Loading...
HomeMy WebLinkAboutDock & Marine Construction, Inc. Agreement with CMB ~O(J~ -;2 h:2 0-Z '7 Ii Ajo & - C 7 U AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND DOCK & MARINE CONSTRUCTION, INC FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS ON AN "AS NEEDED" BASIS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06 THIS AGREEMENT made and entered into this I }r6day Of~. 200tbyand between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and DOCK & MARINE CONSTRUCTION, INC a Florida corporation, whose address is 752 NE 79th Street, Miami, Florida, 33138. (hereinafter referred to as CONTRACTOR. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and CONTRACTOR. City Manager: The Chief Administrative Officer of the City. CONTRACTOR: For the purposes of this Agreement, CONTRACTOR shall be deemed to be an independent CONTRACTOR, and not an agent or employee of the City. Services: All services, work and actions by the CONTRACTOR performed pursuant to or undertaken under this Agreement, as described in Section 2 and Attachment "E" hereto. Fee: Amount paid to the CONTRACTOR to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone number (305) 673-7000, Ext. 6435, and fax number (305) 673- 7023. 1 CITY CLERK SECTION 2 SCOPE OF SERVICES 2.1 GENERAL The City is entering into this Agreement for the removal and disposal of derelict vessels, on an "as needed basis", as set forth in Request for Proposals (RFP) No. 15- 05/06, together with all amendments thereto (the RFP) , and CONTRACTOR's Proposal in response thereto (and collectively referred to as Proposal Documents and/or the Services). The Proposal Documents shall set forth the Services to be provided pursuant to this Agreement and are attached and incorporated as Attachment "E" hereto. The Services will be provided by the Contractor to suffice all requirements as may be set forth by the Federal Emergency Management Agency (FEMA), which provides public assistance funds for debris clearance, removal and disposal operations. 2.2 MIAMI BEACH DERELICT VESSEL PROGRAM The CONTRACTOR will be responsible for, and provide to the City, supporting documentations to include: Dive, patch and re-float with a pollution stand-by crew which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. - Tow re-floated vessels to a County landfill area for disposal. Provide detailed documentation of all work performed to include the numbers of hours worked by date and full name of individual who performed the work. Coordinate with U.S. Coast Guard, Florida Fish & Wildlife Commission, Miami Beach Marine Patrol Division, and Procurement Office. Provide record of vessel registration number, location, and photograph of each stage of the removal and disposal process. Provide notification by certified letter to private owners of impending vessels removal. Contact the owners to provide an opportunity to remove the vessels prior to local, State or Federal government initiation of vessel removal. - Advertise via public notice in local newspapers of every vessel removal. Keep a log that reflects an accurate count of vessel removed with corresponding locations. Generate scopes of work based on items to be removed. Continually verify the number and location of sunken vessels and ensure that accurate records are maintained. Require that a bill of sale or a vessel registration be presented to the local government representative on-site if an individual claims a vessel during removal operations. In the event of an emergency, such as a hurricane, CONTRACTOR will assist the City in the removal and disposal of derelict vessels from public waters. 2 The Services, or a portion thereof, shall be set forth in a Work Order, in substantially similar form as the sample attached, as Attachment "A" hereto. 2.3 NOTICE'S) TO PROCEED Authorization for performance of Services by the CONTRACTOR under this Agreement shall be in the form of a written Work Order(s) issued and executed by the City of Miami Beach and signed by the CONTRACTOR. A sample Work Order is attached as Attachment "A". Each Work Order shall described the Services, or portion thereof, required; state the date for commencement and completion of the Services; and establish the amount and method of payment. The City of makes no representation or warranty as to the number of available projects, nor that the CONTRACTOR will perform any project for the City of Miami Beach during the Term of this Agreement. The City, through the City Manager or his designee, will issue a first Notice to Proceed to CONTRACTOR for each Work Order issued. CONTRACTOR shall provide the City with cost and schedule (number of calendar days) for the removal and disposal of derelict vessels contemplated by the Work Order. Notwithstanding, the issuance of a Notice to Proceed, each Work Order shall be approved by the City and duly executed by the City and CONTRACTOR. No work shall be compensated that is not in accordance with an approved Notice to Proceed. SECTION 3 COMPENSATION 3.1 FEE The CONTRACTOR shall be required to submit a written estimate for the proposed Services, or portion thereof before a Work Order is issued. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City for a specific project must be in accordance with the cost information submitted in CONTRACTOR's response to the RFP, and must be approved prior to commencement of any Services, or portion thereof, under a Work Order. 3.2 COMPLIANCE WITH CITY'S LIVING WAGE LAW CONTRACTOR acknowledges that it shall be subject to comply with the City's Living Wage Ordinance, pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, CONTRACTOR shall be required to pay all employees who provide services pursuant to this Agreement, a living wage of no less than $8.56 an hour plus at least $1.25 an hour towards health benefits for a total minimum value of $9.81 an hour, or a living wage of no less than $9.81 an hour without health benefits. CONTRACTOR's failure to comply with this provision shall be deemed a material breach under this Agreement, under which the City may, at its sole option, immediately terminate the Agreement, and may further subject CONTRACTOR to additional penalties and fines, as provided in the City's Living Wage Ordinance, as may be amended. The most recent copy of the City's Living Wage Ordinance is attached as 3 Attachment "D" hereto; notwithstanding the preceding, it shall be CONTRACTOR's sole responsibility and obligation to familiarize itself with the Living Wage Law, as well as any subsequent amendments thereto. 3.3 PAYMENT AND BILLING a. If the Services required to be performed by a Work Order are able to be clearly specified by the City, then the Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform all Services required by the Work Order, but in no event shall the CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. b. If the Services required to be performed are not such that they cannot be specifically set forth and defined by the City, then the Work Order may be issued on a "Time Basis Method", and contain a "Not-to-Exceed" amount. If a "Not-to-Exceed" amount is provided, the CONTRACTOR shall perform all Services required by the Work Order but, in no event, shall the CONTRACTOR be paid more than the "Not-to Exceed" amount specified in the applicable Work Order. c. If the Services are such that they cannot be specifically set forth and defined by the City, then the Work Order may also be issued on a "Time Basis Method", and contain a Limitation of Funds amount. The CONTRACTOR shall not be authorized to exceed the amount without the prior written approval of the City. Said approval, if given at all, shall indicate a new Limitation of Funds amount. d. The CONTRACTOR shall advise the City whenever the CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. e. For Work orders issued on a "Fixed Fee Basis," the CONTRACTOR may invoice the amount due based on the percentage of total (Work Order) Services actually performed and completed, but, in no event, shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total Services actually completed. f. For Work Orders issued on a "Time Basis Method" with a "Not-to-Exceed" amount, the CONTRACTOR may invoice the amount due for actual hours performed, but in no event shall the invoice amount exceed a percentage of the "Not-to-Exceed" amount equal to a percentage of the total Services actually completed. g. Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a "Not- to-Exceed" amount shall be treated separately for retainage purposes. If the City determines that the Services have been substantially complete and the amount retained is considered to be in excess, the City may, at its sole and absolute discretion, release the retainage or any portion thereof. h. For Work Orders issued on a "Time Basis Method" with a Limitation of Funds amount, the CONTRACTOR may invoice the amount due for Services actually performed and completed. i. Payments shall be made by the City to the CONTRACTOR when requested as work progresses for Services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. CONTRACTOR shall submit to the City, at the close of each calendar month, an itemized invoice properly dated including the following: Description of Services rendered 4 - Cost of Services Name and address of the CONTRACTOR - Work Order number RFP No. Notice(s) to Proceed issued by the City. Documentation relative to the coordination with U.S. Coast Guard, State Marine Patrol, and any and all other applicable Federal, State, County, and Local government agencies. - Global Positioning System survey methods or some type of flotation marker to pinpoint location of vessels. Records of vessel registration number and photographs of each wreckage. Certified notification to private owners of impending vessels removal in accordance with legal constrains. Documentation of contacting the owner to provide an opportunity to remove the vessels prior to local, State or Federal government initiation of vessel removal. Record of publication of public notice in local newspapers. Full name of individual performing the service. Number of hours and dates worked. All invoices are subject to verification, approval, and processing by the City department requesting the temporary personnel. The original invoice shall be sent to: Lisa Botero Acting Public Works Environmental Resources Manager Public Works Department City of Miami Beach City Hall 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 With copy to: Gus Lopez, CPPO Procurement Director City of Miami Beach City Hall 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONTRACTOR a. The CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analyses, reports, data, plans, specifications, and/or any and all other documents 5 and/or Services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR, shall, without additional compensation, correct or revise any errors or deficiencies in any and all documents and/or Services of whatever type or nature that are required to be furnished by the CONTRACTOR pursuant to this Agreement. b. Neither the City's review, approval or acceptance of, nor payment for, any of the Services required herein shall be construed to operate as a waiver of the City's rights under this Agreement, nor of any cause of action arising out of the performance of this Agreement, and the CONTRACTOR shall be and always remain liable to the City in accordance with this Agreement and applicable laws for any and all damages to the City caused by the CONTRACTOR'S negligent and wrongful performance of any of the Services furnished under this Agreement. c. In its performance of the Services, the CONTRACTOR shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for an initial term of three (3) years, commencing on the last date of execution of the Agreement by the parties hereto. At its sole discretion, the City may renew this Agreement, upon the same terms and conditions, for up to three (3) additional one (1) year terms, upon thirty (30) days written notice to CONTRACTOR (such notice to be provided prior to the end of the initial term or a renewal term, as the case may be). 4.3.1 Commencing on October 1, 2007, the Hourly Billing Rate Schedule may be adjusted annually, at the City's sole discretion and judgment, based upon the Miami - Fort Lauderdale Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor Statistics. Such adjustment shall be calculated by multiplying the ratio of the April index divided by the previous year's index by the Hourly Rate Schedule to define the new Hourly Rate Schedule. If increased by the City, the maximum annual increase will be limited to three percent (3%). The increase to the billing hourly rates will be at the City's sole discretion and only following evaluation of the CONTRACTOR's performance during each year throughout the term of this Agreement. 4.4 TIME OF COMPLETION The Services to be rendered by the CONTRACTOR shall commence upon 6 receipt of a Notice(s) to Proceed from the City, subsequent to the execution of the Agreement. The Services shall be ongoing for the Term of the Agreement, on an as needed basis. 4.5 INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the CONTRACTOR, its employees, agents, sub-Contractor's, or any other person or entity acting under CONTRACTOR's control, including with out limitations any and all temporary personnel assigned to the City pursuant to this Agreement, in connection with the CONTRACTOR's performance of the Services pursuant to this Agreement; and to that extent, the CONTRACTOR shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1 %) of the total compensation to the CONTRACTOR for performance of the Services under this Agreement is the specific consideration from the City to the CONTRACTOR for the CONTRACTOR's Indemnity Agreement. This indemnity shall survive termination of this Agreement. The CONTRACTOR's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.6 TERMINATION, SUSPENSION AND SANCTIONS 4.6.1 Termination for Cause If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the CONTRACTOR of its violation of the particular terms of this Agreement and shall grant CONTRACTOR ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three (3) days' notice to CONTRACTOR, may terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties and terms arising out of/or by virtue of this Agreement. Notwithstanding the above, the CONTRACTOR shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the 7 CONTRACTOR. The City, at its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4.6.2 Termination for Convenience of City NOTWITHSTANDING SECTION 4.6.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN REQUEST FOR PROPOSALS NO. 15-05/06, TOGETHER WITH ALL AMENDMENTS THERETO, AND CONTRACTOR'S PROPOSAL RESPONSE, ATTACHED HERETO, SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITY AT CONTRACTOR'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS DISCRETION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONTRACTOR SHALL DELIVER ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY, AS REQUIRED HEREIN. 4.6.3 Termination for Insolvency The City also reserves the right to terminate the Agreement in the event the CONTRACTOR is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.6.2. 4.6.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the CONTRACTOR's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami- Dade County, and / or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the CONTRACTOR under the Agreement until the CONTRACTOR complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.6.2. 4.7 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written 8 amendment signed by the duly authorized representatives of the City and CONTRACTOR. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City. 4.8 AUDIT CONTRACTOR shall keep such records and accounts and require any and all subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hour charge to the City. All books and records relative to the Agreement, and the Services to be provided herein, shall be available at all reasonable times for examination and audit by the City and shall be kept for a period if three(3) years after the completion of all work / services to be performed pursuant to this Agreement. The City reserves the right to perform audit investigations of the CONTRACTOR's records and accounts. The City's audit rights shall include, without limitation: ascertaining CONTRACTOR's compliance with the Miami Beach Derelict Vessels Program requirements (pursuant to Subsection 2.2 herein and the Proposal Documents), compliance with FEMA's billing and invoicing requirements, and compliance with the City's Living Wage Ordinance. Without limitation, CONTRACTOR shall maintain any and all records necessary to document compliance with the provisions of this Agreement, and shall make available to the City, upon request, such records for audit and examination relating to all matters covered by this Agreement. 4.9 INSURANCE REQUIREMENTS CONTRACTOR shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. (Any exceptions to these requirements must be approved by the City's Risk Management Department prior to implementation of same): 1. Commercial General Liability: A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $1,000,000 Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 2. Worker's Compensation: A policy of Worker's Compensation and Employer's Liability Insurance in accordance with State of Florida worker's compensation laws (as required per Florida Statutes) and U.S. L. & H / Jones Act per Federal Law (if required). Said policies of insurance shall be primary to and contributing with any other insurance maintained by the CONTRACTOR or City, and shall name the City and 9 the officers, agents and employees of said organizations as additional insures under this Agreement. Policies cannot be canceled without thirty (30) days prior written notice to the City. The CONTRACTOR shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the term of the Agreement. No work shall be done by CONTRACTOR during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers or carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by the City's Risk Manager prior to commencement of any work or services under the Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations of the CONTRACTOR outside the Agreement, CONTRACTOR shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. The CONTRACTOR shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. 4.9.1 Failure to Procure Insurance CONTRACTOR's failure to procure or maintain required insurance coverage shall constitute a material breach of Agreement under which City may, at its sole option, immediately terminate the Agreement. 4.10 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The CONTRACTOR shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.11 SUB-CONTRACTORS The CONTRACTOR shall be liable for the CONTRACTOR's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of any and all sub-contractors, and any other person or entity acting under the direction or control of the CONTRACTOR including with out limitation, any and all temporary personnel provided in the City pursuant to the terms and conditions of the Agreement. When the term "CONTRACTOR" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of CONTRACTOR. For the purpose of this Agreement, CONTRACTOR acknowledges and agrees that any and all temporary personnel assigned by CONTRACTOR to provide services to the City pursuant to this Agreement shall be deemed to be independent CONTRACTORs and agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the City, or any right generally afforded Classified or Unclassified employees. Further each personnel shall 10 not be deemed entitled to Florida Worker's Compensation benefits as an employee of the City, or accumulation of sick or annual leave. 4.12 EQUAL EMPLOYMENT OPPORTUNITY I n connection with the performance of this Agreement, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, disability, or sexual orientation. 4.13 CONFLICT OF INTEREST The CONTRACTOR agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the CONTRACTOR. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.14 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the CONTRACTOR or its employees or sub-contractors, without the prior written consent of the City. 4.15 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the CONTRACTOR and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). 11 Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Dock & Marine Construction, Inc. Attn: Glen Larson, President 752 NE 79th Street Miami, Florida 33138 (305) 751-9911 TO CITY: Lisa Botero Acting Public Works Environmental Resources Manager City of Miami Beach City Hall 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 With copies to: Gus Lopez, CPPO Procurement Director City of Miami Beach City Hall 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.16 LITIGATION JURISDICTIONNENUE This Agreement 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 AGREEMENT, THE CONTRACTOR AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.17 ENTIRETY OF AGREEMENT This Agreement and all Attachments hereto including without limitation, Request for Proposals (RFP) No. 15-05/06, together with all amendments thereto, and CONTRACTOR's response to the RFP (the proposal documents), shall embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. Request for 12 Proposals No. 15-05/06, together with all amendments thereto, and CONTRACTOR's Proposal in response are hereby incorporated by reference into this Agreement as Attachment "E" hereto; provided, however, that in the event of an expense conflict between that Proposal documents and this Agreement, the Agreement shall prevail. 4.18 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $1,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $1,000. Accordingly, and notwithstanding any other term or condition of this Agreement, CONTRACTOR hereby agrees that the City shall not be liable to the CONTRACTOR for damages in an amount in excess of $1,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes. 4.19 COMPLIANCE WITH APPLICABLE LAWS The CONTRACTOR, its sub-contractors, agents and employees, including with out limitation, any and all temporary personnel assigned to the City pursuant to this Agreement, shall comply with all applicable Federal, State, Miami-Dade County and City Laws, and with all applicable rules and regulations promulgated by local, state and national boards, bureau and agencies as they relate to the Agreement and lor the provision of services hereto. 