. [X] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. [X] 7.1.2.4. Explosion, Collapse and Underground Coverages. [X] 7.1.2.5. Broad Form Property Damage. [X] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [X] 7.1.2.8. CITY is to be expressly included a; an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 66 7.1.3. Business Automobile Liability with minimum limits of Onct'I\IIUlipn Dpllclrs ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. 7.1.3.2. 7.1.3.3. Owned Vehicles. Hired and Non-Owned Vehicles. Employers' Non-Ownership. (Not Applicable to this Bid) [X] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. [ ] 7.1.4.2. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [ ] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure islis not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of he "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 67 7.1.5.1. Cessation of Insurance-Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. 7.1.5.2. Flood Insurance--When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restrictioll-- The policy(ies) must be endorsed to provide CITY and the CONSULTANT with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This official title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 68 9. Rovalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling lems of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits. Licenses and Impact Fees: 11.1. Except as otherwise provided within the Supplementary Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 69 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any wo rk done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANT's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time b gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the detenmination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 70 13. Inspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. 13.1.2. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders of CITY are to be given through CONSULTANT, which instructions are to be strictly and promptly followed in every case. CONTRACTOR shall keep on the Project during its progress, a full-time competent English speaking superintendent and any necessary assistants, all satisfactory to CONSULTANT. The superintendent shall not BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 71 be changed except with the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of the CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall sl4Jervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 72 15. CITY's Riqht to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, 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, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 73 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid br all. work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. Compensation shall be withheld until all documents are provided to the City pursuant to this article. 16, CONTRACTOR's Riqht to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of any sum certified by CONSULTANT, or to notify CONTRACTOR and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assiqnment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 74 18. RiQhts of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19, DifferinQ Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project ste, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the performance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of Final Completion. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 75 20. Plans and WorkinQ DrawinQs: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans. Specifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT in writing of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibilitv for Damaqes and Accidents: 22.1. CONTRACTOR sha II accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 76 24. Supplementary Drawinqs: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSU L T ANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections inclJding cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 77 25.4, Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes: CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to payor to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. [X] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than (twenty-five) 25% percent of the Contract Price. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 78 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 79 29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR end to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Leoal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 80 close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and DamaQe to ExistinQ Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the conve nience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid b the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 81 33. Value EnQineerinQ: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. ContinuinQ the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. ChanQes in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 82 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor chal"lJes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37, ChanQe Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 83 method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. . Value of ChanQe Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2,1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 84 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive Bids from Subcontractors acceptable to CONTRACTOR and shall deliver such Bids to CITY who will then determine, with the advice of CONSULTANT, which Bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shal be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surve)Ors BID NO: 67-02/03 CITY OF MIAMI BEACH DATE: 08/26/03 85 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work" shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 67-02/03 CITY OF MIAMI BEACH DA TE: 08/26/03 86 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 87 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontracto rs and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 88 39. Notification and Claim for Chanqe of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damaqes for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 89 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delav: Compensable; Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be compensable or non-compensable: (a) Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 90 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be ____:Q:...._ per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 91 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop DrawinQs: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within twenty-one (21) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by BID NO: 67-02/03 CITY OF MIAMI BEACH DA TE: 08/26/03 92 CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45, Field Layout of the Work and Record DrawinQs: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices Bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 93 documents, samples and Shop Drawings shall be delivered to the Contract Administrator. 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSUL TANT. 46. Safetv and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 94 [ x ] 47 .Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each Bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment by CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CONTRACTOR and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect SiQn: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 95 the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. 51. Cleaninq Up; Citv's Riqht to Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Equal Emplovment Opportunity. and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and sta ndards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in performing any services pursuant to this Agreement. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 96 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 97 00900. SUPPLEMENTARY CONDITIONS: BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 98 00920. ADDITIONAL ARTICLES: N/A [ ] 1. Prevailino Waoe Rate Ordinance. This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [] 2. Federal Grant Projects: 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through ___________________________, federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 67-02103 CITY OF MIAMI BEACH DATE: 08/26/03 99 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960) Contract No. No.____________________________ Project Title ____________________ The undersigned CONTRACTOR hereby s.vears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated _____________, 20___ (Contractor) By: By: (Signature) (Print Name and Title) STATE OF ) ) SS ) COUNTY OF The foregoing instrument was acknowledged before me this ________ day of __________________, 20__, by______________________________________whois personally known to me or who has produced ____________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this _____ day of ___________, 20__. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 100 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. ProjectTitle ____________________ The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated _____________, 20___ Contractor By: By: (Signature) (Print Name and Title) STATE OF ) ) SS ) COUNTY OF The foregoing instrument was acknowledged before me this ________ d:ly of _______________, 20__, by __________________________________ who is personally known to me or who has produced ____________________ as identification and who did/did not take an oath. WITNESS my hand and official seal, this _____ day of __________, 20__. (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) (Serial number, if any) My commission expires: BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 101 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial use by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 102 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY DATE In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within____________________ from the above Date of Substantial Completion. CONSUL T ANT BY DATE CITY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full possession thereof at ___________________ (time) on __________________ (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 103 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at ______________________________________ _______________________________ (time) (date). City of Miami Beach, Florida By Contract Administrator Date BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 104 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.} FINAL RECEIPT FOR CONTRACT NO. ___________________________ Received this _______ day of _____________________, 20______, from City of Miami Beach, Florida, the sum of _____________________________ Dollars ($___________) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Name of Corporation) By: (Secretary) (Signature) (Corporate Seal) (Print Name and Title) ____ day of ____________, 20____. F:IA TTOIAG URlAGREEMNT\frontend\stdfrm. frtend .fnl.doc BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 105 [If not incorporated sign below.] WITNESSES: F:IA TTOIAGU RlAGREEMNT\fronlendlstdfnn. frtend .lnt.doc BID NO: 67-02103 DATE: 08/26/03 CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) ____ day of ______________, 20__, CITY OF MIAMI BEACH 106 [X] 00950. DRAWINGS INDEX: BID NO. 67'(}2/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE 1. Their are no drawings associated with this bid. There is a Structural Condition Assessment report for the 17th Street Parking Garage that was prepared by Bliss & Nyitray, Inc, Consulting Engineers. Please refere to page 109 for the report. BID NO: 60-02103 DATE: 08/07/03 CITY OF MIAMI BEACH 107 1000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of Bid opening shall be issued as separate documents identified as Addendums to the Bid Document. (Please see page 113) BID NO: 60-02/03 DATE: 08/07/03 CITY OF MIAMI BEACH 108 02000. TECHNICAL SPECIFICATIONS: BID NO. 67 '()2/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE 1. The following Structural Condition Assessment report for the 17th Street Parking Garage was prepared by Bliss & Nyitray, Inc. Consulting Engineers. 2. SIKA - Manufacture's Specifications 3. Waterproofing Specifications NOTE: It is anticipated that this project will be phased, this is a working garage and the restoration work MUST be scheduled in the manner that it would not interfere with parking availability for activities at City Hall, Jackie Gleason Theater and the Convention Center. BID NO: 67-02103 CITY OF MIAMI BEACH DA TE: 08/26/03 109 . .. III . . . Structural Condition Assessment Lincoln Lane Parking Garage 17lh Street at Convention Center Drive Miami Beach, FIOlida . . , Prepared For: City of Miami Beach 1130 W ashington AVenue, 4th FIOQr Miami Beach, Florida Issued November 28.2001 I: I: Prepared By: Bliss & Nyitray, Inc. Consulting Engineers 51 SW Le Jeune Road Miami, Florida 33134 BNI Project No. 0119 , .. RJ B LIS S & N Y I T RAY, I N C. 51 S.W. lE JEUNE ROAD. MIAMI, flORIDA Z. JOHN NV'UAV. f.E. M. RONAlD MIIMED. P.E.. C.P.G. WM. !ARION WAlliS. P.L CONSULTING ENGINEERS 3313<1-17<19 TEL 1305) 442-7086 FAX (305) 442.7092 mo il@bnieMgineers,com \iovcrnbcr 28. 2001 City of ivliami Beach Ii 30 Washington A venue, S:h Floor Miami Bcach. FL 33139 Attention: Mr. Ralnel Leyva Capital Projects Coordinator Referencc; Parking Garage, Lincoln Lane-West BN! Project No. 0119 Structural Condition Assessment Gcntlemen; In accordance with our Proposal of September 28, 2001 and your authorization received November 7. 2001 !()r a Structural Condition Assessment of the five level parking garage at the above referenced location. we have completed Ollr assigned task. Attached to this letter is our Report of that Structural Condition Assessment. Included in the Report are names 0 fspeeialty restoration contractors for your consideration. This Report does not express or imply any warranty of the structure. but only addresses the condition ofthe areas which were readily accessible and visually observable at the time of inspection. I trust the content of our Rcport adequately addresscs your current needs. Sincerely. MRlVtes Attachments .e ~ ,'Ol1tr1..'tc. There arc rust "tui:iS ('11 the v;:11:'::11 surface lll' the beam inJic,illli!; waleI' intruSion at Ihis Join!. (Photo 15) In general. the slab surfilc(?$ IhrouglwtJ\ the garage, both allhe horizolltal park:ng levels ~nd the ramped parking levels arc in gO(l(.l condition. The slabs. have a heavy/rough hroom I1nlsh, (Photo 16 lS the roof slab) .\1 Ihe Rm,f Level. in p:lflkular. Ihis has created a housekeeping problem by trappmg dirt and mildew. 33 Walls 11ml Columns ':U.I Below the ramps, from the 1),\ to Ule 1"<1 Level on Grid 17. bdwecn Grids "D" and Hp", an S". non bearing eastin-placlt wall hllii a 3/16" diagonal crack al the comers of the doo1'\va\>'5. These aad::s arc not a sliuctunll Conccm since lhis is a . partition wall. 3.3.2 At Column 21,D, from the .tIll to the 5'h Level, just above:hc slah, 1I section of concrete has spalIcd and a corroded vertical column bar is exposed. (Photo 17) In general. \valls and columns including the haunches at the expansion joints al\: In good condition and functioning as intended. 3.4 Stair and Elcv:nor Cores 3.4.1 At the Northerlst core. at the )iU Level, (In the Iloer ill Irom of the east elevator. COllcrete spalk't.! and eOlTodcd reinforcing sleel is exposed at Grid L&-0.8. The spall is a tripping hazard. (Photo i 8) Al the first stuir funding below the 2"u Level, slabcol1cretc is spallcd and corroded reinforcing steel is exposed, The spall is a tripping hazard. (Photo 19) At the underside of the 4,h Level. l1J1 the WeSt side at the stair hnndrail beam bottom. concrete spalling has OCCUlTed. Rust stains nre present and previous patching Il1nlerinl is in danger of falling. IPhoto20j 3.;1;,2 Al the Soulhcust core, .11 the: f1rst stair landing below lhe Jm Level. stair slab concrete has spaUed due to corroding reinforcing sted and is a dm1gerolls trip hazarJ, (Photo 21) J..U At ~J1e Southwest core, :It the t" stair londing hctnw t:h: :;1>1 Level. slab CollCtf;te has spallcd at three locatimlS, Corrodcd rClnlc;rcing steel IS exposed and this is a 'ftpping hazard, (Photo 22) .I "f:; Ii TABI.E OF CONTENTS PAGE NO. I. 11'TRODUCnON 1.1 OhjectJ\cs 1.2 Documents Used in Review .2. DESCRIPTION OF STRUCTURE 1 2.1 Garage Structure 3. FIELD [~VF.STI(j:\TI()N 1,2 3.1 Horizontal Parking Levels 3;2 Ramped Parking Levels 3.3 Walls and Columns 3,4 Stair and Elevator Cores 3.5 fj,l1'ugc Exterior 3,6 tvlisccllancous 2,3 3,4 4,5 4 5 5 4, CONCLUSIONS AND RECOMMENDATIONS 5,6 5. DISCLAIl'vtER b Photographs I through 27 7-l8 Repair Notes and Detail !9-21 fJ l. IKTRODl \'TlOK 011 ~(l\cmb,,~r ... 2001.Mr, Raf;lel Leyva autlwri/cd Biiss & ~yitray, lnc. tn pcrt~mll a "StrUCtl,ml Condition Assesn;c:ll" l,r the live le\..:I parking garage located at 17'!, Street at (\m\'\Jntiim Ccuter Dr.. Miami Beach, florida. The garage Is bordered by I ~!h Streel to t!le north. Lincoln Lane ~lmh II:! :11:.: soulh. Pennsylvania Av..:nm: to the east and \l....ridi:m Avellue to the west. 1.1 Objectives The objective of the investigation is to determine the present condition of the primary strlH.:tunll lhmlln!; of the five level purking garage. t,) c\':1JU:11c :my v:sihlc dCh.:rioratiotl that may exist and identify e!.,:ll1cnts that require speciHc repair. 1.2 Documents Used in Re\'~cw Bliss & Nyitmy. Inc, utilized the original Structural Construction DOClIlllC1HS lot the Guruge illr rcfcn:nce purposes, (Structural Drawings by Bliss & Nyitmy. Inc. t1awd November I X, 19'14,) 2. DESCRIPTiO1\: Of STRUCTI:RE 2.! This parkIng gamgc is a five I.e\cl rein/breed cOllcrete structure, approximately 328 n. x 3% 1\, ill plan. c~')ntaining approximately I.no parking spaccs. The Floor System consists of ()ne way.cmmmtiollully rd.nforced slabs. uttHzing heavy g.age, welded wire 111bric mats, spanning 14 feel..3 inches tQ composite bcams. The beams utilize precast-prestressed ClmctclC .>oml ocmns leI' the bottum section. whie,h is cast compQsitely with an upper section of reinforced concrete, The beams are supported by reinlbrccd concrete cQlumns spaced 14'-3" on center in the interior and 28 feet on center :II the cas, and west perimeter. Thc spacing in the cast-west dirccllon is 61'-5", The $trJcture is Ibundcd 011 post-tensiolled strip footings beur1ng on compacted soil. The cast.in-placc elevator and stair cores were originally cast. as architecturally exposed ribbed Ct)llCrcle ut:lizing white cement, as werc lhe cast-in-place exterior railings. The column Grids used in the ori>:tllUI design drawinus arc designated bv letters (A-1) ... ... ...... """,. ."", .. .. from west to east and mnnbcrs \ 1..21) from north to south. These !;,rrids arc used in this report W idcnlity locations or obs..:rvcd conditions. 3. FIELD INVEST!GAn01\:S .\>11'. James Rw,soH. BNJ's Sedor Fidd Ro:prescntathe. Visited the sltc i)n~{)vembc; 13, 14 & ~~. ;(14)1, tlJ o~s;e!""i_~e and dOj::~H1'!cn! ~hl: ~he~!nJctt.1r:1J..frarn!ng!'!h:'m"'t:rs ~t j i.'~ I B. III the \',lrl"W; or Il:c stnlClHfI:. Tb:sl: mcmbcs includl:d the CO[UDWS. hca:m. stahs ~:nd walls :hat provide the ,\;\lctdral supper! of the g;,u'agc. Ihe lol1ow:ng is;; summary nf (nlr obscrvallomL Tl1mugh(!JJ[ the g.arage there arc cracks Itl tIlt; ht)[tom and sides of the 1),11ic;.;1 prcstrcsscdprccas!snffit h...nms WhlCh frame the horizontal and ramp ptlrkioll levels. Th~, ovcnvhdmmg majority of these cracks have hct.:n present since the garage was li:-st put ioto servicG roughly 25 yeurs ;lgO. The cracks in the St)fIjt be-am OCCllr in the nlldspilll area and travel vertically illto lhe cast-in-place concrete :lbmc. apprt)x:mately 7()'~Q of the way to tbe underside of the slnb, and terminal': at lhat point In this rq)()rt we will ident;(v cracks that .lppear to be the JUt'S! severe and thill possihly will nCt.:tl rl'lHcdial work, .3.1 Horizol:tul Parking Levels J.l.l :\1 the underside of the 4": Level 011 Gdd 3. between (iritis "D" ami "r", the ,;rack :l1tllc solli! bcmn;s lLO}lf' in width. <Photo 1) 3.1,2 At lhe underside of the 4lh Level on Grid 2, hetween Grids "E" and "F", the crack in the soflit beam is 0.040" 111 width. (Ph,'lll :n 3. L3 011 the tllll \)f the- ...." l.e\el slab 011 Grid Until I (frtd "D" the concrete is spalh:d ami cl.modC'd reinforcing is expt1scd. This $palling n:pn;sellts a tripping hazard. (Pho10 3, 3.1 A At the undersidc of the 4i1: llnd 5!h LLtvcls hetwcell (irids Ai. & Ail. and between Grids! & 2, a prcvious palch 10 the bottom of a lulse heam seelion of j>umpeli :-ail is badh spnlled und in danger of i~Lmng. (PhOI() 4) _U.5 Atlhc u:ldt.:rside of the 41h Levd, the bottom ofthc beam on Grid J.J at Grid 10, at the e.