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: By: Uw4! rCU~ City Clerk Robert Parcher kA~171 vo7 Date ----- ATTEST: 1't1~ 7} 20l>/ Date FOR CONTRACTOR: DOCK & MARINE CONSTRUCTION, INC By: oo~-~ Sec ary ATTEST: j\\,-\~So.. lci{sO f\.. \ Print Name ...[f\D. -I... lo. r~ 0 f"'\ . Print Name ~O~ Date ~Q+ Date Exhibits: Attachment "A" - Work Order Attachment "B" - FEMA Guidelines Attachment "C" - Insurance Checklist Attachment "D" -The City's Living Wage Ordinance Attachment liE" - Request for Proposal No. 15-05/06, Add~Elo1~~O thereto, and Contractor's response to ~"LANGUAGE Attachment "F" - All Contractor's Risk Assessment Plan& FOR EXECUTION ~/J~/87 ~ 14 ~,._. lD ..... MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION WORK ORDER "ATTACHMENT A" Tel: 305-673-7490, Fax 305-673-7851 Date: Work Order Number: TO: Dock & Marine Constructions, Inc. Attn: Glen Larson, President 752 NE 79th Street Miami, Florida 33138 (305) 751-9911 Pursuant to the Agreement between the City of Miami Beach and the above named firm for REMOVAL AND DISPOSAL OF DERELICT VESSEL SERVICES PURSUANT RFP-15-05/06 (the Agreement), you are directed to provide the following: SCOPE OF SERVICES: (Attach additional pages if needed) ATTACHMENTS TO THIS WORK ORDER: [ ] drawings/plans/specifications [ ] scope of services [ ] spec~lcondWons METHOD OF COMPENSATION: [ ] fixed fee basis [ ] time basis not-to-exceed [ ] time basis-limitation of funds TIME FOR COMPLETION: The services to be provided by the CONTRACTOR shall commence upon execution of this Work Order by the parties Effective Date and shall be completed within of the Effective Date. Failure to meet the completion date may be grounds for Termination of the Agreement. Work Order Amount DOLLARS ($ $ Reimbursable Expense Allowance: (If Applicable) City's Project Coordinator Contractor's Representative 15 Attachment "B" FEMA Guidelines 19 1------ '" I <~, . .... .J ~ - ._'~ . ---.:;'....--:::..-...:..:-:~ Navigation Hazard Removal Chetkllst. The following checklist should be used to ensure that all aspects of removing navigation hazards are considered. Cl Coordinate with U.S. Coast Guard, State Marine Patrol, local government agencies and legal counsel. o Inspect marinas to locate debris: . Visually by helicopter or boat. · Via side-scan sonar. · Via diving. D Use Global Positioning System survey methods or some type of flotation marker to pinpoint location of sunken debris. o Keep a log that reflects an accurate count of debris items with corresponding locations. o Record the vessel registration number and photograph the wreckage. o Provide notification by certified letter to private owncl3 of impending vessel removal. This should be penormed in accordance with legal constraints. o Provide the owner an opportunity to remove the vessel prior to local, tribal, State 'or Federal government initiation of debris removal. o Provide public notice in local newspapers. o Generate scopes of work based on items to be removed. o Maintain flexibility to allow for problems caused by tidal conditions. Problems can also occur as a result of wreckage removal by others prior to issuance of contract notice to proce,ed. Flexibility in contract execution can be achieved by issuing an equipment rental type contract. 40 Cl Fixed price contracts with each piece of debris indicated as a line item are not recommended because of the possibility of change orders. Incorporate in the contract appropriate regulatory concerns andlor applicable State laws. Maintain continuous communication with local, tribal and State authorities. Continually verify the nwnber and location of sunken vessels and ensure that accurate records are maintained Require that a bill of sale or a vessel registration be presented to the local government representative on~site if an individual claims a vessel during removal operations. Ensure that contracts and the cleanup schedule incorporate tidal constraints, Debris located in shallow areas may be inaccessible to contractor equipment during low tide. Cl o Cl , . ~ , procedures are established for separation and removal of such materials prior to debris removal. Household hazardous waste typically found on-site includes cleaning supplies, propane tanks, paint cans, paint thinners, pesticides, n:ftigerators and freezers, A qualified environmental contractor should be hired to ensure proper removal and disposal of asbestos, lead-based paint and other commercial, agricultural or industrial hazardous waste. · Conduct initial inspections of the mobile home park with representatives from the local government, public health office, building and zoning office, real estate office and other State and Federal officials. · Ensure that the contract scope of work reflects findings of the field inspection. · Ensure that the mobile homes are unoccupied. · Ensure that the property is posted in accordaDce with local regulations and that mobile home owners have removed their pct'sonal property. · To avoid subsequent disputes, ensure that any agreement made with the mObile home park owner is in writing. · Obtain photographic documentation of mobile home sites prior to commencement of work. · Have organic and perishable materials removed from the site. MobUe Home Park Utilities. Local officials should accomplish the following actions: · Consider whether using heavy equipment will cause further damage to existing utilities. · Be responsible for turning off utility services, such as water, telephone, electricity, natural gas and propane gas. · Flag septic tank locations prior to debris removal. Special care must be given to protect septic tanks during debris removal operations. Debris Removal Contracts. Contracts should include provisions for the following: · Provide that all private automobiles are stored in a specific location within the park to be retrieved later by the owners. · Provide salvage rights to the contractor for materials remaining on-site at the time of debIis removal where beneficial to the govel11ment. · Require flagging of existing utilities prior to debris removal. · Use rubber tire vehicles and backhoe with grapple attachments to protect existing utilities. · Require the contractor to phase debris , removal operations to allow utility repair and or replacement to begin immediately after an area has been cleared. NavJgatJon Hazard Removal Coordination. Damage to publicly owned marinas caused by a major natural disaster can include abandoned sunken boats and other debris that may impede navigation. The designated debris manager and staff should coordinate with the U.S. Coast Guard, State Marine Patrol, local government agencies, legal counsel, contractors specializing in marine salvage operations, commercial divers and certified surveyors to ensure that navigation hazards are removed safely and efficiently. 39 lD ,.., MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav PROCUREMENT DIVISION INSURANCE CHECK LIST "ATTACHMENT C" Tel: 305-673-7490, Fax: 305-673-7851 xxx 1. XXX 2. XXX3. XXX 5. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H / Jones Act per Federal Law (If required). Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included (To be provided with the executed Agreement). 4. Excess Liability - $ . 00 per occurrence to follow the primary coverage. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond $ $ $ $ $ .00 .00 .00 .00 .00 XXX Professional Liability $1,000,000 .00 xxx 7.Thirty (30) days written cancellation notice required. xxx 8.Best's guide rating B+: VI or better, latest edition. xxx 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Contractor's Name Signature of Contractor's Representative (Please attach a copy of the insurance certificate) 16 Attachment "0" City's Living Wage Ordinance 17 ORDINANCE NO. 2001-3301 AN ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING DIVISION 6, TO BE ENTITLID 6'LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES", OF ARTICLE VI, ENTITLED "PROCUREMENT", OF CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION", BY ESTABLISHING A LIVING WAGE REQtnREMENT FOR CITY SERVICE CONTRACfS AND ESTABLISHING A LIVING WAGE FOR CITY EMPWYEES; PROVIDING FOR REPEALER, SEVERABILITY, CODInCATlON, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach awards private finns contracts to provide services for the public. The City also provides financial assistance to promote economic development and job growth. Such expenditures of public money al80 serve the public purpose by creating jobs, expanc1ing the City's "anomie base, and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, pennanent jobs that allow citizens to support themselves and their families with c1ignity. Sub-poverty level wages do not serve the public purpose. Such wages instead place an undue burden on taxpaycrs and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing, nutrition, and energy assistance. The City has a responsibility when spending public funds to set a community standard that pennits fun-time workers to live above the poverty line. Therefore, contractors and subconb'1lCtOrs of City service contracts should pay their emplo~ nothing less than the living wage herein described; and WHEREAS, in addition to requiring living wages for City services provided by private finns, the City wishes to serve as an example by providing a living wage to all City employees. NOW, THEREFOR& BE IT DULY ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. That Division 6, to be entitled "Living Wage Requirements for City Contracts", of Article VI, entitled "Procurement", of Chapter 2 of the Miami Beach City Code entitled "Administration" is herd>y created to read as follow: 10f9 Chapter 2 ADMINISTRATION . . . Article VI. Procurement . . . Division 6. Uvine WaJe ReguireJJ1enlS for Service Contracts and City E~loyees * . * Section 2-407.RIIIFVed DeftnltloDl (I) "City" means the g.ovemment of Miami B~h or any authorized a,~nlS. any board.l ag~~1 commission. ~artment. or oth~r ~ntity thereof. or any successor thereto.. (b) ''Covered Enmloyee" means anyone employed by the City 9f 8QY Sqrvice Contractor. as funher defined in this Division. either full or part time. as an emoloyee with or withQut benefits or as an independent con~tor. (c) "Covered EmDloyer" means the City and any and all Service Contractors. whether contractina girecdy or indirectly with the City. and subcontractors of a Service Contractor. Cd) "Service Contractof' is any individual. business entity. cOfJ'Oration fwb~thq for profjt or not for PfQfiO, oartnership.limited liabili~y company. joint ventutC. or similar business who is conductin, busil1e&s in MiBlQi Beach. or Miami Dade County. and meets one Cl) of the two (2) (oUowin, criteria: (1) The Service Conb'aCtor is: <a) paid in whole or part ~m one or more of the Ci'Y's Fneral fund.. capi~ orojcct finds. soccia! revenue funda. or any other funds either direcJJy Of indirecdy. whether by CQmoetitive bid DrOCCSI. informal bids. mquests for prooosa1s. some fonn of solicitation. negotitJion. or lUZ1"eCment. or JUW other decision to enter into a contract: or (b) engaged '" the business Qf. or pan of. a contract to provide. a subcontract to provide. or similarlY situated to DI'Ovide. services. either directly or indirectlv for the benefit of the City. However. this doea not ~P!lly to contracts re1llted primarily to the sale of products or goods. te) "COverM Services" arc the (we of services ourchued bv the Ci~y that are subject to the requirements of mil DivisiQJl which include the following: (1) City Service ContulCts Contracts involvine the City's ex.penditure of over $100.000 per year and )Vhich include the fo))owin, ~ of serv~: (1) food DrCDaration andlordistribution: (2) securi~ services: (3) routine maintenance services such as custodial. cleaning. computers. refuse removal. repair. refinishina. and recYCling: 20f9 (4) clerical or other non-supervisory office work. whether tcmpor&Jy or oennanent: (5) transportation and garkin, ~crvi,es: (6) printing and reproctuction Bq'Vicp; (7) landscapin,. Lawn. and or _picultural services: and (8) Dark and DubUc place maintenance (2l Should any services that are beinRI5P~ bv City Emo)ovees at the lime this ordinance ill en8Ct~d ~ lolicited in the future bv the City to be nerforrned bv a Service Contractor. such services shall be Covered Services subiect to thilt Divi!linn. SECI10N 2"408. a.IPt... LIVING WAGE (a) tdVlR2 Wa~ ~ld. (1) Service CORtnctoq, All Service Contmctors. ~ defined by this Division. entering into a contract with me City of Miaqri BelICh shall pay to all its emplOyees who provide services s:ov~n:d t>Y this Division. a Iivinl waF of no leu than 18.56 an hour with health benefits. or a livinl! wa2e of not leas than $9.81 an hour without health benefits. as described in thili SccPQtla (2) at\' EmDloyeel. For City Emplgyees under the City OIlV olan. the City will beJin to ~y a livin2 W82C consistent with d!e ,oals and terms of this Division on phase-in ~is be,illJlin~ in the 2001-2002 City budfet Yt;IU'. increasing on an annual basis incremcntallx fO that the LivinS Walle is fully implemented for City elllployees in the 2003-2004 City budJet year as 1Il~ be a4juated pursuant 10 subsection (c) below. Thereaf'ler. the Li'dP2 V(asre to be Dud bv the Citv to its emoloveea mall not be subiect to the annual in~1(iDll udnR the eon.umer Price Index for aU Urban Consumei'll lCPI-ID JeOuired under subsection lc\ bl;low apd i~slea4 &hall be 8ubiect to neRodadon. within the collective bJlI'llaiPiDl! strnctu~r (b) Health Benefits. For a Covered EmploYer or the City to com,plv with the living wage provision by choosin~ to PIlY the lower wa~ scale availabl~ when a Covered Bm!)loy.,r also PtOvi. health benefits. such health benefits shall ~onsjal of payment of at least S 1.25 per hour towards the provision of health C8Je benefits for Coven:d Employees and their dc;penFts. If the health benefits plan of the Covered EmoIQyer or the City reauires an iniqaJ oeriod of emplovment for a new employee to be elhdble for heal'" benefits (eliBibili~ D,Fiod) s~h Covered EmDJoycr or City m.y Qualify to Day the $8.56 per hour waF scale durin, the newemDlovee's initial cliRibilitv period orovided the new clIlplowc will be paid h~ltQ benefits QJ)On cOlllPletion of the eligibilitv period. Proof of the proyision of health benefits must be submitted to the awarding authority to qualify for ~ wa,e rate for emDlovees with health benefits. {cllndexl-. The IiviQ2 wase will be auto~ca1ty ind@ed each ye.: using the Csmsumer Price Index for all Urban Consumers (CPI-ID unless the City Commission determines it would not be fiscally sound to irqpleJpent the CPI-U in a particular ~ar. 30f9 ld) Certification Reaulred Before '-\'ment. Any and all contracts for Covered Services shall be void. and no funds may be released. 'unless Dlior to enterinl! any 82l"eement with the City for a Covered Services contract. the employer certifies to the CitY that it will DIU' each of its employees no less than the Jivina w'lie described in Scc:tion 2-408 (a).' A copy of this certificate must be made available to the public upon request. The certificate. at a minimum. must include the followinJl: 11 1 the name. Address. and phone number of the employer. a local contact person. and the specific prQiect for which the Covered Services contract is sou,ht: (2l the amount Df the Covered Services contract and the City Department t~e contract will serve: (3) a brief descrtption of the proicc:t or service orovided: (4) a statement ohhe w~p levels for an emoloyees: and (S) a commitment to pay all ern>>Joyeca a living waR. as defined by DII'8Rnloh Section 2-408 ea). (e) Observation or Oth.- Law.. Everv Covered EmDlovcc shall be oaid not JeSJ d1~ biweekly. and without subSCQuent deduction or rebate on any account leXCtiDt as such oaYTOIl deductions as are directed or permitted bv law or by a collective bqainin, a2rCCment), The Covered Emoloyer shall pay Covered Employees waite rates' in accordance with federal and all other aDDUcable laws such as overtime and similar wa,e laws. co Poltlnt. A COPy of the livin8 waiC rate shall be keDt polled bv the Covered Emolover at the site of the work in a Drominent DJacc where it can easily be seen and read by the Covered Emplo.,)'CC1 and shall ~ sqppJied to the cmplQ)'ClC within a reasonable time after a request to do 80. Poatin2 requi~ents will not be required where the Covered Employer prints the (oUowin, statements on the front of the Covered Emplovcc's first p",check and every six months thereafter: "You are required by City of Miami Beach Jaw to be paid at least S8.S6 dollars an hour. Ifvou are not paid this hourb Dlle. cootact your emDlover. an attorney. or the City of Miami Beach," All notices will be printed in English. Spanish. and Creole. (2) Collec:tlve BarGlllird.nt. Nothina in this Division shall be read to tc<DJ.ire or authorize any Covered El1lploycr to reduce wages set bv a collective bar28ining agreement or are required under any PI'evailin8 waF law. 40f9 SECTION 2-409. RelervN IMPLEMENTATION (a) Procurement Soeclftcatlons. The }jvin2 wae shall be reauired in the orocurement soecifications for all City service contracts for Covered Services on whicb bids or olOl)OsaIs shall be solicited on or after the effective date of this Division. The DI'OCurement soccificationa for .pplicable Covered Services contracts shan include a requirement that Service Contractors and their subcontractors agree to produce all documents and records rclatin, to payroll and compliance with this Division upon request from the City. All Covered Servi~ contracts awarded subsequent to the date when this Division becomes effective. shall be subiect to the requirements of this Division. (b) Information DI.trlbuted. All requests for bids or reQuests for DI'ODOSalS for Covered Services contracts of $100.000 or more shall include aODl"Ooriate infonnation about the requirements of this Division. I (c) MaIntenance of Payroll Records. Each Covered EnwIover shall maintain OBVIOUS for all Covered Employees and basic records relating thereto and shall preserve them for a period of three (3) vears or the term of the Covered Sen'ices contract. whichever is ere.ler. The records shan contain: (1) the name and address of each Covered Employee: (2) the iob title and claasification: (3) the number of hours worked each day: (4) the 8f'OIs wues earned and deductions made: (5) annual wqC8 paid: (6) a copv of the social security 1'Cturns and evidence of oavment thereof: (7) B record of frin,e benefit payments incIudinl! contributions to ~ved plans: and (8) any other data or infonnation this Division shoQtd require from time to time. (d) Reoortloll PavroU. Everv Aix (6) months. the CQvered Emolover ~all file with ~~ Procurement Director 8 comn'ete oavroll showinll the Covered RDlolover'. oavroll records for each Covered EmoloV;C Workin2 on the contract's) for Covered Services 'for one ~vroll oeriod. Uoon reouest from the City. the Covered Employer shall {)l"oduce for in81'CCtion and copying its Davroll records for any or all of il' Covered Employees for any period covered bv the Covered Service contract. The Citv mav ~xamine oavroll records as needed to ensure compliance. SECTION 2-410. Reee..... COMPLIANCE AND ENFORCEMENT. (8) Service Contractor to Coouerate. The Service Contractor shall DCrmit Citv emDIo~1. ajents. or representatives to observe work hein, pcrfonned at. in or on the proiect or matter for which the Service Contractor has a contract. The City rcpn;sentatives may examine the books and records of the Service Contractor celatin, to the employment and 1)~n to detennine if the Service Contractgf is in comDliance with the provisions of this Division. S of9 (b) CoIQDlalnt Procedures and SanetioDI. (1) An emplQ~ who ~lieYRs that this DivisiQP aD.,plies or aoolied to him or her and that the Service Con~~. or tbe !;ity. il.. or was not cOlllplyin, with the requirements of this Division has a right to file a cQDlPlaint with the Procurement Oi~tor of the City. ComDlaints by emploYees of alleeed violations mav be made at any time and shan be investipted within thirty (30) ~ys ~ the City. WOllen and QraI .tetements by an emplovee shall be treated as confidential "'~ shall nol be disclosed without the written consent of tl)e employee to the extent QJJowed pv t~e Florida Statutes. (2) Any individual or entity may also file a complaint with the Proc~ment Directgr of the City on behalf of an emplQyee for investigation bv the Otv. (3) [t shall be the responsibility of the Citv to inveatirllltt'! all alleplions of violations of this Division within thirty (30) days. If. at any time. the qty. qpon inveatigation ~termines that a violation of this Division has occurred. it shall. within ten (0) workin, W\ys of a !indin, of non-compliance. issue a notice of cOITeCtive action to the emnloyer Il~ifyin, all areas of non-comoUance and deadlines for ~u'.ions of the identified viol~ons. If a Service Contractor fails 19 cQPlolv with anv notice iSlu~. the City Manaacr Ot the City Man.r'a desisn,e may isaue an order in writinR to the Set\'ice Contractor. by certifiecl mail or hand deliverv. noti(ving the Service Contractor to Qp~ar f&t an admjpistrati vo hearinl before the City Man~,er or the City ManllJq:'s deshmce to be held at a time to be fixed in such order. which date shall be not less than five (5) days after service thereof. (4) The Droceedinl' ahpll be infonna1. b!1t ~hall affQrd the $ervjpe Contractor the ri.lh~ to tcstifv in the Service Contra~tor's own cJcfense. prqsent witnesses. be reoresentcd bv counsel. submit relevant evidence. mss ~xaminc witnesses and object to evidenc~. (5) The proceedinas shall be recorded and minutes kej)t bv the City. Any Servic~ Contractor rcquirina verbatim minutes for iudicial review JUlY arrallBe for the services of a coun reoomr at the expcnlC of the Service Contractor. (6) Within ten (10) days of the close of the heanoS[. the City Man.,er or the City Manager's desipee shall render a decision in writinR dcterminine whether OJ" not the Service CQI)tractor is iU compliance. or whether other action .0* be cakeD. or whether the matter shQ~ld ~ continued. as the case may be. and atMine. the te~~nl and findin2.s of fact. (7) The City Manapi' or the Cit.x Mana&~r's _imee shall file flodinlS with the City Clerk. and shall send a we and corm:t CODY of his order by certified mail. return receipt requested. or by hand delivery. to the business addre_s lIB the Service Contractor shall designate in writinS. '8) T~ City Mana~r's or desipcc's flodin,s shall constitute the fiD~ administrative ~tion of the <;it)' for pUIDOSCS of iudicial rcvi~ under state law. 60f9 (9) If a Service Contractor fails to seck timely appellate review of an order of the City Manll2er or the City ManaRef'S dcsience. or to comply timely with such order. the City may Dursue the enforcement of sanctions set forth in Section 2- 410 le). Cd Private R.I~ht of A~tion A_In. Service Contractor Anv Covered EmnJavee af O{ former Covered HmnlQvee of a Service Contractor may. iOltead of utilizina the Citv administrative orocedure ,et IMh in this Division but not in addition to such omcedUl'e. brinll an action bv flUoll suit laBins' the Covered Ernnlover in any court of comDetent i4risdiclion to enforce the nrovisions of this Division BDd. mav be awanied back DaV. benefits. attornev's fees. and COAtS. The a~licabl~ statute of limitations fQf s\JCh a claim will be two (~) vears as orovided in Florida Statutes Section 95.11(4)(c) for an action for oaYrnent of waaes. The court may also impose sanctions on the Service Contractor. includhUl those De1'ROns or entities aidinS!: or lbelttnsr the Service Contractor. to include wa2C restitution to the affected Covell!ld Bmnlovee and dama~s navable to the Covered Emnlovee in the sum of un to $500 for each week each Service Contractor is found to have violated this Division. (d) Sanctions A_Imt Seni(e Contractors. For violations of this Division. the City shall sanction a Service Contractor by reauiriQli! the Service Contractor to pay w_ae restitution at the employers ex-pense for each affected emplQvee and mav access the following: (I) The City DUtY impose damucs in the sum of $500 for each week for each emDloyee found to have not been paid in accordance with this Division: ~ (2) The at)' ~ susoend or terminate ()ayment under the Coverd Services contract or tenninate the contract with \he Servicc Contractor: andlor (3) The City may declare the cmDJover ioe)j2ibJe for future service contracts for th~ (3) )'Can or until all penalties and ~stitution have been paid in full. whicheY~ is lon2Cl'. In addilion. all employers shan be ineligible under this section where principal officers of the emplover were orincipal officers of an emDloyer who violated this Division. eel Public Rec:o~ of Sanctions. All such sanctions recommended or imposed shall be a J)1alt~r of public record. (f) SancUo.. for Aidlne and Abettin2. The sanctions in Section 2410 ee) shall also aODty to any party Of Danies Bidinsr and abetting in IWl violation of this Division, (g) RetaUatlon and Dllcrlmlnadon Barred. A Covered BmDlovcr shall not disch8l'2c. reduce the conwensation. or otherwise discriminate Bpinst any Covered BrnDloyee for making a complaint to the City. or otherwise usertig, his or her riRhts under this Division. participatinJ!: in any of its proceedin~s or using anv civil remedies to enforce tIis or her riFts under this Division. AlIcpticns of retaliation Of discrimination. if found t{Uc in a proceeding under pataltl'BDh (b) or by a court of comoetent iurisdiction under paraJfaoh let shall result in an order of restitution and reinstatement of a disch~ed Covered Employee with back p", to the date of the violation or such other relief as deemed ap,propriatc. 7of9 (h) Enforcement Powen. H necessary for the enforcement of this Division. the City .A_II''''''; Commission may issue subpoenas. conwel the attendance and testimony of witnesses and production of books. Dmera. recorda. and documents rel.tin, to Davroll records necessat)' for hearin2. inveatiJations. and proceedinp. In case of disobedience of the subpoenL the City Attorney may apply to a court of competent jurisdiction for an order rcquirin2 the attendance and testimony of witnesses and oroduction of books. P..-s. records. and documents. Said court. in the case of the refusal to obey such lulJpoena. after notice to the person sul:!poenaed. and upon findin, that the: attendance or testimony of such witnesses of the production of such books. Daners. records. and documents. as the case may be. is relevant or necessary for such beann,.. investiptions. or proccedinp. may issue an order reauinn2 the attendance or testimony of such witnesses or the production of such documents and any violation of the court's 0Jder may be punishable by the court as contempt thereof. (i) Remedies Herein Non.Excluslve. No reme4v set forth in this Division is intended to be exclusive or a prcreQJlisite for assertin, a claim for relief to enforce the nJllts under this Division in a court of law. This Division shall not be constnled to limit an emDlovee's right to bnnlJ a common law cause of action for wronpu) tennination. SECTION 2. REPEALER. AJJ ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section. subsection, clause. or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODDlCA TION. 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 C?f the City of Miami Beach. Florida. The sections of this Ordinance may be returned. 80f9 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 28th day of April. 2001. PASSEDandADOPfEDthis~dayof April.2001. A TTFST: .111 MAYOR ~2illl.J' YCCLJUA.- CITY CLERK 1st reading 2nd reading XX Ordinance No. 2001-3301 APPROVED AS TO FORM & LANGUAGe & FOR EXECUTION r-,"",~L Dale YOINY_~_--....._...._ 9of9 ORDINANCE NO. 2003-3408 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI, ENTITLED .'PROCUREMENT"; BY AMENDING DIVISION 6, ENTITLED .'LIVING WAGE REQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES";BY AMENDING SECTION 2-408(b), ENTITLED "HEALTH BENEFITS", THEREIN, TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "ELIGIBILITY PERIOD", AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY ANEW EMPLOYEE THE $8.56 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City award~ contracts to private firms to provide serVices for the public and also provides financial assistance to promote economic development and job growth: and WHEREAS, such expenditures of public money also serve a public purpose by creating jobs, expanding the City's economic base, and promoting economic security for all citizens; and WHEREAS, such public expenditures should be spent only with deliberate purpose to promote the creation of full-time, permanent jobs that allow citizens to support themselves and their families with dignity; and WHEREAS, sub-poverty level wages do not serve the publiC purpose, and such wages place an undue burden on taxpayers and the community to subsidize employers paying inadequate wages by providing their employees with social services such as health care, housing, nutrition, and energy assistance; and WHEREAS, the City has a responsibility when spending publiC funds to set a community standard that permits full-time workers to live above the poverty line, and therefore, contractors and subcontractors of City service contracts must pay their employees nothing less than the living wage herein described; and WHEREAS, in addition to requiring living wages for City services provided by private firms, the City wishes to serve as an example by providing a living wage to all City employees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT OF CITY CODE That Section 2-408(b), entitled "Health Benefits", ofOivlslon 6, entitled "living Wage Requirements for Service Contracts and City Employees", of Article VI, entitled "Procurement", of Chapter 2, entitled "Administration, of the Miami Beach City Code Is hereby amended to read as follows: Chapter 2 ADMINISTRA liON . * . Article VI. Procurement . . * Division 6. Living Wage Requirements for Service Contracts and City Employees . * . SECTION 2....08. LIVING WAGE . * . (II) Health Ii.Refits. Fer a C9'"leJed Employer 9r the Cit}' te Gemply 'fIMA tAG living wags prevision By Oh996iRg to pay the le\ver wage seale available 'I.-hen a C9\'8Fea implayer al69 pFGvides health beReme, .wch health BeRefits shall Gensist af payRlent 9f at lealt $1 .2ti per hewr tev.1fJrds the PFQ':iSiSR 9f health saFe benefits fer C9VeFeG impleyee6 8M their dependents. It the health benefits plan at the C9' Jered Empleyer 9r the City feqwifes an initial peFied af emplaymsRt far a Ae'." empleyee te tie eligible fer Reallh BeRefits (eligibility perloClt) EWER C9\I8F8ct Iimpleyer or City may Elwalify t9 pay tRe $8.66 par hoor wage soale Clt",Fing the neV': employee's eIi8i~i1ity peFiaEt pro-:iClted the Rew empleyee will be paid health ~enefit6 "'peR GempletieA of the eligitllllty poFioEt. Prom af the pFO\'ision of healtf:l beRefits A1WSt be 8",bmiUeEl te tRe a'NQJEjiRg awtf:leAty te Elyalify for the wage rate fer emplayee6 "'lith health benefits. Cb) Health Beneflt8: ellalbJlltv period. For a Covered EmDloverorthe Ctvto comDlvw~h the liYinc waca provision by choosina to pay the lower wace scale available when a Covered Emcloyer also crovides health benefits. such health benefits shall consist of payment of at least $1.25 Der hour toward the provision of health benefits for Covered EmDlovees and their deDendents. If the health benefits clan of the Covered Emplover or the City reouires an initial Deriod of emolovment for a new emclovee to be eliaible for health benefits (eUaibllity period) the Iivina wacs DIOvlslon shall be comcfied with as follows durina the eliclbllltv canod: (1) Provided the new emclovee will be cald health benefits UDon the comDletion of the eiiaibility Deriod. a Covered Emoloyer or the CitY may on Iv Qualify to cav the $8.56 Der hour wacs scale for a term not to exceed the first ninetv ~O) days of the new emclovee's elioibill1v cerlod. said term commencina on the emclovee's date of hire. (2) If the Covered EmDJovers or the City's eUalbll1tv cerlod exceeds the ninety (90) day tenn DI'Ovided in subsection (1) above. then the Covered EmDloyer or the CitV. commencing on the ninety first (91-) day of the newemDlovee's eligibility Derlod. must commence to Day a IMoo wace of not less than $9.81 an bour. Proof of the Drovision of health benefits must be submitted to the awardlna authority to Qualify for the waae rate for emDlovees with health benefits. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed . SECTION 3. SEVERABILITY. If any section, subsection, clause, or provision of this Ordinance Is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be returned. SECTION 5. EFFECTIVE DATE. PASSED and ADOPTED this 30th day of ,2003. ATTEST: MAYOR ~6 f{LtdM,. CITY CLERK .....,..., 19t reading 2nd reading "...."..10 POIIM aLANGUAGI! afORlX&CU11OH T:\AGENOAI2OO3\apr0903\regul-'Uvlng Wage Prob Per 04 03 ord.doe 1I~1 CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS IlERUY given lIIat public hNrlnll$ ~II be held by the Mayor IlllI City ~mmlS1ion ot the CIty r:I Miami 8Nch. FIorlCII.IrlIllt' Commiaalon Clllmblr., 3nllloor, ClIy Hall. 1700 Conven1lCln C..r Drive, Mi~i Bsach. Florlllil, on WIdnudIY. Ap1113D, 2IlI03, It.. *-1IIIICI1IIIDw 10 COOIilIsr t/It foIC1Willlllll1 nlll "ldlllll: II tlUll LIIl.: AN ORDINANCE oWENDING ORDNANCE NO. 1605. THE lIHClASStAED EMPLOYEES SAlAIIV ORDINANCE; INCREASING ON T1lE FIRST PAY PEIIIOD EMlIt<<! MAY .., 2003. THE MINIMUM OF THE RANGES BY .'" AND TIE MAXIMUM Of THE RANGES BY .%; RIO BV ESTAIIUStINIi TIlE Cl.ASSIFlCATIONS OF ASSISTAHT OlAECTOR - NElGHBOIIHOOD SERVICES, HOUSING MANAGER, OFFICE DF COMMUtIlY SfIMCES DMSION DIRECTOR. l.A8OIIllElAlIONS DMSION, DflEeTOR, lABOR IIElRIOHS TECIIMQAN I, SPeOAl. EVENTS COORDIMTOft. PUBUC Mr COOllOWATOA; AND AMENDING THE TITLES OF THE ClASSlFJCATlOftS OF HOUSING DEVELOPMENT DIVISION DIRECTOR 10 COMMUNITY DEYaOPMENT At./D HOUSING DIVISIOH DIRECTOR. LABOR RElATIONS TECHNICIAN TO LABOR IlB.ATIOMS TECHNICINf N. TMNNG OEVElOPMENT COORDINATOR TO OIlGANIlATlONAlllEVElOPMEHT AND TRAINING COORD/NATOlI, TRAINING SPS:lAUST TO OAGANIlATIONAL DEVflOPMENT ANO lRAftlNG SPt:CIALIST; AHD ASOLISHNG THE nne OF CLASSlFICAllOH OF ASSISTANT TO M NEfGH80RHODD SElMCES DIRECTOA, PACMOING FORA AEPfALfA. SfVERAllIlITY, EFfECTIVE DATE, AND CODlF/CAnON, II ,D:tII..IIi.: . AN ORDINANCE AMENDJlG OIlOWANCE NO. 789. THf IlASSIFIW EMf'UJYEES SAI.AIlV ORDINANCE, FlIl ClASSfRCAnoNS IN GAOOP VI, IIfING OntER CLASSIFICATIONS IN T1lE a.ASSlFIED SEAVlCf NOT COVERED BY A IWlGAIHING 111m INCREASING ON THE fllST PAY ,.moo EIIOING MAY 4. 2003, THE MINIMUM OF THE RANGES BY 4'111 AMP THE MWtfUM OF THE MNGES BY 411:AND BY esTAIIUSHING TIE otASSIFlCATlllN(SJ OF U R/Hl( TECH~ AND SANITA1lDIl OPERATIONS StJlEIM$OR; AMENDING THE Tm.ES Of ClASSlRCAnDNS OF PEIlSOIINEL TECHNICM I TO II\IAMN RESoURCES TECHIIItlAtII r. PERSONNEl. TEatNlCINt N TO HUMAN RESOURCel TECHNICIAN ft, PERSONNel TEC~ICWlII TO IOMN RESOORCES TEatNICIAN II; PROWlIHG RIll A RfIlEAWl, SE'JEMlIUTY. EFFECTIVE PATE, AND CODIRCAnON. .... ,/ II 1D:II..m.: )f AM ORDINANa AMEMDING CHAPTER 2 OF THE ~MMI BEACH CITY CODE EHmLED MADMINISTRAnON"; BY AMENDIH6 ARTJa.E VI, BITlIUD. "flAOCtItEMENT'; 8Y AMEMlfNG DMSlON e. ENTITUO "UVING WAGE AEOUlIlEMENTS FOR CITY SER\/ICE CONTMCTS AND CITY EMPLOYEES'; BY AMENDING SECTION 2-4011481. ENnTUD "1tfAl!H BENfflTS," THEREIN, TO PRESCAIIE A MAXIMUM PElllOO Of nME FOR THE "EUGIBllJlY PERIOD: AS SAME IS DEFINED THEREN. UNDER WHIat A coveRED CONTRACTOR MAY 0IlAUFV TO PAY A NEW EMPI..O'IEE TIlE $1.56 PER HOUR WAGE SCALE; PRGVrOlNG fOR REPfAlEfl. SEYERA8lUTY, CODIFlCAnON. AND AN EfFECTM DATE IIlqufrill mlW be d1rtclld 1D "" HumlllllelClUlllll.I(305l 673-7470. II U:lID....: . AN ORDItMNCE AMENDING SECllON 30-781111 OF THE MIAMI BEACH CnY CODE ENTITLED 'MJTlGATlOH," PROVIlING FOR MtTlGAnON HEARINGS TO BE ItEARD BY ntE SPECIAL MASTER WITHIN ONE YEAR OF THE ISSUANCE OF niE AFRDAVlT Of COMI'UAHCE; PROVIDING THE SPECIAl. MASTER _ ALSO HEAR MITIGATION REQUESTS BEYOND OflE YfAR AFTER THE AFFIDAVIT OF COMPLIANCe UPON APPROVAl OF THE ADMINlSTftATION; PIlCMDWG FOft A RH'EALER. SEVERABlUlY. COOlFlCAllON AND AN EFFECTIVE DATE. Inqulllll may be c1frectllllo III NllgbbortIaad SelVlCIIII (305) 804.2488 ALl. lNTfRESTED PARTIES .. invilld lD 'JIPIIl' at ItIII meslilg, or III represented br III 'gIIlt, or III opreu rhelr vIIws In writing .ddNMd fD th. CIIW Com/lllalilln, tJo Ihe City CIIltI. 1700 ConvIRlilll1 CIlIIsr Drive. 111 Floor. CIty Hall, MI.ml INCh, FIotidIl 33139. CopII. or tllne er..... _lIVIlI8Ille for Public Npldlar1 durtng normeJ 1lI1w. hOlftllllll. atr al/ll'll OffIce, 1700 ConvenllDn Center 0fNe. lit Floor, CIIJ ' HII, "'mi Beech. Flonda 33138. Thllll1l8ling Ill8J be COIIlnued .nd UIIm such d1cuRlIIaIQf ..dlllanallegal notte woulcl noI be Provldecl. ' AobIIt E. PwdIII. City Clerk CIty r:I MIIIIIllllach Putluenl to Section 288.0' OS. Fla. Stat, \hi CIty l1erIbV adVISt.\hI public tIlII: if a peIIlI/1 deCidlllD iPPIII any llllCillan llIIII. bJ 1111 aty Clmml.ion willi respect III anr ~ clll1lillerld at ill meetlno 01: III hearing. IUCh pelSClI\ must lRIure thaI . verllanm recanl ot 1111 pnICIIdInlll Is made, _II nICOnf includa .. tIIIlllllrlY and avIdlRCl upon which the appeeIlI to blllaled. Thill notice doll not caneIIIuII canllllt by the Cfty fur till Introduclioll or admlllion of olt1.rwiI. 1n8dnllslillle or Irrelevant evidenc.. nor dOlI It aUlllorlN cI1aIlengea or weal' not ClhrwiIe ellowed by law. In ICCllI'dIllCl wltIIllIe Am.rICIII. with DI8IblIIIi.. AcI or 19!1O, persona neadlno IPfNl uommodalilll1 to partlclpat. In Ihll prClCllldlng, or to lIIIUaI information on acceafllr ptrIOIlI wIIh dlllbilillll, or to requ.lllhla puIIllcallan In acl:e$Slbl. format, or IlII1qU1ft IlDn !enalllllllntalprell". shCUd c:omac1l1le CIty Clerk" ol(icI at l305) 673-7411, ao later Jhan faur dara prU 1D lIIe proceldlnjJ. III)arilg . Impli.ld. CIlIllllctlhe ClIy a.rk'l r:Illce Via th.FIorf~ .~II}' ~lVice 1Il/!ll~",I~DDJ. ~1771 (m) or (800)1165.8770 (YOICEI.' . I .~lOtw . .. . ..:\4~....'.'.':...'./;..':/"'." '" !l f :Il 'J .- ~ I i_ f . . . . SO . .. '. - .. . .... . J . J' _ ' ". CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY to ..... Condensed Title: An Ordinance amending the Living Wage Orclnance to provide a maximum health benefits e1IgIbRity p.-iod during which 8 contractor may pay a new employee the lower $8.56 rate. ..sue: Shall the City Commission create a consistency between the City and the City's contractors as to maximum eligibility period for health benefits during which a contractor may pay a new employee the lower $8.56 rate? Item Sum tRecommendatlon: Ordinance was approved by Commission 419103 and second reading, public hearing was set for 4130103. By adopting this Ordinance amendment. the Living Wage Ordinance will better ensure that contractors and subcontractors follow the Intent of the Living Wage Ordinance, continuing to set a community standard that ennlts full.time workers to live above the overt line. Advisory Board Recommendation: I NJA Financial Information: ~ -.: ~:~~;'~~.- :~.-:1'~' -~r u.~ .... '''''~;,.,,,,,,,,,<,'",,, ".....<~~... .., .' ~~ l: ,~..t.~/ $ :.:t;:~ ~... )::~v.""'. J Source of Fun.: Fi ance Dept. City Clerk'. Offtce legislative Tracking: I T.C. Adderty SI n..()ffs: ". <, D.. .r:tm.ni~DlN:olOt 'i< '.' i , . . ,P. . .... , ... ,-....... ',' " t;>j..J. ~( "\.C.A ......m.. ....." ..t...ie....... -...'"r.;.;.__." . . . ..... ~~n, ..' .~.Jt . ~.!." . ?7.l~. ENDA\2003wpr3003'ftgular'LMng Wage 91d Prob Per 04 OJIUm2.dOC AGENDA ITEM /?s-D DATE r:*J -O~ CITY OF MIAMI BEACH CITY HAlL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 WWN.miamlbeachfl. (IV To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez t ~ City Manager 0 Y' 0 Date: April 30. 2003 SECOND READING PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING CHAPTER 2 OF THE MIAMf BEACH CITY CODE ENTITLED "ADMINISTRATION"; BY AMENDING ARTICLE VI. ENnTLED "PROCUREMENT"; BY AMENDING DIVISION 8, ENTITLED "UVING WAGE ~EQUIREMENTS FOR CITY SERVICE CONTRACTS AND CITY EMPLOYEES"; BY AMENDING SECTION 2- 408(b), ENTITLED "HEALTH BENEFITS", THEREIN. TO PRESCRIBE A MAXIMUM PERIOD OF TIME FOR THE "EUGIBILITY PERIOD". AS SAME IS DEFINED THEREIN, UNDER WHICH A COVERED CONTRACTOR MAY QUALIFY TO PAY A NEW EMPLOYEE THE $8.&6 PER HOUR WAGE SCALE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends adopting the Ordinance. ANAL VSIS The City has a responsibility when spending public funds to set a community standard that permits full-time workers to live above the poverty line. In an effort to achieve thIs goal, contractors and subcontractors of City service contracts must pay their employees nothing' less than the living wage. Such expenditure of money also serves the public purpose by creating jobs, expanding the City's economic base and promoting economic security for all citizens. General Criteria of Llvlna Waa. Ordinance The intent of a Living Wage continues to be to provide salary rates for full-time employees equivalent to the poverty level plus 10%, and therefore, eliminate sub-poverty level wages. The Ordinance provided for a salary of $8.56 per hour for employees who already receive health benefits and $9.81 per hour for employees without health benefits. The Living Wage Ordinance applies to City employees, contractors, and subcontractors of City service contracts of $100,000 or more. Per Section 2-408 (b) of the Living Wage Ordinance, ulf the health benefits plan of the Covered Employer or the City requires an Initial period of employment for a new employee to be eligible for health benefits (eligibility period} such Covered Employer or City may qualify to pay the $8.56 per hour wage scale during the new employee's initial eligibility period provided the new employee will be paid health benefits upon completion of the eligibility period." City of Miami Beach employees are eligible for health benefits after 90 days of employment. This means that the City is pennitted to pay an employee the lower $8.56 rate during those first 90 days of employment because the employee will be eligible for health benefits on the 91st day. If the new employee is nolbe eligible for health benefits, then the City must pay the higher rate of $9.81 beginning on the first day of employment. It is proposed that the Ordinance be amended to have a consistent provision for contractors as to the maximum eligibility period. The proposed Ordinance amendment would permit contractors to pay a new employee the lower rate during the first 90 days of the eligibility period. If the contractor's eligibility period is greater than 90 days, then, commencing on the 91st day of the eligibility period, the contractor will pay the employee the higher rate of $9.81 until the employee receives health benefits. CONCLUSION By adopting this Ordinance amendment, the Living Wage Ordinance will better ensure that contractors and subcontractors follow the Intent of the Living Wage Ordinance, continuing to set a community standard that permits full-time workers to live above the poverty line. JMG:MDB:TCA:GPL T:\AGENDA\2003\;1~OO3l1eguIar\LMng WIII8 8\d pIOb pet 04 03 mem2.dcc Attachment "E" Request for Proposals No. 15-05/06, Addendum No.1 & 2 thereto, and Contractor's response to the Proposal. 18 REQUEST FOR PROPOSALS REMOVAL AND DISPOSAL OF DERELICT VESSELS RFP # 1 5-05/06 BID OPENING: April 10, 2006 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F:\PURC\$ALL\Maria\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP 15-05-06 REMOVAL&DISPOSALOF VESSELS.doc <9 MIAMI BEACH RFP No: 15-05/06 1 of 33 G MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE REMOVAL AND DISPOSAL OF DERELICT VESSELS Request for Proposals (RFP) No. 15-05/06 In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of this RFP is to retain a sea-towing disposal contractor that will assist the City in the removal and disposal of derelict vessels from public waters. The scope of services for the above subject RFP includes: 1. Dive, patch and re-f1oat with a pollution stand-by crew which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels, 2. Tow re-floated vessels to a county landfill area for disposal. 3. Documentation of all work performed. Sealed proposals will be received until 3:00 PM on April 1 0, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on April 1 0,2006 will be returned to the contractor unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the contractor. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Submission Meeting is scheduled for March 27, 2006 at 10:00 a.m. at the following address: City of Miami Beach City Hall 1700 Convention Center Drive Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida. The City of Miami Beach has contracted with BidNet and has begun utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this new South Florida Purchasing system allows for vendors to register March 17, 2006 RFP No: 15-05/06 City of Miami Beach 2 of 33 online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home 1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a source of information but is not mandatory. Contractors interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Contractors, who are interested in participating via telephone, please send an e-mail to mestevez@miamibeachfl.gov expressing your intent to participate via telephone. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WE BS ITE: http://www . miamibeachfl.aov/newcitv/depts/purchase/bidintro. asp · CONE OF SILENCE -- ORDINANCE NO. 2002-3378 · CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. · DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. · PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. · LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363. · LIVING WAGE REQUIREMENT --ORDINANCE NO. 2001-3301. Pursuant to City of Miami Beach Living Wage Ordinance, as codified in Chapter 2, Division 6, Section 2-407 thru 2-410 of the Miami Beach Code, all service contractors, entering into a contract with the city shall pay to all its employees, a living wage of not less than $8.56 an hour with health benefits, or a living wage of not less than $9.81 an hour without health benefits. For a covered employer to company with the living wage provision by choosing to pay the lower wage scale ($8.56/hour) when a covered employer also provides health benefits, such health benefits shall consist of payment of at least $1.25 per hour toward the provision of health benefits for covered employees and their dependents. Sincerely, f~ Gus Lopez, CPPO Procurement Director March 17, 2006 City of Miami Beach RFP No: 15-05/06 3 of 33 (9 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305.673.7851 TABLE OF CONTENTS Paae I. REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE PROCEDURES A. Introduction/Analysis B. Purpose C. RFP Time Table D. Qualification Submission E. Pre-Proposal Submission Meeting F. Contact Person 5 5 5 5 6 6 II. SCOPE OF SERVICES 8-9 III. PROPOSAL FORMAT 10-11 IV. MINIMUM REQUIREMENTS I QUALIFICATIONS 12 V. EV ALUA TION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 13-14 VI. LEGAL TERMS AND CONDITIONS /INSURANCE 15-19 VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 20-33 -Cost Information -Organizational Chart -Risk Assessment Plan -Acknowledgment of Addenda 22 -Declaration 23 -Sworn Statement/Section 287.133(3)(a), Florida Statutes - Public Entity Crimes 24-25 -Questionnaire 26-30 VIII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS 31-33 - Performance Evaluation Letter - Performance Evaluation Survey 32 33 March 17,2006 City of Miami Beach RFP No: 15-05/06 4 of 33 SECTION I - OVERVIEW A. INTRODUCTION I BACKGROUND In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of this RFP is to retain a sea-towing disposal contractor that will assist the City in the removal and disposal of derelict vessels from public waters. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and insured contractor with expertise in the removal of vessels would allow the City to respond in a more expeditious manner. B. PURPOSE It is the intent of this RFP is to use the "Best Value" Procurement process to select a contractor with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance in providing high quality graffiti removal services. C. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued March 15, 2006 Pre-Proposal Submission Meeting March 27, 2006 Deadline for receipt of questions March 31, 2006 Deadline for receipt of responses I Proposals April 10, 2006 Evaluation committee meetings April 2006 Commission Approvall April/ May 2006 Authorization of negotiations Contract negotiations Projected contract start date May May/June 2006 2006 D. PROPOSALS SUBMISSION An original and ten (10) copies of Contractors' proposal will be received until 3:00 p.m. on April 1 Oth, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Contractor's name, address, telephone number, RFP number and title, and due date. No facsimile or e-mail responses will be considered. March 17, 2006 City of Miami Beach RFP No: 15-05/06 5 of 33 The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the contractor. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFP due date and time will not be accepted and will not be considered. E. PRE-PROPOSAL SUBMISSION MEETING A pre-Proposal submission meeting is scheduled for March 27th, 2006 at 10:00 a.m. at the following address: City of Miami Beach City Hall Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida. Attendance (in person or via telephone) is encouraged and recommended as a source of information but is not mandatory. Contractors interested in participating in the pre-RFP submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Contractors who are interested in participating via telephone, please send an e-mail to the contact person listed on the next page, expressing your intent to participate via telephone. F . CONTACT PERSON The contact person for this RFP is Maria Estevez, Procurement Coordinator. Ms. Estevez may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-Mail: mestevez@miamibeachfl.gov. The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Contractors relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement Director. Facsimile or e-mail requests are acceptable. Please sent all questions to mestevez@miamibeachfl.aov and copy the City Clerk's office RobertParcher@miamibeachfl.aov. The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFP. Contractors should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Contractors are advised that oral communications between the Contractors or their representatives and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. March 17. 2006 City of Miami Beach RFP No: 15-05/06 6 of 33 G. TERM OF CONTRACT This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of three (3) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional three (3) year period on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative- not a right of the contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. Option to Renew I Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial three (3) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index - All Urban Areas (CPI-U) as published by the U.S. Department of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. March 17. 2006 City of Miami Beach RFP No: 15-05/06 7 of 33 SECTION II -- SCOPE OF SERVICES 1.Scope of Services Dive, patch and re-float with a pollution stand-by crew whipch will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. Tow re-f1oated vessels to a county landfill area for proper disposal. 2. Environmental Protection Any vessels which are to be removed and disposed of at a landfill shall be removed from its present site in such a manner as to not impact or damage the natural environment. ("surrounding the vessel" will limit to just that area) All debris from the vessel shall be removed and the site left in a reasonable clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water and land. The following items must be accomplished: a) All oil must be removed from tanks, pipes, bilges, etc, to ensure that no pollutants enterthe water (steam cleaning is preferred) b) All watertight doors/hatches/bottom tank covers, etc. must be removed or welded open. c) Any items that may float free when the vessel sinks must be removed from the vessel d) Any items that may float free when the vessel sinks must be removed from the vessel e) All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept. f) Sufficient ballast to maintain location of vessel on ocean bottom must be placed in the vessel shall consist of clean concrete. 3. Accident Prevention and Barricades Precautions shall be exercise at all times for the protection of persons and property. All vendors performaing services under this contract shall conform to all relevenat Federal, State, and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requiremtens shall e borne solely by the responsible vendor. Barricades shall be provided by the vendor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 4. Clean-up All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropiate manner. Upon final completion, the vendor shall throughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 5. Cost Estimates for Each Project The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific is issued. The estimate must reflect the regulat hourly wages for each classification presented in this contract, and th percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum esimates shall not be accepted. The actual charge to the City from an awared vendor for a specific project March 17,2006 City of Miami Beach RFP No: 15-05/06 8 of 33 shall not exceed ten percent (10%) of the vendor's initial estimate without the expressed prior approval an authorized agent of the City. 6. Labor, Materials, and Equipment The contractor shall furnish al labor, material, and equipment necessary for satisfactory contract performance. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 7. Legal Requirement for Pollution Control It is the intent of these specifications to comply with the Miami-Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance may be obtained, if necessary, through the Department of Environmental Resources Management (DERM), 33 SW 2nd Ave., Miami, Florida 33130, Telephone (305) 372-6789. The contractor shall comply with all requirements of the Federal Water Pollution Control Act. 8. Licenses, Permits, and Fees The contractor shall obtain and pay for all licenses, permits, and inspections fees required for this project; and shall comply with all laws, ordinances, regulations and buildings code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 9. Local Office The contractor shall maintain an office within the geographic boundaries of Miami- Dade, Broward, or Monroe Counties, Florida. This office shall be staffed by a competent company representative who can be contacted during normal working hours and who is authorized to discuss matter s pertaining to the contract. 10. Work Assignments All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number of frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/ or specifications for each assignment will be made by the City Department. The City Department will notify the contractor of each work assignments; at which time the contractor and the City Department will mutually agree, in writing, of the beginning and ending dates of the work assignment, the contractor shall be responsible for the proper and necessary use of the materials in performance of the work. 11. Proof of Proper Disposal and Notification to Marine Patrol a) The contractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site, telephone number and title, and signature of person at disposal site. b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and showing its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. 12. Restoration Property Property public or private, if damaged during construction or removed for convenience of the work shall be repaired or replaced at the expense of the vendor in a manner acceptable to the Project Manager prior to the final acceptance of the work. Such facilities shall include but are not limited to: walls, boating ramps, sod, and walkways. March 17, 2006 City of Miami Beach RFP No: 15-05/06 9 of 33 SECTION III - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Contractors must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of proposal. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Contractors professional specialization, provide past experience to support the qualifications of the submitter. Interested Contractors should submit documents that provide evidence as to the capability to provide grounds maintenance services. b) Cost Information: Cost information must be submitted with your proposal, and if selected as successful contractor, cost will be negotiated. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 30 and 31, and request that your client submit the completed survey to the contact person listed on page 6. d) Past Performance Information: Past performance information will be collected on all contractors. Contractors are required to identify and submit their best projects. Contractors will be required to send out Performance Evaluation Surveys to each of their clients. Contractors are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. e) Qualifications of Contractor Team: Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project f) Risk-Assessment Plan (RAP): All contractors must submit a Risk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should address the following items in a clear and generic language: (1 ) What risks the project has. (Areas that may cause the contractor not to finish on time, not finish with budget, cause any change orders, or March 17, 2006 City of Miami Beach RFP No: 15-05/06 10 of 33 be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 20-28); March 17, 2006 City of Miami Beach RFP No: 15-05/06 11 of 33 SECTION IV - MINIMUM REQUIREMENTS I QUALIFICATIONS 1. The contractor shall submit incorporation or other business entity I form documentation. 2. The contractor to whom award is made under this solicitation must be currently licensed in the following: a) Marine Towing and Recovery b) Marine Diving and Salvage c) Demolition Contractor d) Marine Contractor I Marine Construction 3. The contractor must have access to appropriate water bound equipment such as tug boats, towboats, barges, and cranes. 4. The contractor must have a minimum of three (3) years of experience in the removal and disposal of derelict vessels. 5. The contractor must have am established business which is regularly engaged in the business of performing the service as described in this Request for Proposals. 6. The contractor must provide a facsimile machine or e-mail address to facilitate order requests. March 17, 2006 City of Miami Beach RFP No: 15-05/06 12 of 33 SECTION V - EVALUATION/SELECTION PROCESS The procedure for response evaluation and selection will be as follows: · RFP issued. · Receipt of responses. · Opening and listing of all responses received. · An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. · The Evaluation Committee will recommend to the City Manager the response(s) which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: 1. The experience and qualifications of the contractor (20 points). 2. Cost (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). · The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. · After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. · The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. · Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period of time. · A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. · If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (have) done so. March 17, 2006 City of Miami Beach RFP No: 15-05/0p 13 of 33 Important Note: By submitting a response, all contractors shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. March 17, 2006 City of Miami Beach RFP No: 15-05/06 14 of 33 SECTION VI - LEGAL TERMS AND CONDITIONS/INSURANCE A. MODIFICATIONIWITHDRAWALS OF SUBMITTALS A contractor may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENT/CANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY CONTRACTORS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the contractor (s) and not be reimbursed by the City. - D. EXCEPTIONS TO RFP Contractors must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Contractors are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. F . NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. March 17. 2006 City of Miami Beach RFP No: 15-05/06 15 of 33 G. PROTEST PROCEDURES Contractors that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS Contractors are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. I. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. l. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. March 17, 2006 City of Miami Beach RFP No: 15-05/06 16 of 33 N. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. - P. INDEMNIFICATION The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from l~e negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. March 17. 2006 City of Miami Beach RFP No: 15-05/06 17 of 33 S. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty (30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful consultant upon a termination as provided for in this section. T. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFU, or bid. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 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 March 17.2006 City of Miami Beach RFP No: 15-05/06 18 of 33 Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties. March 17, 2006 City of Miami Beach RFP No: 15-05/06 19 of 33 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H / Jones Act per Federal Law (If required). XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3.Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. _ 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must b~ stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond $ $ $ $ $ .00 .00 .00 .00 .00 XXX Professional Liability $1,000,000 .00 XXX 7.Thirty (30) days written cancellation notice required. XXX a.Best's gUide rating B+: VI or better, latest edition. XXX 9.The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Vendor Signature of Vendor March 17, 2006 City of Miami Beach RFP No: 15-05/06 20 of 33 March 17,2006 City of Miami Beach SECTION VII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP No: 15-05/06 21 of 33 REQUEST FOR PROPOSALS NO. 15-05/06 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP:03- 05/06 Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff - Name of staff Date (Contractor -Name) (Date) (Signature) March 17,2006 City of Miami Beach RFP No 15-05/06 22 ::>f 33 DECLARA TION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of ,2006. The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The consultant states that the response is based upon the documents identified by the following number: RFP NO.15-05/06 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) March 17, 2006 City of Miami Beach RFP No: 15-05/06 23 of 33 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [Print name of public entity] By [Print individual's name and title] For [Print name of entity submitting sworn statement] Whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 4. I understand that a "public entity crime" as defined in Paragraph 287 .133( 1 )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or oftheUnited States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133 (1 )(a), Florida Statutes. means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. March 17, 2006 City of Miami Beach RFP No: 15-05/06 24 of 33 I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate ofthe entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 5) 6) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FO.RM [Signature] Sworn to and subscribed before me this day of ,2006 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) March 17, 2006 City of Miami Beach RFP No: 15-05/06 25 of 33 QUESTIONNAIRE Consultant's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corooration. answer this: When Incorporated: In what State: If a Foreian Corooration: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors Questionnaire (continued) March 17, 2006 City of Miami Beach RFP No: 15-05/06 26 of 33 If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating AlE business: 2. Have any agreements held by Consultant for a project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: March 17, 2006 City of Miami Beach RFP No 15-05/06 27 of 33 Questionnaire (continued) 4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (1 0%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) March 17, 2006 City of Miami Beach RF P No 15-05/06 28 of 33 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. March 17, 2006 City of Miami Beach RFP No: 15-05/06 29 of 33 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications ofthe Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: March 17, 2006 City of Miami Beach RFP No: 15-05/06 30 of 33 SECTION VIII - BEST PERFORMANCE PROCUREMENT INFORMATION DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENT March 17, 2006 City of Miami Beach RFP No: 15-05/06 31 of 33 G MIAMI BEACH city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachR.gov PROCUREMENT DIVISION Tel: 305-673-7490 I Fox: 305-673-7851 March 23. 2006 RE: ADDENDUM NO.1 TO REQUEST FOR PROPOSALS (RFP) No. 15-05106 - REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP") The RFP is hereby clarified and amended as follows: I. Please be advised that any and all reference to experience as grounds maintenance services or graffiti removal services has been deleted and substituted by removal and disposal of derelict vessels. II. The attached cost proposal form must be submitted with your proposal. The cost per foot must include all services outlined in Section II, Scope of Services. III. Additionally, you must submit as an add alternate, your proposed pricing for vessels that are sunken (i.e. lying at the bottom of a body of water). The cost associated with sunken vessels will be in addition to the cost provided above, and will only be applied in instances when vessels are sunken. IV. Section II on page 8, Subdivision 5, entitled yeost Estimates for Each Projecr, Is revised (words added are denoted by an underscore; words deleted are denoted by a strikethraugh) to read as follows: 5) The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific Droiect is Issued. The estimate must reflect the regular hourly wages for each classification presented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be Itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City from an awarded vendor for a specific project shall nat eKQsee ten per6eRt (10%) of t~e '/eRder's initial sstlRlate 'J.'itt-lowt .As expreEEod prior approval an autAorizee agent of #Ie City must be in accordance with the cost information submitted in reSDonse to the RFP. and aCCBDtance of same bv the Cltv. V. Section II on page 9, Subdivision 8, entitled "Proof of Proper Disposal and Notification to Marine Patrol-, Is revised (words added are denoted by an underscore; words deleted are denoted by a strlkethFel:lgh) to read as follows: I a) The cOntractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site, DV number, telephone number and title, and signature of person at disposal site. March 23. 