\J}all:,tulI jOint h.. l,;!uekcd amI is spalli ng, auu appears to have- bo:clI patched It~Ore than (me.: III the past. The patching compound has been applied ovenhc Intended expansion joiut~ IPhoto 51 3.1.6 A: Ihe underside of lhe Roof Level, the sid.: of the cast in pluee concrete on Grid t -D has fhllf !oellltOI1S where conen.:lC has spallcd and corroded reln10rcing Slce! is cxpos.:u.. Two spaHs al"':: relatively new and two arc older. The oider OI1C"$ appear to haH; he en paimed over. (PholO 6! 3.1. -: Ai lhc um.lcrsidc the Roof level, the bottom nf the cust,:n-placc concrete beamsm (rr:dZ 1 at Grids "Co. Hml "D" have cight loemiol1S where concrete has spai.lcd and corroded Te;nlordng stc::l is cxpos1...xl. (Photo 7) ~ "I' 21 B- iRJ ~ J.: A: Jill: undOfsld.: of the Roof L,:\ d. lh..: hnlton: .tlf the <'::1$1 i.1l pbi..:e concrete be;uns on Grid 11 at Grids and "(J"lmn.: Ihn.:e lm:ations where COllcn.:li.: has. or is ready to spall am] .;XPtlSC corroded n.:inthrcing sl<.:cl. \ Photo 8.1 .>,1,\1 Allhc uIH.!crsil:c uflhe Roof. ,he botl<1ln on:.c.4 caSI in place shl!'! has Illir.or crJcking hetween Grids .2 and 1.5 adjacent to Grid '"j r'. on the west side. Near Grid .2 Waler has come Ihrou!;h the craCKS .1l sometime ill the past. This t:;ope 01' crack fairly common in this IH'C or cOr\stn....:tlufl and occurs ;1t rlUlllcrous locations throughout the gamg!:. (Photo 9) 3.!.lO On the lop smf"acc ,)I'the roof,fab. at Grid 18 hctwl.:cn Grids ":\" and "Ir. concrete has sp:lIlcd and cOITodedrcintc.m:ing stcd is eAposed. This spalIed area isa trippir:ghazard. (Photo 10) 3. Lll ThrougnnLll the gumgc, the expuTlst<mjoints in the slabs bave been replaced and arc now in good condition and appear to be functioning as illlendc:d. I PI1010 i (- Roof) 3.,2 Ramped Parking Levels 3,2.1 Attbc underside of the ramp from the I" to the 2,'d Level. bet\\lccn Grids "D" and "E", the cmek in the sarlit beam on Cirid 18 is (J,060" in width. At Grid 17 the cr.ackin the soffit hl.:um is (UI4S"in width, 3.2.2 At the uaderside of the ramp from :hc 1" to Level. bctwC'cn Grids "E" ami "F", the crack in the soflit bourn on Grid 18 is 0.060" in w'idth. tPhoto 12 is this locmion and is similar 10 mOSl ;Ii! other crucked soffits with the cxc,-,ption of the w.idth ,)(tbe cruck) :\t Grid 17 lhl.: crack in the soffit beam is O.th:JO", and at Grid 16 the crock in the soffit beam :s 0.035". 3.2.3 At lhe underside of Ihl.: ramp (rom the to 4th LC'vel. betwcen Grids "(J" anti "H", the I.:l"".lck in the soffit oemn on Grid;:.< is O.U40" in 'width. (PholQ 13) 3.:!A AT the underside of the mlllp fh::ml tl:e )": to 4'~ LeveL bcnvecn Grids "G" and "If", a c(lmpound has been appli<:.'<1 over the typical sonit cmck at some time in tll..: l>asL At this locution the cracks have not rC.Lppcarcd. tPhoto 14) This eomplHmd has been applied at mll:lCrous sortit hearn crack kH:ations throughout the ganlgc and althe majority of these the cmcks have not rcapl}earcd through the mmpl;und. ),2.5 ....1 the ramp from lhc ..'11 HI the 5'11 Level. a large "t'eliUl: of Goncrelc has "par!ed at lhecxpansil.ll1 joint end<)!" the hcamat Grid 11).[). on the cast side. Rcml~Kcmg ,teel m I.he bcun1 cl:d is vi~;]blc bcbiud the spa.lled section of ... ,. ~.'" f\7 :11 nmere!..:-. fhcre arc rust smins Oil th.... \.;.;rticai ;;\irl'ace "I' tht.: b....~lIl1 indicatlog watcr tnlmsioll allh!s Joint. (PlllllO 15) In general. th(~ slab Sllrl~ICCS Ihrm:ghoul the garage. both at the hori/:ol1tal parking len,1s and tll.... ral11p....d parking levels arc in good condil1orl. The SI;105 have a heavy/roug.h hroom linish. IYlwto 16 is the mi,']' sial}} .\t the Roof Level. in panicular. this has crcalet! :1 housekeeping problem hy trapping dirt and mildew. 3.3 Walls and CQltmms 3.3.1 Below the ramps. from the I" w the 2l<<: L<.:vcl 011 Grid 17, between Grids "n" and "17", an 8", nM bearing c.ast.tn-place \vall has a 3/16" diagonal crack at the corners of the doorwllVs. These cracks arc not a Strllctllr.11 concern since this is a .' partitit)ll wall. 't "l .1..._ At Column 21-D. from the ;J'b to the 5,n Level, just above the slab, a s\..'t;tiol1 of COllcrete has spalled and a corroded vCl1lca] column bar is exposed. (Photo 17) In gClleral. ,,"'aIls and columns inclUding the haunchc''> at the expansion joints .lre in good condition and fimctl()ning as intended, 3.4 Stair and Elevator Cores 3.4.1 "lthe Northeast core. at the :lId level, on the t100r in Iront of the enst elevator, concrete spilllt.:d and corroded reinforcing stc'Cl is exposed at Grid 1.8-G.8. The spall isa tripl>ing hazard. (Photo 1 8) At the lirst stair landing helow Ihe 1"d Level, Sl;lh concrete is spalled ami corroded reinforcing sted is exposed. The spall is a tripping hazard. {Photo 191 At the underside of the 4lh Level. on tile west si~lc .ll the stair lmndruil beam f)ottom. concrete spallin!; has OCCUlTed. Rust stains are present and l>reviou$ patching matcri;ll is in danger of lulling. (Photo 20) 3;4.'; At the Southeast core, at the first stair landing below the 3t<l Level, stair slab concretc has spaHed due to cOITooing rcint1.1rcing sted and is a dangeroLls trip hu,mnL l Photo 2\ ) 3.4.3 .\l :he Southwi:st core, at :ne lit stair landing below the 2nd Level, slab concrete has spallcd al three locuti~)ns. Corroded reln!i.f!"Cing stcel is exposed and this is a tripping hazard. I Photo 22l Jd(21 II 3.5 t~aragl; EXh:r:or ;,),1 On the East Ek~',alinn. at the 2"'1 Level at Oriu 1.2. th..: vertical ribhetl lusda beam has a Imge an.m that was previously patdled. The pall.:hing maleriuI is tuose and ;,:ouilll::Ji Ol1lO the ;llij;;ccm sidewalk. (Phllto 1-'> 3.~.2 On the East Ek:vatlol1.at tb: 3'<1 and~(h I.cvds Ul Grid 5. Ihe exterior In.s..:ia beam has ,>fev:ous patched un:as that appear loose and could nlll. ! Phow 24) 3.5.3 On the EOlst Ekvutioll. at the 4th Level at Grid 10. (the exterior view of the patch idel1tified ill item 3.1.51 tht: prcvio'.rs patch l:rnsscs over the designt:d cxpansitln joint. lPhot,. 251 3.5.4 On the East Elevation. at the 4u, Level. at Grid 19.7.J.3. concrete ha.~ llpullcd or1' lit the corner or the Ill.sda beam .md more appClil'$ rc::.dy to 1:111. (Photo ~()} 3.6 ~Iisedlane()us 3.0.1 At the I" LtJvcL bl~twccll Grids "I)" and HE", from Grid 1.6 tllJrlh, a very l(lege accumulation I.,f debris. trash and combustihles ;lrc sl\ln:d in the housekeeping area. fillS is an unsale ,':lvironment and could h<: a dangl.:rous l1re hazard. (Photo ::m 4. CONCLCSIONS :\]\;1) RECOM1\fENDATIO]\;S 4.1 Conch:sion The primary structure of the garage isin gmldcondition. \Vh:l;: there presently a,,; no conditions affecting the str\lctl:ral safe'll" (jf the .structure there arc a number of repairs that are m:c<:s.sary. \VhCIi these repait'5; arc comp;ctcd the structure will continue to function in a satisfactory manner. Future l~laltltcmIl1Cc. including periodic inspections of the stractul'C rs required. 4..1 RccommcnJutiml In <mr opinion, the lhilowillg repairs arc pn.:sel;tly required. The Ilrst is to trem the cracks in the soffit heillJ1S. .'\: the various parking icvc:s. all l:racks 3.130" (; ;31) and large-I' Sh(l\lld be epoxy iejcctcd, Cmcks smaller than ..J30 could be surfaced treated with it !kxibk, polymer ll1odif1cd. ;:t:nH.::lltt:.;lUS C(Jutil:g, such aJ', Sik;l nlp Seal; l.r:'. Spa:!s :lnd poorly r....paired c'om:fclc <If'cas ~equire properly repaired sectinns of concrete. 1\ proper :'epair rcqliin:s removal of existing COHere:e in rectangular. :>qume sections hUV1t1g:i\FLare shoulders fcdgcs perpendicutar tt) the horizonlaJ or vertical surfacc)~ t-.if-...~t'jinH . I ,~~,...~ ".' '':; rC~!~l~"~r(:ing tsu,f1cnrn~~s req~!r:ng i.~~yr:cn:t-:: r\:n1n\~:a!::~):11 5 ~].f:l .. II .L1'Olmtl thl: rcil1lhrdng "il\,'I..'!) and n..'pl:Jccm.::m with a Polymer ModIfied ccmcnlilious patLhing matt:n:l! ;;dected to becompulible witb the l'ummnding concrctl: and with Its intet)lk'd lISC or CXpnSllrC, Stich lllJlerial is Sib T(lP 122 Plus for J1orizol1t..d surfaces or 12J l)lus !ill' vCl1il.~al surfaces. Detnih:d repair procedures: arc nol PUI1 or the scope of services lor this "Structural ('ondi:ion Assessment. llowevcr, \\C are pnwidjng some typical rep,lir procedures ;mJ det;lils, Be aw:m: that these arc nol project specific and must he modilk'll to suit e;lch pl'Ojcel. 4.3 Specially Restoration ('fll1tmctors The IbHowillg eOl\lactors arc cxpericncl...c in COllcrete repairs. ;md arc offered fhr your consideration as a cl)i1\,enicnce. Stmcmrall>n:servalion SYstems. Inc. Z4! (] MV I ()lh Lane. Suite B Pompano Beach, FL 33064 (954) 9849555 Western Waterproofing Co. 1941 Copans Road Pompano Beach, FL 33064 (954) 944,CJ29I Florida Lcrnark Corp. S 1 S 1 NW 30!n Strect. Suite 31 :-'1 rami. FL 33166 (305) 59)-1442 Snapp Industries 2902 ;..1\V 22"u Street Miumi. Fl 33142 i 3(5) 635-06R7 5. mSCLAHvIER The opinions and comme;lIS in this report arc based 011 visual l)bscl"Valioll only and there is no claim. either stated or implied. Ilmt aH conditions '.vcreobserved. This report docs not address any other portions of lb: struclUrc (llher than those areas mentioned. nor does it provide any warramy. \.::thcl" expr<:$s1.'1.j or Implied. for allY portion of the existing structure. This report is created sok!y I~Jr the Client's benefit and no other emit)' shall have any rights or claim against the elllldill(lllS assessment rroti:ssionaf b\.:culIsc of the performance or nOI1-pcrri'mnum:e 1)1' the observation,. (lpinwns.. conclusions or recommendations contained herein. The cliem is cautioned that not completing the recommemlcd repairs will lead to more severe deterioration which ":OlllJ be seriollEoly d<.:lrimcnlalto the structure. '} l,lr'':: 1 18 Photo if 1 Photo 11 2 '7 of21 B- RI Photo # 3 Photo # 4 80f21 RI Photo # 5 Photo 1# 6 9of21 B- RI Photo # 7 \ ..1 Photo # 8 100f21 RJ .. Photo # 9 Photo # 10 IIof21 8- RI Photo # 13 Photo # 14 120f21 ~ ... Photo #I 15 Photo # 16 13of21 RJ ... Photo II ) 7 Photo IJ 18 140f21 B- Ia Photo # 19 Photo # 20 IS of21 B- ~ 160f21 RI Photo # 25 Photo # 26 17 of 21 RI Photo # 27 180f21 "Be ~ Photographs EPO:t\' IHJEC'llOIl PROCEDURE' : :in . POR'fSG C::vtCE5 OVER CFl'.ACJ<&, p.xC; ;.t:X[D :StAAC~RJl~ ~j-\lCD ;A::l i1POXf R;E;sr...,,:m(:SN[OVC;;' CR4.:hS ANO AAOl;t~D EAC,",.~(Cr:ON FieRI}, "'~".;\4lJ"" OF ~.MJE iff A oJ'" rHICI-:. ALLO'N SlJf"C1r~H .TJV!: m~E:p~XY R!:"9N ,4:J.t<f!:;V! C.\P 'SC*L 70 38 flEF-C'Rt: ,1I,r.C~,"C tA'HF); ;~E. c;.p' StAt. ~YS':;.;f.iEO,'~f,jE:'~,' '$iKA.Ol.l~E J5. ~~I"'MCni.V ~:;rH SrEA;)Y m~I~"S~ At, ~, ,,-Sf AUmMArW 'N~EC;!CN EC"W'...Wr ;')~ loW-il"l.JoIE'!HCO, PU.CDoIENf I'1lOCOlUfIE: < ~tLPCXYRESlN - ADHeStJE feR -StALNG ;t-IE CAA:::KS AND PORTI!';:; OEV:u; cro POfl:M: OCllCES ~ llECJlltEO flY :+'E MAM;F,4CWRElI SPACiNC or. 1HE f'ORfI"" ~t\ilCC, ->><CUlC It,,: E~CU'O THE lH!Cttlt'EliS Of Tkr. S~1lSlI>"IL ~P,4CIM; 'Jf' Ull PORlING OlV;(;(~ SIIACL BE ,l.:;CC,vPtlSHfOAS llfQUlRW ro "'-HIE:Vl: THE ,flAvEL Of 'Ilf( EPOxY llE$IN AOHt''SM! fOfl rH'E PREs:i<\iRE INJEC::QN OROI.IIlMl a!;1'll<EEN PeRTS >>'0 i1Et ;l,t CflACKS TO mEw.JiI"'UY, o~, SlR1JCT,Ifl('S CPtN 00 eo1'li. SletS. P~O'''OE: PORrNG OEVlStS eN OPPOSITE StOE~ AT STACC(ftEt! UEV.I\nOk'S,,4PPI. Y Tlit !l1l<E;;l EPOXY R:ESlk !oCHESN( "OR Sf"'~ CNfJl rH{ CfW:'.oIS ANO AR{;\iNIl TJoCNPeIl~:NC Df:vtCE TC pRlMllf ;.N ,>.OEOliA!E Sf.Ai TO ;>Rt'o'f"ttr nlE (SCOPE or rr-E [POX':' RrSIN.ADHt'SM: FOR THt !#JtCT1QH mrourNG, ,APP1.Y n.. EPCXY !'![;SiN ^UNE.M; FOIl Sl:AUr-c IN WCII A W.NNER 1HAT "'INI,"",- OErl\l'.NG OR 01=0""1100 c: f.,E 5lJllSlflAIE 'StiA.U.. --FtlS:l,,-1. 2" tHE EPOXY AClN I AD~ roll THE f'1O:fSSlJRt It<JECTIOIl.IlO\Il1I<<;, A, 1.Wi~ LOAD tHtMIX(t) EPOXY RES:t{ AOHtSIVE roll GROUTINO Ime A :>1~lECAVLKl"lG CIo.RTRil)~E Oil BUU<-tCMtlIItC Cl!Uu<mc CUR INJECT l}.j(PRll'AAttl QW:KSMffi A COIISTANT PlltSS'JRE IN OROEI1 TO ~,'[ IoIA>:I/./IJIoI nLlNC #I';) l'tNE'!flAmlN WlmOlJTmE INCi.\i$lf,)tl or Nfl !'OQ<tm; Oil VOlDS 11\1 mE (?OxY R(~. AllHESVE', occm THE PllESSUR( ;H.;.:COON AT mr (,Q\l'fST PCRr AND CCNTlNVE \lI<""\' '1iERt IS TIlE ,APPf.IAA'fCt OF nlE EP:lXY jlf,:jll\l ~r.srvc AT AN ~O;T pOOT. fH$ l'l~ns;; TflAm, Mil:!< TflAm ISll>OICAlttlo filE OEC~ION TO OiSCOl(fIMJ( Oil COIIlWUETkE PIlESSURlt !I;~ECTION fROM n<Al polity SHI)\llD W; t.WJl" BY IHE CWtlYlCIOI<. 6A$EO 0Ii HIS ()<l'(RJENCE, ...,~ YH'E N'Pl'lOVAl. O. ':liE AIlCHlTEC1, CQNTt'lUE THE PRca'OIJIlt u"nt, AI.:. PRESSJflEINJECTA&E CRACKS ""Vi; $U;N fllUlOI ij, A\JTOIoI"TfO, 01S1'DlS!: 1Hfl EPOXY. ~f:Sl/lAP;jfSl\'E FQiR CllCl.in!iC VNOO! . CO!\IS1' AIIT PllES'Sl,iRt iIi AC;COROA!iCE wml PROCCOVR($ RtCOt.l!fENOEtl BY mE EOUI'MVIT t.I....wr.r.cruR(Jl QiR X$ REl,lLlIRO TO ACH:e:vt: MAXI""",, fltuMl 811) PE"EfR.l.l!OIlOf lllE PflEPAAEl) CAACKS \I111100T THf. INCtUS10H or All! i>CC!((l'S .0Il YOltlSll( ,k(. E!'OlN ItESZS ,ACh(SIVE. TI<E PpES$~E :~ECT,Otl CF ~C1.E ell MV~TlPL( POFtTS. BY mE lJSEOf' ... t;lNlIfQUI sYST(hI. 1$ I'QSSl8tE, flUS I>!:ClSiOl'l SHot.l\,!) m; .MAOt llY IllE CO~TQR. BASal U"CN illS DCPOifDfCl:. \I1lt, IHii....pROVJ\L Of' ",;E ARCHITECT, CCNTiNlJE THE ""PRMO PROCEOOIlE U,,'TI~ ...u. PRESSURE 1NJi:C1.1lll.E CRAC!(S HAVE BttN filLED, IF FtNrtAA1.0N Of /loW cAACl\S IS JMl'CSSllll.E. CONSULT TtiEAAO<<T!'C! !'IUCfl( lltSCOllllM.II1<C THE !tiJECTlOll JI'RtlCEIllIfl(. If !AOllIf'lCAT1O/l Of lHE PflOP:lSGI I'R(>"..tOlJfll '5 fll<l\.llfltO ,0 fill mE CAAClIS. SlJ9I!1T $1<10 NOO',FlCl<riCN IN W~NCTO THE AAOilTECT F'Qll IoCCEPrN<<:E F'pOR TQ ~CEECCllC. AOl<EflE TO Al.~ UNIT"noNS AhO CM.Il1ONS fUR lHEEflO:t\' R>-SlN AOHESNES IS ""If w.K\Jf.r.cruRfRS CliRRrtiT PlIiNTEC WWlATlJRE. SURfACE ,4P'PU{.l). GRIo\'lrl fEUl CFlACI< 'U:,.\LE~ErflATlNG SEAlER L HIC1i-1I0LtCu:.AA-WE.GHr Mo.~""'TE: CR/oCKS "''10 IoD,lACENT SU8STRATE t~sreEQ.o..'t. OO"J~.:nN{C met crSl.f'~rAC[;:- MOlStUR'E~FROSi.?RIOR 10 PllOOUC!' "pPLlCATlOlf. a.I.'W CRACI( C;';T 'h\1li OV~."REE CO~s:i<ruA1t 2, W1'ERE ,l.:;ctSSlmUT't'TO tHE 1J~OERSiOE OfTkE SWl IS ,I(Y.oJWlLE, SEAL ..u. ViSIet.E CAAoCKS 'ol'I'TI1 ...."J IJ'OXY 'lESIN ~ESM:' p.osTE Cfl p(lIll'[J."JO CEME/{f-llAS!O OUlCl<Smll<C CO~PO~fll) TO !oCT .os ~.:;wI ~ liOW l'kE ,,0\.11;) HIW-1l0LtCJLAA-we.", foIIDlACll'I'lJIoT[ ;';JoIn, CliREC, J, SP!lEAO NE'oT SlKN'ROI<lO H 'jI/ffiI rlilT WUEiiCE OR 1lOI..~E!l ~lNC TO F'ONO OVER CflACl<Efr A'lfAS, 4 lIT Il"'TERiAL PEI'iE:TR/ITE INTO CRACKS .o.Nll Sl.IflIlOONO'NC 'S'J8STRAtt~ 5. RE/./G'IE ElICElo'S, LfJ,\'NC Nt VlSllllE S'JAfACE ra.M. ~. rCfl CRACKS ()IltAT(ll 'IlW1 ... l/e' \W.)E. nu. CfVoC><l 'JilTH ovtN-C!lito SANO UEfC!!E APP..Ylt>iG _1lQ"..ro HI. . Pro"'ct LANE'STRUCTURAL CONDITION ASSESSMENT LINCOLN IIJ BLISS & NYITRA Y, INC. -, ! Soole I Drc"ll . II~sUOC PrcJoet No, CONSULTING ENGINEERS NA . M.M, 11-21-01 0119 51 S.W.t,! JEIJHI: ROAO 1I1,l,jjl, fLORIO,i.3313, R.~I$iQi11l , Or.,... ReL I PHil~i C~I>S) ~-'(liI& iACSIIlIti. {.;c5) ...2-/092 h- I -< E -1I,i.1L:moOObnJon91r...on.com , , ..... ! 19 of 21 II RE?~ll'Il<<l'ES; ~a $l.RfA,::.t: 'S$>,'tLS rROtII ~l!!. ot.:.!.P 'l'lJ tlZ- De:.? '>>fF';.,:~_~r-~\;hJ-';F':::~n 'oii.A! 'jl <,'-i<~~~::'FiC'. g';)~::J:/L l,'{>~ ."': ~i'''' ,.m.,>!) ~rr "'.#: :::~.:T~r-rt :i-- .Cj,'(.;~"""'" :>'~~.-;~:'1N ::~'Ji[;;t:.(~ "{(;-: '};>''''\~iL ':;:;~f;.n.1-i2 t,1.!; -:41"+ V;& ~{V;~ ;~~r"~~;~~ "'U,tPi ~A,", ~-rp"-. C::_~~,,-f~:('^t.;;:>i;at.:p" .~;.LJ,:t :_~._~ J,G\J;S N.A. _'__,flc .Of''J'''", -ts;;.;.fl1 . M.M, :'-21-01 f'1'o,tcl LINCOLN LANE STRUCTURAL CONDITION ASSESSMENT FfOj.Ct ~o. C.1-~-9 20 cf 21 ~;t1ili;:;.~ ;-jf~:Yt:"lIt 'Jf ?E:;1A:~ ;I.~:::, .\ ~_:N:W~.W :}" L4:" :~4 ~t:~:J ~t_U":)} tI<_FA:':;~~;jLL,O I_CH Hf F$~ ~h4:~ i.<fi* :~.CfP"'.., .. ::(AfCA,,:€ '~;{..n..:J iJ2. ':;I'\;~.Jfl~tt:} jUH;:."-'ct -:j~r :CSCJlIlfH ~1:",!-';t"~L~jj.(,.; i/i'A,:::R ~ ,UlPt~ ;;<>~UH CC,"~ ~O :;;-J9S7&'7~'. r;;..~:~~<; A..,,,, ;:""$:1;;:;: M-41'{;j:O$, "I: W'h.!;l:t;~"V47,.,.t ;<:H-l ilt'tO: ~~'!' ';::;.....l~l:z ;(",;.1: tr;!tl ~tti"'r~"'lPA.i#S J"..:J.~:'.,A r~'V l:"J PL';S ....0"( if-3n:Cll.:;,. #.Nl} iJ:o't,~H:'.:M) ~~tlo'''lii:~; PARBAL OEPrH CllIICREtE REPAIR :A:1f :CNl et"lllE :U~l ell'; kF'IlU"":;. ~f"lir. ,:<rrc. Y <l;WOH_C )t; '.:T1;{'Jf:7U'RA~ PfiT!;R:rv. PRqV-;OC '"iHQR:'~C OF \FWE*,H AS -'It ':f:i'$AF.'''> , p/lRr:C:..ilAR ;Aiit iHAL,y at :;'~)(t~\::::;:S:v.r "JlAB/HE~lii i:O~EC" :ON TO --:-Q"Jums, ~ tX"':E:riC ,.\U.. ;:1.1$1!M;; ;;OtrROt ~tl t~PJ8'$:C~Jt-:Y':'$iH'tC^":GH ioN)' -;:i,l,''';:il ':JR: J,'(,Ht^~. I;;l..~ A..;.,.JVnr:;A$ D;RE:>';:Oa'1~11E :;r~~n1t:h.rL Pf'\lC:i't Ct:-E'lICRA"S;:. l'ORV1;So L'~O~E. CELlll:t,l.iD C~Ej[ I.BO'tE )t:OrZEO t{C:NF;Re.:NG ;"IU..k, \.i:11:: OK.." l.IG'r-'f 2:-Lr:~r#{:c ,J+rppn'F; HAt.J~(PS Ni)'ttM.lit(R OR :1...",,'3 4, ':R.J.Cl(S eN t'Ht 5WSiRATE: IN n~~ J41'(A r"F' r~~~ yAJ~I."'"G '.'OJ(~Iit;sr at: 1"~EAje;D ."'5 C :REr.,EO ar M <~~l'EEl! '5. J~('E tN:nAJ". RE'l,IOVJ.l,.;.;ARE ~..ct. PROCtEP If!IU !",E;iJtGERCUTTtNGJr .AU" ;;l<?G$E::> :IX Ie :ZE::; 'Ct"JiRCOE:;; gARS '). ;l~nV:-OE: ~ rtHUi;WU.- :L!.-'R,L~CEeE~'1fEt!~ E:AP1'$t::i ~Ea"BS ANO ~FtD!,jNClnG ,';'ICRE'C .jp, ,/.' LARCE~ fHEr, ,ARC1:Sc AC<;1lE,1Ar[ L'I REP.<IR "'O~:~l!. '!'HC,I€,f,R ;$ '::!lEAn>!. 7 '>~~';l!E'[ ~()\'''L Sr<~L. l"X,EMi Al:lhll 'HE: 9AA~ ro A LilC1.T:Oh ~L~~IC rl-E .."IS "~Fe <;f g~IO :'1~1~1I :~:; ~~RAOS::)N. v.~ _HERE ',tC B/oll ;$ '1(.. X,.cED Or'; >~,JIlO. ~r;,~,?cm..:s S~AAtll"':J:~C cONC~taI. :1. :p UN;};<IC:;:O :?:(:S;-Q-Rc::~~S'rf:K~ IS i\);i1':1$~.:) OiJFINC 1~ ....Nte"'G~['~ :\:G ;J~OC-t5:S, C~RE ~LL a. . AKlt'l .;;;, TO :)A~ACE !IlE 9AR' ~ ",ON:) 'C $~RlIO.lNC l~; :O~:;~EiE, ;0 ~O',D <l!i~~<:EN a.lI 4'lO CCNCRE1( ;S 811:>KE:~. 'JNOUlC:'T1:hG ;rF 'HI:: aMI ~HAL" SE "E~:JI!!Ell. ) S~'I'.)8LA~! $!E:L c:: ~ElIOVE ~~I<ROS:C~, ';PL1CE "E^~ lIARS lOHl::RE ::~EHER 'HAll 1 ~~"t ~os GE:'n;~ ';.CSSCCCtRS ;,Oftf;R 700:.. :;~F2,Ak:NO '.4,AyftF :J;SC'u :/:CR :;,U;",;;, ;;E:::~N$, ':::A.7 AL... i!X??SECQt:"ifrrrtc:t4l'; AN~ ;C~RE'ftS\.iQF,lct:$~-ln~'Z:K,l "F~I.,1'EC t ~o S:PO CEW, ,"ArC}l<<:"4 SJKATCP ~:! ~u..;s :;:'R rl~RrzONrAL ;:tE?,~IR;S A~ro ~::I'{A 7'JP ~::3 o'~";S ,;'"CiR i~~T:CA~ .~~ U(E~HEAC ~E?~:RS. BLISS & NYITRA VI INC. CONSULTING ENGINEERS ~1 s.w, ~ ;(Utl!: ~~ll \lWl;, <lCR1ll~ 33l!4 'HCH[ ~ZOS} 442...;aat; rJ..C:;a.uu \SOS) ~4-jC3! ~-'Ud': nlClI.IU\ltt:~ln"!'I.~m ~.\f',:t\Oflli '-::m!'8l) !J;'lt UNOXID:ZED AND TIGHTLY 3Ct-lOED BARS ......A /i i' I I t" SAW ClJT--;.< PERIMrr:::R /;l; // PREPARED CCNCRETE--, SURFACES TO RECENE 1 PATCH I 1 I I. ..-...... . OXfDlZED (CORRODED)' . BARS. I / j r- in MIN. CLEARANCE " ! REFER TO NOTE H6 i /, /.tl. . , '://'./', ">---'~~.."""~----:-" V/.,~..,//,".., ,'/ / . /".. .,' ,/-", J/' .. " , " '" j< .' /' "'.' / ,,/ /'" "./ , . //' // / / ,,/ ~ /./' /' /;Y ...... ,,/V" .. -'~ / ./' - .,' ..... ,.il..' ,./ ..... · ".,' #/ "J' oero R" T ~ '" " ~. '{HiP/e~;{Tl;lEr{W)S{P.~~E>A7"~G~~tES;'/ /. --;/0r;/ '// /~>" ,//, r~(:R.~~~~~~~~~~R/~~C~~~~~:/~',.>,./, // ,< /' / /.' /'>.'/ j ; ,/ J' " ,,, ,," .-'~ ...,/ " /'" "i' "," ./' .,' ." .... .,f ,_ _^,,_ /~ ,,/0,... .1" ~/ ...... /' )I .." ;' I. '-., . ..--V "'--. ~ " " / "1 SECTION THRU CONCRETE MEMBER PATCH CONFIGURATIONS SHOUL.D 8E KEPi AS SIMPLE AS POSSiBLE FOR EXAMPLE: ..~p YES . . .., NO YES PARTIAL DEPTH CONCRETE REPAIR LARGER SPALL DEEPER THAN 1/2" SCALE: ii" ...i'-O" OR REINFORCING IS EXPOSED B I f''''j.~ UNCOlN LANE STRUCTURAL CONDITION ASSESSMENT BLISS & NYITRA Y. INC. : s,,,. . - . Or<lW' ,.ovoo. ;>co_ ~c. CONSUL TINGENGINEERS ; f' "" 1'-0" M.M. '1-2' -,1 '0119 $15.\'1. u: JEONE ~OAJ IolIAliI. 'lOIlIOA 33134 ~u;.1. R...,..ono J'>lO/jE (3C!1 442-70ll5 ;ACS1ii::U: (305) ...2~m2-' t-llAll: mc~Obl\I."