2006 (Amended).City of Miami Beach RFP No: 16-061'08 b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and showing Its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. VI. Evidence of Insurance Requirements specified on page 20. "The Insurance Check Ust" of this RFP which Includes also the U.S. L. & H. (longshoreman's and Harbor workers Insurance) may be required within (5) days after Proposal Opening. Contractors are reminded to please acknowledge receipt of this addendum as part of your proposal submission. The proposed pricing information requested herein must be submitted with your proposal in order to be deemed responsive and receive consideration. Contrac~ors that have elected not to submit a proposal must complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. F:\PURC\$AlL\Maria\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP-15-05-06A 1.doc March 23. 2006 (Amended) CIty of Ml.ml Beech RFP No: 1s.o6106 COST PROPOSAL PER FOOT RATES FOR VESSELS THAT ARE NOT SUNKEN Vessels up to 10' Vessels from 11' to 20' Vessels from 21' to 30' Vessels from 31' to 40' Vessels from 41' to 60' Vessels from 61' to 80' Vessels greater than 80' PER FOOT RATES FOR VESSELS THAT ARE SUNKEN (I.e. lying at the bottom of a body of water) Vessels up to 10' Vessels from 11' to 20' Vessels from 21' to 30' Vessels from 31' to 40' Vessels from 41' to 60' Vessels from 61' to 80' Vessels greater than 80' Mefd't 23. 2008 (Amended) City of MIami Beach RFP No: 15-05fOll f9 MIAMI BEACH City of Miami Beach, 1700 Convenlion Cenler Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673.7851 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 SUBMllTED 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 the 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 being removed from the City's bid list. March 23, 2006 (Amended) City of Mleml Beach RFPNo:1~ e MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w\''"'I'I.rniamibeachA.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 November 30,2006 RE: ADDENDUM NO.2 TO REQUEST FOR PROPOSALS (RFP) No. 15-05/06- REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP") In response to questions and requests for additional information received by prospective contractors, the RFP is hereby clarified and amended as follows: I. The deadline for receipt of proposals has been changed from April10, 2006 to April 17,2006 at 3:00 p.m. II. Any and all references to cost information have been deleted. Consequently, the evaluation criteria to be utilized by the Evaluation Committee has been revised as follows: 1. The experience and qualifications of the contractor (20 points). 2. Integrity, character, and judgement of the contractor (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). III. Prior to the removal of any vessel, the City will determine if the vessel is salvageable. Should the City determine that the vessel is salvageable, the City will instruct the contractor of where to transport said vessel. Contractor and City will agree upon the cost associated with transportation of said vessel. IV. The City will request pricing information from any or all contract awarded vendors on a vessel speCific basis, as the need arises. Contractors are reminded to please acknowledge receipt of this addendum as part of your proposal submission. Contractors that have elected not to submit a proposal must complete and retum the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH f~ Gus Lopez, CPPO Procurement Director F:\PURC\$ALL\Maria\RFP'S\05-06\RFP-15-05-06 Derelict Vessels\RFP-15-05-06A2.doc April 4. 2006 (Amended) City of Miami Beach RFP No: 15-05/06 / .-:) V \J Condensed Title: Accept the City Manager's Recommendation Pertaining to the Ranking of Contractors Pursuant Request For Proposals No.15-05/06, Removal and Disposal of Derelict Vessels; Authorizing to Enter Into Negotiations with the Four (4) Ranked Proposers; and Authorizing the Mayor and City Clerk to Execute AQreements Upon Conclusion of Successful Neaotiations. COMMISSION ITEM SUMMARY Ke Intended Outcome Su orted: To Improve The Cleanliness of Miami Beach Waterways. Issue: Shalf the City Commission adopt the Resolution? Item Summary/Recommendation: On March 8, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels. The RFP process seeks to select qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels from public waters to comply with the City Key Intended Outcome to improve the cleanliness of Miami Beach waterways. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and insured contractor with the expertise on in the removal of vessels would allow the City to respond in a more expeditious manner. The City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the Committee") that convened On June 5, 2006. After evaluation of proposals and presentations from Contractors, It was the Committee's overall opinion that only four (4) contractors scored high enough to be deemed qualified to provide services to the City: (1) Blue Water Marine Services,(2) Dock and Marine Construction, (3) H20 Tow, and (4) Biscayne Towing & Salvage. . ADOPT THE RESOLUTION. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: islative Trackin PO JMG nt Director City Manager m ..., MIAMIBEACH AGENDA ITEM DATE C7V 7-{,1-0(, m MIAMI BEACH city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.micmibeachR.gov COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ July 12, 2006 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF CONTRACTORS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06, FOR REMOVAL AND DISPOSAL OF DERELICT VESSELSj AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOUR (4) TOP RANKED PROPOSERS, BLUE WATER MARINE SERVICES, DOCK AND MARINE CONSTRUCTION, H20 TOW, AND BISCAYNE TOWING & SALVAGEj AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION TO: FROM: DATE: SUBJECT: Adopt the Resolution. ANAL YSIS On March 8, 2006, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels. The RFP process seeks to select qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels from public waters to comply with the City Key Intended Outcome to improve the cleanliness of Miami Beach waterways. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and insured contractor with the expertise on in the removal of vessels would allow the City to respond in a more expeditious manner. The scope of services include: 1. Dive patch and re-f1oat with a pollution stand-by crew the vessels which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels. 2. Tow re-floated vessels to a county landfill area for disposal. 3. Documentation of all work performed. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs. Commission Memorandum - RFP-15-05l06 July 12, 2006 Page 2 of 4 RFP No. 15-05/06 was issued on March 17, 2006 with an opening date of April 17 . 2006. A pre-proposal conference to provide information to contractors submitting a response was held on March 27, 2006. BidNet issued bid notices to eight (8) prospective proposers and twenty eight (28) proposers were notified via mail, e-mail, and fax circulation, which resulted in the receipt of following five (5) proposals: 1. BLUE WATER MARINE SERVICES 2. DOCK AND MARINE CONSTRUCTION 3. H20 TOW 4. BISCAYNE TOWING & SALVAGE 5. DRC EMERGENCY SERVICES The City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the Committee") consisting of the Following individuals: · Joel Aberbach, Miami Beach Resident, Member of the Miami Beach Marine Authority · Donald Blechman, Miami Beach Resident, Member of the Miami Beach Marine Authority · Lisa Botero, Environmental Specialist, Public Works Department · Frank de la Torre, Officer, Florida Fish and Wildlife Commission · Debra Ruggerio, Miami Beach Resident, Leadership Academy Graduate · Dale Twist, Sergeant Police, Miami Beach Marine Police Patrol Department · Donald Druitt, Emergency Management Coordinator, Fire Suppression Department On June 5, 2006. the Committee convened. Committee members Dale Twist and Frank de la Torre were unable to attend. The Committee was provided information on the scope of the project by Donald Druitt, Emergency Management Coordinator, and staff from the City's Procurement Division. The Committee unanimously nominated Donald Druitt as Chair of the Committee. The Committee was also provided presentations by all contractors who provided a response to this RFP. In addition, Committee members were provided with Performance Evaluation Surveys received from past and current clients of the contractors being evaluated. The following Evaluation Criteria was used to evaluate and rank the contractors: 1. The experience and qualifications of the contractor (20 points). 2. Integrity, character, and judgement of the contractor (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). After evaluation of proposals and presentations from Contractors, the Committee discussed the evaluation criteria. The method of ranking the contractors utilized by the Committee was the following: The contractors with more than 50% of the Committee Members' first-place votes will be deemed the top-ranked contractor; subsequent contractors or contractors not receiving the majority of the Committee Member's first-place votes will be ranked based on the total low aggregate ranked score. It was the Committee's overall opinion that only four (4) contractors scored high enough to be deemed qualified to provide services to the City. A motion was recommended by Donald Druitt (Chair) and, seconded by and approved by all Committee members for Blue Water Marine Services, Dock and Marine Construction. H20 Tow, and Biscayne Towing & Salvage to be recommended for potential award of contracts, adding that this option would Commission Memorandum - RFP-1 ~O5l06 July 12, 2006 Page 3 of 4 be the most flexible and advantageous option for the City in the event of an emergency, such as a hurricane. The final scoring was as follows: '11i?,:;"r.'- I,' \...... ,..."......~ -It':. !.. " " , ...., _ ",' ~ : '. ,- 1: . , ~ ~ , , , ^ , ~ ~ l' . I'.. .~~; ~ ," ~ ),:. ;;. ~~, '.;~", ;,:, ,'", '~, .: :. '.~ DONALD DONALD JOEL LISA DEBBRA BLECHMAN DRUITT ALBERBACH BOTERO RUGGERIO TOTALS DRC EMERGENCY SERVICES BLUE WATER MARINE SERVICES H20 TOW BISCAYNE TOWING & SALVAGE DOCK AND MARINE CONSTRUCTION K"; 'f' . ......; ~''''"'Lr11i''T~~1~1I~ 'f' \ ~ " '~,~~ ~ ':~'_'" :. ~h';'::~"~"~I...:~. DRC EMERGENCY SERVICES BLUE WATER MARINE SERVICES 5 5 H20 TOW BISCA YNE TOWING & SALVAGE DOCK AND MARINE CONSTRUCTION 2 1 2 1 2 2 2 2 1 FINAL RANKING ORDER 1. BLUE WATER MARINE SERVICES 2. DOCK AND MARINE CONSTRUCTION 3. H20 TOW 4. BISCAYNE TOWING & SALVAGE 5. DRC EMERGENCY SERVICES 132 482 398 398 423 Commission Memorandum - RFP-15-05l06 July 12, 2006 Page 4 of 4 CONCLUSION A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida accepting the recommendation of the City Manager pertaining to the ranking of contractors pursuant to Request for Proposals (RFP) No. 15-05/06, for Removal and Disposal of Derelict Vessels; Authorizing the Administration to enter into negotiations with the four (4) top ranked proposers Blue Water Marine Services, Dock and Marine Construction, H20 Tow, and Biscayne Towing & Salvage; and further Authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiation by the Administration. T:\AGENDA \2006~uI1206\cansent\RFP-15-05-06 Derelict Vessels-Merna. doc RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF CONTRACTORS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 15-05/06, FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FOUR (4) TOP RANKED PROPOSERS, BLUE WATER MARINE SERVICES, DOCK AND MARINE CONSTRUCTION, H20 TOW, AND BISCAYNE TOWING & SALVAGE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals (RFP) No. 15-05/06 for Removal and Disposal of Derelict Vessels was issued on March 17,2006 with an opening date of April 17, 2006; and WHEREAS, the RFP process seeks to select qualified sea-towing contractors that would assist the City in the removal and disposal of derelict vessels from public waters; and WHEREAS, a pre-proposal conference to provide information to contractors submitting a response was held on March 27.2006; and WHEREAS, BidNet issued bid notices to eight (8) prospective proposers, and an additional twenty eight (28) proposers were notified via mail, e-mail, and fax circulation, which resulted in the receipt of five (5) proposals; and WHEREAS, the City Manager via Letter to Commission (LTC) No. 116-2006, appointed an Evaluation Committee ("the Committee") consisting of the Following individuals: · Joel Aberbach, Miami Beach Resident, Member of the Miami Beach Marine Authority; · Donald Blechman, Miami Beach Resident, Member of the Miami Beach Marine Authority; · Lisa Botero, Environmental Specialist, Public Works Department; · Frank de la Torre, Officer, Florida Fish and Wildlife Commission; · Debra Ruggerio, Miami Beach Resident, Leadership Academy Graduate; · Dale Twist, Sergeant Police, Miami Beach Marine Police Patrol Department; · Donald Druitt, Emergency Management Coordinator, Fire Suppression Department; and WHEREAS, on June 5, 2006, the Committee convened (members Dale Twist and Frank de la Torre were unable to attend); and WHEREAS, the Committee was provided information on the scope of the project, past performance evaluation surveys, risk assessment plans, and evaluation criteria; and WHEREAS, the Committee was also provided presentations by all responsive proposers; and WHEREAS, following presentations, the Committee discussed the evaluation criteria and ranked the proposals as follows: (1 )Blue Water Marine Services;(2)Dock and Marine Construction; (3)H20 Tow; and (4)Biscayne Towing & Salvage; and WHEREAS, the City Manager concurs with the Committee's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manger pertaining to the ranking of contractors pursuant to Request for Proposals (RFP) No. 15-05/06. for Removal and Disposal of Derelict Vessels; authorize the Administration to enter into negotiations with the four (4) top-ranked proposers. Blue Water Marine Services, Dock and Marine Construction. H20 Tow, and Biscayne Towing & Salvage; and further authorize the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS DAY OF 2006. ATTEST: CITY CLERK MAYOR T:\AGENDA\2006~uI1206\consent\RFP-15-o5-o6 Derelict Vessels - Re50lution..doc APPROVED AS TO FORM & lANGUAGE &FOR CUnON ~/2.fl" Date ! ! . . . I I DOCK & MARINE CONSTRUCTION , 752 NE 79th Street (305) 751-9911 Miami, Florida 33138 (305) 751-4825 fax FACSIMILE TRANSMITTAL SHEET TO: FROM: Maria Estevez Alyssa Larson COMPANY: DATE: City of Miami Beach 5/5/06 FAX NUMBER; TOTAL NO. OF PAGES INCLUDING COVER: I 305-673-7851 - I PHONB NUMBER: RE: I o URGENT o FOR REVIEW o PLEASE COMMENT o PLEASE REFLY o PLEASE RECYCLE NOTES/COMMENTS: 1fT can be of any further assistance, please contacr our office at (305) 751-9911. ! , I 1 ! l j I . "......"'---... .. - . .,. . . ...... ....... .-............ I '," ---- I 255 NE 158th Street Miami, FL 305-945-5297 dockan::lmarine@bellsoulh.net Glen larson III,actlve Provide information for Miami Beach Bid EXI,,'eICI 1989-2006 Dock and Marine Construction Vlel Preside.. · Supervise all job snes · Quote jobs · Operate barge, crane, tug, on the job experience · Diver, salvage, rescue, captain, firefighting, mechanical skills · Engineering experience · Family run business established in the late 40's Miami, FL Education 1993- 2000 8usln.ss Adminlllrltlon FlU Miami, FL Intl,ests Fishing, boating, diving, fine carpentry, restoring muscle cars, HllefU.CIS References are available on request. 269 NE 158'" Street Miami, FL 786-514-1931 Sean Haviland IIUecllve Miami Beach Derelict Vessel Bid Experience 1992-1996 Fantastic Botanical Gardens llndlc..er · Landscape Design · Operate Machinery such as bobcat, back ho, forklift · Planting Plants Miami, FL 1996-2001 City of North Miami MII.tenllce Supervisor · Oversee maintance crews · Heavy Equipment Operator Miami,FI Current Dock and Marine Construction Cranl/lar.e Iperl.r · Build Docks and Seawalls · Pile Driving · Read Plans · Operate C/'El1e and Barge Ellucaliol 1993 Indian River Community Collage .1 In lln.sclling .,siln Miami, FI Fort Pierce, FI 1III,ests Boating, Diving ReferelCIS References are available on request. _..__...,._------_.._-~----~--~-- [Street Address, City, ST ZIP Codel [Phone number] [E-rr,ail address] on solowitz Ib'ICllvl Miami Beach Derelict Vessel Bid Ex.erlenel 1998-2001 Outboard Rigger · Installing new outboard motors · Mairine electronic Langers Marine Miami, FL 1998-2001 Pfesldent · Clean boat bottoms · Change Props, zincs · Detail10p sides · Dealt with customers · Oversaw Employess Dock Side Detail and Diving Miami Beach, FL 2001-Current Dock and Marine Construction Bafge Opentor/Crane O.lrllor · Build Docks · Carpentry · Diving Miami, FL Educatiln 1981 11gb Scholl DI.lolla North Miami High Miami, FL Illerests Involved in any type of Water Sports leler.ICls References are available on request. 7985 NW 3nl Place Ft Lauderdale 33063 305-335-5838 Gar Clanton ObJectlv. Miami Beach Bid fxperilnce 1980-1999 Dock and Marine Construction Crane I Birge Operlllr · Pile Driver · Build docks and seawalls · Diving Miami, FL 1999-2001 Steel Fabricators Ira. Fitter · Machine Operators · Welding · Plans and drawings Ft Lauderdale 2001-2006 Dock and Marine Construction Cran. I Barge Operlllr · Pile Driver · Build Docks and seawalls · Diving Miami, FI Ellue.llln 1980 N Miami High Hlgb Schall Dlplolla · Licensed Capitan 200 ton (pending) .ltereSIS Fishing, Boating, and Diving Referencls References are available on request. N Miami, FL 6433 Wiley Street Fl Lauderdale 33023 954-274-4790 Rodrl 0 Bonilla ..,eclive Miami Beach Derelict vessel Experience 1989-1999 Dock and Marine Construction , CraIe/large lalrator · Build Docks and seawalls · Read plans · Diving · Operate machinery · Welding Miami,FI 1999-2001 Steel Fabricators Irln Filler · Read Plans and drawings · Welding · Machine operator Miami,FI 2001-2006 Dock and Marine Construction Crane/Birge Oaerator · Build docks and seawalls · Read Plans · Welding · Operate Machinery · Diving Miami, FL EdueltlDD 1994 Hllb School Dllloma Miami, FI laler.SIS Welding, crane operator . Beferences References are available on request. 2731 Ocean Club Blvd Hollywood, FJ Frank Mack Dbllellle Miami Beach Derelict Vessel Bid Experience 1987-1990 J.B. Garage Door InSllller · Installer of overilead garage doors · Maintenance · Demolition and removal of damaged or failing doors Miami, FI 1990-1999 AC Mechalic · Installer of Air-a>ndilioner units · Duct Cleaning · Maintenance and removal of units Chanin air Miami, FL 1999-Current Dock and Marine Construction CrlDI I Barge Iplfallr · Pile Driving · Build Docks and seawalls · Read plans Miami, FI - EllaeatioR 1987 North Miami High High School Dipl8IDa NMiami Ilterests Licensed captain 200 Ton (Pending) Rer.rolces References are available on request. ---'-11 ,j '" Darren C. Dawson 301 N. Royal Poinciana Avenue, Apt. #C Miami Springs, FL 33166 JOB OBJECTIVE: To advance my employment based in application of previous experience. EDUCATION: Miami Springs Senior High Graduated Class of 1985 Miami Springs, FL JOB EXPERIENCE: DOCK AND MARINE CONTRUCTION Miami, FL Current Glen Larson/Owner $14.00 Hr./Piledriver construction and installation of docks, seawalls, boat elevators davits. Removal ofhurricane debris, spoil islands ICW LCM GROUP, INC. Miami, FL 9/05-12/05 Lawrence "Bud" Smith/Foreman $20.00 Hr./Fabricator/measure, cutting, grinding, placement and set-up of steel fabrication, Monkey Jungle, Price Smart and other commercial projects. DLS Prestressed, Inc. Pompano, FL 7105-9105 Michael B1eyIForeman $19.80 Hr./Loading and unloading, driving and removal of steel sheeting for foundations coffer dams, seawalls and overpass. J.AM. Foundation Pompano, FL 5/5-7/05 Joe Murphy/Owner $19.80 Hr./Installation of Auger Piling from Boca Raton to Ocean Reef DOCK AND MARINE CONSTRUCTION Miami, FL 2003-2004 Glen Larson, Owner $14.00HR/Piledriver construction and installation of docks, seawalls. boat elevators, davits, pulling and replacement of mooring pile in Dinner Key, Black Point, and Homestead. (Bay Front) Marinas. SOUTHERN MARlNE CONSTRUCTION 2001-2003 Miami, FL Robert Rossi/Shell Faulkender Owners $14.00/Piledriver/Carpenter: Construction of residential docks, seawalls, and boat lifts. I J 1 'I GENERAL CRANE 1999-2001 Pompano, FL Mel Lite, Superintendent Boom Crew $12.00 Hr.lErection, disassembly, and maintenance of high rise tower cranes. TELLEBAUM CONCRETE 1999 l.W. Marriot Project/Brickell $12.00/Carpenter/scaffold, aluminum, deck, column form and share. Pompano, FL Tommy Lee, Foreman TURNER CONSTRUCTION' 1998-1999 Barclay Office CenterlBrickell $14.80 Hr.lCarpenterlLayout, fmmdation, footer and slab safety. Miami, FL Dominick SugJarta, Superintendent DIXIE METAL Pompano, FL 1998 Danny Hearndon, Foreman $14.00IIron WorkerlRed Iron Stair and miscellaneous installation of red iron structures including welding and cutting. COSCAN CONSTRUCTION Aventura, FL 1998 David Alexander, Superintendent $12.75 Hr.lCarpentertThe Point of Aventura: Layout, foundation, footer, and slab safety of 30 story condo. - STRATA COM Houston, TX 1997-1998 Barry Naugle, Superintendent $12.00 Hr.rrower climber/installer, climbing of freestanding towers up to 300 ft. and erection of mono pole tower in installation of cellular antenna requiring directional orientation and assembly of coaxial cable connectors/weather proofing, grounding and lightening arrest, concrete slab construction, ground ring, and installation of cabinets and ice bridges. SHORELINE FOUNDA nON HalJandale, FL 1997 . Barry Reed. Owner $13.00IPiJedriver, Auger and setting of pile Atlantis