~I"_'uorn I I 21 of 21 CONCRETE RESTORATION. SYSTEMS Spcc Component: SC..027.0300 SikaTnp 123 Plu$ I)IVISION 3 .. CONCRETE Seclion 03730 Concrete Rehabilitation Part 1- General Mil Summary A. This specification describes the patching of illcri()r and/or exterior vertical or ,werhead surfaces wilh a polymer- modified. portland cement mOl1ar. 1.02 Quality Assurance A. Manufacturing qualifications: TIte manufaclUrer of the specified prodtlct shall be ISO 9001 certilled and have in existcnee a recognized ongoing quality aSS\Ir3ncc program independently audited ona regular basis. B. ContfactQf qualificalions: Contmctor shall be qualified in the field of concrete repair and protection with a successful track record of;; years or more. Contractor sllallmaimain qualified personnel who have receivced product training by a m;mufacturer's representative, C. Install Illalerials in accordance with all safety llnd weather conditions re'luired by manufacturer or as mooified by applicable rules llnd regulations of local. state and federal authorities having jurisdiction, Consult Material Safety Data Sheets for complete handling recommendations. 1.03 Delivery, Sto....'ge. and HAndling A. All materials must be delivered in original, unopened containers with the 1113nufactufcr's name, labels, product idenliticalion, and batch llumbers, Damaged maleriall1lust be relll(\Ved from the site immedialely. B. Store all materials ()t'fthe ground and protect from rain. frcelillg Or excessive hem until ready for use. C. Condition the spcdlled product as fecomrnended by the nUlIlufaclurer, 1.04 JobConditions A. Environment.,l Conditions: Do not apply material if it is raining or snowing or if such conditions appcnr to be imminent. Minimum application temperature 40"F (;;"C) and rising. B. Prot<lCtion: Precautions should be taken to avoid damage to any surface near the work lOne due to mixing and Imndling ,lfthe specified material. 1.05 Submittals A. Submit two copies of manufacturer's literature. to include: Product Data Sheets. and appmpri;lle Material S"felY D.na Sheets (""5DS), 1.416 Warrant)' A, Provide a wrillen warranty ffl)11l the manufacturer agJlinst defects of materials for a period of five (5) years. beginning with date of suhstanti..l completion of the project. Par12 - Products 2.01 Manufacturer A. SikllTop 123 l'lus, as manufaclllred b/' Sikll C<,rporlltion, i~ considered to Cl)l1form to the requirements of this $pecificalion. 2.02 Materials A. Pob'mer-modified Portland cement mortar; l. Component A shall be a liquid polymer cmulsi(ln of an ,l'ryJk copolymer base and additives. a, pH: 4.5-6.5 b. film Forming Tempet'''lurc; 73"1' ma.~, c. Tear Strength: 950-psi min. d. Elongation at Break: 500% min. e. Particle Size: I<:ss than 0.1 micron Comp<>ncnl/\ shall colllain an orgatlic. penetrating corrosion inhibitor which has been independently proven to reduce corrosion in concrete via t\SlM G3 (half-cell potential tests), Th" corrosion inhibitor shall not be calcium nitrite. and shall hale llll1ininlllll1 of 5 years ofindcpendcnt field testing to documcnt performance ()II act,,"J construction 11rojects. ., 3. Componcnt B shall be a blend ofsclected p<lrtland cemcnts. specially gmded aggregates, admixtures for controlling selling time, water reducers for workability. and an organic accelerator, The materials shall be non-combustible. both before ami after cure, The mall:rials shull be supplied in II factory-proporlioned ulliL The poJymer-modified, portland cement mortar m\lst be pJaceable from 1/8" to 1-1/2" in depth per lift for vertical applications and J/8" to I" in depth for \werhead applications. 4. S. 6. 2,03 Performance Criteria A. Typical Propertk'S of the mixed poJymer-modilied. portland L'Cmellt mortar: I. Working Time: Approximately 10 15 minutes 2, finishing Time: 20 - 60 minutes :3. Colm: concrete gray 8, Typical Properties of the cured P\)IYI11er-modifie{l. portllllld cement mortar: l. Compressive Strength (ASTM C- J 09 Modified) II. I dill': 3500 psi mil1,(24.1 MPa) b. 7 day: 6000 psi min. (44.8 ~1Pa) c, 28 da)': 7000 psi min. (48.3 IVIPa) 2, Flexural Strellgth (ASTM C-293) @.28 days: 2000 psi (13.8 MPa) 3. Splitting Tensile Strength (ASTM C-496) @.28 days: 900 psi (6.2 MPa) 4. Bond Strength (ASTIvl (:-882 Modified)@28days:2200psi (15.2 MPa) 5. 111e portland cement mortar shalln"t produce a vapor barrier. 6. Den.sity (welmix): I 321bs,,I cu. fl. (2.2 kg/I) 7. penncabilily - AASHTO T-277 @ 28 days Apl)rQximalely 500 Coulolllbs Note: Telts above weloe pel-formed with tbe m:llerial and curing conditions @ 71"1" - 7S.F IlUd 45-55% relative humidit)'_ Part 3 - Execution 3.01 Surface Preplu'alion A. Afeas to be repaired mtlst be dean. sound. and free of contaminants. AlIlo.)$(: and deteriorated concrete shall be removed by mechanical means. Mechanically prepare concrete subslrale to obtain a surface prolil,;; of H - 1116" (CSP S or greater as per lCR] Guidelines) with a new exposed aggregate surface. Area to be patched shall nUl be less than I/S" in depth, B, Where reinforcing steel with active corr<\sion is encountered. s:mdblast the slcello a while metal finish 10 remove all contaminants and rust. Where corrosion has oceurr,'d due to lhe presence of chlorides. the stecl shall he high pressure washed arkr mechanical clenning. Prime steel wilh 2 coats of Sikn ArlllaleC 110 EpoCelll as pCI' the tcclll\icul data sheet. (See Spcc Component SC-201-06(9) 3.02 Mbing Rod Application A. f\.kchanically mix in an appropriate sized mortar mixer or with a Sika mud paddle and low speed (400-600 rpm) drill. Pour approximately 4/5 gal Component A Into the mixing container. Add Component B while colllinuing to mix. Mix to a unifonll c(lllsi'lency I'm a maximum ofthrce minutes. Add remaining Component A to mix for desired consistency. Should smaller quamitics be nccdcd, be sure lhe component/> arc mea/>ured in the correct ratio and that the Component B is uniformly blended before mixing the componcllls together. Mix only that amount of matcrialthat can be placed in III - 15 minutes. O() not rclcmpcr nlatcria!. B. Placement Procedure: At the time of application. the substratc shall be saturatcd surfaced!)' \\ilb no standing water. Mortar must be scrubbed InlO substrate tilling all pores and voids. While the scrub coat is still plastic, force material against edge of repair. working toward center. If repair area is too large to till whlle scrub coat is still Wel usc Sika Armalec 110 EpoCell1 in lieu of senlb COllI. (Sce spec component SC-200-06'W) Aner li1ling, consolidate then screed, Allow mortar to sctto desired stiffness thell finish with tTOwel for smooth surface. \Vood 110at or sponge /loat for a rougb surface. Areas where the depth of the repair area 10 sound concrete is greater than 1-112", the repair shall be made in lifts of 1-1/2" maximuln thickness. 111e top surface of each lin shall be scored to produce II rough surface lor the next lift. The preceding lift shall be allowed to reach linal sel before applying fresh material. Thc fresh mortar lli~ISI be scrubbed into the preccding lift. D. As per ACt fecommendations for portland ccme,nt concrete, curing is required. Moist clIre with wet burlap and polyethylene. a tine mist of water or a water-based* compatiblc curing compound. Moist curing should commence immediately' after finishing and continue for 48 hours. Protect newly applied material From rain. sun, and wind until compressive strength is 70% of the 28-day compressive strength. To prevent frolll freezing eOVCf with insulating material. Sclling time is dependent on lemperature and humidity". 'Pretesting of curing compound is recommended. E. AdhcfC to all procedures, limitations and cautions fOf the poIY'lller-nlOdified portland ccment monar in the manufacturers current printcd technical d.1I3 sheet and literature. 3.OSCleanlng A. The uncured polymer-modified p('\ftland cement mortar (;,111 he c1eancd from lools with watcr, The cured polymer - modified ponland eemenlll1on,ar can only be removcd mechanically. B. leave finished work and work area in II neat. clean condition without evidence of spillovers Imto adjaccnt areas. SC-027 SikaTop' 123 Plus Crack Filler (Vertical I Overhead) 3 1_ Repair area should be no less than I/S" in depth. 2. Apply scrub coat to prepared substrate. 3_ While scrub coat is still wet place SikaTop 123 Plus filling the entire cavity_ 4. Strike off and level as required. 2 Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 SC-027 SikaTop'~ 123 Plus Hand-applied (Vertical I Overhead) . v 1. Repair area should not be less than l/S" in depth. 2. Substrate should be saturated surface dry (SSD) with no standing water during application. 3_ Apply scrub coat to the substrate, filling all pores and voids. 4. While scmb coat is still wet apply SikaTop 123 Pills. Note: If repair area is too large to fill while scrub coat is still wet, use Sika Annatec 110 EpoCemin lieu of the scmb coat. (See Spec Component SC~200) For applications greater than I-W' in depth, apply SikaTopI23 Plus in lifts_ Score the top surface of each lift to produce a roughened surface for the next lift. Allow preceding lift to reach final set. Repeat from step 3_ Concrete Restoration Systems by Sika Corporation, 201 Polito Avenue, L~'ndburst, N.J 07071 . __QUA~~:\' · II I-rIEVf.tAf-t'<" ryjIJ DESCRIPTION SlkaTop 122 PLUS IS a IWO;';Ol1'ponent p~ymer --modifle(l, porUand.ccrHun\, fHM- sellJng. uowol.grade mOfla/. It is n hlgl1 performance repair mortar for horizontal and \fertle~11 surfaces (In!.! .f)Her~) the addi- lional benefil of fcrroGard 90 1, a penotmt" Ing CQlrosion 'nlllll,l"r. WHERE TO USE ... On grade. above. "nd odow gl,\rj" on concfCte and mOlt1\L A On horitonlal surfaces, ... A$ a struclural ""Pair maWriall", park- ing strUClures. indllstn,)l 1'1'1015, wiilk- ways. brIdges. tunnels. dnms, ..loci ramps, ... To level COncrete slJIlaces, ... As an overlay sySlcm for IOppmg!rcsur" f{!Cing concrete. A Overlay in catho(lIc prolectlOn sysTems ADVANTAGES ... High compressiv!; and ne~ural strengths, ... High early strenglhs, Opens tot/aWe fast: lOot In 4.6 hours. pneumatic lIT<' In 8-12 hours. ... High abrasion resislance, ... Increased freeze,~haw durabillly and resls'anee to deicing sal";, ... Compatible wilh coefficient 01 thermal expansion of conclCte - Pa"e~ ASTM C-aa4 (modilied). A Increased density - improved carbon dioxide resj~lanc.) (CaIl)OIl1'I,on) wllh- OUI adverselyallecling waler vapor transmissiOn (nOl a vapor barrier), ... Enhanced Wllh f erroG ard 90 1, a pen- etraling COlfOSlon ,"h,bilor .. reduces co"osion even in the HdJac.tmt cotlcr~)tc, ... NO{ flammable, non.wXiC. " ConlormslOECAIUSPHSstandMdsfor surface COlllact wilh potable water, '" USDA approved for food in<lustry. ... ANSIINSF Slilndafd 61 potable water approved YIELD 0.51 cu, It! un~ mmtar 0.75 cu,flJunil ConC.cle (SikaTop 122 + 421bs. 31B pe(( gravel) PACKAGING Component 'A' - 1 -gal. pllJst'CJUg; 4lcarlon, Camponent'B' - 6L5~b,mulli'WlJlIba9' HOW TO USE SUBSTRATE Concrete. mortar, and masonry products, SURFACE PREPARA TlON ConcreteIMortar; Romovc all detmio rsled concrete. dirt. oil. gWilse. and all bOnd~l1hibillng matenals from surfelce, Be sure.repair area is riot lefl$. than 1/8 Inch ,,' Sika Top @ 122 PLUS 3/02 Two-componenr, polymer modified, cementifious, trowel -grade @ mortar plus FerroGard 901 penetrating corrosion inhibitor TYPICAL DATA FOR SIKATOP 122 PLUS (Material and cUring condlt.ons @ 73F (23C) and 50% R.II.) SHELF LIFE One yeilr in oligulal, unopened pilck.agi"g, STORAGE Store dry a140-oSF, Condition mal..rial to 65.:J5F b../oreusing. CONDITIONS Protect Compon"''' 'A' from fn,eltng, II ftOlert, dIscard, COLOR Con(:r(~Ip. gray when mlxf::d, - MIXING RA TlO Plant -proportioned kltmix enhre unIt APPLICATION TIME ^I)proxlmillely 30 mll1UleS. - , ,---- FINISHING TIME SO .120 minutes - Note: All times 5l3rt flfler adding Cornponnr'Jl 'B' to CompOHl1nt 'A' and UfO highly aUected by temperature. relative humidity, substrate temper.:tturr~.wjnd. sun and olhe.. jot)sile conditions, DENSfTY (WE'T MIX) 136 fbsJclJ. It. (2.18 kglll. FI.EXURAL STRENGTH (ASTM C -293) 28 days 2.000 psi (13.B MPa) SPLITTING TENSILE STRENGTH (ASTM C496) 28 days 750 psi (5,2 MPa) BONO STRENGTH- (ASTM C.s82 MODIFIED) 28 days 2,200 pSI (15.2 MPa) COMPRESSIVE STRENGTH (ASTM C~f)9) 1 dl'y 3.000 PSI (20.1 MP(\) 7 days 5.500 psi (37.9 MPa) 28 days 7,000 psi (48,3 MPa) PERMEABILITY (AASHTO T -277) 28 days Approx. 500 Coulombs Elecllical resiSliV'tY (ohm.em) 28,000 - --~......",y~_.......---,..,~ FREEZEflHAW RESISTANCE (AS7M C-666) 300 cycles 911% ,----_._.- CORROSION TESTING FOR FERROGARO 901 Craeked Beam Carros'ion Tests: RocllJcJ!d conos;on rates 63% versuSCOnlml specimtms ASTM G109 modilied aller 400 days . Mortar s.:;:rulJbOO ltllo ~...,bsVi)tc, depth. Prepawlion WOlk should be dane by high pressure waler blast sC<lbiJler. Of other appropriate me'ch.~U1jcal means to Obt;Jinancxposi:dnggregate surfacewHh a minimum surtilC" profile 01 ;t 1116 inch ~CSP.{j), Sawr,,\(, S(,rrace wilh ch.wn INa" ((tf. Substr':lle should be SJ,'tUfHted swfncc dry (SSD} wilh no slanding waler during appliclllla'" R..in/arcing Sleel: Sleel reintOlCemelll sMauld be lhoroughly p'epmeeJ by me- chanical clc-mling to fen-l0lJe alllfaccs or rust, Vthefc corrosion has occurred due to IMe pr~'5cnc" of chlori(les.lhe sleel should be high llreSSUIC washed with dean water alter mechanical cleaning, For priming 01 rQiufQrdng stHct 1.1'$0 Sika Armatec 110 EpoCmn (consull Technical Data She'>t). PRIMING Concrete 5ubsuate: Prime Ihe prepared substratcwith a brush I)r sprayed applied coat of Sika Armalec 110 EpoCem (consull Technical DaHl Sheet), Allernately, a scrub coat of SikaT op 122 Plus can be applied prio"o placement of U", morlar. The repair mmlar has 10 be applted ."10 Ihe wel scrub coal before It driC;j. MIXING Pour apprOXlfl1aldy 718 01 Comporwnl 'A' into the mixing container, Add Component '8' (powder) while miXing continuously, Mix mechanically with a 10w,spet.'Cl drill (400- 600 tpm) ana miXing paddle Of mOltar mixer. Add remaining Component 'A' (Iiq. uidl to mix if a Inorc ioos!} conststuncy is desired. Mix to i1 uniform consi$tcncy. maximum 3 mmuWs, ThorolJ gh mi,xing and proper prOporliorling 01 tile two compo.. nents is necessary. For SlkaTop 122PLUS concrete: POUf <lfl of Componenl '^' inlo mixing container. Add all 01 Component 'B' while mixing. then introduce 318 inch coarse aggregate at desired quantity, Mix 10 uniform consis- tency, maximum 3 minutes. Adddionrate is 421bs. per bag (appmx, 3,Oto 3,5 gal. by loose volume). 1he aggregate: must be nonreactive (reference ASTMC1260" C221 and C2891. clean, well '9,aded, saturaled su,face dry, have low <lbsorpl!On .1nd high density. ana comply willl ASTM C 33 silO number 6 Pll' Table 2, Note: Variances in the qualit)' of the aggre. gate will affectlhe physical pmperlil's 01 SlkaTop 122 PLUS, The yield i~ increased to 0.75 eu, ft/unlt w,th the addition of Ihe aggregate (42 'bs.), Do nolllselimcstone aggregate. JlPI'LICA nON & FINISH Sika Top 122 PL US m..st be scrubbed.l1lo the subslrale. filling all pores al1(J voids, Foreemalerlalagainst edgo of repair, work" ing towa,d cenWL After tifling repair. con- solldale.lhel1scrced, Allow 11l0rtiH or con- crele to sella desired "IHlnes". then flniSl1 wllh wood or spongll floal lor a smooth surface, or broom 0' burlap drag lor a rough finish" CURING A~ per ACl It'tf;Oo:UtllefH:!.lhor,S. 10;- f){lrllanO Cl~m<~lil COf'K:ICW, cltfing l-!i requirc-lL Mnt$l c.:l.Jf~ ....,r"l io",,'cl bo.1l'lp .tu,d p(1)'r,lhykmf!~ ., finl'! mi5l of wal~,r or n walCT ba'SCd~cornpaIJtHc CUflfloQ cornpoand. Curmg Compound5,adversoly arfeJf.;llf1d:ii1dhCSiOIl offollo-w- ing JiIYU($ .or tr'I01t~>>, l<.w_rlin.g mortilr or proicttiV(' 1;.~').atin9$, MOis.1: CUfl'l\9 !;hl)I,i1d e(>IUrtl<,'-i\C(t ';'rt.t'!'I(.:-x1i,. rll~!lYilftCt fini~hjf'19 PtOlec.1 ~iyl:lpp-'icd mat{}(I1.l~ twm dirQc1 '!t\1t'l11gf-<C. \,tAnd, '.'1111 .:tno [rost 'Pretes,li!'i9 or curing COOI~)Quf!,,1 ::;. f(:CQtnl1wnd'cd L./MITA TIONS ... ApoplicaH(w thickness; Min. Mu.in one lift Neal 118 inch 1 Inch (3 mm) 125 mm) Exwndud 1 inch 4 inChes 125 mm) (100 mm) .. Miniml,Jl'fI ambit:r.t and 'SutftltC lotTIj>Cra!uf'Us45t Pc) ~nd' ri~ill9 at I,i~ (It otippHcl.Hlon. ... AddillOno1coar~Gnggre-ga.csma'jr'OSlI1:IinV..1hil a lion" of ,he p'''Y$C.;tl pro-p(1r'(ieos 01. the mottar ,4 Qo OO! ilse !iootvcnl..oa!>.Cd cU(mg compound, .... $ll:4:.\ ';.;hopc .end depth.of repaif' mU:.>t be carduJi.y tt.:m~i-def(,-d.1nd,(}r'lsjs.l'(H~1 with prill(;1i(;"I)S tet;- t)(rlrl'1el'\d~d b)'ACt. rOf addlll.l)t~al int()!ffi.31i(>t1, contDct TochnKl.'ll1 $Cf'YIC.Q, ... r Of tH:JdiliOru,t irl1OfrrtatjO(l Qn '$ub'l4rb~e prepi.\fO:1 M tiQt\, r(lfer IQICR! Guidelil,q No-,.OJ132 Coolings-. lI!xI: Poltmer O\'(!fJays'" ... tf aggtDS!'itve means 01 SiiJDwllte pf(!para~lon ts. f.!mplo)'ed, !;'ubstr ato stn,,,~'g1h :shO\.dd 1K~ ~o';;.le-~1 in ;lccorlj..lnCC w;jjtt ACI5JJ3 Appondi... A prior t(~ 'he n}p~ut 3~)}lIiCtlliQfi, '" As wnh aU cClmcnlbDre!1malCnals, avoid conta<:t wilh ,a,lumrmHtI '0- pfOV.;ntadvOf'50 chcmJic,ol f(!aC;;; tion tJ'1d possible proout.' tailUrt!, Insulate pot<lO ~ h.'ll MC3$ or COf\tat,:t by !:QaJing lIo-kinHI'R..IM b3r~, rajl~. pofi.t$ etc. Wiln lIfl .)pproptil~U\! OPOlly'5VCh a~ Stkadur Hi.t1od 32. CAUTION Component 'A' -lrntan.1 -May CilVS-e s);;lI\/e)'€l'fU~piw ril1()1''i t:!flf;itiill\. A'..'t)l{l tY.IJ.:~hjn<J v;Ii)(tr, U~;,(~ .,.;~h adequate IieOlilmion. AVOid C~ktn and li'jC! C()f'lI.i}C1. Sffir~)1)'gog'!Jh]~ m'id rub{JCf glO\,'es. arer<<.ornmeockX1 C011'lpenern 'U' .IHl.~nt SU~PO(;' C<UC~!l(1-gC:' ~Con~ U~it'ts POftbH'tQ (~{"m(!tH ;)nd ~,It'Kl (u,'-'mJld'l(!~:'ili(;~I' Slodn~lnd Byi) lidtif(lt k..c.'d cotllac!. Dust fMlyc:ausc rc"'pjra{.c)ryH~JC( in:4.llion, AVQid tlrcatl1il"lfjduSlUSe Pfllywilh Dd!~ql.).;lH~ vcnOlc,,"iQrl, Ma)'citiJ:o.c dd;rye<J lung InjiJt)' {:<'llh::Os.i~~." IARC t!SlSC''f~dlf>{~L: ::.ili>(::a at hewing osuffl(:cn_ c:vidooccGf celrcinogonicil)' in lilhC't"ttlf"Y ,'njlt\i~fS nod h:mil.~(i q"'\'>(!i)nc;.~ of <:Hf(;~t.). getW;dt lollumans. NU' al5-0 Mit'S crysmlkne s.lll'Ctl iI~;."1 $Wipc<:t r;3l'r;k'-.ogcn. Use d s..'lfo1.yg-og.g~" and d~liliCl1rr.~!)-i~"nl-191f)v(~;",j~t~~c()ftlmcnd(xi,lf PE'lliJ. al(~ NceeoQd, an apPfDpfNlU~" NIOSH.'MSHA hP" pfO\'cd f'CS-p*t alori$fuqull-cd, RCt't1cwecontarniNN-C:<! eki4h1rtSJ FIRST AID to eit$.(! or skm conla<;l, Wi\Sh,looroughiy'mlh !iuap nOod wilter. r Of c'jecOJ'ifatt, 'lu..'ih immedk"tcly wlCh pic",>, vf w4'l(~ fl):.;\' to,,~.115 n'1in~j~(:"', .and (;OI'I((tcl ~ PhysIC,.)n. raf reSplfJltory problems, Icmov~ ~r~ s.oflIQfr(~50h air CLEAN UP In c:.a.s-c'o! 'Spii1..-'lt)c, ~)(lpO' \liII(:Ultm in1o;jppto,)ri~ tile ce.-i:1.ttj;,n(1L ")i\dtl~~ij:}()~tt of in f:lf::(~{.Ud~lf1C~l willh- Ct.KH'.!nt, .Bpp-;iCClolc Iocitl ~Uite- oand ft,'"'Cmat wg-ulli'" tivn~. KC<lpconlainQ1" lUJt'lUyc:lO$odatloina;nupdght pos.ihon '0 I)tC"'O~ ~pili1).rle :)i)(f IOlit31je-. Mixed c;omponont$~ UIl{'~LJrOOmJ5lCri.'J1 cao be -f{.~~ rnovcd wilh WAiter. C\lfOO matcrml can only tw m~ mO'icd meCMf1i<:aUy Prodv-:;t CooIl.'11119,S;k;ot, Atf'lb"\I~lt-,SiM.al(Jp nnrl fW~LVdlHe t.egl~(\Jd trb(WmJlf);S. MudoP. InUSA. ~*r-jnl(>lj irt USA, Match, 2fm KEEP CONTAINER TIGHTLY CLOSED KEEP OUT Of REACH Of CHILDREN NOT fOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET fOR MORE INFORMATION $ika wa.....n15 its products to be free from manufacturing defects and to meet Sika's current published properties when applied in accordance with Sika directions and tested in accordance with ASTM and Sika St"nd"rds. User determines suiteblllty of product for use and assumes all riSkS. Buyer's sole remedy shall be limited to the purchase price or replacement of product and excludes labor or the cost ortabor. Any claim for breach of this warranty must be brought within one year of the date of purch"se. NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTIBILlTY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. SIKA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KINO, RESULTING FROM ANY CLAIM OF BREACH Of WARRANTY, BREACH Of CONTRACT, NEGLIGENCE OR ANY LEGAL THEORY. SIKA ASSUMES NO LIABILITY FOR USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANOTHER'S PATENT. Visit our websife arwww.sikauslf.com 1-800.fl33-SIKA NATIONWIDE Regional Information and Sales Centers For rne locarion of -your nearest $ika sales office, contact your regional center, Sib Corpor"fion SlIell Canad.lnc. Sib Mexican" S.A. de C, V. 201 Pollfa Avenue 601 Delmar Avemro C,lfTerem Llbre Cr;/aya Kill, 8,5 Lyndhurst, NJ 07071 Pointe Ch~irc Corregidoro, Quere/aro Phone:800.fJ33.7452 Q(lebccH9R4A9 C.p, 76920AP, 136 Fax: 201 ~33.(j225 Phone: 514,(;97>2610 Pnone: 5242250122 r<l>:: 514.694>2792 fax: 5242250537 Quam)" CcwUficltk>>n Nl,I","": L,ndt"""..-.; 12 4CiZ8. MMionctl.oaD, Kilin$.. Cny~ .. -2518, ~S."p. F. Spring": ... 415C ..()lJA(:~'r .0" -1 /otleVEMI<.~'\ ~/J. DESCRIPTION Sikadllt31, Hi./vlodGel. IS a 2 ~:.omponent. 100% solids, n101SllJn:'!