Project/Paradise Island, Bahamas Haulover Bridge/D.O.T. Fender Renovation Project Removal of previous pile structure requiring dive work, installation of false work, punch, set driving of 18" 35' D.O.T. concrete pile and hanging of timbers. BUNNEL FOUNDATION Miami, FL 1997 Dick Reed, General Manager $14.00IPiledriver, Crandon and Matheson Hammocks Marinas, set and weld H-Beams false work. Punch, set and drive pile, install sheet pile and coffer dam and auger drill and to install 80" 48" case on Key West Project. METALLIC ENGINEERING 1997 Miami, FL David McDavitt! Field Superintendent $12.00 Hr. Installer, shake-out and installation of prefab structure and rail including on job erection MIA Project & The Point, A ventura. TIDEWATER CONSTRUCTION CORP. Norfolk, VA 1996 Resource Management Facility/Dade $12. OO/CarpenterlRigger , Form carpenter & Setter, rigger and ironwork 0 f structure RECCHI AMERICA, INC. Stuart, FL 1995-96 Bob Carney/Foreman $12.00 Hr./Form setter/column footer, driving & cutting of70' 36' D.O.T. pile, assemble set and column pour form. Roosevelt Bridge Project. COASTAL MARINE CONSTRUCTION Venice, FL 1994-1995 D.O.T. South Bridge/Ft. Pierce, FL $12.00 Hr./Piledriver/Template and false work fabrication and set of four pile pier cap/driving of 40' 18" D.O.T. pile for pier and fenders, also cable wrap and timber hanging on bridge fenders. CONCRETE STRUCTURES, INC. Miami, FL 1993-94 Tommy Lee/Superintendent $10.00 Hr.lCarpenter, form setter, brace and shoring of precast joist and beam bottom and twin Hr' spans. Miami-Dade South/Community College Project. ACE CONCRETE CUTTING Medley, FL 1993 Charles Black, Owner $10.00 Hr.lOperator of hydraulic handsaw, slab saw and core drill labor foreman, cutting breaking and lead in removal of terminated concrete, some brief sales and estimates. RALPH MERRIT DEVELOPMENT Miami, FL 1992-1993 Jim Anthony/Field Superintendent $10.00 Hr.lCarpenter, construction of commercial warehouse, footer to tie bean and interior slab. SHORELINE FOUNDA nON 1989-92 Hallandale, FL Barry Reed, Tony Royo, John McGee/Owners $10.00 Hr./CarpenterlPi1edriver, construction and installation of marinas, seawalls, docks, boat elevators, davits, coffer dams and tie back rod, brief sales and estimates. SOUTHERN MARINE CONSTRCCTION 1987-1989 Miami, FL Robert Rossi/Shell Faulkender Owners $10:00 Hr./Piledriver ELECTRICAL TECHNOLOGIES CORP. Miami, FL 1986-1987 $9.00 Hr./Laborer, install duct bank service, sub-contract FPL INDEPENDENT 1985-1986 Piecework/HangerlFramer Dade, Sroward, Palm Beach OL YMPIC CONSTRUCTION Tampa, FL 1983-1985 Mitchell Norton/Superintendent $8.00 Hr./Carpenter, construction and renovation affast food restaurants and some home . building, footer, tie beam, frame (metal/wood), drywall (hand/finish) REFERENCES: A vailable upon request. (9 MIAMI BEACH PROCUREMENT DIVISION Tel: 305-673-7490, Fox: 305-673-7851 City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochfl.gov March 23,2006 RE: ADDENDUM NO.1 TO REQUEST FOR PROPOSALS (RFP) No. 15-05/06 _ REMOVAL AND DISPOSAL OF DERELICT VESSELS (the "RFP") The RFP is hereby clarified and amended as follows: ., I. Please be advised that any and all reference to experience as grounds maintenance services or graffiti removal services has been deleted and substituted by removal and disposal of derelict vessels. II. The attached cost proposal form must be submitted with your proposal. The cost per foot must include all services outlined in Section II, Scope of Services. III. Additionally, you must submit as an add alternate, your proposed pricing for vessels that are sunken (I.e. lying at the bottom of a body of water). The cost associated with sunken vessels will be in addition to the cost provided above, and will only be applied in instances when vessels are sunken. IV. Section 1/ on page 8, Subdivision 5, entitled "Cost Estimates for Each Project", is revised (WOrds added are denoted by an underscore; words deleted are denoted by a stFikethr<>ugh) to read as follows: 5) The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific Droiect is issued. The estimate must reflect the regular hourly wages for each classification presented in this contract, and the percentage discounts or mark-ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of work hours per classification, and by the cost of materials and equipment. Lump sum estimates shall not be accepted. The actual charge to the City from an awarded vendor for a specific project ::::~: =-:": P:-:: :%~::a ~":"~ :'hal aotlRlate ..thaut I~a axp",. llIlPR>Vi11 an aIlIherizo<l agent af ii;;; it' must be in aCCOrdance with the cost information submitted in res onse to the RFP and acce tance of sam b th Ci . v. SecHon" on page 9, Subdivision 8, entitled "Proof of Proper Disposal and Notification to Marine Patrol", is revised (words added are denoted by an underscore; words deleted are denoted by a 6tril(othFaugh) to read as follows: a) The cOntractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposal, disposal site, DV number, telephone number and title, and signature of person at disposal site. March 23, 2006 (Amended) City at Miami Beach RFP No: 15-05106 b) In addition to the above information, the contractor must submit a picture of the vessel demonstrating its removal, and Showing Its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. VI. Evidence of Insurance Requirements specffied on page 20, "The Insurance Check List' of this RFP which includes also the U.S. L. & H. (Longshoreman's and Harbor workers insurance) may be required within (S) days after Proposal Opening. Contractors are reminded to please acknOWledge receipt of this addendum as part of your proposal submission. The propoSed pricing information requested herein must be submitted with your Proposal In order to be deemed responsive and receive consideration. Contractors thaI have elected not to submit a proposal must complete and retum the 'Notice to Prospective Bidders. questionnaire with the reason(s) for not SUbmitting a proposal. F ;IPURCI$ALL IMarlaIRFP'SI05-06\RFP_15-05-06 Derelict VesselsIRFP-15-05_06A 1.doc March 23, 2006 (Amended) City of Miami Beach RFP No: 15-05106 COST PROPOSAL PER FOOT RATES FOR VESSELS THAT ARE NOT SUNKEN Vessels up to 10' Vessels from 11' to 20' Vessels from 21' to 30' Vessels from 31' to 40' 5. l <5 Vessels from 41' to 60' Vessels from 61' to 80' i5 :2-60 Vessels greater than 80' 'if ,~ k>c\.. 0 l:'"'\ ~Qd (::! ld<J"1 L e . c-s, '-oJ -1~ PER FOOT RATES FOR VESSELS THAT ARE SUNKEN (I.e. lying at the bottom of a body of water) Vessels up to 10' lo'S itS \30 l~s :Lsc) Vessels from 11' to 20' Vessels from 21' to 30' Vessels from 31' to 40' Vessels from 41' to 60' Vessels from 61' to 80' Vessels greater than 80' ~ f1\ "B"'.......~ MaIdl23, 200Il (Amended) Cily of Miami Beach RFP No: 15-05106 e MIAMIBEACH City of Miami Beach, 1700 Convention Cenfer Drive, Miami Beach, Florida 33139, www,m;amibeachfl.gov PROCUREMENT DIVISrON Tel: 305-673-7490, Fax: 305-673-7851 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 producUservice. _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 the type or product and/or service. = Signature: Title: Company: Note: Fa/lure to respond, either by submitting a bid or this completed form, may resun in your company being removed from the City's bid list. March 23. 2006 (Amended) City of Miami Beach RFP No: 15-05106 REQUEST FOR PROPOSALS REMOVAL AND DISPOSAL OF DERELICT VESSELS RFP # 15-05/06 BID OPENING: April 10,2006 AT 3:00 P.M. Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F: \PURC\$ALL \Maria \RFP'S\05-06 \RFP-15-05-06 Derelict Vessels\RFP 15-05-06 REMOV AL&DISPOSALOF VESSELS.doc e IVI/A/'v1/BEACH RFP No: 15-05/06 1 of 33 ~ .~~~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE REMOVAL AND DISPOSAL OF DERELICT VESSELS Request for Proposals (RFP) No. 15-05/06 + In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of this RFP is to retain a sea-towing disposal contractor that will assist the City in the removal and disposal of derelict vessels from public waters. The scope of services for the above subject RFP includes: 1. Dive, patch and re-f/oat with a pollution stand-by crew which will include a salvage master, divers, patching materials, pumps, compressors and other specialized equipment necessary to recover the sunken vessels, 2. Tow re-f/oated vessels to a county landfill area for disposal. 3. Documentation of all work performed. Sealed proposals will be received until 3:00 PM on April 10, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on April 10, 2006 will be returned to the contractor unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the contractor. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other Occurrence. A Pre-Proposal Submission Meeting is scheduled for March 27, 2006 at 10:00 a.m. at the fOllowing address: City of Miami Beach City Hall 1700 Convention Center Drive Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida. The City of Miami Beach has contracted with Bid Net and has begun utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this new South Florida Purchasing system allows for vendors to register March 17, 2006 RFP No: 15-05/06 City of Miami Beach 2 of 33 online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: WWW.90Vbids.com/scripts/southflorida/Public/home 1 . asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a Source of information but is not mandatory. Contractors interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: '2659980' (note that number Is preceded and followed by the star (*) key). Contractors, who are interested in participating via telephone, please send an e-mail to mestevez@miamibeachfl.gov expressing your intent to participate via telephone. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Mia mi Beach, or waive any informality in any proposal The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADViSED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOlLOWtNG ORDINANCES/RESOLUTIONS, WHICH MAYBE FOUND ON THE CITY OF MIAMI BEACH WEBS/TE: htt :llwww.miamibeaChfl.ov/newcit/dets/urchase/bidintro.as · CONE OF SILENCE -- ORDINANCE NO. 2002-3378 · CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. · DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. · PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. · LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363. · LIVING WAGE REQUIREMENT --ORDINANCE NO. 2001-3301. Pursuant to City of Miami Beach Living Wage Ordinance, as codified in Chapter 2, Division 6, Section 2-407 thru 2-410 of the Miami Beach Code, all service contractors, entering into a contract with the city shall pay to all its employees, a living wage of not less than $8.56 an hour with health benefits, or a living wage of nolless tha n $9.81 an hour without health benefits. For a covered empioyer to company with the living wage provision by choosing to pay the lower wage scale ($8.56/hour) when a Covered employer also provides health benefits, such health benefits shall consist of payment of at least $1.25 per hour toward the Provision of health benefits for Covered employees and their dependents. Sincerely, (L Gus Lopez, CPPO Procurement Director March 17, 2006 City of Miami Beach RFP No: 15-05/06 3 of 33 e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS I. R6QUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE PROCEDURES A. Introduction/Analysis B. Purpose C. RFP Time Table D. Qualification Submission E. Pre-Proposal Submission Meeting F. Contact Person II. SCOPE OF SERVICES III. PROPOSAL FORMAT IV. MINIMUM REQUIREMENTS / QUALlFICA TlONS V. EV ALUA TlON/SELECTlON PROCESS/ CRITERIA FOR EV ALUA TlON VI. LEGAL TERMS AND CONDITIONS / INSURANCE VII. QUALlFICA TlON DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY PaQe 5 5 5 5 6 6 8-9 10-11 12 13-14 15-19 20-33 -Cost Information -Organizational Chart -Risk Assessment Plan -Acknowledgment of Addenda 22 -Declaration 23 -Sworn Statement/Section 287.133(3)(a), Florida Statutes _ Public Entity Crimes 24-25 -Questionnaire 26-30 VIII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation letter - Performance Evaluation Survey March 17, 2006 City of Miami Beach 31-33 32 33 RFP No: 15-05/06 4 of 33 SECTION I - OVERVIEW A. INTRODUCTION I BACKGROUND In the event of an emergency, such as a hurricane, the City would lack sufficient resources to undertake recovery operations such as the removal and disposal of derelict vessels. The purpose of this RFP is to retain a sea-towing disposal contractor that will assist the City in the removal and disposal of derelict vessels from public waters. During strong weather conditions, boats might be shifted and placed in areas where they can develop into a hazardous condition or serious risk to our residents and visitors. After the proper investigation and identification, an abandoned vessel becomes a derelict vessel only after all available means to identify or contact the owner have failed. The retention of a recognized and insured contractor with expertise in the removal of vessels would allow the City to respond in a more expeditious manner. B. PURPOSE It is the intent of this RFP is to use the "Best Value" Procurement process to select a contractor with the experience and qualifications; the ability; capability, and capacity; and proven past successful performance in providing high quality graffiti removal services. C. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued March 15, 2006 Pre-Proposal Submission Meeting March 27, 2006 Deadline for receipt of questions March 31, 2006 Deadline for receipt of responses / Proposals April 10, 2006 Evaluation committee meetings April 2006 Commission Approval/ April! May 2006 Authorization of negotiations Contract negotiations Projected contract start date May May/June 2006 2006 D. PROPOSALS SUBMISSION An original and ten (1 0) copies of Contractors' proposal wiU be received until 3:00 p. m. on April 10-, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and aU copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Contractor's name, address, telephone number, RFP number and title, and due date. No facsimile or e-mail responses will be considered. March 17, 2006 City of Miami Beach RFP No: 15-05/06 5 of 33 The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the contractor. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any Occurrence. Responses received after the RFP due date and time will not be accepted and will not be considered. E. PRE-PROPOSAL SUBMISSION MEETING A pre-Proposal submission meeting is scheduled for March 2ih, 2006 at 10:00 a.m. at the following address: City of Miami Beach City Hall Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida. Attendance (in person or via telephone) is encouraged and recommended as a source of information but is not mandatory. Contractors interested in participating in the pre-RFP submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Contractors who are interested in participating via telephone, please send an e-mail to the contact person listed on the next page, expressing your intent to participate via telephone. F. CONTACT PERSON The contact person for this RFP is Maria Estevez, Procurement Coordinator. Ms. Estevez may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-Mail: mestevez@miamibeachfl.gov. The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Contractors relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement Director. Facsimile or e-mail requests are acceptable. Please sent all questions to mestevez@miamibeachfl.oov and copy the City Clerk's office RobertParcher@miamibeachfl.oov. The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFP. Contractors should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Contractors are advised that oral communications between the Contractors or their representatives and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. March 17,2006 City of Miami Beach RFP No: 15-05/06 6 of 33 G. TERM OF CONTRACT This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of three (3) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional three (3) year period on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative- not a right of the contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be Upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. Option to Renew / Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial three (3) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index _ All Urban Areas (CP/-U) as published by the U.S. Department of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. March 17,2006 City of Miami Beach RFP No 15-05/06 7 of 33 SECTION II -- SCOPE OF SERVICES 1.Scope of Services Dive, patch and re-float with a pollution stand-by crew whipch will include a saivage master, divers, patching materiais, pumps, compressors and other specialized equipment necessa'Y to recover the sunken vessels. Tow re-floated vessels to a county iandfiU area for proper disposal. . 2. Environmental Protection Any vessels which are to be removed and disposed of at a landfill shall be removed from its present site in such a manner as to not impact or damage the natural environment. ("surrounding the vesset" will Umit to just that area) All debris from the vessel shall be removed and the site ieft in a reasonable clean condition. No oil or fuel shall be permitted to be dumped or spilled into or unto the water and land. The following items must be accomplished: a) All oil must be removed from tanks, pipes, bilges, etc, to ensure that no pollutants enterthe water (steam cleaning is preferred) b) All watertight doorS/hatches/bottom tank covers, etc. must be removed or welded open c) Any items that may float free when the vessel sinks must be removed from the vessel d) Any items that may float free when the vessel sinks must be removed from the vessei o Sufficient ballast to maintain iocation of vessel on ocean bottom must be placed in the vessel shall consist of clean concrete. e) All deck areas, bilge areas, engine spaces and cargo spaces should be broom swept. 3. Accident Prevention and Barricades Precautions shall be exercise at all times fortheprotection of persons and property. All vendors performaing services under this contract shall conform to all reievenat Federai, State, and County regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requiremtens shall e borne solely by the responsible vendor. Barricades shall be provided by the vendor when work is performed in areas traversed by persons, or when deemed necessary by the City Project Manager. 4. Clean-up All unusable materiats and debris shall be removed from the premises at the end of each workday, and disposed of in an appropiate manner. Upon ftnai completion, the vendor shall throughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 5. Cost Estimates for Each Project The contractor shall be required to submit a written estimate on each prospective project under this contract before a work order for that specific is issued. The estimate must reflect the regulat houriy wages for each classification presented in this contract, and th percentage discounts or mark -ups for materials and equipment that were quoted by the vendor on its initial offer or the most current contract pricing. The estimate shall be itemized by the number of Work hours per ciassification, and by the cost of materials and equipment. Lump SUm esimates shall not be accepted. The actual charge to the City from an awared vendor for a specific project March 17, 2006 City of Miami Beach RFP No: 15-05/06 8 of 33 shaU not exceed ten percent (1 0%) of the vendor's initia I estimate without the expressed prior approval an authorized agent of the City. 6. Labor, Materials, and Equipment The contractor shall furnish ai iabor, material, and equipment necessary for satisfactory contract performance. All material, workmanship, and equipment shall be subject to the inspection and approval of the City's Project Manager. 7. Legal Requirement for Pollution Control it is the intent of these specifications to comply with the Miami-Dade County PoUution Controi Ordinance as stated in Chapter 24 of the Miami-Dade Code. This ordinance may be obtained, if necessary, through the Department of Environmental Resources Management (DERM), 33 . SW 2"' Ave., Miami, Florida 33130, Telephone (305) 372-6789. The contractor shall comply with 'all requirements of the Federal Water Pollution Control Act. 8. Licenses, Permits, and Fees The contractor shall obtain and pay for all licenses, permits, and inspections fees required for this project; and shall compiy with all laws, ordinances, regulations and bUildings code requirements applicable to the work contemplated herein. Damages, penalties, and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. 9. Local Office The contractor shall maintain an office within the geographic boundaries of Miami- Dade, Broward, or Monroe Counties, Florida. This office shall be staffed by a competent Company representative who can be contacted during normal working hours and who is authorized to discuss matter s pertaining to the contract. 10. Work Assignments All work assignments during the contract period will be on an "as needed" basis, complying with notification requirements. Bidder shall assume no guarantees as to the number of frequency of work assignments or the amount of payments under the terms of this contract. Determination of material quantities and/ or specifications for each assignment will be made by the City Department. The City Department will notify the contractor of each work assignments; at which time the contractor and the City Department will mutually agree, in writing, of the beginning and ending dates of the work assignment, the contractor shall be responsible for the proper and necessary use of the materials in performance of the work. 11. Proof of Proper Disposal and Notification to Marine Patrol a) The contractor must submit prior to receiving any payment: a receipt for each vessel, including the date of disposai, disposai site, telephone number and title, and signature of person at disposal site. b) In addition to the a bove information, the contractor must submit a picture of the vessei demonstrating its removal, and showing its DV numbers. c) The contractor shall notify and coordinate all work with the Marine Patrol. 