-lo:erant hl"]h -modu- Jus, high--s\rcngth. $ttUI;1~Jf<<JI epoxy paste adhosive, It confOlms 10 Iho Clln enl ASTM C~81 andAASHTOM-235sp';ciflcalion5, WHERE TO USE A Slructuralbonding of cOllCrelo, ma50111)'. metals, wood, elc, to a maximum gill" Une of 1/8 Ni, .. GrOUl halls, dowelS, plMs. \letlle"l and overhead. elc. A SClIls cracks and arollnd injection ports prior to ptcssUrtHnjoCllOn grolltlflg, .. Intetior, vertical, amJ O\!'Jrhcil(j repl"" of concrme as an epo~y mortar binder. A As a pick-proof soalanl mOllnd win- dows, doors, lock 'i'pS ctc, msido cor- 'Ktional facilities ADVANTAGES A Toleranlor moisture before, dll"ng, and after cure, A Hi9h~odulus, hlgh-wonglh, ,llUeIUl<<1 pa$UI adhesive. A ExceUentadhesiootoconcrete, masonry, metals, woo<J. and most slrvetutaln1<'IIJ- rials, .. Paste coosisleney ideal for vertical and overhead uppbeabons, .. F list '5eltlng and strength -producing ad- hesive' A Convenient easy mi~ Hlno A:S ,. 2:1 by volume. COVERAGE 1 gal. yields 231 ell, in, of o[>o"y paste adhesive and grout 1 gal. rnixedwithl gal. by loose volume of olren<lried aggregate yieldS a[>proXi- melely 346 CU, In, of epoxy morltll. PACKAGING 3.gal.l.miIS; 12.f1.{)1, Ull'tS, 12/casc, HOW TO USE SURFACE PREPARA nON Surface must bli! cltmn and sound. It may be dry or damp, bul froe ot stand\llgwmor. RemolrC dus~ lallance, grease, curing com- pounds. Impr(!gnahcms, wa~es and any olher contaminants, Prepatatlon work Co_ete . Should be cleaned and pre. pared 10 achiove a lailanee and cootami- nant free. operl lexlured surface by blast clelloing or equivalent. mechanical means. Sr... .Should be cleaned and prepared thoroughly l>y l>last c1""nulg, MIXING Pre-mlll each component, Proportion 1 pan Componenl 'S' to 2 parts Compon.llll 'A. by volume inlO " clean pail. Mi. lItO!- 7100 Sikadur@ 31, Hi-Mod Gel High -modulus, high ~trength, structural, epoxy paste adhesive TYPiCAL DATA FOR SIKADUR 31, HI-MOD GEL (MalomJl and curmg condlhon" @ 13F (23C) and 50% R.HJ SHELF LIFE l years in o(igjnal~ unopened conlaincrs< ~,-~ STORAGE Stortldryat40-9SF (4 35C),Conditlonrnatet'iallo65~5F (18-24C) CONDITIONS berere using. COLOR Concrele gray. MIXING RATIO Componenl 'A' : CornpOnef11 'B' = 2:1 b)' volume, - CONSISTENCY Non "Sag paste, VOC (ASTM) O.l!% POT LIFE Appro.imalely 30 mlnules @ 731' (23C). (60 gram mass) TACK -FREE TIME 2 .a hours, TENSILE PROPERTIES (ASTM 0-638) 14 day Tensile SlIenglh 3.600 psi (24,8 MP"1 Elongation al Bmak 0.4% Modulus oJ ElaSliclty 7.5 X 10' psi (5,200 MPa) FLEXURAL PROPERTIES (ASTM 0-190) 14 day Flexural Strenglh (Modulus of Rupture) 4.400 pSi (30,3 MPa) Tangent Modulus of EI"SlicllY in Bendit1g 1,0 X 10' psi (6,900 MPa) SHEAR STRENGTH (ASTM 0.//32) 14 day SIle<>r Slr\mglh 3,400 psi (23.4 MPa) BOND STRENGTH (ASTM C-882): Hard"ned Concrele 10 Hard"ned Concrele 2 day (moist cure) Bond Sl<cngth 2.300 psi (15,9 MPa) 14 day (moist cure) Bond Strength ZAOO pSI (166 MPa) 2 day (dry cure) Bond Slrength 3.300 psi (22.7 MPa) DEFLECTION TEMPERATURE (ASTM D-64B) 7 day Dcncclion T "mperalure 1281' (S3C) [fiber slrcss loading ~ 264 psi (1.8 MPall WATER ABSORPTION (ASTM 0-670) 24 hour Total Waler AbsOlpllOll 0,79% COMPRIi:SSIVE PROPERTIES (ASTM 04195) Compressive Strength, psi 40F (4C) 73F (23C) 90F (32C) 2 hour - , 900 (6.2 MPa) 4 hour - 140(0.9 MPa) 5,400 (37.2 MPa) 8 hour - 6.800 (46,9 MP:i' 8.800(60,7 MPa) 16 hour 400 (2,8 IvlPaj 9,600 (66.2 MPa) 10.100 (69.1 MPa) 1 day 3.900 (26,9 MPa) 9,800 (57.6 MPa) 11,100 (80,7 MPa) 3 day 6,700 (46.2 MPa) 11.300 (71.9 MPa) 11,900 (82,1 MPa) 7 day 9,100(02,8 MPa) 12,000 (82,6 MPaj 13.000 (69,7 MPil) 14 day 10.400 (7U MPa)12.000 (82.8 MPa) 13.000(89.7 MPa) 28 day 11.;,00 (71.2 MPa)12,OOO (82,8 MPa) 13.00(89,7 MPa) MOOULUS OF ELASTICITY, PSI 7 day 3.9 X 10' (2,700 MPa) oughl)' lor 3 mjnutl~s wdh Sika paddlo on low,speed (4oo-600rpm) drill u",iluniform in color, Mix only lhal quanlily which can be used whhin its pOI hft', To prepare an epoxy mortar: Slowly add up to 1 part, by loose volume of an oven dried llggregate. to 1 pml of Iho:; mIXed Sikadur 31, Hi.Mod Get and mix until unilotln in C0I1SiSh"'cy. APPUCA TlON A.a struc:lural adhesive -Apply tile neat mixed Sikadur 31. Hi-Mod Gollo the pre. pared subslfales. Work Into the substrate lor positive adhesion, $ccure the bonded unb firmly inlo place unhl the adh~ion has cured, Glue line should not o~cocd l/IHn. To ..al cracks for injection grouting - Place the neal m,xod matmlal over tho cracks to be pressum injected ,)0<:1 arolJnd each injection port Allow sufficient limo to set before pressure injecting, To anchor bolt$, dowel$, and pim. - Annular space around boll should not ex. ceed 1I8-in,; depth of embedment istypi- cally 10-1511mes Ihe boU diameter. Grout with neat Sikadur 31, Hi Mod Gel. For Interior vertical and overhead palch- ing - Place the prepared mortar In VOId, working the maleri,,1 illlo 1110 prepared substrate, foiling the cavity, Stnke orr leveL Lifts should nOI exceed 1 -in. As a pick 'Proofseatanl -Use aUlOmatecl or manual method, Apply M appropri1lte size beao of malelial around lhc mea being sealed. Seal with neal Sikadur 31, HIMocl Get LMTA TIONS .. Mirnmum substr<lte and ambient II"n- pcralure40F (4C). ... Do nol thin, . . solvents will prevent proper cure, .. Use oven ,dried aggregate only, . MaxirmJm epoxy mortar thickness is1., in. per lift. .. Epo~y morfar is lor intenor use only. Materiall'S B vapor tii:itrier (:Jftl~r cure, .. Minimum age of concrete muSl be 21-28 days, depending upon c\J,ing and drying COntlltions, lor mortar applicalions, .. Porous sllb5lnlles mUSl be lesled for moi-slure-vapor transmission pnor to mortar applications. .. Nol for $eilflng cracks untler hydrostatic pressure at time 01 appIiCH!lon, CAUTION Componenl 'A' -Irritant; Sensitizer - Contains epoxy resin and crystalline; silica (:>and), Cat' ciJuse"kin sensit'Zatlon after prolonged or repeal"'" contact, Skin <lnd eye irntant High concentrations of vapor may cause resp'ralOry irritation. If sanded. crystalline silica duSI may be genoratcd and may C1lLISe delayed lung injury (silica. :>'s! and is listed as a :>ospect carcinogen by NTP and IARC (lA) Use only with adequate ventilation, Use 01 safety goggles Hndchcmical rcsl:>tant gloves is racOm, mended, In CHSC of ()xc<~edance of PEL". use an approp<iate, properly flIlnd N!OS~j/ MSHA approved respirator, Remove con. lam,nated clothing, Consult MSDS for more dmailt.d Ulform,ltion, Component '8' -Corrosive; Sensilizer - ClJ't'llaJns i:unines and crystalline silica (s"nd). COI1WCI wilh eyes or skin m"y cause severe burns, Can cause skin andl 01' respiratory sensitization aller pwlonged or repealed contact Skin and eye IrrtWnt High concentrations 01 vapor may cause ,e;spll;llory i",wllon, Overc~posullJ may caus.!} liver, kidnt'Y, <lndlor central nervous s)'slem effect:>. If sanded, crystalline silica dUSl InH)' be gonmalOd and may cause delayed lung injury (silicosis) and is listed a:>" suspe;cl carcinogen by NTP and IARC (2A). Avoid :>kin contact Use only wilh adequate venlilation. Use of :>afel)' goggles and chomic," reSIstant gloves is recom- mended. In case of exceedance 01 PELs. use an appropriate, propNlyfittod NIOSHI MSHA approved ro:>pir ator. Remove con- taminated clOlhing. ConSUlt MSDSfor marc detailed information. FIRST AID In case of skin conlacl. wash ,mmedialely and thoroughly with soap and waler. II symploms perslSl, consull a ph)'sic'an. Eor eye contact. flush immediately with plenty 01 watN lor Ht lea:>1 15 minute!>, contact a physician, Eor fCspiralOry prob- lems. remove person to fresh air; if :>ymp' loms persist. con lac I a physician. In case Of ingeStion, d11ute IVIlh waler and consult physic an, Remove centarninaled cloming, CLEAN UP In case 01 spIlls 01 leak:>, wear wltable proteclive equipment. conlain spill, collc'<:t with absorocnt material. and transll!( to suitable container. Ventilalc area, Avoid contact Dispose of III accordance wtlh curlent, applIcable Ioc"l, stale, Hnd federal regulations. ProdtJcl Codn JOO; . $alJ and' S*..'\dut .nrf\ mgl~.ud tIadllll" f'ni,vtls MMJe in USA VtRerJ in USA. JiMY. lO€:)O KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Sika .alTllnts Its produCls 10 be free from. manufaclurlng defects and to meet Slka's current published properties when applied In accordance with Sika directions and tested in accordance Wllh ASTM and Sika Standards. User determines ....i..bility of product for ...se and assumes all risks. Buyer's sole remedy shall be limited 10 the purchase price or replacement 01 product and excludes labor or lhe cost offabor. Any claim for breach of this warranty musl be br_ght within oneye.r of the date of purchase. NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTIBILlTY OR FITNESS FOR A PARTICULAR PURPOSE SHAll APPLY. SIKA SHAll NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KINO, RESULTING FROM ANY CLAIM OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY LEGAL THEORY. SIKA ASSUMES NO LIABILITY FOR USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANOTHER'S PATENT. Visit our webs;te at www.sikausa.com 1-8oo41334SIKA NATIONWIDE Regional Information and Sales Centers For the locatioll of your nearesl Silta sales office. conlacl your regiollal center. Sika Corporation Sika Canada Inc. Silra Mexicana S.A. de C, V. 201 Pohto Avenue 601 Delmar Avt'flIJrt Carre/era Llbre Celaya Km, 8,5 Lyndh(JrSI, NJ 07071 Poin/a Claire Corregidora, Queretaro Phone: 800.933.7452 Qoobec H9R 4A9 CPo 76920 AP. 136 FiJI<: 20HJ3J.o225 f'l1OIIe:514.fJ97-2670 Pttone:S24225 0122 Fal<: 514694~792 Fal<: 5242250537 Qv..'it)' c..1Jhc:.alioOft NwmW~ L)'ftdth.iirtot: .:I_itA Ma...c"~ '1-0848, ~",U1l Cii'1~ "I4.;tUD. Santa- f. Sprin9~: ..-tt$C .. ~ ryjJJ ' DESCRIPTION S.kaPronlo 19 is a 2 -<:ompooent, rapId- curing. solvent -free, tligtl molecular weight melh"cr~lale. Cfilck he'ller/pen. elraling seall::!. WHERE TO USE Use on grade. above and below gmoc on concrete and mortar. SikaPron!o 19 s,,,,ls surface of concrete from water and chlo. rides. For hadlont,,1 decks. Skibs. pal'os. dnyc- ways. parking garages llna other sub- sUales exposed 10 foot and pneumatic. ure traffic. ADVANTAGES .. Penelfales cracks by gravily, .. SlrUClurallyimprovesconctr::h,surface, .. Easy {o-use, 2~ompollenl s)'slem, .. Does not produce a vapor b,mier_ A Low viscosily for easy. topIcal ap. plicallons and excellent penetr"- lion Into cracks. ... JobsllO sale; not flammable, .. Low odor -signlllc,,,,Uy less than most other melhilcrylatcs, A High bond strength, A Protongs life of cracked concreto. A Flash paint of 'A' Componont is a high. saft){O-WOfk.wtth 220r (104Q ... As a penelr"ting sealer. SikaPlOnto 19 reduces water absorption <Hld chlo' rlde~on Intrusion, COVERAGE Typical COVefagB is 900150 sq, It/gal. for crack healing and surface ,0"lIng, Cov. erage valies Wlltl porosity and surface prome of substrate, Higher pOl'osIty will reduce covcrilge, PACKAGING 1.gar. uolts, 4Icln,;4 ,5 "981. urnts HOW TO USE SURFACE PREPARATION Substrale must 00 c1oan. sound and freo of surface n10i~tUfC. Remove dust. laitanco. greaso. ods. curing compoundS, waxC'>. implC9nalions. loreign particles, coatings Bnd diSIntegrated malerials by mechanical moans. Le" blastcleaning, for best results, sub straW should be dry. SikaPronto@ 19 7/00 Easy-to-use, high molecular weight methacrylate crack healer/penetrating sealer TYPICAL DATA FOR SIKAPRDNTO 19 (Malerial and curmg condillOns @ 73F (23C) and 50% R.N.) SHELF LIFE Component 'A', '9 months in originaL unopened c-ootamcrs. Componont 'B'; 6 months in ouglnaL unopenod containers. STORAGE State dry at 40-95F (4.J5C), Condition maler.alto 6S.:j'SF CONDITIONS (1S.z4C) before using. Srorage alhigher temperaturos may cause metterial tfl prCiJofymcraze and wdl redu{:e sheU hf~. COLOR Light purple when liquid; light amoor after cure. MIXING RATIO Plant proportioned kit; O1i~ entire unit. METHACRYI.A TE MONOMER 25 cps maximum VISCOSITY POT LIFE Apploxlmalcly 20 minutes, - BULK CURE TIME 6 hours" nHtximurn TRAFFIC TIME '2 hOUfS U maxinruni FLEXURAL PROPERTIES (ASTM 0':;90}: 1 day Flexural StrertgthlM\>dulus 01 RuptUle) 2,500 psi (17,2 MPa) . - BONO STRENGTH (ASTM C -882}: Hardened concrele 10 hardened concrele 2 days (dry cure) Bond $llength 2.100 psi (14.4 MPal 14 days (01oi$1 cure) Bond Strength 2, 3QO pSi (15,8 MPal COMPRESSIVE PROPER/TIES (ASTM 04195): COMPRESSIVE STRENGTH, PSI 40F" (4C). 73F. (23Cl" 90F" (32C)" 1 hour . 1.000 (6,8 MPa) 1.900 (13.1 MP3l 2 hour$ . 2.700 (18,6 MPaJ 2,300 (15.8 MPal 1 day 1,800 (12.4 MPa) 3.500 (24,1 MPal 2,900 (20 MPa) 7 days 3.500 (24,1 MPa) 4,300 (29.6 MPa) 3,100 (21.3 MPa) "iV",'cl"',.a! (:\#1:."4 ~ll'l(J !~n;;red m ttlf~ h,.,...,pe:rII~l,l1'e~ jrllj;1l>:n(oo, .. nfl'lt;'<; \1~IY b..,,~;Cd cn.ll!mr~!illlll~_ tll~mJt1ily and C').~XJ-'j\.H~ ;v ~UJ~'9t'll MIXING Empty entire cofllents 01 'B' Component InlO pail conlaining 'A' Component Mi~ lor 3 minutes with II low "Spoed driH (400-600 rpm) using II Sika paddle, MIX only thaI quantily thaI can be placed wilhin the pol life. SlkaPronto 19. $ealcr3cks Irom under- side. when accessible, 10 prevent leakagQ, A second treatment may be required on very porous subSlnllOS, Apply second trcalmenl bofore l>road.:asling. Altor l[{""tmem. wait at leasl 20 minutes al 73f (23C); cover wilh light blOadcasl of a dry B/20Ol SImilar sand, Distribute evenly over HH,surfaceata rale of 15to2Qlbs, por 100 sq. II. Do 110t exce.KJ a delay of 2 hours al 73F (23Cl beforo broadcasting. AllOW to ':Ule 12.16 hours at nf (23C), Hemove any loose s!lOd ane! opon lorrafflc. Consult Sika Technical $"rvlcc lor addi- tional information. APPLICATION SlkaPronto 19 is applied to horizont<ll surfaces by loUer, squeCjJee or broom. Spread maleual over area and alWw to pond over cracks. Lot malerial pcnulrate inlo cracks and substrate; rcmOve ex. cess Ill/lvlng no visible surface /Jim, r or cracks greater than lIS In, wide, f.ll crack wilh oven-<lrledSand belore applying LIMITATIONS .. Do. not thtn, , _ solvonts will prevent proper Cur-e. .. Minimum amblont and substfate (em ~ ptlrature 35f (2Cj, .. Minimum age of cOllCrrHe 1$ 21-28 days depending 00 cUling aod dry- 1119 ContlJtions, .. Scaled concrelO surface may appear blotchy duo 10 dif(erential absOrption, .. Nt,>1 desigmld to seal cracks subJecl to hydroslalic pressure al. the time of appli- CaIlO1>, CAUTION Component 'A' - Irrilant -Skin,eye. an(lftJspitat("YlrOll::t i!llwnt, Avoid contact. Avoid breathing vapors. Use only wjthwilhadequalevenlllal,on. Use of safety goggles and chemical resistilnl gloves is recommended. In case 01 high vapor con. cenlHlllons or exceedance of PEls. use a n appropr'ilte NIOSH/MSHA approved res- pirator. Wash IhofOUghly afler use, Re- move contaminated clothing. Component '8' -Irrilant; Organic Per- olide -Contains benzoyl pClOxicle, Skin and eye Iflilant, Avoid cOntact Avt>id bre,lthing vapors, Use onlywrth adequate vootHa\Joo, Uso at "aCety g09910saod chemical reslslant gloves Is recom- mended. In case or high vapor concen- trations Of exceedance 01 PEls. use ,111 appropriate N10$H/MSHA approved res- pirator, Wash thoroughly allor use. Re- move contaminated clothing, FJRST AID In C3SC of skill conlact. wash jmmedlately and lhoroughly with soap and water. for eye contact. flush with plrmly of waledor at leasl15 mll1Ulos.lmmediatolycoosull phy- sician, Wash clothing belore rc-use. Dis. c~lrd contaminated shoos, CLEAN.lJP Remove uncured materiallrom lOols tll1d mjxing cquipmonl w.th water. Cured ma. terial can only bo removed mechanically, In case of spillage, collect aod/or absorb and dispose or in accordance with cur. rol11. appllcablo local. st,.le and ledoral re9ulations Pmc1l.n;t C~ 3(1.1, Si~Jl;trld 5tik,'P'rI)l~lD ilfP fllgi'1JOfc4 lfi!Jode-rt-."k,s. .Mi:tde:ifj, USA Ptii'(itd in USA July. 2OC(), KEEP CONTAINER TlGHTLV CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETV DATA SHEET FOR MORE INFORMATION Silla warrants its products to be free from manufacturing defects and to meet Sika's current published properties when applied in accordance with Slka directions and tested in accordance with ASTM and Sika S.andards. User d~ermines suitability of product for use and assumes all risks. Buy...'s sole remedy shaH be limited '0 the purchase price or replacement of product and excludes labor or the cost or labor. Any claim for breach or this warranty must be brought within one year or the date of purchau. NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANV WARRANTV OF MERCHANTIBllITV OR FITNESS FOR A PARTICULAR PURPOSE SHAll APPlV. SIKA SHAll NOT BE LIABLE FOR ANV CONSEQUENTIAL OR SPECIAL DAMAGES OF ANV KIND, RESULTING FROM ANV CLAIM OF BREACH OF WARRANTV, BREACH OF CONTRACT, NEGLIGENCE OR ANY lEGAL THEORV. SIKA ASSUMES NO lIABllITV FOR USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANOTHER'S PATENT. Visi' our websi" af www.slkausa.com 1-800-833 -SIKA NA TIONWIDE Regional Information and Sales Centers For /he location of your nearest Sikasales office, conMel your regional center. Silta Corporalion Silta Canada Inc. SIb MeJti_n. S.A. de C. V. 201 PO/lto Avemlf' 601 Delmar Avenue C,1rrereraLtbreCelaya Km, 8.5 lyll(J/lursr. NJ07071 PoitlfC Claire C!Jrmgidorll. Quere/am PlUJtI<I:800.fl33~452 QucbccH9R4A9 CP,78920AP.136 Fax: 2019J3~225 Ptt<me: 514697-2610 Phone: 5242250122 Fmr:514.fS94-l792 Fax: 52 42 250537 -..=""'" O",.-tity c.,..ik:"Uot'l .........."'~ t)'l\dhuU~: '$.ca2a, Mwiclllr "...a, Kin"," City: ....a.... s.",. r. Sp""",: t44.re '__Ql.IA~IT" . . ~JEVEMl!.~~ A DESCRIPnON SikaTop Seal 107 IS a !WD -component. polymer;nooified, cQtllon!ibouswalc<proof. Ing and protective slu" y mortm tor con. crOle. It is slighlly flexible 10 toh.rrat(! fine cracks and suil<lbi<:' in bOlh illle/ior and exteriOf applicatIons. ADVANTAGES SikaTop Seal 107 provides tho follow.ng benoflclal proper!ies: G Improves Ihe watertightness of watm- containing concrete lanks, reservoirs, and c1earwells. o Protects against water penetration, yet water vapor permeable (breathable), o Excellem frcezclthaw reSislance, o Good adhesion 10 sound, pmpmc(l substrates. o Easy and fast mixing and applicallon, o Good abrasion resistance, " PlOlecls against concrete carbonation (80 mils $ika Top Seal I 07 is equivalent to 6 Incl'ms of conculle), o Can be mixed 10 slully or !rowelable consistency. a Improves concrete/masonry appo",- ance, D AvaUllble In concmte gray and off "'lhiW, o Approved fex potable wale, contact WHERE TO USE o HOIizOl1lal surfaces subjected to l;ght foolltafflC (balconies). [I for waterprooflO9 of drinking Vlal.e!. lanks, resorvolrs, and clearwelfs, o For internal and extofflul w<lterp<oofing and dampproofing COl,crele, mortar b10CkwOfk aod brickwork, o For prOle<;I'on of concrete structures aga inst tho deleterious errecls of deicing salls and froeze/thaw cycles, U For sear.ng "hairline' cracks in concrete strUClures not sub)eclto mov<>mell! sur. faces, c ForlmerlOf andextmiorwatC1pwnfingof basemenls, o Vertical surfaces, COVERAGE C f'ordampproofmg: i1pplyonecoalat40 mils. U Forwalorproofrng: applytwocoatsat40 mils per COllI, Theotelicallhickrmss (wet film) on smooth subsl1ales: 40 sq.ftJgaL m 40 mils (2 kg!m' : 1 mm) The above figures are theoretical and do nol allow for substrate profde and wI,slag(!, Throe Co.1ts may be required in areas 01 extremely high walor mfiUration, o Balcony waterproofing: apply one coat al 25 sqJtJgal. SikaTop@ Seal 107 2/02 Flexible, waterproofing and protective slurry mortar TYPICAL DATA FOR SIKATOP SEAL 107 (Malenal and curing conditions !i" 73F and 50% R,H.) SHELF LIFE 1 yetir when unopened, Protect Component 'A' from freeZing and Componenl '6' from l1100SlllfC, STORAGE Stofc d.y III 40-9SF (4,3SC), Condilion malorial to 65-'15F CONDITIONS beloro using. - COLORS Concr(!l(l gray and off whit!}, "'XING RATIO Component 'A', Component '8' Slurry consistency 1 :4.1 by weighl (full unil) Trowclable consistency 1 :4.5 by wcight (90% IiCjuid 10 full bag) DENSITV 125 Il>s,lcuJt (20 kg,1) (WETMlX) = 16,6 Ib5./gal, WORKING TIME ApproXimately 60 mlnUles at G8F Approximately 30 m,nuws al. B6F M.__....,.,..........'N COMPRESSIVE STRENGTH (ASTM D.o95}.l!l> 28 DAVS Type White 3.000 psi (20,7 MPa) Type Gray 3.400 psi (23.4 MPa) ..""",",- . TENSILE STRENGTH (ASTM C .JOT) 28 DA YS White 870 psi (50 MPa) Gray 990 pSI (6,8 MPaJ BOND STRENGTH (ACI503R.JO MOdified): Pull..,<< te~;r 28 do ys 180 psi (1.25 Nlmm') FLEXIBUTV (ASTM 0522 Modified) Approximately 25% WATERTIGHTNESS UNDER HYDROSTATIC PRESSURE (DIN 1048 mod.) Water Pressure Penelraled WatOf' Waler Absorption feet (bar) grains (gmmsl gr..ilr15 ( grams ) n~ -hours ml -hours 16 (0,5) 0 (0) 0 (0) 33 (1) 15 (1) 3 (2) 99 (3) 31 (2) 10 (7) Rendering morlars al>sorbing less than 91 grains/It'... (64 gramsim'to) are considered watctllght VAPOR PERMEABILITY (A.STM E-66) U.S. perms 28 days 18 (nol a vapor baIlier) CARBON DIOXIDE DIFFUSION CoeffJcjf'1l1 (IlCO,) Approximately 35.000 eqlJlvalent 10 6 inches of t;onctete WATER VAPOR DIFFUSION Coo!fi(;ient (~IH,o) App<oxill1alC'ly 500 ("breathable>") PACKAGING 441b, unil .when mixed yields 2,65 gallons (10 I) Component 'A' - 1 9~1. plastic jug: 4ic afton, Component 'B' <lS,5 Ib, "",II'''''all b~g, - - ~ -~----- , HOW TO USE SUBSTRATE PREPARATION Concrete, mortar and masonry sUffaces must 00 etean. rR~C rrom gte-tlse. 011 and loosely adhnring partictes, Steet and itan . . surfaces must be two 110m scale, lust, grll3scand 011. All surfaces must b" "s II'l" and nal as posslbla. All opentexttJ""J, sandpapel~ike sllln.ll,1tc isiocal(CSP -4), AU surfaces must be -SutUI aled surface dry (550). wilh no standtng water at time 01 appUcation, II is necessary to SlOp wale, ing.ess prior 10.he applicalion of Sika rop Sellll 07, US(} a quick seulng, waterproof slurry (SikaSel) to seal water leak s. IIIIXING ThoC:OMl$Wt\CVofCht,."!' mi.; can be l)llCrOU oy1'coucing tI1camoLintofCornpOOCfll' A' f~qui(j.IObew.(~O, tJli(Ujf noun01 cirCums.L.1oct.'S, wh!.Jn11W fu1 (iU:\I'll,(li.1S ~ txllh CXltnpOnt.'11tSbtC ntilmd ttlgnl!'lOf, ,'l r.lurry consislency wiIIrosutt.fOl' a IrOVil'(lI....bl~CO(t$h,Ll~ocy ~..~ (IOly90% of c:omponcr\\ 'A', Mi~ in i) cic'an conktinor uy slowly adding Ihe.)OlN('!l:.'I'c(!rn~.,)!f'l1 fo1f1o:t&quitfcoJnpQf1{,lll .and mhtlng wilr\ SIOW'5ipC(.-'\(1 drill ilnd mixing p.Ktdk~ APPLICA nON SfuTop ~4).! 1 07C..lfl be ifJpplleod bV troweL no~ch<<1 .rowOI, 'Sliff b'\..~tlO, Of 'S;l:traycqu~pmeJ:'t1 Work too materJ~1 'Il\Id into the plep:'iIX~ ~;ub:':>lr<Jl(~_ Nkr..g lilt pores; and \tOlds-. FOftJrushC.'OfIsis.ceocy: ApplY !.hetif~I(;O~H of Slk:j) T tip SoDt 101 mhhor~lontj)1 bru~h sffokc'S ~'H'!t !e,;l....~ to tNt<<ic:n{4 to a hOUf5.), Apply the- ~e<;ond -C:CNH Will' verUcaJ l)ru5h $110'kcs. ref tJowm cons~steocy: Apply the fitst COdf WIth ,{\ noIetwd Irc;wel and lcmvo to h;,i1;fOO!1 (4 to a ho.JfS.} Apply the soeond COil~ with j1 fii!'t trowel FOt spray OppliCii;Ui(>n:U'!>(.l 0 ho,1pOf gun Spilt)' eqiJlpMena. text.uf-ca$prll)'e(tt~.9. Tl.!xS(,Itayf 110(;). or tI fOlO()S1atOr pump m~Lijp~rtCn.1 Ali{hV the (vS-t cO,"Jl lol\01dOn ("1<>9 hQw'S) j)ror>rlotooapphcjltiOn-ofthoC> _c","" As SOOll 8& lhe mOrIa,. I,a.~~r slatls La '~ct, a ur'ti/(,Wm ",rf3C(llCXl\.1fI;'Ctlf'l bQ obtained by n.dllM9 'h~ sur ~ faco Witb a tine sponge ora pll)Mic 1:r(lWN, Ou oot ov{.~rwcn; 'SiKil Top Sn81 1 01duri:ng flni'!ihft'lg aoo .j~vold Ule l.1~C of additional wJlt(:r. '~"h(:u} lC(l~lir(~ft.j) third cool of ot SI~tiTop Se311(tJ Iti~)' bH app1i~XI r'I(:! l\1tc:r thJJfj Z4 hf)Ur~ afw.r the -see- oo{Jcom (lnltll~<:ase. do not trowClors,I)()I'lij:C hni~h tM ~:~()fI(l cood, If jnterc;oat perIDdC!l.CCC'{I'f> ".& oour~, bgm grit hl~t'Sl.tngiS mqulrcd prior 10 further appltci!litllon, Balcony w.'..proonll\ll..oy..' fill man:;, spall(,'(J 3re:il~ in !he (,~,,-jSl~g ~b$1r aw with tho appropriate Sik..arcpa" mooar a.s.tequifod Apply .1fH_PPfOflt'lalf.lly s~l(.>d(;lcsc-d (;clJ backQ(' rod aIOI\{J tr~mSl(jon ~'oVaa~b) to ptC\l'Cnt lhroo,~id.od jJdhe'~ sioo, Applyi'i c{)ntinOO'.Js clU'llbeaCS of $ikitflCl: 1 t l' C ()( Siki;,ft,ell 2C, ~o n 4nplh of 1 ts' minimllfll and to"j; ~ thi<:kn05'S. Aoow $(>alal'1ttG(;uf~ WtriCi'(~nUy, $ub~tral(!' m~I~1X:' ssn withl1lJ Wlnc;H.ng waliS' fft timl'! of applic:atiOrl, Appry. lil6"lhick '!.a)fer of S~'lo:~lTop Sc.J11 07 OW#' [he e:)1ifC balco.-ny _ While tho malmi.ai Is t1ili wel .j}pp-Jy ,3. '"3GO dogrcC! pUU'" r.on'itlkalin/). WO....Cnfibt.rgl<l 5'S ffic-5n{aS nl.1nufactorc(l by Bayc:l, Di". -ar H.,,), ~Mt$, Mi(lf4ritL Onlaoo) 10 I'cinforce- tile 107 iil)'(!( 31009 $l:)liC:: h.l;t;lrtinC cra<:ks, wali tQ slab i!.()nliitjons and pmche<J arC:i$, USing trowols rO- mov-{' ,anyw.tinidc-s in Ulf.' mes.htl-y rQtCinQ(IOWn into IN' Si~i1 r op Seal 101, Ef15UH! lhe mt'!:$h 15. qirn.. f"~iieIJ (:1litXjddf.~ ar\{J t::01/'€"lcd wittl $iKa T DP ~al 1'1)'7, (tan)' JU~NI'~;,ru f'fi,)1 cQvt'-ma appl~1 aCkti1ional S(t;aTopSeaI101 OVL~ topol mC'5hIQC'O'\.Ief. l-r'O'i\'c-1 W () :;moolh unilform fil1tsh. Allow (wing W IIMt ~l.frhu:c can Utk.c nolJC trilff'iC withQ4.1( hlHnlrtg: tllO Co;~lW'9' for I. dee-uUltive:. pm~nct""'ufinft;h. SlkaColOf Baleon)' ",ystmn is ttl-4m apptit~(t CURING A~ WiU1.,1l t:~I'nof}tl[ b~~ed Pf()dUCllO, .(;ur1f19 ~5 tlllpOf~ talit. f>1ot(l<:1 t~1MY .a,~)liLI(j fjfO(JUCt :tg311\St 1,1iu!tl t-unfoght ""Ind. rain and bOS1 UMITATIONS 1f min 'is. o'lruidpalCd wilNo 1 -l days altor applied w ;i(>>\ lho surfi.u':l) :should DO protoc'tc-d in Older to : CAUTION Cc>>ilpan*nl '1\.' '" lrrjtan1 .. Mtl)l cnuso 'Sxln1c-ye1 r(l~?lfi.ltQr)' IUltaliOll.A...oKJUft)ilthing'l'apon.. Vw wilh :1dt,'<1~~al-\) vunhr.1cio-n,A\.Ookl ~Tt;j(l a11d eye-cotl- tact Sollr~)' 9Uf)g!CK l'lirldrvt>tJ,-,"f gloYcs are rccom- nlOOded. Com""""", '8' .flitanI:smpeclcarclnogen .CQ". I~ J>>n!:iirl(i (;~}fTl(,>ffI and sand (f..ilyslalhoo SolliCit). S~jni1lodcyeirriUml. Av.!.iidC\)nt;I,1(:t t>uS'! rmlyc41J~ ft."':'1piratory 'fact irrj..~iotl A'l/O?-d breathing: (kI:~t. Mf1)' Cl!lU$tHlc:I3ycd tung ifl$u(Y (S!'lC05i~lIARCIt-Ms.cr)'s'~ mtilnn 'Si!i<ii as Nwlllg'5Urri:Cff~rH .cM(tiJ}rtGQ or c.ar'c:inOM gCfweA)' ~n f.nbotato(yanfmal'!i and ~rtcd fhlidf.~nt,;(J- at c.afCin(l~;tlrr.-<:,il)' in hum.u,So. N TP 01150 fistS O)'$talht1e $liIC~la5... stl$;>c>c1 CllfClf)()(J't1'f'L U?,1 Of~tJrulY909gJC5 olH'I(1 chcrnk;ill fC~5tanr g~s. fS teCommenl1eo. It fJ[L~ (1/(:: (~~U;(!c.fCI;:, ;)11 aPiJl'opIillto, NIOS~lfMSHA approved -rD5JHl'wiQll' 1$ -foq'.J~rl1d. RC(Pl.rvu conl;alllt- rJ.itlOO Cloth~lg. FIRST AlD 10 car~c or S'il:ift Contact, ",f~'lShlhCJ(OLl9hly w~h 'SOap and wallJf, fOl e:ye-,c~a(J, ,~ imr'n~I('oIy wich pikl'f\1y of wilt-cr fet 15 t1'lIDulCS. unci contact '-'l ~i.. (;:ian, fQr ft~~,;.pir3tory ptOblCms. femo~ p(!{'!;on 10 1'(ft!!O<h alt. Cl.EANUP Ir. (;~'S(! of 51:wl1j)gc. scoop or vacuum jnto approprii.... me c,omJllltl{!t'-, 8M dl$opo:'j{) of in ;a<<ord.ance wilt\ currefi). apphca~~ lQC.{\l, Stl'*! 3M lodcrad rogula-- tions- Koop cornainenigl1U)' cklsedMd m 6rttjptighl. ptr~fhOl'J lOpt'fJ\lun! ~p~.nlJgc ....nd i.P..akagc- Mixed compone:N:S: l1n<:_um-<J f'M,if~f~! enn 00 m... OlO\'t:d "-;4n wuler CLued nl<lterial ca1'i Ml:f 00 fe ~ m,)vr.jj tn(~(:honif::~lll)' Pi'oouu t..odf!o 107 9-,lJ ,nhd Srk"r-op tu" r~klCfRd tt~~.. m:.,rlo:~ M.1ooi-,; uSA Prmtoo"",USA roo, :2002. KEEP CONTAINER TIGHTLY CLOSED KEEP OUT OF REACH OF CHILDREN NOT FOR INTERNAL CONSUMPTION FOR INDUSTRIAL USE ONLY CONSULT MATERIAL SAFETY DATA SHEET FOR MORE INFORMATION Siltawarrants its producls to be free from manuf.cluring defects .nd to meet Sika's current published properties when applied in accordance wilh Silca directions and tested in ac(:ord.nce with ASTM and Sika Standards. User determines suitability of producl for use and assumes all risks, Buyer's sole remedy shall be limited to the purchase price or "pl.c~t of produm and eXCludes labor or the COSI of labor. Any claim for breach or this warra..ly must be brought within on.,y.ar of1he date of purchase. NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTIBllITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. SIK.A SHAll NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, RESULTING fROM ANY CLAIM OF BREACH OF WARRANTY. BREACH OF CONTRACT, NEGLIGENCE OR ANY LEGAL THEORY. SIKA ASSUMES NO LIABILITY FOR USE OF THIS PRODUCT IN A MANNER TO INFRINGE ON ANOTHER'S PATENT. Visit our website at www.sikausa.com 1-800.s33-6IKA NA TlONWIDE Reglonallnforma,ion anti Sales Centers For tile local/on or your nearest Silca sales office, contact your regional center. Sika Corporation Sika Canada Inc, Sika Mexicana S.A. de C. V. 201 PoIII" Avenue 601 Delmar Avenue CarrelOf;! Ubro Cel<'Ya Km, 8,5 Lyndhurst NJ 0707JPomte Claire CO/regldora, Queretaro Phone; 800-933,7452 Quebec H9R <lA9 c.p, 76920A.P. 136 Fax: 201-9336225 P/1ono:51Uj97-2610 Phcme:5242250122 Fax; 514 -694-2792 Fax: 52 42 25 0537 Quaiit)' Corttflc.UDr!Numb.-s: L)lndlMJr1lZ .34f2a, "'rIon~ 9-3.01$8. I(ffft...,. C:lty~ ,",,zU8. S.... r. Spr~: H-1UC 07000 - Thermal & Moisture Protection City of Miami Beach 07132 -1 SECTION 07132 - ELASTOMERIC SHEET WATERPROOFING 1.1 DESCRIPTION OF WORK: A. This specification covers the furnishing and installation of materials for elastomeric sheet waterproofing. Products shall be as follows or as directed by the Owner. Installation procedures shall be in accordance with the product manufacturer's recommendations. Demolition and removal of materials shall be as required to support the work. 1.2 GENERAL A. Submittals 1. Product Data: Include manufacturer's written instructions for evaluating, preparing, and treating substrate, technical data, and tested physical and performance properties of waterproofing. 2. Shop Drawings: Show locations and extent of waterproofing. Include details for substrate joints and cracks, sheet flashings, penetrations, inside and outside corners, tie-ins with adjoining waterproofing, and other termination conditions. 3. Product test reports. B. Quality Assurance 1. Installer Qualifications: A qualified installer, approved by manufacturer to install manufacturer's products; and who is eligible to receive waterproofing warranty specified. 2. Preinstallation Conference: Conduct conference at Project site. C. Project Conditions/Environmental Conditions: Apply waterproofing within range of ambient and substrate temperatures recommended by waterproofing manufacturer. Do not apply waterproofing to a damp or wet substrate. Page ] D. Warranty: Manufacturer's standard form in which manufacturer agrees to replace waterproofing material that does not comply with requirements or that does not remain watertight for a period of 10 years after date of Substantial Completion. 1.3 PRODUCTS A. Sheet Waterproofing 1. Butyl Rubber Sheet: ASTM D 6134, Type II, 60-mil- (1.5 mm-) thick flexible sheet, unreinforced, formed from isobutylene-isoprene rubber. 2. EPDM Rubber Sheet: ASTM D 6134, Type I, 60-mil- (1.5- mm-) thick flexible sheet, unreinforced, formed from EPDM. B. Auxiliary Materials 1. Concealed Sheet Flashing: Same material, construction, and thickness as sheet waterproofing or 60-mil- (1 ,5-mm-) thick, uncured EPDM as required by manufacturer. 2. Exposed Sheet Flashing: 60-mil- (1.5-mm-) thick EPDM, cured or uncured, as required by manufacturer. 3. Bonding Adhesives: Adhesive br bonding polymeric sheets and sheet flashings to substrates and projections. 4. Splicing Cement and Cleaner: Single-component butyl splicing cement and solvent-based splice cleaner. a. Butyl Gum Tape: 30-mil- (O.76-mm-) thick-by-6-1/4- inch- (160-mm-) wide, uncured butyl with polyethylene release film. 5. Lap Sealant: Single-component sealant. 6. In-Seam Sealant: Single-component sealant. 7. Water Cutoff Mastic: Butyl mastic sealant. 8. Waterproofing and Sheet Flashing Accessories: Provide sealants, pourable sealers, cone and vent flashings, inside and outside corner flashings, termination reg lets, and other accessories recommended by waterproofing manufacturer for intended use. Page 2 9. Metal Termination Bars: rvBnufacturer's standard aluminum bars, approximately 1 inch (25 mm) wide, prepunched, with zinc-alloy-body fasteners and stainless-steel pins. 10. Protection Course: Semirigid sheets of fiberglass or mineral reinforced-asphaltic core, pressure laminated between 2 asphalt-saturated fibrous liners and nominal thickness 1/8 inch (3 mm), unless directed otherwise to be 1/4 inch (6 mm). 11. Protection Course: Fan folded, with a core of extruded polystyrene board insulation and faced both sides with plastic film, nominal thickness 1/4 inch (6 mm), with compressive strength of 15 psi (103 kPa) per ASTM D 1621 and maximum water absorption by volume of 0.4 percent per ASTM C 272. 12. Protection Course: Extruded-polystyrene board insulation, unfaced, ASTM C 578 Type X, Y2 inch (6 mm) thick. 13. Protection Course: Molded-polystyrene board insulation, ASTM C 578, Type I, 0.90-lb/cu. ft. (15- kg/cu. m) minimum density, 1-inch (25-mm) minimum thickness. C. Molded-Sheet Drainage Panels 1. Molded-Sheet Drainage Panel: Comply with Division 2 Section "Subdrainage." 2. Nonwove~Geotextile-Faced, Molded-Sheet Drainage Panel: Manufactured composite subsurface drainage panels consisting of a nonwoven, needle-punched geotextile facing with an apparent opening size not exceeding No. 70 (0.21- mm) sieve laminated to 1 side and a polymeric film bonded to the other side of a 3-dimensional, nonbiodeg radable, molded-plasticsheet drainage core, with a vertical flow rate of 9 gpm per ft. (112 Llmin. per m). 3. Wove~Geotextile-Faced, Molded-Sheet Drainage Panel: Manufactured composite subsurface drainage panels consisting of a woven-geotextile facing with an apparent opening size not exceeding No. 40 (0.43-mm) sieve laminated to 1 side of a 3-dimensional, nonbiodeg radable, molded-plastic-sheet drainage core, with a horizontal flow rate not less than 2.8 gpm per ft. (35 Llmin. per m). Page 3 1.4 EXECUTION A. Surface Preparation 1. Clean, prepare, and treat substrate according to manufacturer's written instructions. Provide clean, dust-free, and dry substrate for waterproofing application. 2. Remove fins, ridges, mortar, and other projections and fill honeycomb, aggregate pockets, holes, and other voids. 3. Prepare, fill, prime, and treat joints and cracks in substrate. Remo\e dust and dirt from joints and cracks according to ASTM D 4258. 4. Prepare, treat, and seal vertical and horizontal surfaces at - terminations and penetrations through waterproofing and at drains and protrusions. B. Fully Adhered Sheet Installation 1. Install fully adhered sheets over entire area to waterproofing according to manufacturer's instructions and recommendations in ASTM D 5843. receive written 2, Repair tears, voids, and lapped seams in waterproofing not complying with requirements. Slit and flatten fishmouths and blisters. Patch with sheet waterproofing extending beyond repaired areas in all directions. 3. Horizontal Application: Apply sheets with side laps shingled with slope of deck where possible. a. Spread sealant or mastic bed over deck drain flange at deck drains and securely seal sheet waterproofing in place with clamping ring. C. Compartmented, Loosely Laid Sheet Installation 1. Install compartmented, loosely laid sheets over entire area to receive waterproofing according to manufacturer's written instructions. Page 4 2. Apply continuous beads of water cutoff mastic, of size recommended by waterproofing manufacturer, to substrates in a 60-by-60-inch (1500-by-1500-mm) grid p3ttern before installing sheet. 3. Spread sealant or mastic bed over deck drain flange at deck drains and securely seal sheet waterproofing in place with clamping ring. 4. Repair tears, voids, and lapped seams in waterproofing not complying with requirements. Slit and flatten fishmouths and blisters. Patch Wth sheet waterproofing extending beyond repaired areas in all directions. D. Seam Installation 1. Cement Splice: Clean splice areas, apply splicing cement and in-seam sealant, and firmly roll side and end laps of overlapping sheets according to manufacturer's written instructions to produce a splice not less than 6 inches (150 mm) wide and to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of sheet terminations. 2. Cement and Tape Splice: Clean splice areas, apply splicing cement and butyl gum tape, and firmly roll side and end laps of overlapping sheets according to manufacturer's written instructions to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of sheet terminations. E. Sheet Flashing Installation 1. Install sheet flashings and preformed flashing accessories and adhere to substrates according to waterproofing manufacturer's written instructions. 2, Form wall flashings using exposed sheet flashing, 3. Extend deck sheet waterproofing to form wall flashings. a. Flash penetrations and field-formed inside and outside corners with uncured sheet flashing. b, Clean splice areas, apply splicing cement, and firmly roll side and end laps of overlapping sheets to ensure a watertight installation. Apply lap sealant and seal exposed edges of sheet flashing terminations. Page 5 4. Terminate and seal top of sheet flashings with mechanically anchored termination bars. F. Protection Course Installation: Install protection course over waterproofing membrane according to manufacturer's written instructions and before beginning subsequent construction operations. Minimize exposure of membrane. G. Molded-Sheet Drainage Panel Installation: Place and secure molded-sheet drainage panels according to manufacturer's written instructions. Use adhesives or mechanical fasteners that do not penetrate waterproofing. Lap edges and ends of geotextile to maintain continuity. Protect installed moldedsheet drainage panels during subsequent construction, H. Protection 1. Do not permit foot or vehicular traffic on unprotected membrane. 2. Protect waterproofing from damage and wear during remainder of construction period. END OF SECTION 07132 Page 6 03000. BID PROPOSAL FORM (Proposal Paae 1 of 3) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE Our bid includes the total cost for the work specified in this bid which consists of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required to provide concrete restoration and repairs to the 17th Street Parking Garage. Our bid is broken down within three types of repairs. NOTE: The City of Miami Beach reserves the right to award this Contract based on bids received that are deemed to be in the City's best interest. Award may be made to the lowest and best bidder's TOTAL BID for Items 1 and 2, or should additional funds be made available, award may be made to the lowest and best GRAND TOTAL BID for Items 1 .3. 1. Cracks in beams: Repairs to small cracks generally in the mid-span of the joists at all levels of the garage. All of these cracks need to be repaired as per the manufacturer recommendations (Sika or equal). EST. QTY: UNIT PRICE TOTAL 6,000 linear feet x $5.00 L.F = $3 0 . 00 0 . 00 Written Amount Thirty thousand dollars 00/00 2. Spalling repairs: Repairs are needed throughout the parking facility. Spalls and poorly repaired concrete areas require properly repaired sections of concrete. A proper repair requires removal of existing concrete, cleaning of corroded reinforcing steel, and replacement with a Polymer modified cementitious patching material selected to be compatible with the surrounding concrete and with its intended use or exposure. · Columnsl tie beams 30cubic feet x · Floor slabs 150 square feet x $275. O~.F = $60.00S.F = $'8,250.00 $ 9.000.00 = TOTAL: $17,250.00 Seventeen thousand two-hundred and fifty 00/00 Written Amount BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH I Addendum 4 "Revised" Bid Form 10/07/03 (Proposal Paae 2 of 3) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE TOTAL BID: (total for Items 1 and 2 above) $ 47,250.00 Forty seven thousand two-hundred and fifty dollars 00/00 Written Amount ADD ALTERNATE: 3. Waterproofing: . Elastomeric Deck System Vulkem 350/345/346 by Tremco or "equa'" product with a minimum 5 year warranty. EST. QTY: UNIT PRICE TOTAL 159,258 square feet x $1 . 72 S.F. = $273,923.76 Two hundred and seventy three thousand nine hundred and twenty three 76/00 Written Amount GRAND TOTAL BID: (total for Items 1-3) $321,173.76 Three hundred and twenty one thousand and one hundred and seventy three 76/00 Written Amount Note: In the event additional work (quantities that exceed the estimated quantities listed for Items 1-3 above) is needed, price for additional work will be neQotiated bv the City Manaaer. or desianee at the time the additional work is warranted. Consequently, the substantial and final completion days will be negotiated by the City Manager or designated representative with the same accessed liquidated damages as described on Page 42, Section 2.3 of the Bid documents. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 2 Addendum 4 "Revised" Bid Form 10/07/03 (Proposal Paae 3 of 3) BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE FIRM'S NAME (Print or Type): Florida Lemark, Corp. SIGNATURE: C' . ~ TITLE/PRINTED NAME: Vice President ADDRESS: 8181 NW 36th street. Suite 31.Miami. Fla. 33166 PHONE NO. 305-593-1442 FAX NO. 305-593-0998 BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 3 Addendum 4 "Revised" Bid Form 10/07/03 04000. ACKNOWLEDGEMENT OF ADDENDA BID NO. 67-02103 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE Directions: Complete Part lor Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No.1, Dated Sept. 7. 