12. Restoration Property Property public or private, if damaged during construction or removed for convenience ofthe work shall be repaired or replaced at the expense of the vendor in a manner acceptabie to the Project Manager prior to the final acceptance of the Work. SUch facilities shall inclUde but are not limited to: walls, boating ramps, sod, and walkways. March 17,2006 City of Miami Beach R FP No 15-05/06 9 of 33 SECTION III - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Contractors must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of proposal. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minim4m requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Contractors professional specialization, provide past experience to support the qualifications of the submitter. Interested Contractors should submit documents that provide evidence as to the capability to provide grounds maintenance services. b) Cost Information: Cost information must be submitted with your proposal, and if selected as successful contractor, cost will be negotiated. The proposed cost shall include all applicable fuel surcharges, taxes, or county waste tariffs c) Client Survey: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 30 and 31, and request that your client submit the completed survey to the contact person listed on page 6. d) Past Performance Information: Past performance information will be collected on all contractors. Contractors are required to identify and submit their best projects. Contractors will be required to send out Performance Evaluation Surveys to each of their clients. Contractors are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. e) Qualifications of Contractor Team: Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project f) Risk-Assessment Plan (RAP): All contractors must submit a Risk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the contractor not to finish on time, not finish with budget, cause any change orders, or March 17, 2006 City of Miami Beach RFP No: 15-05/06 10 of 33 be a Source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms (Pages 20-28); March 17, 2006 City of Miami Beach RFP No: 15-05/06 11of33 SECTION IV - MINIMUM REQUIREMENTS I QUAL/FICA nONS 1. The contractor shall submit incorporation or other business entity / form documentation. 2. The contractor to whom award is made under this solicitation must be currently licensed in the following: a) Marine Towing and Recovery b) Marine Diving and Salvage c) Demolition Contractor d) Marine Contractor / Marine Construction 3. The contractor must have access to appropriate water bound equipment such as tug boats, towboats, barges, and cranes. 4. The contractor must have a minimum of three (3) years of experience in the removal and disposal of derelict vessels. 5. The contractor must have am established business which is regularly engaged in the business of performing the service as described in this Request for Proposals. 6. The contractor must provide a facsimile machine or e-mail address to facilitate order requests. March 17.2006 City of Miami Beach RFP No: 15-05/06 12 of 33 SECTION V - EV ALUA TlON/SELECTlON PROCESS The procedure for response evaluation and selection will be as follows: · RFP issued. · Receipt of responses. · Opening and listing of all responses received. · An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is .desired, respondents may be reqIJested to make additional written submissions or oral presentations to the Evaluation Committee. · The Evaluation Committee will recommend to the City Manager the response(s) which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: 1. The experience and qualifications of the contractor (20 points). 2. Cost (40 points). 3. Risk Assessment Plan for ensuring quality of work (25 points) 4. Past Performance based on number and quality of the Performance Evaluation Surveys (15 points). · The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. · After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. · The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. · Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period of time. · A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. · If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (have) done so. March 17, 2006 City of Miami Beach RFP No: 15-05/06 13 of 33 Important Note: By submitting a response, all contractors shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. March 17,2006 City of Miami Beach RFP No: 15-05/06 14 of 33 SECTION VI - LEGAL TERMS AND CONDITlONSIINSURANCE A. MODIFICATIONIWITHDRAWALS OF SUBMITTALS A contractor may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENTlCANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY CONTRACTORS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the contractor (s) and not be reimbursed by the City. D. EXCEPTIONS TO RFP Contractors must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Contractors are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. F. NEGOTIA TIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. March 17, 2006 City of Miami Beach RFP No: 15-05/06 15 of 33 G. PROTEST PROCEDURES Contractors that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS Contractors are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignoranee on the part of the consultant will in no way relieve it from responsibility for compliance. I. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELA TION OF CITY It is the intent of the parties hereto that the Successful consultant be legally considered to be an independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. March 17, 2006 City of Miami Beach RFP No: 15-05/06 16 of 33 N. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. P. INDEMNIFICA nON The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time as the exact amount of damages due the City from the successful consultant is determined. March 17, 2006 City of Miami Beach RFP No: 15-05/06 17 of 33 S. TERMINA TION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty (30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's Uability to the successful consultant upon a termination as provided for in this section. T. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFU, or bid. x. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 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 March 17,2006 City of Miami Beach RFP No: 15-05/06 18 of 33 Procurement Division with your bidlresponse or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when Possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES . Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties. March 17, 2006 City of Miami Beach RFP No: 15-05/06 19 of 33 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H / Jones Act per Federal Law (If required). XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per Occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability, Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3.Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. _ 4.Excess Liability - $ . 00 per occurrence to follow the primary coverage. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: - Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity - Employee Dishonesty Bond $ $ $ $ $ .00 .00 .00 .00 .00 m Professional Liability $1,000.000.00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the Quote number and title We understand the Insurance Requirements of these insurance may be required within five (5) days Prop D (i' K ~ {\'\ Or \('(? _ Cex,,-""'.:;\\ uc:-i- \O"\j Vendor March 17, 2006 City of Miami Beach RFP No 15-05/06 20 of 33 SECTION VII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY March 17, 2006 City of Miami Beach RFP No: 15-05/06 21 of 33 REQUEST FOR PROPOSALS NO. 15-05/06 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP:03- 05/06 Addendum No.1, Dated (\'\c; ( C h I;) '?,.. ~()CJ C::, Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date '2,/~ i be), /J I (ate) March 17,2006 City of Miami Beach RFP No: 15-05/06 22 of 33 DECLARA TION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this ,3 \ day of {))CI'~~ . ,2006. The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. ~ The consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. ~7 The consultant states that the response is based upon the~.d.ocume tSid. e. ntifi~by the following number: RFP No. 15-05/06 ~ / // ,-/ :>~/ ~/-'r~/' /'/'-'<7/ c-;;~ ,,/ SIGNA TURE i'{\ n 'f-. La \s 0 ('. PRINTED NAME See, TITLE (IF CORPORATION) March 17, 2006 City of Miami Beach RFP No: 15-05/06 23 of 33 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to C \ ~ c:,.\.' nr\.. .. C'-"~ '\. ';'S e CCh. [Print name of public entity] ('\\{\)( 1... 0, C'S,=", r--.. 0\t::'"~ " (\--0,,,_ ~ [Print individual's name and title] For ~Cc.~ 0-,1'\ ~\\C'H':\(-\e ('('-i\~"~l")C--L:\c;\"\ , " [Print name of entity submitting sworn statement] Whose business address is /5 'a 1\ L '7Q S'\,f€'E:.---\- By and (if applicable) its Federal Employer Identification Number (FEIN) is ') q_ C q 1'37'5/..-[ (If the entity has no FEIN, inclu e the Social Security Number of the individual signing this Sworn statement: LX,\. ,) 4. I understand that a" blic entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutesl means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a jOint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. March 17, 2006 City of Miami Beach RFP No: 15-05/06 24 of 33 5) I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] i~ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ~ . The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM TFtE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OJ:.J.HE THRESHOCD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CkTESORY TWO-OF ANY CHANGE IN THE INFORMA TION CONTAINED IN THIS FO.RM - ~f/ ./~// / /,,"/ -----,~ /~,j0',/, '-1~~~. """.,/"/",,,/ 4_~, J..-l c'/ ",/ , {Signature] Sworn to and subscribed before me this dl day of ,jV\(), r C-Y, ,2006 Personally known ~ OR Produced identification Notary Public - State of Ip J _ My commission expires L~ lJ. -=I- I () -::f- (Type of Identification) (Printed typed or stamped Commissioned name of Notary Pu C~'1'"~ \J .'.. "'" . '-', r-j..iJ:'3~:L. l.,~rS(}rl t...,omm:sS1:JIi #JDjt;~g/L., Expires' D"c "'-/''2-r,;-;::' .' _, Bonded 1br~~ vt) ; ,~, fI;~!"'t!(' Honding Co,< Y!1C March 17, 2006 City of Miami Beach RFP No: 15-05/06 25 of 33 QUESTIONNAIRE Consultant's Name: \ f\ '''\('\ /- '"~..... - '.~ 1'" ., , . (:~-\ (}r\ r'\ l '.\ ,; \ l..\" ~.-' (\ .. ( C, \<::::... \ '\ -\- C(\ ..1.;- Principal Office Address: -7 ..-s ',::). 7Cts-\- \'\ P C'1\ \ 0~,,\ Fl__ .~::::, \ '2, ~~ Official Representative: N\ c; 'f.... to, rS0 c"'. \- (; \ ~ (\ LC1 15 0.--.) Individual f~)1ne.rs.hip~ (Circle One) ~ If a Corporation, answer this: When Incorporated: :Q5C{ In what State: F 1--- If a Foreicm Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors Questionnaire (continued) March 17, 2006 City of Miami Beach RFP No: 15-05/06 26 of 33 If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating A/E business: ~1- 2. Have any agreements held by Consultant for a project ever been canceled? Yes ( ) No ~ If yes, give details on a separate sheet. 3. Has the Consultant or any principals ofthe applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? 00 If yes, please explain: March 17, 2006 City of Miami Beach RFP No: 15-05/06 27 of 33 Questionnaire (continued) 4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No (vi- If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not (u- been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) , Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: IL} 0 A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: f) / i!"l . C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: r\ I A-- 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) ~\/I~ I- March 17, 2006 City of Miami Beach RFP No: 15-05/06 28 of 33 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. \\/ t'+-- i March 17, 2006 City of Miami Beach RFP No: 15-05/06 29 of 33 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, priorto acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: _ _ ~ ~#o--04&. Sign. re \C\\\. ~~< c lCi ("S"('){,,j Print ame IF CORPORATION: ~)r) C i( (--i\ ri (Y\ Q r VIP : ~'n ~ Jr '-' C-i \ c ~" Print Name o~rporation "7n./ '/ .s ~'7 O'~-f> ':\- rY\ \CfY\.\, C L- /' ~;/ ~ Address /'/" /' /~l ~//,# By: // I V? President (CORPORA TE SEAL) Attest: March 17. 2006 City of Miami Bench RFP No: 15-05/06 30 of 33 SECTION VIII - BEST PERFORMANCE PROCUREMENT INFORMATION DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENT March 17. 2006 City of Miami Beach RFP No: 15-05/06 31 of 33 e~ 03/31/2005 09:11 3B5-5795952 Mar 30 2006 2:09PM HP lASERJET FAX DINNER KEY MARINA "~-"-".".'" PAGE 02 p.3 City af Mll!l'll,IR.oeh, 1700 COhVllnlion Centor Drlv~,Mlaml B ac"', Florida 33139, www.mlomlbe/;l~"'fLQO\I PROCUREMENT DIVISION Tel,305.673.7490 ,Fox: 305.673,7951 PERFORMANCE tv ALVA TlON SUR.vEY Contractor Name: '. .... CC'I$ ~c .\ Point of Con.lllCt: c:~ Phone and e-mail: \~~ ff\.l("d.:~9t1..,,~_ r-~~ '. . j. Plellm: evo.luilte tbe perfOrmance of theCOl'Itratlor 10 means you are very satisfIed and have n~ que.9tions about hirlngthem again, 5 Is If you don't know 80d 1 '5 If you would never hire them again because ohery poor performance). . . NO CRITE UNIT 1 Ability romanage the.ptojectcoot (m nimim change orders) (1-W) ~._-- 2 Ability to maintain projcl'.t.8chedulc ( ompJete O/'\-titne or early) 0-10) . .. . 3 Quality of worktnansbip (l-10) 9 4 (1-10) 5 (1-10) ~ <1 ~ q 6 documentation (l- I 0) T (I-IO) 8 Overall customer satisfaction lICld hiring again' based on performance (comfort level in hiring Ontraotor agaln) (I" 1 0) ~'r.c;.-:- ~%~ . . PLEASE FAX THIS QUESTIONNA rOMARlA ESTEVEZ AT30S.673.78S1 M.rch 17, 2Or>iS City "('MI.",, B'-'lll RFP NO~ 1 fi.OMle 13 01'33 _:<;.II(:liITI:II.a;~:_ ~1J1iW."JIII\,"(IJr!f:r;'~ a;.:~1iF.t"I.l...-:I=-.!""1~~~I::I.~1): AU6-11-2oo5(THU) 10:a7 MIT[Ht~~ ~oRK [DOPER (FAX177i:5,. '401 P 005/025 .~ CORD,. CERTIFICATE OF LIABILITY INSURANCE I DA'!1Ir"'Mmo,.,..,.,.." 08/:1.1/2005 PACOU~tR (800) 449-332'7 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ~tchell Yo~k Coope~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ceRTIFICATE DOES NOT AMEND, EXTEND OR Po.t Off~o. Bo~ 189 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bobe Sound FL 33475- INSURERS AFFORCING COVERAGE NAICII IHsUAI!D I~~URP." A: BLI InDuranclI Comnanv Dock , ~ CQDJltruotion, Inc. 1~~un~rI D: Great American InD. Coe_ 752 NJI: 79th St:relllt IN~Url~n c: I '''~' 'n~n n, Miami FL 33138- 1,"~IJIlFR F: 'THE POLICIES Or-INSURANCE L.ISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOIIG FOR THE POLICY PERIOD INPICATEO, NOTWITHSTANOING ANY REQUI~GMEN1', TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEc=r TO WHICH THIS CERTIFICATE MAT B~ ISSUED OR MAY Pl!RTAIN. THE INSURAIIlCE AFFORCED BV THE POLiCiES DESCRIBED HE~EIN IS SUBJECT TO ALL THE TERMS, EXCl.USION$ AND CONDITIONS OF SUCH POLICIES, AGGREc:ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID tLAIMS. INS" AOg"\. T'l'pe OP IHlIUIVINCI! POU~N\JIIIIl" I~~~~~:~g~ POUC'7 ~~gt:,WlN 1.11I1'!1I 0110 1i /;''''110 A ~HI!liAL UADIUT'I' / / / I .CUIl"......... I J.,OOO,OOO ~ :~~,r'tl:ACll\L OI!NI!~L LlI\lllLITY . Tl;l)\I!NT"lJ "".1 , 50,000 - ClJ\I/<lS WID! I1SJ OCCUR HI.1>O;ZOOQ03 09/13/2005 OB/13/2006 MCtll!llP IAnv q.. "''''0.' I 5,000 1>i=IlIlONAL & AI:N INJIIAY S 1,1:100,000 A X ftClt ~ ~ )(l;,llI0200ClD.:J 08/13/2005 09/13/2006 OI>,"i=RALAr.CRCCA~ , 2,00Q,000 ~\AOO~I'I~";I"": An~ PI!It I'AOOIJCT:'l . CO..1>100 Ann s 1.000,000 POLICY J~g: LOC I I I I ~TO"ODIUlIJADIUT'l' / / / I COMOINCD mNC~ LIMIT IC> 3ccldan'l S I- ANY AUTO i- ALL OWN!!D AUTOl: I I / I "COllY INJUflT (Po,palllonl I i-- :;CI'II:0UL!!O AUTOS i-- HIReD Au'res / / I / 80CIl.,Y INJURY (P.r ...Ill.nll 9 i-- NCNoOWNt!D AUTOS / I / / pnop~A'l'Y OAMAOIl 11'., .ccld.nil ! RItAOI! UAIIIUT'l' AUTO aNt.,.l!A ACCIDeNT . "'NY ",UTO / / I I OTHI!R T!-WI (;A ACC S AUTOONLYI Ace; I B ~lIDOIUMlIReLI.A UAIIILIt'Y OMHStl3-3D-7. 08/13/2005 08/13/2D06 "M........~IIRD"....." , 1,000,000 X OCCUR 0 CLAIMS WID!! AOClRliQATC . 1.000,000 I R OeDUCTI"L~ I / / I . nmN'!'lON $ . WOItKt:!I:I ~OIlPl!"lI/lTIOH AHD I I I I I .,1,f.,; I tJ~ I I t{J,tl. lI.."tOTtIlS'I.lAIIILl1'Y ANY PRCPRlIiTORlPAA1"JIle~I!CUTlllli !:.l.. t:AeH ACCIDI'NT 1 O~J!ICI!IWl!p.tQ~R liXCI.UOI:D? I I I / 1;..1.. DI!:~! . ~AIl..PLDVCC I II V", d..t~'" ulld., GPCCIAL PAOIIII:IOIIII; bel.... 1:.1.. DI!;~I! _I'OI.IOV lll.l'1' . onil!lI / I I I / I I I / I / I DDtCII'P''I1CM cP c"I!IVIT10"'1IIl.ClI:ATICH:llVI!HI~LIlDIlIaClJJIIIDNII /\DOl!D IV alolDOA5t:Ml!NTIIP'CIAL PRO\ll9l0NS ~.1~'CO HoldA:e b Additio~ Xs:1a~ COVERAGES CERTIFICATE HOLDER ( ) CANCELLA110N c:I. ty of Miami Eo.r;b C;i.t:y Ball. P:rOCU%8mllI11: Di.v:l.a:l.on 1700 Convention Center Drive ~ Beaeh :DL 33B9- ACORD 25 (2001/09) ~,w.INSD:.s IDl081.1l~ lIHOUlO ANY o~ T11t AIIOIIIl DcS~"'lIl!lI ,.cuel~ Dt CAHCGUJ:O OI!I'CRG T111l r:xP"IA'I1CN DA'!1I THt:flI!CP, T11G IIlIlUIHC 'M!lUlIlIR WILL t:lolo!!AVOll TO IIA1L .30 CAYS WRITTl!N NOTlCa TO T111! ~t"T1PlI:ATIl HOLDI!R "AMID TO Tilt: U!J'T, OUT ~"'I\:~,..a To-!i'ij;~"';HALi. 'li;poti~-Il.octi'ua:\nbN"i:i~"UAb'ibi'r 0" 'A",';'I<IIIO UPON mil ';N:lUAtill IT! ACtHTS OR Ra""llaIlHTATIV1!~. '.. AUTHCI~IZtD Rlll'!la5llH~ '" ./ 1';:''; II : I n( ...<'r ~d: ~ I . I '-- _ . HLIiCTRO~IC LA!Il!1l rOR~. INC. 'feDO)~II".oG4ll - -.--- -ItlACORC ~~RPORATION 191J8 ........_. ......... ... fl' P.~.'DI: .....Jeoo If.. ...:....:.....:.;.:.:.;.-.~--..-....,..'....:'..,...-" . :...;.;~'''':'-,... .... ''"';:'.;'~~=. _~(;.lI(;a.TI;.l..~~:_ Il'i1!IItf:....lI!lIo..IIR.~1.1i ;r;,:_'iiln""I,_:I=-'~l:1::i1:III:a.;/~l: :lie Dat", 11/8/2005 Time, 10 :01 AM To: ALIC,. 3057514825 ~ ~nsurance Group Paqe: 043 ACORQ, CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOIYYYY) 11/08/2005 PRODUCER (305)556-1488 FAX (305)556-3680 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . '51 Insurance Group ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ,181 N.W. 154 Street AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 230 Miami Lakes, FL 33016 INSURERS AFFORDING COVERAGE NAIC# INSURED Dock & Marine Construction, Inc. InSURER A Mapfre Ins Co of Florida 34932 752 N E 79 St INSURER B Commerce & Industry Ins Co 19410 Miami, FL 33138 IflSURER C IflSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~.$': ~D~9;~ 1YPE OF INSURANCE POLICY NUMBER P8k~9=Y,~'J,~6rJY,E Pg~I$:t ,~~r.~~N LIMITS GENERAL L1ABILl1Y EACH OCCURRENCE $ - ~~0,A~~!?~~E~~7,~pncA COMMERCIAL GENERAL L1ABILl1Y $ - tJ CLAIMS MADE D OCCUR MED EXP (Niy ana parson) $ - I PERSONAL & NJV INJURY $ - I GENERAL AGGREGATE $ - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS 0 COMPfOP AGG $ I nPROo n POLICY ,IECT LOC AUTOMOBILE LIABILI1Y CA018988I07/08/2005 07/08/2006 I COMBlflED SINGLE LIMIT I-- $ ANY AUTO I . lEa accident) 500,000 '-- AU OWNED AUTOS BODIL; II'JURY '-- $ X SCHEDULED AUTOS (Par porson) A - X HIRED AIJTDS BODILY INJURY - $ ~ NON.OWi'JED AUTOS (Per aCOldanll - o- r PROPERTY DAMAGE $ I (psr aCOld.nll GARAGE L1ABILl1Y AUTO O~.IL Yo EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA Ace $ AUTO ONL Y AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGA fE $ I R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WCS841S10 10/20/2005 10/20/2006 I i/,~yST ~;,~~ I IO:~o EMPLOYERS' LIABILITY INCLUDING USL & H 100,00C B .ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER. EXCLUDED? EL DISEASE. EA EMPLOYEE $ 100,00C [f yes. describe. under I SOO,OOC SPECIAL PROVISIONS below E L DISEASE. POliCY LIMIT $ OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS AOOED BY ENDORSEMENT f SPECIAL PROVISIONS CITY OF MIAMI BEACH PUBLIC WORKS 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAILURE TO MAIL SUCH NOTlG:E SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE A.-~ Geor e NenezianjIS ACORD 25 (2001/08) @)ACORD CORPORATION 1988 -- " ,'::_~-:c':!'O..:--:-.,. -.'~ t... t:. -;:~'7a ---'- _,;v .~:<t:: ,'~':';t; ....,. ~,:~~"., " 'J: " .~,' ' I \ ",,- 'J :t. ")~~. -.e ~ '~1) ~~.. '~ CI1R TIFICJ\ T i!;. Oll" INCORPORA'l'lON ..~,,' :~. . '.:y\.~.;"I.;, .' ,'{ 0.".1 ." Q DOCK & MARINE CONSTRUCTION, INC, "~ ~ . ~~ , "'~;~\ W l1:.~lt. und.raign.d, .......by .....dat. ours.lv..togoth.r for. .A: ",,;, thu purpose of b0comin~ a corporathm undllH' tho Inw" or tho Statw .of ~'~~i~~~' Nt. '~~." ~ ~ '"./' Florida. by llnd w\clelt tll~ provhiono of thn Stntutea of the $aid 6tatl.I\ of h;\li~~ ~b.i tEi s t~ ~ .. ulQ:elda. provldln~ lor tht) {ormation. r18bl~t ~)dvHeglllG. ,. \ ",..~~>..-; :' ,,~~.t~\~ii.:(:..i. r,1 .: ' ~:u .1 . a,r"d UllbUlt1eo of c:cu:-pol'aUooij 101:' pll'o!it. :I'~ 1_--) I 1~~rti\j~~~~'lt'~'~;:." ~(_"'l/'. __ j '1.~'l","'':J'i_t.,.., , . = .':.. '" :'. ".~ "1' AR'1' lCL'€: I, '"...---~ '. " ~ 7) :.:> . ; Vl ., , . ~.") .,Ii" Tuo llam~ of th.e COl"Ji>ol'ation ElI.hall be: DOCK & MARINE CONSTRUCTION, INC. ,-- '--1 (, ') :":.-i .'.;'0- ~~.--:. "~,..... r.1 CJ '" I~ ~f;~. ' '!l: " ..... . . r~~~~~:~,,:., , ';",(t'%t-r!' ~~;1'1 ~ . ~ .. I ~ ',. ;.:: ~ en L.LJ "':J}~~:~~: ", ." ':... . ,\ ~j\",'..k '""'.,,,' ".. . &t.~f~"..o1 Al):J,~d(;~. iiin;J (t.lt'CWb~;r0r BtJ may 1>0 autbor~m~d by. lhl l:)o;!lr-lll .~'\;'f;\~i;;" ~,' ,:,:.. ': r:;.. >. ,. " ' . . . . )~:"~\\f'J;;/,I';~:";,',~; :," "Dl' .:-i/, '.' ','.' ". .".".' ..\..,... . ,'.. .... '. .' '~~\l~~J.'\:~i~.~,..,.t\.'" fo)~'. l'eCl'oJ'l!I'I..'.r.".';twt..";"r"t(,!\.\,(,.,i\.......\I.~"..;"( \ J"."';'~";'t",:,"';" ';"'\.4";""'.i'n;',, ." ". . ,'" ';.. !....' ',~" . , .... ,.. ..'..... ..... ...' '......." 'w,,'7,i~\,lIl.~_"'.;.;~..:',;',{..;.',')'F.;:~;.;.i.:i.;...!.'.'"'f>l"\;':..'.\;.j':.;':"~.'~',,,: ,"41:i',\;, . .AR'l"1.C L2 U. \~~WJ:t\\~~:'~~J\~..'.:-;;:, . ..........~~~- ~Ji,'~ii1',,~\(, ': r.~' A:'. "tT~'~:'1.'}~" ," "J,-.t.". ;. . j " Ib hu~lno8. dl\QU bo <:81l"ded on in tb.-e Stato of }l'lorlda. in th~ United , . ';'/'1 _::,,'.',1\ ....... ............~.V\'(.~f~.' <;,'?;; 1:,~._:}\':,~'l~-;-.:I'X(:f';' .- .~ \' "r~ j ..11~~.V~'1,>i~~:t"""..,I;. 'J?' ~:~ '."i~",,,&' 1.', ~'5I:\1.:"f:~rr~'. ' ,it1::;'J .~1 ,J~' J::...., , i. I X~~d,~..: ',. ',' J ," . !i.1..j I .... l'l1,.{J:~f ;; . .'1 ,~;.~.~:~t~..:''';'"; To buy and 11\)11 real <utllittil. bl,}.ildand develop unim~)roveld land r ". ",;. . . ~ '~!,,'i1..~.u~~"""i:''';~''_ .......,~~.. .I.~ ,: ,.' .,. " ".,. a,nd tl:onduct Q gencu:al b:tok$l'lA,g0 huah10B9 on aU len'mlll or ldnda of :~ '<i;'~~Jf~~~J~f!',:!