2003 Addendum No.2, Dated Sept. 28, 2003 Addendum No.3, Dated October 5. 2003 Addendum No.4, Dated October 13. 2003 AddendumNo.5,Dated Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Date Name of Staff Date Bidders- Name Signature BID NO: 67..(12/03 DATE: 08/26/03 CITY OF MIAMI BEACH 112 05000. CUSTOMER REFERENCE LISTING BID NO. 67-02/03 CONCRETE RESTORATION AND REPAIRS TO THE CITY OF MIAMI BEACH 17TH STREET PARKING GARAGE CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of 3 firms or government organizations for which the Contractor has provided services encompassing past work that meets the Minimum Requirements which states: Minimum Requirements: Prospective Bidders must have five (5) years minimum experience as a licensed General Contractor, and must have completed at least three (3) projects within the last five (5) years associated with Sikatop 123 and Sikatop 122 or equal products for spalling repairs and Sikadur 51 NS/SL or equal for epoxy installations and be certified for the installations of the product by the manufacturer. Contractor must provide reference of at least 3 separate projects where the installation of such products has been successfully installed with a total project value of $1 00,000,00 or greater. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 113 A FLORIDA LE/JIARK =- CORPORA TION C[f\JEn;\,L CO~JTR,.'\GTORS. CGC057H?O Project: Client: Contact: Tel: Work Performed: Project: Client: Contact: Tel: Work Performed: Project: Client: Contact: Tel: Work Performed: REFERENCES Burdines- Dadeland Mall Parking Garage Overholt Construction Corp, Craig Overholt 305-284-9677 Concrete Repairs MIA Guideway Maintenance Repairs C, L Elias Construction Co, Christy Elias (305) 662-3837 Concrete Repairs Decoplage Condominiums Brill Rodriguez Salas & Associates, Inc. Luis Rodriguez 305-273-4204 Concrete Repairs 8181 N. W. 36 STREET. SUITE 31. MIAMI, FL 33166. TEL: 305-593-1442 . FAX: 305-593-0998. www.floridalemark.com Please furnish the following information pertinent to past projects completed that will provide a reference in meeting the Minimum Requirement for this project. 1. Pr~ectName_____________________________________________________ Project location____________________________________________________ Brief description of work performed____________________________________ Contact Name:________________________ Address: ________________________ Phone:_______________________________ Fax No._____________________________ Owner or Agency__________________________________________ ________ Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 114 2. Pr~ectName_____________________________________________________ Project location____________________________________________________ Brief description of work performed____________________________________ ---------------------------------------------------------------- Contact Name:______________________ Address: ________________________ Phone:_______________________________ Fax No, _____________________________ Owner or Agency________________________________________________ __ Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. ------------------------------------------------------------------ BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 115 3. Pr~eclName_____________________________________________________ Project location____________________________________________________ Brief description of work performed____________________________________ Contact Name:________________________ Address: ________________________ Phone:_______________________________ Fax No. Owner or Agency__________________________________________ ________ Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 116 4. Pr~ectName_____________________________________________________ Project location__________________________________________________ Brief description of work performed___________________________________ Contact Name:_______________________ Address: _______________________ Phone:______________________________ Fax No. ___________________________ Owner or Agency_________________________________________ ________ Architect or Landscape Architect, or Engineering Consultant: General Contractor (if work performed as a Sub Contractor) Name of General Contractors' project manager and field superintendent Awarded contract amount and final contract amount Explanation of differences between award and final contract amounts, if difference exceeds 10% Original scheduled project completion date, actual final completion date. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 117 06000. ORDINANCES DIVISION 3. LOBBYISTS Sec. 2-481. Definitions. The following words, terms and phrases, when used in this division, stall 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 department heads, the City attorney, chief deputy City attorney and all assistant City attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any City board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the City that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, 99 1,2,3-4-92; Ord. No. 92-2785, 99 1,2,6-17-92) Cross reference(s)-Definitions generally, 9 1-2. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 118 Sec. 2-482. Registration. (a) All lobbyists shall, before engaging in any lobbying activities, register with the City clerk. Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional City commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, ortrus t. (d) Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to Bid, or public hearing number. The City clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a bbbyist for a particular client shall file an appropriate notice of withdrawal. (f) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall be required prior to October 1 of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current City commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (h) The registration fees required by subsections (a) and (f) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the City manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACHf119 or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ~ 3,3-4-92; Ord. No. 92-2785, ~ 3,6-17-92) Sec. 2-483. Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the City who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall, however, sign up on forms aval1able at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ~ ~ ~ 4, 5, 3-4-92; Ord. No. 92-2785, ~ ~ 4,5,6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6,6-17-92) Sec. 2-485. List of expenditures. (a) (b) (c) On October 1 of EBch year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ?11.0045. 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 CITY OF MIAMI BEACH 120 BID NO: 67-02/03 DA TE: 08/26/03 may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division. The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord, No. 92-2777, ~ 6,3-4-92; Ord. No. 92-2785, ~ 7,6-17-92) BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 121 Cone of Silence ORDINANCE NO. 2002-3378 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VI" THEREOF, ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION 4, ENTITLED "PROCUREMENT", BY AMENDING SECTION 2-486, ENTITLED "CONE OF SILENCE"; SAID AMENDMENT, IN PART, EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS ON ALL REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), AND INVITATION FOR BIDS (BIDS), BETWEEN THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF AND ANY POTENTIAL VENDOR, SERVICE PROVIDER, BIDDER, LOBBYIST, OR CONSULTANT; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; PROVIDING FURTHER FOR REPEALER, SEVERABIUTY, AND AN EFFECTIVE DATE. WHEREAS, on January 29, 2002, the Mlaml-Dade County Commission approved Ordinance No. 02-3, amending Section 2-11.1(t) of the Miami-Dade County Code, the County's Cone of Silence Ordinance, with an effective date of February 8, 2002; and WHEREAS, Miami-Dade County's approved amendments extended the prohibition on oral communications regarding a particular RFP. RFa, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder,lobbyist or consultant, and the Mayor, County Commissioners and their respective staffs; and WHEREAS, Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications regarding a particular RFP, RFQ, or bid for the solicitation of goods and services between any person and the procorement director or hislher designated staff responsible for administering the procurement process for such RFP, RFQ or bid, and between a member of the respective selection committee, provided the communication be limited strictly to matters of process or procedure already contained In the corresponding solicitation document; and . WHEREAS, Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications between the County Manager and the chairperson of a selection committee about a particular selection committee recommendation, only after the committee has submitted a recommendation to the Manager and provided that, should any change occur in the committee recommendation, the content of the communication and of the corresponding change shall be described in writing and flied by the Manager with the Clerk of the County and be included in any recommendation memorandum submitted by the Manager to the County Commission; WHEREAS. Miami-Dade County's approved amendments added additional exemptions to the prohibition on oral communications pertaining to emergency procurements. WHEREAS, seid Miami-Dade County amendments are applicable to the Mayor and City Commissioners of the City of Miami Beach, the City Manager, and their respective staffs; and in orderto extend said amendments and their applicability to potential vendors, BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 122 service providers, bidders, lobbyists, and consult8nts doing business in the City of Miami Beach, the Administration and the City Attomey's Office herein recommends that the Mayor and City Commission amend the City's Cone of Silence Ordinance accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426, of Division 4 of Article VII of Chapter 2 of the Miami Beach City Code is hereby amended to read as follows: ArtIele VII. Standards of Conduct DMSION 4. PROCUREMENT Sec. 2-488. Cone of silence. (a) Contracts for the provision of goods, services, and construction projects. ~ thaR swelt ooAtraste. (1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (8) any communication regarding 8 particular request for proposal ("RFP'), request for qualifications ("RFQ"), FeE/wast fer labAl sf IRteFest ("RFU"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's administrative staff including, but not limited to, the city manager and his or her staff; (b) any communication regarding a particular RFP, RFQ, JiUObI.r or bid between the mayor, city commissioners, or their respective staffs, and any member of the clty's administrative staff including, but not limited to, the city manager and his or her staff; (c) any communication regarding a particular RFP, RFO, JiUObI.r or bid between a potential vendor, servlca provider, bidder, lobbyist, or consultant and any member of a city evaluation and/or selection committee therefor; efMJ (d) any communication regarding a particular RFP, RFO, ~ or bid between the mayor, city commlssioners...or their respective staffs....and SAy i..member of a city evaluation and/or selection committee therefor: (e) anv communication reaardina a Darticular RFP. RFO. or bid between the maYOr. city commissioners. or thelrresoective staffs and a DOtential vendor. service Drovider. bldder.lobbvist. or consultant. NsW:itI:ls&aAElIRg the feFegeiR9, tha saRe af ailsAse 61:1all Aat apply te oompatitive prE/sasses fer ~a aV.'8FG sf CDBG, ,",OMi!, S,",IP aAEI SwftaK FWAlis aefllliAisteFeli liJy the s!ty effiee sf lleflllmllAIty El8\l8IapfllleAt, aAEI lleflllflllllAisatieAs .)JitI:l the s~. atteflll&y aAEI Ais er Rer staff. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 123 (2) Procedure. a. A The cone of silence shall be Imposed upon each RFP, RFQ, RRd; aM or bid after the advertisement of said RFP, RFO, RRdr or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall Include in any public solicitation for goods and services a statement disclosing the requirements of this dMslon. b. The cone of silence shall terminate~ ~t the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFO, ~ or bid to the city commission, and said RFP, RFO, RRJ; or bid is awarded; provided, however, that following the Mmanager making his or her written recommendation, the cone of silence shall be lifted as relates to communications between the M-mayor and ~embers of the C-commisslon and the ~ity Minanager;provlding further if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall continue until such time as the manager makes a subsequent written recommendation, and the particular RFP. RFO, ~ or bid is awarded~ ~ IlUJn the event of contracts for less than $25,000& when the city manager executes the contract. (3) Exceptions. The previsiaAs sf this s~IAaAee cone of slleflce shall not apply to: (a) comoetitlve orocesses for the award of COBG. HOME. SHIP and Su~ Funds administered by the citY office of community develoQment: anl;! (b) communications with the citv attomev and his or her staff. ~ ~oral communications at pre-bid conferences; ~ !!!laral presentations before evaluation and/or selection committees; f:iH!lcontract discussions during any duly noticed public meeting; ~.w pUblic presentations made to the city commissioners during any duly noticed public meeting; ~ !g} contract negotiations with city staff following the award of an RFP, RFO, RR.I; or bid by the city commission; ~ !!1l communications in writing at any time with any city employee. official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RR..It or bid documents; eF BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 124 (9Hi1 city commission meeting agenda review meetings between the city manager and the mayor and individual city commissioners where such matters are scheduled for consideration at the next ~mmisslon meeting. ~j) communications reaardlna a oarticular RFP. RFQ or bid between the procurement director. or hislher administrative staff resoonsible for adminlsterina the procurement process for such RFP. RFO or bid and a member of the evaluation/selection committee therefor. Drovided the communication is limited strictly to matters of orocess or procedure already contained In the corresoondina solicitation document: 00 dulv noticed site visits to determine the comoetenev of bidders reaardina a oarticular bid durina the time Deriod between the ooenino of bids and the time the citv manaaer makes his or her written recommendation: ill anv emeraencv procurement of aoods or selVices: em) communications reaardino a particular RFP. RFO. or bid between any person. and the procurement director. or hlslher administrative staff responsible for administerina the procurement process for such RFP. RFO. or bid. provided the communication is limited strictlv to matters of orocess or Drocedure alreadv contained In the corresoondina solicitation document. !!!l. The bidder, proposer, vendor, SGlVlce provider, lobbyist. or consultant shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (8) .~Mdil eeRtFa6hl. (1) "CeRs sf 8ileRss" Ie I'lsNby detlFl8d te m8aR 8 flNhi8lti9R 9R: (8) 8AY oomfflYRIGatieRs NgaFdiRg a paRi6Ylar RFP, RFQ, RFll, ar bid BSWJeeFl a poteRtial veA9ar, 6sF\lise pf9>/kleF, lliddsF, labbyis., ar GaR6wltaAt aAG the mayer, sit>t'sammissleFleRl ar their NspeGtWe ata., aRd aAY mambar af the sitt8 sdmiRistratl>.'e &taJf IFl61YGiRlJ, bwt F1et Iifflited te tI:Ie 6ity fA8Rager SAd hie ar her staff, aAEI (B) SAY aral GammwRisatiaR RlgareiRg a paltisular RFP. RFQ, RFlI, ar Bid BetweeA tAe maye" s~' Elafflmis8iaReRl artl:leir Rlspestive staffs aRG aAY memBer 9f tha eity'. asmlRistrative staff IRslwsiRS. llwt Aet limited te, tI:Ie eity maRailer BREI hie ar her st.aIJi aAs (6~ aAY 6afflmwFlieatieR regsrEliAg s paFti9\llar RFP, ReQ, RFlI, ar bis 1lel\'J8eR a peteRtial '.'eRser, aeMse pN'.'lder. bisdel) lebbyiet, ar OOfl8WlklRt eREI eAY member 9f a sKy evalYatiaA aRdlar seleGtleA oommiftee; aREI (EI) aRY semmwRisetieR regaFdiRg a paFtiQYlar RFP, RFQ or bid betl.'1eeR tI:Ie Maya!'. City Cammi6SieReRl ar t~eir NspeGtl'J6 staffa aAG SflY fflember 9f e sKy a\'aiygtiaA eAsier selsstlaA semmiltee. ~lawJithBtaRdlRg tI:Ie feRlgaiRlI, tha 66Re 9f sileFlGs &I:\all Ret apply te 66mm"RiGatiaA8 v~ ttls sit)' attemsy aREI "'is at "'ar skiff. (2) e:XGeptae pNvided iR eWBseetiaRs (B)(3) SAd (b){<t) "'aRlef, a seRa 9f81IeR66 8hall Be lmpesed ..paR eash RFP, RFQ, RFLI, ar Ills fer awElit 8eFViElS8 after the ad\'8RisemeAt sf Gals RFP, RFQ, RFbl, ar Bid. At the time sf Ule 1m pes illeR Elf the seRe 9f eileFlEle, ~a Elily maAagar ar Aia ar her daeigRae BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 125 stlall pF9'.'lde fer the plIblis Retiae sf the 99Ae sf sileRGe. The 99ne af eilaRGe shall teFA'lIAate a) at ttle time the aity maRsger makes !:lie ar !:Ier 'JJf'i&teA reGElmmeRdatlaR a6 Ie selesti9n af a paFtlGlIlar RFP, RFQ, ~LI, sr sKI Ie fue ailiy oommlssi9A, sAd said RFP, RFQ, RFLI, ar bid is a'fc.'QRIed; pF9videEl, hewever, that fsllswiR{J the MaRager maklRgtlls er tier ',vAtteR reGElmmeR"atleR, the saRe af 611eR99 sAall 9a IifteEl as relates 19 99mmYRieatlens bBtit:geA the Mayer aREI MemBeF6 sf the CeFRFRissieR aREI ttle Clly MaAageFi Pl'e'AGIRg ""rUler If t!:le sKy El9mFRIs81eR releF6 the manager's reOOmFReAElati9Fl baak to the ally maRager ar staff fer NIttter re'Ji8\'i, the GElRe af sileAse sttall 99RtiR1I8 IIAIII SIISA time 88t!:la maAagar makes a 61.1 B8aq\;lSAt ':JfitteR Fe99mmsAElatien, aAd the paFtl6Ylar RFP, RfO, RFlI, er bid 18 a'.vaRle" er B) iA th9 9':9RI sf G9AtfaGtS fer leS8 than $25,OOQ \&Jt:leR the ail}' maAager 8*eGlIte6 the 99AtraSl. (3) ~IEMhiAg 118AtaiAed ttereiR sttall prettlllit aAY blGder, flF9Jls6e~ WAG,", seFVIse previder, Iobbyi8t, ar 118n8l.1ltaAt (I) #rem making pwblls pre6entetiane at dwly R9tised pre biEl 118AfereFlGe6 sr befere dilly AetiGed 8'.'Qlwatien oommittes meetings; ~i) ffeA'l eRgaging IR 99RtfaGt Eli8sll8slaR8 dUriRg aAY E1l1ly Reti_ pwbUe FReetiRS; (Iii) ffem eRgaging ill 99AtFaGt negetiatlsns with 6iIy staff fellewiRS the Q\'JaRl af sn RFP, RFQ, RFlI, er bid fer awEllt by the sKy GamR'llesieA; ar (Iv) fl'9m 99FRFR\;InisatiFlg iA 'Nfiting witt:! SAY sit)" emplayee 9r affielal fer pYfJlase6 sf seeking 61aFifleatlen 9r iMiditianallAfeFA'latieA hFR the 6iIy ar respsREling te the eity's reqye8t fer 61erifieatisA sr additisFlal InfaFR'latiaA, 81111jest te the pre\.ieisA8 sf the applissble RFP, RFQ, RFll. ar laiEl Ga9UFReAt8, The DlElder er pF9pe8er ats. sAall f~e a eapy sf any WfiIIeA seR'1R'1wAleatieA .....ith the 61ty eleFk. Ttte eity eleFk shall make espies available Ie tAe general pllblls Wp9A req\;lest. (i) NEMhIAg 6eA~iFl9d tteNIA 81:1811 pF9l:1lbit aAy leblaylst, IakldeILprepes8F; veAdeF, seF\'ise pre'IiElef, GSRsyllaAt, or ether peF6en er eRtity hm pllWisly 8E1dNssiRi the sity eemmissl9A8F6 dwFing aAY d\;lly Aetisell pIIDlis FReetiFlg regaR1liAg astian eA aAY ayEllt seRUaGl. T~e ~. maAager 6Aall IASlyEfe iA any pllblls selklitatieA far awaiting EeFYiGes a statement dis6lssiAg the reqllireFReAte sf tAls divisieA. (e}{b} Violations/penalties and procedures. A violation of this section by a particular bidder, proposer, vendor, service provider, lobbyist, or consultant shall subject said bidder, Elf proposer, vendor, service provider, lobbyist, or consultant to the same procedures set forth In Division 5, entitted :Debarment of Contractors: from City Work: shall render any RFP award, RFQ award, RFLI awaR1l, or bid award to said bidder, proposer, vendor, service provider, bidder, lobbyist, or consultant voidable: and said bidder, proposer, vendor, service provider. lobbyist, or consultant shall not be considered for any RFP, RFQ, RFlJ or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation and/or selection committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to diSCiplinary action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the city attorney's office or state attomey's office... and/or may file a complaint with the county ethics commission. (Oed. No. 99-3164, f 1,1-6-99; Ord. No. 2001-3295, 51.3-14-(1) BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 126 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.. SECTION 4. SEVERABILITY. If any section, subsection, sentence. clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. SEcnON 5. EFFECTIVE DATE. This Ordinance shall take effect on the 10th is 10 days after adoption. dayof Augu8t , 2002, which PASSED and ADOPTED this 31st .2002. ATTEST: City Cler1l Letters or numbers that are stricken through are deletions from existing ordinance. Letters or numbers that are undertined are additlons to existing ordinance. F:\ATTO\OLIJ\RE5-0RO\CONEOFSILENCE.FNL.OOC APPROVED /IS 10 FORM & v.NGUAGE & FOR CU'T1ON .. f'::.2~ OcR BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 127 OFFICE OF THE CITY ATTORNEY MURRAY H. DUBBIN City Attorney ~ tlJ/fiomi ~ , LOR D A $ Telephone: Telecopy: (305) 673-7470 (305) 673-7OOZ COMMISSION MEMORANDUM DATE: JULY 31, lOOZ TO: FROM: MURRAY DUBBIN CITY AITORNEYNl, JORGE M. GONZALEZ CITY MANAGER SECOND READING PUBLIC HEARING SUBJECI': AMENDMENT TO ClTY'S "CONE OF SaENCE" ORDINANCE On January 29, 2002, the Miami-Dade CoWlty Commission approved an amendment to the County's "Cone oC Silence" Ordinance, with an effective date of February 8, 2002. The approved amendments to the County's Ordinance, which the City Manager and the City Attorney's Office herein recommend be incorporated as an amendment to the City's own "Cone of Silence" Ordi:lw1c:e, are as Collows: (I) Extending the prohibition on oral communications regarding a particular RFP, RFQ, and bid for the solicitation of goods and services to those between a potential vendor, service provider, bidder, lobbyist or consultant, and the Mayor, Commissioners, and their respective staffs; (2) Extending the prohibition on oral communications regarding a particular RFP, RFQ, or bid between any administrative staff member, and any member of an evaluation and/or selection committee therefor; (3) Notwithstanding the prohibition in subsection (2) above, providing an exemption allowing the Manager and the chairperson of the evaluation and/or selection committee to commWlicate upon a particular evaluation and/or selection committee Agenda Item ASC 1700 COQveDtioa CeDia' Drive - Foartll Floor - Miami Bead Date 7-.3/-()J.- BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 128 RESOLUTION NO. 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics (the "Model Code"); and WHEREAS. the City of Miami Beach is a member of the GMCC; and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community; and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code; and WHEREAS, the Commission believes that each entity which does business with the City of Miami Beach should be required. as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section I. Each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code'') and submit that Code to the City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental roles and regulations including, among others, the conflict of interest, lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. adoption. This resolution shall become effective immediately upon its BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 129 PASSED and ADOPTED this 12th day of April 2000 ATTEST: , . Vl YOR APPFiOVED AS TO FCRM I LANGUAC,': & FOR EXECUTIOh dttJ~Jtl r~?-c1J BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 130 GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMGC,,) seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics, The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at an business localions and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizalions' business codes of ethics. This Model Code is e stalement of principles to help guide decisions ""d actions based on respect lor the importance of e!hlca' business standa,ds in the community, .he GMCC believes !he adoption of a meaningful code of elhics is the responsibility of evel)'business and prolessional or9a",lolion, ComDJiance with Government Rules & ReQuJations We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & ComDensation of Vendors and SUDDliers We will evoid conflicts of interest and disclose such conflicts when identified; Gifts which compromise the integrity of a business lransaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback, . Business Accountin(l All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no 'off the books' transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; We will promote and advertise our business and ils products or services in a manner which is not misleading and does not falsely disparage our competitors; Ooinq Business with the Government BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 131 We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety, Efforts to curry political favoritism are unacceptable; Our bids will be competitive, appropriate to the bid documents and arrived at independently; Any challenges to contra~s awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; We will. to the best of our ability, perform govemment contracts awarded at the price and under the terms provided for in the contract We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed, We will abide by all contracting and subcontracting regulations, We will not, directly or Indirectly, offer to give a bribe or othelwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public! Lif. and Political Campaia"s BID NO: 67-02/03 DATE: 08/26/03 We encourage all employees to participate in community life, public service and the political process; We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure, All contributions made on behalf of the business must be reported to senior company management; . We will not contribute to the campaigns, of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance, We will not knowingly disseminate false campaign information or support those who do, Company Name Corporate Officer Date CITY OF MIAMI BEACH 132 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work. Section 2-397. Purpose of debarment. (a) The City shall solicit offers from, award contracts to, and consent to subcontractors with responsible contractors only: To effectuate this police, the debarment of contractors from City 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 irdividuals 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. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 133 (b) Civil judgment means a judgment or finding of a civil offense by any court of competent jurisdiction. (c) Contractor means any individual or other legal entity that: (1) Directly or indirectly (e.g. through an affiliate). submits offers for is awarded" or reasonably may be expected to submit offers or be awarded a City contract, including, but not limited to vendors, suppliers, providers, Bidders, Proposers, consultants, and/or design professionals, or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent" representative or subcontractor of another contractor. (d) Conviction means a judgement or conviction of a criminal offense. be it a felony or misdemeanor, by any court of competent jurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere. (e) Debarment means action taken by the Debarment Committee to exclude a contractor (and. in limited instances specified in this ordinance. a Bidder or Proposer from City contracting and City approved subcontracting for a. reasonable, specified period as provided in subsection U) below: a contractor so excluded is debarred. (f) Debarment Committee means a group of seven (7) individual members, each appointed by the Mayor and individual City Commissioners, to evaluate and. if warranted. to impose debarment, (g) Preponderance Greater weight of the evidence means 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. U) List of debarred contractors means a list compiled, maintained and distributed by the City?s Procurement Office. containing the names of contractors debarred under the procedures of this ordinance. Section 2-399. List of debarred contractors. (a) The City's Procurement Office. is the agency charged with the implementation of this ordinance shall: BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 134 (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 necessary, to all departments. to the Office of the City Manager and to the Mayor and City Commissioners: and (3) Included in the List shall be the name and telephone number of the City official responsible for its maintenance and distribution, (b) The List shall indicate: (1 ) (2) (3) (4) (5) (6) (7) (8) The names and addresses of all contractors debarred. in alphabetical order; The name of the department that recommends initiation of the debarment action; The cause for the debarment action, as is further described herein. or other statutory or regulatory authority; The effect of the debarment action; The termination date for each listing; The contractor's certificate of competence or license number, when applicable; The person through whom the contractor is qualified, when applicable; The name and telephone number of the point of contact in the department recommending the debarment action, (c) The City's Procurement Office shall: (1) In accordance with internal retention procedures maintain records relating to each debarment; (2) Establish procedures to provide for the effective use of the List, including internal distribution thereof to ensure that departments do not solicit offers from, award contracts to, or consent to subcontracts with contractors on the List; and (3) Respond to inquiries concerning listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400. Effect of debarment. (a) Debarred contractors are excluded from receiving contracts, and departments shall not solicit offers from award contracts to, or consent to subcontracts with these contractors unless the City Manager determines that an emergency exists justifying such action. and obtains approval from the Mayor and City Commission, which approval shall be given by 5/7ths vote of the City Commission at a regularly scheduled City Commission meeting. Debarred contractors are also excluded from conducting business with the City as agents, representatives, subcontractors or partners of other contractors. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 135 (d) Debarred contractors are excluded from acting as individual sureties. Section 2-401. Continuation of current contracts. (a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as Request for Proposals (RFP). Request for Qualifications (RFO). Requests for Letters of Interest (RFLI), or Bids issued be the City. shall incorporate this ordinance and specify that debarment may constitute grounds for termination of the contract as well as disqualification 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 may commence upon the conclusion of the contract. subject to approval of same be 517ths vote of the Mayor and City Commission at a regularly scheduled meeting. (c) City departments may not renew or otherwise extend the duration of current contract or consent to subcontracts with debarred contractors, unless the City Manager determines that an emergency exists justifying the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control and such action is approved by 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 continuing 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 other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 2-402(a) above, provided the subcontractor was debarred prior to Bid opening or opening of proposals, where the contract was awarded be the City pursuant to an RFP, RFO, RFU, or Bid. Section 2-403. Debarment. BID NO: 67..02103 CITY OF MIAMI BEACH DATE: 08/26/03 136 (a) The Debarment Committee may, in the public interest debar a contractor for any of the causes listed in this ordinance using the procedures outlined below. The existence of a cause for debarment however, does not necessarily require that the contractor be debarred; the seriousness of the contractor's acts or omissions and any mitigating factors should be considered in making any debarment decision. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 137 (b) Debarment constitutes debarment of all officers, directors, shareholders owning or controlling twenty-five (25) percent of the stock, partners, divisions or other organizational elements of the debarred contractor, unless the debarred decision is limited by its terms to specific divisions, 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. Future affiliates of the contractor are subject to the Debarment Committee's decision. (c) A contractor's debarment shall be effective throughout City Government Section 2-404. Causes for debarment. (a) The Debarment Committee shall debar a contractor for a conviction or civil judgment, (1) For commiSSion of a fraud or a criminal offense in connection with obtaining attempting to obtain, performing, or making a claim upon a public contract or subcontract or a contract or subcontract funded in whole or in part with public funds; (2) For violation of federal or State antitrust statutes relating to the submission of offers; (3) For commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (4) Which makes the City the prevailing party in a legal proceeding and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (b) The Committee may debar a contractor, (and, limited instances set forth hereinbelow a Bidder or Proposer) based upon a preponderance the greater weight of the evidence, for; (1) Violation of the terms of a City contract or subcontract or a contract or subcontract funded in whole or in part by City funds such as failure to perform in accordance with the terms of one (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 of a City ordinance or administrative order which lists debarment as a potential penalty; (3) Any other cause which affects the responsibility of a City contractor or subcontractor in performing City work. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 138 Section 2-405. Debarment procedures. (a) Requests for the debarment of contractors may be initiated by a City Department or by a citizen-at large and shall be made in writing to the Office of the City Manager. Upon receipt of a request for debarment, the City Manager shall transmit the request to the Mayor and City Commission at a regularly scheduled meeting. The Mayor and City Commission shall transmit the request to a person or persons who shall be charged by the City Commission with the duty of promptly investigating and preparing a written report(s) concerning the proposed debarment, including the cause and grounds for debarment as set forth in this ordinance. (b) Upon completion of the aforestated written report, the City Manager shall forward said report to the Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and, with the assistance of the City department person or persons which prepared the report present evidence and argument to the Debarment Committee (c) Notice of proposal to debar. Within ten working days of the Debarment Committee having received the request for debarment and written report, the City's Procurement Office, on behalf of the Debarment Committee shall issue a notice of proposed debarment advising the contractor and any specifically named affiliates, by certified mail. return receipt requested, or personal service containing the following 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 based; (3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented by an attorney, may present documentary evidence and verbal testimony, and may cross-examine evidence and testimony presented against it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) working days, prior to the scheduled hearing date, the contractor must furnish the City's Procurement Office a list of the defenses the contractor intends to present at the hearing. If the contractor fails to submit the list, in writing, at least seven (7) working days prior to the hearing or fails to seek an extension of ti me within which to do so, the contractor shall have waived the opportunity to be heard at the hearing. The Debarment Committee has the right to grant or deny an extension of time, and for good cause, may set aside the waiver to be heard at the hearing, am its decision may only be reviewed upon an abuse of discretion standard. BID NO: 67-02/03 DATE: 08/26/03 CITY OF MIAMI BEACH 139 (e) Hearsay evidence shall be admissible at the hearing but shall not form the sole basis for initiating a debarment procedure nor the sole basis of any determination of debarment. The hearing shall be transcribed, taped or otherwise recorded by use of a court reporter, at the election Committee and at the expense of the City. Copies of the hearing tape or transcript shall be furnished at the expense and request of the requesting party. (f) Debarment Committee's decision. In actions based upon a conviction or judgment, or in which there is no genuine dispute over material facts, the Debarment Committee shall make a decision on the basis of all the undisputed material information in the administrative record, including any undisputed, material submissions made by the contractor. Where actions are based on disputed evidence, the Debarment Committee shall decide what weight to attach to evidence of record, judge the credibility of witnesses, and base its decision on the prepondenance greater weight of the evidence standard. The Debarment Committee shall be the sole trier of fact. The Committee's decision shall be made within ten (10) working days after conclusion of the hearing, unless the Debarment Committee extends this period for good cause. (g) The Committee's decision shall be in writing and shall include the Committee's factual findings, the principal causes of debarment as enumerated in this ordinance, identification of the contractor and all named affiliate: affected by the decision, and the specific term, including duration, of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment, the City Manager shall give the contractor and any named affiliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (10) working days of the decision, specifying the reasons for debarment and including a copy of the Committee's written decision; stating the period of debarment, including effective dates; and advising that the debarment is effective throughout the City departments. (2) If debarment is not imposed,the City Manager shall notify the contractor and any named affiliates involved ,by certified mail. return receipt requested. or personal service, within ten (10) working days of the decision. (i) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is signed by the City Manager. Decisions of the Debarment Committee are subject to review by the Appellate Division of the Circuit Court. A debarred contractor may seek a stay of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406. Period of debarment. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 140 (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the cause(s), and where applicable, within the guidelines set forth bebw, but in no event shall exceed five (5) years. (b) The following guidelines in the period of debarment shall apply except where mitigating or aggravating circumstances justify deviation: (1) For commission of an offense as described in subsection 2404(a)(1): five (5) years. (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (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) years. (5) For commission of an offense as described in subsections 2404(b)(1) or (2): two (2) to five (5) years. (c) The Debarment Committee may, in its sole discretion, reduce the period of debarment, upon the contractor's written request for reasons such as: (1) Newly discovered material evidence; (2) Reversal of the conviction or civil judgment upon which the debarment was based; (3) Bona fide change in ownership or management; (4) Elimination of other causes for which the debarment was imposed; or (5) Other reasons the Debarment Committee deems appropriate. (d) The debarment debarred contractor's written request shall contain the reasons for requesting a reduction in the debarment period, The City's Procurement Office, with the assistance of the affected department shall have thirty (30) days from receipt of such request to submit written response thereto. The decision of the Debarment Committee regarding a request made under this subsection is final and non-appealable. SECTION 2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 3. CODIFICATION. It is the intention of the Mayor and City 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. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 141 SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, SECTION 5. EFFECTIVE DATE. This Ordina nce shall take effect on the 3rd day of March,2000. PASSED and ADOPTED this 23rd day of February. 2000. BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 142 ORDINANCE NO. 2002-3344 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING PROCEDURES FOR RESOLVING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI THEREOF ENTITLED "PROCUREMENT'; BY CREATING SECTION 2-371 ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time the City procures goods and services through Invitation for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, in accordance with the public Bidding procedures set forth in Florida law and the Code of the City of Miami Beach (the "City Code"); and WHEREAS, such process may lead to protested Bids and proposed awards; and WHEREAS, it is the intent of the Mayor and City Commission that procedural and technical issues related to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, be decided by the City Manager and the City Attorney, and that their determinations with respect to said procedural and technical issues shall be deemed final; and WHEREAS, it is in the best interests of the City and all respondents to Invitations for Bids, Requests for Proposals, Requests for Qualifications, Requests for Letters of Interest, and purchase orders based on written or oral quotations, to have a clear and unequivocal procedure for resolving such protests in a timely and expeditious manner. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows: Section 1. Them is hereby added to Article VI of Chapter 2 of the City Code a new Section 2-371, which shall read as follows: Section 2-371. Authority to Resolve Protested Bids and Proposed Awards. BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 143 (a) Right to Protest. Any actual Bidder, qualified proposer, or interested parties (hereinafter collectively referred to as the "Bidder") who has a substantial interest in, and is aggrieved in connection with the solicitation or proposed award of, a request for proposals CRFP"), request for qualifications ("RFQ'), request for letters of interest ("RFLI') or invitation for Bid for goods and/or services ("hereinafter, collectively referred to as the Bid") may protest to the City Manager or his or her designee. Protests arising from the decisions and votes of any evaluation or selection committee shall be limited to protests based upon alleged deviation(s) from established purchasing procedures set forth in this Code, any written guidelines of the Procurement Department, and the specifications, requirements and/or terms set forth in any Bid. (1) Any protest concerning the Bid specifications, requirements, and/or terms must be made within three (3) business days (for the purposes of this ordinance, "business day" means a day other than Saturday, Sunday or a national holiday), from the time the facts become known and, in any case, at least two (2) business days prior to the opening of the. Such protest must be made in writing to the City Manager or his or her designee, and such protest shall state the particular grounds on which it is based and shall include all pertinent documents and evidence. No Bid protest shall be accepted unless it complies with the requirements of this section. Failure to timely protest Bid specifications, requirements and/or terms is a waiver of the ability to protest the specifications, requirements and/or terms. (2) Any protest after the Bid opening, including challenges to actions of any evaluation or selection committee as provided in subsection (a) above, shall be submitted in writing to the City Manager, or his or her designee. The City will allow such Bid protest to be submitted anytime until two (2) business days following the release of the City Manager's written recommendation to the City Commission, as same is set forth and released in the City Commission agenda packet, for award of the Bid in question. Such protest shall state the particular grounds on which it is based and shall include all pertinent grounds on which it is based, and shall include all pertinent documents and evidence. No Bid protest shall be accepted unless it complies with the requirements of this section. All actual Bidders shall be notified in writing (which may be transmitted by electronic communication, such as facsimile transmission and/or e-mail), following the release of the City Manager's written recommendation to the City Commission. (b) Any Bidder who is aggrieved in connection with the solicitation or proposed award of a purchase order based on an oral or written quotation may protest to the City Manager or his or her designee anytime during the procurement process, up to the time of the award of the purchase order, but not after such time. Such protest shall be made in writing and state the particular grounds on which it is based and shall include all pertinent BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 144 documents and evidence. No Bid protest shall be accepted unless it complies with the requirements of this section. (c) The City may request reasonable reimbursement for expenses incurred in processing any protest hereunder, which expenses shall include, but not be limited to, staff time, legal fees and expenses (including expert witness fees), reproduction of documents and other out-of-pocket expenses. (d) Authority to Resolve Protests. The City Manager or his or her designee shall have the authority to settle and resolve a protest concerning the solicitation or award of a Bid. (e) Responsiveness. Prior to any decision being rendered under this Ordinance with respect to a Bid protest, the City Manager and the City Attorney, or their respective designees, shall certify whether the submission of the Bidder to the Bid in question is responsive. The parties to the protest shall be bound by the determination of the City Manager and the City Attorney with regard to the issue of responsiveness, +Ae determination of the City Manager and the City Attorney with regard to all pr-oceduml anti technical A"Iatters &hall be final. (f) Decision and Appeal Procedures. If the Bid protest is not resolved by mutual agreement, the City Manager and the City Attorney, or their respective designees, shall promptly issue a decision in writing. The decision shall specifically state the reasons for the action taken and inform the protestor of his cr her right to challenge the decision. Any person aggrieved by any action or decision of the City Manager, the City Attorney, or their respective designees, with regard to any decision rendered under this section may appeal said decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. (g) Distribution. A copy of each decision by the City Manager and the City Attorney shall be mailed or otherwise furnished immediately to the protestor. (h) Stay of Procurements During Protests. In the event of a timely protest under this section, the City shall not proceed further with the solicitation or with the award pursuant to such Bid unless a written determination is made by the City Manager, that the award pursuant to such Bid must be made without delay in order to protect a substantial interest of the City. (i) The institution and filing of a protest under this Code is an administrative remedy that shall be employed prior to the institution and filing of any civil action against the City concerning the subject matter of the protest. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 145 U) Protests not timely made under this section shall be barred. Any basis or ground for a protest not set forth in the letter of protest required under this section shall be deemed waived. (k) At the time the City Manager's written recommendation for award of a Bid is presented at a meeting of the Mayor and City Commission, the City Attorney, or his or her designee, shall present a report to inform the Mayor and City Commission of any legal issues relative to any Bid protest filed in connection with the Bid in question. (I) The determination of the City Manaqer and the City Attorney with reqard to all procedural and technical matters shall be final. Section 2. All ordinances, resolutions or parts thereof in conflict herewith be and the same are hereby repealed. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance, It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 4. This Ordinance shall take effect ten (10) days after its adoption on the 19th day of January. 2002. PASSED on First Reading this 19th day of December ,2001. PASSED and ADOPTED on Second Reading this 9th day of January. 2002. APf'ROYEO AS 10 FORM & lANGUAGE & fOIl flCECtJTION ~ lo.t-~( BID NO: 67-02/03 DA TE: 08/26/03 CITY OF MIAMI BEACH 146 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREFORE ENTITLED "LIST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYIST' FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2 entitled "Administration", Division 3 entitled "Lobbyist", Section 2 -485 thereof is hereby amended to read as follows: Sec. 2-485. List of expenditures; fee disclosure; reporting requirements. a. On October 1 of each year, lobbyist subject to lobbyist registration requirements shall submit to the city clerk a signed statement under oath as provided herein listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be filed even if there have been no expenditures during the reporting period. The statement shall list in detail each expenditure by category, including food and beverage, entertainment, research, communication, media advertising, publications, travel, lodging and special events. , If no com ensation has or will be aid concerninQ the subiect lobbv services. a statement shall nonetheless be filed reflectinQ as such. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 147 c. Any change to informaion originally filed shall require that the lobbyist principal under subsection (b) above) file, The lobbyist principal) a continuing information and amend said reports when so needed. tbt @ The city clerk shall notify any lobbyist (or principal) who fails to timely file an the expenditure or fee disclosure reports referenced in sections (a) and (b) above. In addition to any other penalties which may be imposed as provided is section 2- 485.1, a fine of $50.00 per day shall be assessed for reports filed after the due date. {G} Uti The city clerk shall notify the Miami-Dade County Commission on Ethics and Public Trust of the failure of a lobbyist (or principal) to file a either of the reports referenced above and or pay the assessed fines after notification. (4) ill. A lobbyist (or principal) may appeal a fine and may request a hearing before the Miami-Dade Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Miami-Dade Commission on Ethics and Public Trust within 15 calendar days of receipt of the notification of the failure to file the required disclosure form. The Miami-Dade Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or in part, based on good cause shown. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 148 SECTION 3. SEVERABILITY If section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. 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 or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 18th day of ~2002. PASSED and ADOPTED on Second Reading this 8th day of Mav , 2002. JiwM p~ CITY CLERK MAYOR ArrEST: (Requested by Commissioner Matti Bower and Co-sponsored by Commissioner Simon Cruz, Jose Smith and Richard Steinberg) S6{.de~rang~lgi reflects changes between first and second reading. JKO\kw F;A TTOIOLIJIRES-ORD\2-485,ORD,DOC DATE: 08/26/03 APPROVED AS 'TO FORM & I.I.NGUAGE & FOR EXECUTION /111 hAlO, IJJ.. l-/'" f6 - av ~Dale 149 ORDINANCE NO. 2003-3389 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 2, ARTICLE VII BY CREATING DIVISION 5 THEREOF ENTITLED "CAMPAIGN FINANCE REFORM", AND FURTHER AMENDING CITY CODE SECTION 38-6 ENTITLED "PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS" AND CITY CODE CHAPTER 2 BY TRANSFERRING SAID SECTION FROM CHAPTER 38 OF THE CODE TO CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5, RENUMBERING CODE SECTION 38-6 TO CODE SECTION 2-487; AMENDING SAME BY MANDATING THAT THE CITY PUBLISH NOTICE REQUIREMENTS OF THIS ORDINANCE, ESTABLISHING RESPONSIBILITY OF CANDIDATES FOR ELECTED OFFICE TO DETERMINE STATUS OF POTENTIAL DONOR AS VENDOR, CLARIFYING AND CREATING DEFINITIONS, CREATING ADDITIONAL WAIVER PROVISION WHEN TERMINATION OF EXISTING CONTRACT WOULD BE ECONOMICALLY ADVERSE TO CITY'S BEST INTERESTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 2, Article VII, is hereby amended by the creation of Division 5 thereof entitled "Campaign Finance Reform" and is further amended by transferring Section 38-6 entitled "Prohibited Campaign contributions by Vendors" from City Code Chapter 38 to City Code Chapter 2, Article VII, Division 5 and renumbering said Section 38-6 to Section 2-487, to read as follows: DIVISION 5. CAMPAIGN FINANCE REFORM * * * Sec. ~ 2-487. Prohibited Campaign Contributions by Vendors WA General. (I) fill. No peFGOH wae is a vendor te fae eity shall give a campaign contribution directly,or tffi:eHga a memBer of the per-seH's immediate family, ef threHga a politieal aetiEJB eemmittee, er threHgh RBi' ether perseR, indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. Commencing on the effective date of this ordinance. all proposed city contracts, as well as requests for proposals (RFP), requests for Qualifications BID NO: 67-02103 DA TE: 08/26/03 CITY OF MIAMI BEACH 150 (RFQ), requests for letters of interest (RFLl), or Bids issued by the City, shall incorporate this Ordinance so as to notifv potential vendors of the proscription embodied herein. ill No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall sclieit er reeei'le deposit into such candidate's campaign account any campaign contribution directlv or indirectlv from a pei'seft \Vhe is a vendor to the eity, er threagh a IRemBer of tfle persen's immeeiate [aIRily, sr threagh a pelitieal aetien eeIRmittee, Elf tbrsugh aRY ether )'lersen OR behalf of the perseR This prohibitisn applies te namral persens and to perseRs whe held a eentrslliRg fiRaReial interest iR BasiFless emities, Candidates (or Ihose acting on their behalf) shall ensure compliance with this code section bv confirming with the Procurement Division's Citv records (including City of Miami Beach website) to verify the vendor status of anv potential donor. (2) A fine of up to $500.00 shall be imposed on every person who violates his prshibiticn section Each act of sslieitatieR, giving or reeeiyiRg depositing a contribution in violation of this paragraph section shall constitute a separate violation. All contributions r8e8ived deposited by a candidate in violation of this paragraph section shall be forfeited to the city's general revenue fund. (3) A person or entitv who directly or threagh a memBer ef the perscR's immediate [aIRily, er threagh a pelitieal actien eeIRIRittee, SF tbreagh aRY ether )'lersen indirectlv makes a contribution to a candidate who is elected to the office of mayor or commissioner shall be disqualified for a period of 12 months following the swearing in of the subject elected official from traFlsactiRg basiness serving as a vendor with the city. This prehibitieR on traRsaeting blisiness with the eity may be waived enIy in the IRaRFIer preyidee hereinbelew in sliBseeti8n (13), (4) As used in this section: (a) 1. A "vendor" is a person and/or entitv who transaets business with the eity, er has been approved by the eity eeIRmissien te transaet blisin8ss with the eity, sr is listed 8n the eity maBager's appre'led 'leRder list selected bv the City as the successful Bidder on a present or pending Bid for goods, equipment or services. or has been approved bv the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract. purchase order or standing order. 2. "Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entitv, The term "controlling financial interest" shall mean the ownership. directly or indirectlv. of 10% or more of the outstanding capital stock in anv corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean a corporatio n, partnership, business trust or anv legal entitv other than a natural person ;L For purposes of this ordinance. "vendor" status shall terminate upon completion of the agreement for the provision of goods. equipment or servIces. BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 151 i11l For purposes of this section, the term "services" shall mean the rendering by a vendor through competitive Bidding or otherwise. of labor, professional and/or consulting services to the City of Miami Beach. W :\ "esRtribNtisfI" is: -h .\ gift, sHbserifltioR, eOll.','eyall.ee, deflosit, laall., flaymeat, or distribHtioR of maRey ar aH-ythill.g of 'laiNe, ill.eIHdill.g eoatrieHtioRs ill. kill.d ha-'1ill.g all. attribHtable mOfletary 'ialue. ;.h .^. transfer af fusds eetweell. politieal eommittees, eetweell. eommittees of eORtiRHaHs existeRee, or betweell. a politieal eammittee aRd a eemmittee af eOll.tiRHsus existell.ee. J., The paymeFlt, by all.Y perssfI sther thall. a eall.diaate ar politieal eammittee, af eompeRsatioll. for tae flersaRal serviees of anotaer parsoR whieh are renderea to a eaBaiaate or pelitieal esmmittee witasut eharge ta th.e eaBaiaate or esmmittee fer sl:Ieh serviees. 4, The traBsfer sf fuBaS by a eampaigB treaSHrer sr depHty eampaigB treaSNfer between a primary depository aRd a separate iBterest beariBg aeeOHll.t or eertifieate Elf deposit, aBa the term inell:lEles aBY interest earned ElB sueh aeesHRt sr eertifieate, lfl The term contribution shall have the meaning ascribed to such term in Chapter 106, Florida Statutes. as amended and supplemented (copies available in City Clerks office), fb1 B. Conditions for waiver of prohibition. The requirements of this section may be waived Qy a 50th vote for a particular transaction by city commission vote after public hearing upon finding that: (1) .\ll. opeR tEl all sealea esmpetitive !lli!.Jrr preflssal aas eeell. submittea aBa till eity affieial/dsBee has iB BO way partieipated in the determiBatioll. sf the Bid sfleeifieatisBs or Bia awar.a; ~ill The flrsflerty goods. equipment or services to be involved in the proposed transaction are unique and the city cannot avail itself of such prepert~' goods. equipment or services without entering into a transaction which would violate this section but for waiver of its requirements; or ~ill The business entity involved in the proposed transaction is the sole source of supply withiB the eit)' as determined by the City's Procurement Director in accordance with procedures established in section 2-367(c) of the Miami Beach City Code; or -t41ill An emergency contract (as authorized by the City Manager pursuant to section 2- 396 of the Miami Beach ctv Code) must be made in order to protect the health, safety or welfare of the citizens ofthe city, as determined by a five-sevenths vote of the city commissiol1-;..Qr BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 152 ill A contract for the provision of goods, equipment or services exists which. if terminated by the City, would be adverse to the best economic interests of the City, Any grant of waiver by the city commission must be supported with a full disclosure of the subject campaign contribution, (e1c. Applicability. This section shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered into in violation of this section, SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 4. 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 or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFPEcrlVE DATE This Ordinan<:e shall take effect the _!!~day of 2003. PASSED and ADOPTED this 8th day or ATlEST: ~t~ (Requested by Commissioner Jose Smith, and approved by Community Affairs Committee) (Passed on 1 st Reading on December 11, 2002) JKO\kw F,...,IOUJIJl!S.()Rl)'JUlQa.doc OrcJ!:1i.ac.1.NO~. 2003;13389 I#RIlCI".'IO ....&....~ .fMl1IDmON ~ ('),...U"'O 2..- ... BID NO: 67-02103 DATE: 08/26/03 CITY OF MIAMI BEACH 153