~",;"/,:,: ~~/. ~.:; . ';~"'I~i"jfd.J :,.,:,. .G(J,G"~1tle~.lil.n~ ,to il(lt as fll,.2~ntt) in tll'IJI QUY!~ and iu,.lUnij,o.f mo%'tMo./i.~D. . Yt{;\~fi \ I ' , "':'j" ,': : .. " .' ,:\, . ':".' ,'" ;~;, . '. . . . ;.' .;,: i {;;.~.':~" eti\1hlcse, fJ&c\ldti~1I and Qth~l' {otfflfJ or negotiable IntltI'ument~and ' . ...,,1~, , ..,"',ni~ a.wN~RAL NA-rUR~ Oif' 1'H.~ nusJ,Nmss to bo tranJi&cttHl by ....'., tl1e ~o:r'poll'aUon sball boe: construction of sea walls, docks, installation of piling and related types of marine construction. .' .'1" ~, ,.~'. ',r: '" .~ ; I . eirid0ne~lJ of indobt.~d:netJB. and to buy and oall1,HlrJ)onal property. ~ithl)t' ii . i..':"': ; ~J~: 't:: .~" ~ ......... " . wb.owl3ale or :t$taUa to pu~(;ha~e, OW~ sell. 'font, lea.lll@, n),ortgali\~ and , ~1tJ;(:r~"; '": ."' . . j ':--' J (.\! . ,I to act ae t.h$ agQut 1n tb.$ buyhlg, owu!ng.~ molHt.u. t'E3L'ltlng. leaoing flr~d . '.~. ~: ~:' i :'-;~',: - tr.\Ol"tl8.ijln,g of prOtHlrty. wh~thtH' l'Olal Dr' I)Ilu:~onal or otno:rwil:Hlj to :\,;.:, 1); ~.' '.\.'.:' I ~'.' '.; j.l:;k '. s~~: . -', !. \~',:' I h' '." 1.~Ji~~l).,~~.");,,;.'...,, " ,', , ~:;:;~'r:; ~:"!' -'ONMll J 8< nUl.ntula.cture. aoqu.ir"lJ or dhpolJe O! )."(tal estate or pElrfJIonal p1"OpIJ1^U06, "quiUell and lilClcuriUtHs of wr.uu@VcJf natul'.\) or kind :Cor both caeb, and cred.it: it> buy an.! il'llLl bond3, sto.eko. llot4U, mo'rtgQ!l,rtJo 01' ethel" iL'ld~btadu~~a ot .~cu.rity~ to loan n~ono}". 4:l1tb,~H' for lts61U or &cting ;1.$ l\i$OU 1n lon.nhl~ mon~y. ~!th.e1l' lQr ltagjl1 I) !I' &M~ting 9,IU Sl.J!enU in. loanina and bli1ylng ~~cudthHUI RIDDLIZ. ATTORI-lEYS ! ,,'" .:, .; I .~ - 2~(J 71EoT ~TRe:ET ~ MIAMI BEACH, FL.ORIO/l. - PHONE UN 0-7621., .. _.' ~;( ! J }r~ " a.. . :.' . to borroW' n1('U'ley and to Sl0CUl'\3 th~ liUl.:ma in whn.t.\"Jver m,annor. inwh1cll .\~y,:+?".:;'<" , .6 ct}r'po;r~U()tl mlgbt d.o &o.d i8 per.tQ!sQ1~1~ under tho la.wlJ of thQ!;t.lr.t0 . ,". 'r.; . ;./ .:~~- <.~. , "~ii~~:~:\~.~.' .... .'.or ~~J.,;: ._. r j .~. . . ,.! ~; \": . of FXQrida. ) \ . II".. J'f\.lf, . To apply for, hoh3t parchalllo, iil\.cqul1"~ or oth~i:u'wb$ dell.l in loUe.-a ~\.~': \ . '1'''\;',If,t.,f,.+ pateut o),t <:opy1"igb.t$ ot. the UnH~~d Statt1l1G ox' othot' e';o\lnt:rlo8j to wOl'k. i~1~{,~:.<: i" ": . . ~., ,; ., ope 'Qt,. .0' develop tbe Dame or to c"", vy .W any ~u.In..., m",:,w"c 1\1' ~."b\'Ji~;.N: . ~J u!" othr>>;rwiflle, which. may dh>lj;JCUy or indirectly l!li!h!l;;t thos\t ObJoctfl ~itr" "", 'T'~'" :~., . or any of them; to auarant~$. purchuEle, bold, ~ell, 1unlgn. trando:l", ~'~ . ~"l. . 'i;~ ,:: i,., ' \ ~{~l;~':~.o ~:~ fO '.' r, ,,~,;t' :(~'.,,~ i.~l" t.t)'~'.:'l. .. ,. "..' ,,:':~'~'~\'.~ ~ o' n101i'taa},&\1l, pAlbdg1') Qr otn0:twhlctl ~c:quil'c 0.1' dispose of tbe Shal'(H1 01 ~'F~?;~!?;I:"1r::' ~:f~\r"'<"':~1'<lit\t{bd by any Piw50n or eotpOll'&tlQU 01 tl11fil Statfit or any othEll' stMli). tt\.:;').,'.:.'. . ../,.j;~:~;~~;;~ ~ . \<,j"'f.t t>11 I..... I. ~ ~ .i,hti 'VI,: ,'-' \>~&plu~l~tock or any. boudB" ec(:u.dt1tIlAil O~. othV1lll' li!lvidl1ncalll 01 indcbteGlnQoe1., '.:>~. . .' .. " ',' . ... /' .....r~.J<..,;.~ (zoU\nt;ry, 1l1,u.tlon, or govermncmt, :and whUe own~;r of $aid !.ltock, r.n~y H,.!:.:t:...;... ,~ .C}1t61"do~ aU the d~t~~~ an.d Pdv~log~fJof Qwncsr~blp, lrH:ludil1g tha right ::~fr,t;r::,. ".....tu vQllli)thm1"90n all natuTal pGroona mIght at' could dOl. .: .' :~~ :!\;~~ ,f ., . .., ~:!~~n~'J~r:'~:~:\.~ :~..~,..; r: :~, ':'. '.r.'r .~- "'-~'. " '1l\ 1 .o"": .~."";'<1- ,....,t;~-.~~~;- '.~ ~ ",\', "';','. ....,' "'.,.',,\a~ . ~ ~'~~l' .ol\lI~..1 ~.Ia"" and por6 O""ll)~OJl. rty. . . .'., '., '.. . . .... ~'1v:;1,~,v-"~~"'i~1,:'p'l'-!,'1~i',~?il;~;tt~/.tJ\1.'",,}~,~:,'f'"~t\o'!,;~.';lt-"":"'I'.":I':I'\....,""':'t,:.:.,~. . ".. ...,".... .": .""":':". ....~:...".,-..'...,Jc.'. . .. .:. "'.'."'" .I...I.JJ~I."I,'-4',,'. 'C'. ~ . ',...,...',1.\.....,1,.., \~..\. \\ ;....!\,.~'l'""A.I!;,vjlr..:I.':~ ,1{',\I)1!l.:i;:;,'~i:'!..':.,J. ,l..'.;~ :;'1" 'i"i~ ,,,:.'.( 1~:...~;.I'l:,l'~, .""\:-,,tV',l ~';1.~~\.l~Ji~f'(.:.~, t t';'~'i' ~ fi.'~,.'r'- ':.~l":i,r ~~. .,' i. ,:~, '. f., ..I'~, .....:.\.1. 1/'.';'" r"','~\t..J" 'l'o enter ui~o, ~ak>tlJ""'or pci~16~.~~'~a~n:a'ct'Q"~r' ~'y'k:~d'~ith'.~~y\..~..;.,i'"lr::.~,~.t~;"" ..~..l...' ;ri~~'l~ .:'l!r;" 'i. _, . t-y:lr.~'i".t!~....~,~. ( .' ~..I~~:r;/!{:'l:. ~ 'l ~::.:}..',J,'" : Il:t\ ,t; If! . .. t ~ ".,., ....,.........t' ~i:/W :" '0....... ..."""try.. territory. . Slat., govornmo.nt o~ .olony, or Anv depondency q-*~(t:l'A~:'\li{( ,'. .. ~~,''I'l~:',;, ""l' ~~~~.:l::~i;.,;.;~< '". " ~.".IJ,; '...., . iJd2U';;i; .',':',' .,. <11.~ """I, . ""eou te, &>1&1 to. ue p Mornl. e o"y nOleo, draft.., bUIo or exc ItlU'4l e,. . -W;", ;;"", ,." "", i"y!!\I.~ l(~~ k!>OIlo'l., debentuY8., ..ad aU 01 ber Ml!l ~I;l"bl. In ottum onto QUid, . ,:, ;':. ".'. W~~>;!'.":"~.i;:~,,,:'''.....d...e.. or lnct.bt.dn..... ..bother """ured by ."o.tllngo, bond or oth.~~" '".:,/;,\"" ' , , .. ',,, ~~I'S';~'< "" ,",', ,. ;;;'18~; 'u ;.;,~u ~. "to ..cu..' tbe."",,,, 1>1 m.>'~ I/Jage, bond" 'oUl<! .:wI.." ," ';\'",'i."i';;:''''> . .:t_ t I ~~: ~ f ,1 pOl' ~~Jl, 4l1socJaUcm. COtporatio~' rnmtl~i)?aq.~y..,~()dy ~~1.~it;.;:(;mmtry~..(;j~j"}f~;fJ~~;;t~~1;r, . ..,"': ," :, ",' ~,;. ,.:,<:.~..:(, ' ,I, ~., \,.',!,\.':.~:';" 'c.'. '. ...... (' :'~'.":+.' '. .,"': '. . "'.'1':' "'''.-,' ,"i: ': ....: '?' :\~\;"i'" .' ,,\ tbe:rool, An4 'W1tb.out limit aD to amo\.ult. draw, Dl!3ke. accept, e.ndoru0. ':;'j'r ", 1'1 To do any and a11 tn toe thingo b~treill set forth. to tile tuum (!J.n.tout ~.I;;C:"";"; '.i". ..\' au} ~tul'al pert3lJ.1'10 ;n'~!3ht or equId do ~ud in any pa,rt 01. th\l world IlKl ::;3::"'; , pdn(t.l,pL1Ks, a3ontOt G:onh,'a,(It.oll'9, (11,' otba!lwh~_ tmd oithon- alOllI') cn.: . ~'. ;. ~'~1"'1'~ in c:o-mp3IlY with otb.(jt~, pUl"cbnee. bold arid t'(a...1sr;ul1) an:)/' of lhl! sna:ro$ .~ Ir:~ . .; ~,;' 'r ' of Us ttnpital ti)t()(lk. In ihuncaif&l to ce.t>i1y flU any othor bl.\l9hl(]l8l1J in connection thei'lllwith., 'i11h~thf.t!' rnanufm.t:tturing (H' Gth0fWiijlll~ not spccUicaUy i()rblddon by the lawlliI 01 th~ St&to of !t'lorida, and with. aU 'pQWat:fG (!on(crlreu upon CO!'porat,1ono t;~."flf1ibj.S'" ._,~... . .," . . ;;;.: .~'.' ....JON~S 'Bc~'~ibbL.E.:" A'rnWtkaY~ ::'i..t~,.~ .; 'by the u\W/iJ 01 t.h~ StMfl) of F1Qrida. .' "Pmgo Two... ,",..u.,""""'T'S'rHE:E:T'.. MIAMI BEACH. F"1_ORtDft - PHON\.!: UN 6-7132.I".i,;',f'~.J;r' - --------_.~. ~-------. '--.._- . . .'t ;'! ';',l' /1 tl : A1\ TIC L:5; lIt. -"---~ I ?, ,;. (. - J>~-';' (~!~WiF"f<':, "utlwd"~d 10 bav. out.landl"!! at any tlm. .ban b..~~..hat"Qo ot 'l'hi9 n~Uthuum munhel" o! lSunro0 of QtQd~ thu.t thQ corpor.J.\tlun 1m I ~::7th~.q.;. ~'!'Q2..:..Q~.JH'U' valu.e. \/.<~/; Ii "~,~:~<,, ~ Ii.," t .:,';'. iJ "Jt<rf.':"'l..:, <!n,'::i~:L ',-, '.!lIhaU b.: . Ten Thousand ' :~"~~f~'j~~S~~.~..'4'.~ ~;.';.:~;J;.'~.'"/ ......,.... ~ .. "., " :}., ";', \~~ ",'.: ARTICL,E I'I, ~'!f 'lh~ amount of capital with wbloh th\/.l CO;1"pOrat!on will besin bu~in~~i'J J '."..'C,il-l..," '''''''.'I'e''''':'' .1'.. \r.,..... ; ::,~'.(,~...,! -~, ($10. 000. 00) Dollars. An. 'l-ICL)~ V. ~"""'~-~ ../ i.' );~,Vtl~\. ~Y.! I ,', '.- . . . ;;~lf!:; , . ,',[ "'." Tho pdncipal OUAe\!) of f.hh COJl'po~ation tVb.uU be located atl 2200 N. W. North River Drive, Miami, Florida. ;!)i~~}I:..:""~,: ' . I.,'; '.. . '., Thl!!l <:orpo-ration ~ball haV., P~l'pcltual onluten':e.. AI\. '1' Ie L V~ \{ 1. lW41ot~...... .1 ......~~ : ..\. '~,~t.!:&y;,~,,,,:.., ~';.,.:; ,~~W;~:'~>, '- "~'.\',-'fi:-'; ; , .le. .' , . ". A~'rlCL;11;; VII. ~~--- "" -' .' ",- '- 1:'-'. ~ ,'''. :; ..'. f ~- I; It . ," . ',. ' . ..~.. <~. ."~' ': '....;...':':. ~ \~~.\'.~:, :..; .:: who IJ~U bold 0111co /($1,' thtt) H:rat Y~qu> ().{ t.h9 corporation' 0 It\;dElttUlI:0, or unUl .rh~ n.tUllQlI9 and pont ()iik~ addrc.g~eo 01 th~ .first .l5Qllr>d of Dh'0CCOJ'tJJ ,:;;\~t";:.;:,, ,.~.h..~ ."'7C.. ~~u aro .el ct.d ,...11 ha va 'llUlllfiea. .'u'e as fOllow., , '. .. i'.,' , . "".' ., Tboma. W. Holbrook, Pl'esiden', 16820 N. W. 25th Conrt, Miaml"..Florlda;,u,...... I X'~\;~~;;:':'i';\:p.;~rl Ai' Fisk · . Jf lee Pre aldent, Rm. 210,' 220 -1lst St. , . Miami B eacb. ,.. na..',: . ';J'T..I~;:~'.! !i~Y;; l~~~\.:I\1.A'\'1.'&;:~'i-'uJ~ . i\" ~r."'l,'. '~'.''t. '.'... t.: .-' . I' \ ,'..,. .',r.: \,}".... h..(V ~,'lt ";1'.'".-\.;,.." ,(, .;t~".4.\.' " ." '"." '. 'f'.", - " i.' 1!..;'. ;. .r'.: :,' . "J" ';'.,;: ,....:..., .' . "., \,,, " '.,', "".... ",'. .,;.~ ,'.... """"'''I!rr."\,';'' \ - .......',.' ".'" . .' '.' .." ..",'.>, ,'.'.' """.' "" <C'" "'i"o,i' . . .., .' ... . . · .'" 0 '." . . 'f ",w, ...< Robert M. Riddle, Secreta,:y_ Rm;,' 210; 220~719t St., 'Miami Beach, . Flu>~" : '1 . Treasurer . :,":;!,";.':.~.~:'f,~J.r,~,t,~:':?f'}':"':""""J'.,',~,;:";'"'?,,,',,<"...._..,., '.'. . , AR''''l''J''. , "". 'r '" ;;."., ",.,.. . . .,.....~~....'''':~'!~ ..' i ::'I:,:~~;.,!.;.?f,.':...';,"'.,.' "jWI'.:\,.. " . ~~<::!, 'I" '>" 'r he 1:1am e. ...r ... c h uub. c r lb.~ to tb e C Ol'tlilcat e hf 1>loorp"....lIon and.,. .I!:{.i '..",. " . i;~:':j;,'t;., " ,t":"~l4mb.~ 01: ..ba..~,oI: et...k"lld vO>!I1" tb...of WI1l." ....h ailr.~. to tske 101 :tt~t,~.~,~\)'.,~ ,....l~,.... " \ ~1WfY~b:i :;<~..':v. N~m'l O"!~(!! 1'':'' ',:':,f,\ V"~"\,"t~.-~~,. .~~ .....~~ (I.f;.t'~F":J.>.~.,, ';.:" ,.', .' ": .,',.",..... ... .. . i, Tboman ,W. Holbrook_ ,Preeldent - -16820 N. W.. 25th Court, . _ -40 _ _ . $4; .0.00',.00 "~~"7""""""""""" ". , . . Miami, Fla. . ' r.:it~~it0.1';::l:;/!,Pearl'A'" Fisk - - Jf lee Pre sldent-,. Rm. 210, 220 -110t St. , M. B.. _" I _ c"" :""'., I 00; 00 I ,(I.~i~f.~~i~~ 1,;~9~~ ~.t!vh Rid die, - S oc 'y, T r e ae"._ C ',' ''.. ,." ,<' ." .".. ' c c.~ 9 - -c. T' ,~, '~~ .oi'."?.o' =I?~~t~..~. . f~lll.'!, r . r ,~*i}" , . IN Wl"l:NJl;.,S WH\':lU;OF, we h..ve hueunto ..\ our ilan<l. and ooal. .:.', ~, Ul!i9..S" ~ day of 'A.'~ NOV~~!)2.L__.. 19_~.i.. .i'I"""~~r._:\IY:'" -.t. ,: ~-~,~;' .'" J,. ~~,~"'r~,tl!~~ ~j;r... ~:~f Addr~l1JB ........J ; ~.... . (, .... ..... ':' --"" S I.tlU'lillll ,', !'" .....,.~ Va!\.lt)': .~,~'.: . ?f~{,~.c;"rV~\'" :'../., .ifft.:: ,:~"J/i .~I . ;. +..1' 1lr, , . ~~. . ..j . :;,. 'of '~.' f..'-). ..~.'t~ ;J I ; r. " . '. '. ,,!,!~'W~"lt."'"'~""'JONAS"& 'RIO'OLE:. A1I'OR.NE:YS "f1),:?~'\ ,...', .;jJ\'.',.',..,.. , , :,"J .t.. ~~..' ,:~..... "'PlJl.4!l Thrflltf#.. , ' .',' .:: 'j.':Im:~~~{t "--rC"",, };/// 09-" ~ (SZAL)'" ~71a;;"W:'~ .--- .. .L~_ t{ ~ .d. ~ _(.\lEAL) .2S..-.~~_ --1 'l-~~r-~~ ~ .l:""'ear .11.. k! lBlC ~ \.i ~-7'~; ~ (~~1~-;;""~(SE,;AL) ,. .'~f(obert M. Rid e <~ '........ i ';"1".:<,,,,",:-' . ";1 . ... :('jii' ,,:"i, .,i.it .-,'! I'" ",' . ~'., 220' 71sT' STR.EE:T ". '.' MIAMI BEACH, FLORID'_ . PHONE: UN .:.:;; L.'.~" ,'i 6-7621 ";'~.;>:~';( (0:::'}i!, :) l~,;'.~l ~l."l'~~"" .:_" ~tATE OF VLO,tUDA ), I . COUN''rV orr DA.D8 ) SG. ;"; 'J'; rO. 1-1"." . I [-U1:n...r4B Y CER TIFY thn.t on th10 day. bo1'ortU tu!.J!, a Notary ; ,.~. I../.}..\~J;. ;',1" :Publ1.l~ cluly autnodmed in thq 5tate Illnd County ahov\!! namllid to take ,t : ~l 1'\'1" J. t' l);~\'" .",~<{:;.: ,.lJl.chnowl<iJdgrnent., pOll)onaHy n.pwun.red;__,T~oma~, yv. . ~.2!brool~,. ~~r~ ,.I\.:~" , . :1;' : I '-:~\{~;, :~'r'!~~~",J I\'~'..t .... . ". ;1 J\ Fisk, and Robert M. Riddle, ~ ......., .--1 to tne known to b~ the pl1lY6\onv ~~'.-... -~----........ d$8Cl'H.UJd 39 aub19orlbtJIr$ in and who cl&.~cuteJ. tho foregoing ~rti.cle:ll of '..1 h 1neorpot'aUou. and ncknowl\9u~ed be!o1"te roo that tb-tly Illubocribod to , r.. ~ . '. ~, '... ' '. " ", ." . . '~:!~,:t"""~:':"'1 ,'; iinOl'ulI Ql'tldus ot In.-:O.t'pOl'1ltlon. " ':" :,1 ~';'._ ::,' . J~~:~t<'j l;-"",/ . ~.. ';', ......'-.'t...- Vl1TNICSS my hl!1tlf1"and oUldal eealin Uta County and Stat.~ nar1.l*.ld ~\~ r:" ',i: ~ .: ~ ~'J'~ '.~ ~!, 19 59. - -" :,.,j ~ ~. . ~ 8bov~ t.hio_ day of"~ November i(t}.,~~.,:" . 1; ;.t~'_ ~ ,". ~J'&;,/(, , otary PUbe5/ '" . . ,"p .~ ~ '" \.;-.;.... .~,. .~(:_:...( f~~t<~~,~"~~,: i;~(~~.,.,.~. ".. !.!t.~1~.:.;f:.~1;;\';~~~\~~' '~;t'; '.,. A...: ;f{J:,.f\.~I; ~ "'"'" ':.' ,. Wj., . :~: .. , '.". '. 'r;'t+,;(~~j,*l:1ui(. . ).~."'..;r,--~. "", ......: .~..r.::~, ;~:::>,. .. tCliIlWlbolon ;'$1Cpl:rtilQt l.... ' .5371-' . .' j'., ~. - :';;." \".' ~ ,I .', '~i' ;'(..~.~_~I -.:. \~ t. .~'1 ,'. ~-. , :') :,'~i';'j;::'; , .' {~!,t\.. 7.';;". ", ~,', I'-'l'}\.,\l\r.~,:' , ,:>:"\I~ ,.:~. r .. " '.,';'.~ . .~: : ....." :, . - ::'"i/('.; k~~..:.:,.:..:t ,l ~'(" . i;j;;(,/: ,~I~1.t~..;:;" H ,. .,~~;"~ . ., ;,~1o:.Y.~.': ,'~~,.'-,\ ...,.... ..l.,~'i.!,....\). !-l, . > '-\'" ~...' '~,.'t-.t.h. 1; ':' .~'~!' ,.\"\'~/" . -' .,'- ,.. , ;n .~ ,'i> . ~ .: '. ,.j-., .;' ;: /.i "~\.i r~) .J: " , , ; !iA~~rtr.G!'~'~1~1.''''~~'H~i'i:,.''l:': :(!. 't rf 1'-' .~.: '. '.. I{~(! ~i~!'~, t ;,; I.~ .', ..;~J .'..' ./ ' ::' ~ ~.\', -.~:...-'. ?' ;- "," " '\ .\. i'~\{f.i.;;';:~0'~,~: ,,', , ',~' i,l; " ~-i~<~' ,..-" . .:\.\tf'dt' .' ~ :. ,r. ',~. . ~,:~ if:' :"~ , , "'!-'o.gl'; itO\ll'~ '1,' J" :.t:I\;. : I.", ,~Q . " ~llftr,~,J~\~i~'{I:M~!{I_" ,~',~ ~ . ;:'~;~.-:. ~'l'~""I~I.j,;,~"" JONAS 6:. RIDDLE.;, r~~~~~ '.......'-~:...~...:..;! ,,:\.'. >~. ~:. ~ . ATTORNE;YS - 220 71sT SiREE:i - MIAMI SEACH. FLORIDA - PHONE: uN 6-7621 :. '~:'1"1' J','\';'''- ----, .----' ~" ~ ~- - ...w '~'~:-~ ~ ~. ~ d~""'{J., 'C '~. ~ - /~. '~;." _.. :.f,! ..,. / I" -it.. />" . . .'" 'I' . fj'~ :I'.,.! 1: '. -& ~ " . ,. . '. '\t . r., J, A ~. I Il, ;:'". ': ~ Ir. .~,: h\t~~i ~~~\11t" :;1.. ~.\l':</'" \,,~ftr.'~&.. fJ.......b~ll. ~,,~' ~~.f.: " <.., '., ''..'.....r!',~ CU t. I~':' '.' ...... .,,, .,'";;.~. r' . ~""'-.. ,,' "'r;-. ~ " fIr Y ~ -.... ~ \. ''tIP:<\ ,~r 'k' " ________, --, " '----..- __________'~'1$fo ~...,.~~- -- /"'~::~!:, .~.. ' ~ "" ~1\ " '. .' -., . _._ '"}. ---- -' . - ~~ -".~~~ -. -..:-" --,- ~\\~"{, ~' ,;f';\--...::~ ....( .' :f- " . _.'~ '~~,t.""~.~.-' ~~.. ):'''''.'~;'''''''''''' :,. -- - - - -'.f.- r=?,. ~!~ . ~~~.~~~_..~ k ~' - ", ~" ";f\ =-.;Jh~~~ f;S1 \,~ --~()Q.WE :! RI,l - 4D~~B~ ~,.z;- 1111 ;;\ (-It (". r. /. ,;> C/~h;;T . c:::v;- )lI.\. ~ ,-b-\. + IW l' H V , '~Oi"kl'/?" ,1'i/~,..0~!>':?I'M~/'7,i{",/ ~ , 7~' + )' . :l /:1 . . ;? ilo 111'wbj! .r.l'rllf~;,;;j;'-I',("':;':~~wkm"/k<<Ym~np ,.-,;.",,.;;,,,,, '//k/C"'/'l"'''';(,,7>''/: r" r~ /. E~ ' CERTIFICATE OF INCORPORATION OF DOCK & MARINE CONSTRUCTION, INC. State of Florida, filed on the a corporation organized and existing under the laws of the A. D., 1959, as shown by the records of this office. 23rd day of November ~ .. '/ 'J ,/ (/) C:? / (/ ;9a'$//;r"'/k~Y~"'W.0'?//kdO'//;,"{i1fc ,'//"''''T<':4i,,,?;~ .-:1 (- / .;;'~. , /-;--- /;J / ,;7 c..;/ . _ / /~/;/~l'lCc~y;{;/"r:(m" ~l'a/MJd,"';>'<<,..,..d;,0,..;;"rt{ // -;1 . ~ ,t0t:/;~~__23l"d f/:1'0~ J10vember c::\~ C)f /0 C ;/.-/ ~/:/"/--,59. ~ W~~-7-- -~L -.. _u .5eaFt.N;ytfPStat~ tl.1 I DOCK & MARINE CONSTRUCTION 752 NE 79ff1 Street Miami, Florida 33138 (305) 751-9911 (305) 751-4825 fax FACSIMILE TRANSMITTAL SHEET TO: FROM, Maria Estevez Alyssa Larson COMPANY: DATE: City of Miami Beach 5/5/06 PAX NUMBE:a, 305-673-7851 TOTAL NO. OF PAGES INCLUDING COVRR: rHONE NUMBER: HE: o URGENT 0 FOR REVIEW o PLEASE COMMENT 0 PLEASE REPLY o PLEASE RECYCl.E NOTES/COMMENTS: If I can be of any further assistance, please contact our office at (305) 751-9911. 255 NE 158\11 Street Miami, FL 305-945-5297 dockan:lmarine@bellsouth.nel Glen larson 111I_ctlVl Provide information for Miami Beach Bid EII.rl.ICI 1989-2006 Dock and Marine Construction Vie. Presld... · Supervise ciI job sites · Quote jobs · Operate barge, crane, tug, on tt'e job experience · Diver, salvage, rescue, captain. firefighting, mechanical skills · Engineering experience · Family run business established in the late 40's Elllcallln 1993- 2000 BISI.ISS Adml,IIUIUan FlU Int.rlsts Fishing, boating, diving, fine carpentry, restoring muscle cars, 1"lr.ICIS References are available on request Miami, FL Miami, FL 269 NE 158'" Slreet Miami, FL 786-514-1931 Sean Haviland ..'Iellv. Miami Beach Derelict Vessel Bid b,.rllnCI 1992-1996 Fantastic Botanical Gardens la.llsel..r · Lcn:lscape Design · Operate Machinery such as bobcat, back ho, forklift · Planting Plants 1996-2001 City of North Miami 1I11.tenl.c. Suplnlsor · Oversee mai1tance crews · Heavy Equipment Operator Miami, Fl Miami,FI Current Dock and Marine Construction Cra.. J Ilrgl Iper'.r · Build Docks and Seawalls · Pile Driving · Read Plans · Operate CicI1e and Barge E_uClll.. 1993 Indian River Community Collage .lla 11..scI,'ng .,slln Miami, FI Fort Pierce, FI 1IIIrlsts Boating, Diving ..f.r..Cls References are available on request. on solowitz IStreet Address, City, ST ZIP Code! (Phone number) (E-mail address] 1IIIIetlvI Miami Beach Derelict Vessel Bid E...rlenel 1998-2001 Outboard Illuer · Installing new outboard motors · Mairine electron~ 1998-2001 'flsldell · Clean boat bottoms · Change Props, zincs · Detail10p sides · Dealt with customers · Oversaw Employess langers Marine Miami, Fl Dock Side Detail and Diving Miami Beach, Fl 2001-Current Dock and Marine Construction I"g. ,penler/Crln. 1.1f'11r · Build Docks · Carpentry · Diving E.UCltlll 1981 11.11 Schall DI"o., .It'resIS Involved in any type of Water Sports 1"lreleIS References are available on request. Miami, Fl North Miami High Miami, FL 7985 NW 3rd Place Fl Lauderdale 33063 305-335-5838 Gar Clanton .IIJecU,. Miami Beach Bid Expefllnce 1980-1999 Dock and Marine Construction Cr.nel B.r.. Iparlllr · Pile Driver · Build docks and seawalls · Diving Miami, FL 1999-2001 Steel Fabricators Ire. Fllllr · Machine Operators · Welding · Plans and drawi1gs Ft Lauderdale 2001-2006 Dock and Marine Construction Cra.I' Barl. OII"'lr · Pile Driver · Build Docks and seawalls · Diving Miami, FI EIIICIUln 1980 N Miami High HIIII Sclle.1 Dlllo.. · Licensed Capitan 200 ton (perxfing) .118f1SII Fishing, Boating, and Diving lIIIrelCIS References are available on request N Miami, FL 6433 Wiley Street Ft Lauderdale 33023 954.274-4790 Rodrl o Bonilla ..'ecllve Miami Beach Derelict vessel b..rllaCI 1989-1999 Dock and Marine Construction Miami, FI , Crall/llrge lalr.tor . Build Docks and seawalls . Read plans . Diving . Operate machinery . Welding 1999-2001 Steel Fabricators Miami,FI Ir.1 Rlllr . Read Pla1s and drawings . Welding . Machine operabr 2001-2006 Dock and Marine Construction Miami, FL Cranllllrge Oaerltll . Build docks CIld seawalls . Read Plans . Welding . Operate Machinery . Diving E~UCIIIGD 1994 Miami, A HII" SChIDIII.'oIII ..rlr.SIS Welding, crane operator . I,'.rlnces References are avanable on request. 2731 Ocean Club BlVd Hollywood, FI Frank Mack IlIlecU,. Miami Beach Derelict Vessel Bid ExPlrl.lce 1987-1990 J.B. Garage Door IBSllller · Installer of overhead garage doors · Maintenance · Demolition and removal of damaged or failing doors Miami,FJ 1990-1999 Ae _eell.lle · Instaner of Air<OllCfltioner units · Duct Cleaning · Maintenance and removal of lMlits Chanin air Miami, FL 1999-Current Dock and Marine Construction Cr... I I.rae ...r.ter · Pile Driving · Build Docks and seawalls · Read plans Miami,FI -- IdlcatlGI 1987 North Miami High Hllb Sclllol DI.I... NMiami III.rISIs Licensed captain 200 Ton (Pending) R.r.reICIS References are available on request. " '. I Darren Co Dawson 301 N. Royal Poinciana Avenue, Apt. #C Miami Springs, FL 33166 JOB OBJECTIVE: To advance my employment based in application of previous experience. EDUCATION: Miami Springs Senior High Graduated Class of 1985 Miami Springs, FL JOB EXPERIENCE: DOCK AND MARINE CONTRUCTION Miami, FL C\lII'eIlt Glen Larson/Owner $14.00 Hr./Piledriver construction and installation of docks, seawalls, boat elevators davits. Removal of hurricane debris, spoil islands ICW LCM GROUP, INC. Miami, FL 9/05-12/05 Lawrence "Bud" Smith/Foreman $20.00 Hr./Fabricator/measure, cutting, grinding, placement and set-up of steel fabrication, Monkey Jungle, Price Smart and other commercial projects. DLS Prestressed, Inc. Pompano, FL 7/05-9/05 Michael BleylForeman $19.80 Hr./Loading and unloading, driving and removal of steel sheeting for foundations coffer dams, seawalls and overpass. l.A.M. Foundation Pompano, FL 5/5-7/05 Joe Murphy/Owner $19.80 Hr.!Installation of Auger Piling from Boca Raton to Ocean Reef DOCK AND MARINE CONSTRUCTION Miami, FL 2003-2004 Glen Larson, Owner $ 14.00HR/Piledriver construction and instaJIation of docks, seawalls. boat elevators, davits, pulling and replacement of mooring pile in Dinner Key, Black Point, and Homestead, (Bay Front) Marinas. SOUTHERN MARINE CONSTRUCTION 2001-2003 Miami, FL Robert Rossi/Shell Faulkender Owners $14.00/Piledriver/Carpenter: Constnlction of residential docks, seawalls, and boat lifts. I 11 .'. ., GENERA L CRANE 1999- 2001 Pompano, FL Mel Lite, Superintendent Boom Crew $12.00 Hr./Erection, disassembly, and maintenance of high rise tower cranes. TELLEBAUM CONCRETE 1999 l.W. Martiot Project/Brickell S12.00/Carpenter/scaffold, aluminum, deck, column form and share. Pompano, FL Tommy Lee, Foreman TURNER CONSTRUCTION' 1998-1999 Barclay Office CenterlBrickell $14.80 Hr.lCarpenter/Layout, fOWldation, footer and slab safety. Miami, FL Dominick SugJarta, Superintendent DIXIE METAL Pompano, FL 1998 Danny Hearndon, Foreman $14.00Ilron WorkerlRed Iron Stair and miscellaneous installation of red iron structures including welding and cutting. COSCAN CONSTRUCTION Aventura, FL 1998 David Alexander, Superintendent $12.75 Hr.lCarpenterfIbe Point of Aventura: Layout, foundation, footer, and slab safety of 30 story condo. - STRA T ACOM Houston, TX 1997-1998 Barry Naugle, Superintendent $12.00 Hr.fTower climber/installer, climbing of freestanding towers up to 300 ft. and erection of mono pole tower in installation of cellular antenna requiring directional orientation and assembly of coaxial cable connectors/weather proofing, grounding and lightening arrest, concrete slab construction, ground ring, and installation of cabinets and ice bridges. SHORELINE FOUNDA nON HaIJandale, FL 1997 . Barry Reed, Owner $13.00IPiledriver, Auger and setting of pile Atlantis ProjectIParadise Island, Bahamas Haulover BridgelD.O. T. Fender Renovation Project. Removal of previous pile structure requiring dive work, installation of false work, punch, set driving of I g" 35' D.O.T. concrete pile and hanging of timbers. I I I I BUNNEL FOUND A TrON Miami, FL 1997 Dick Reed, General Manager SI4.00/Piledriver, Crandon and Matheson Hammocks Marinas, set and weld H-Bearns false work. Punch, set and drive pile, install sheet pile and coffer dam and auger driU and to install 80" 48" case on Key West Project. Miami, FL David McDavitt' Field Superintendent S 12.00 Hr. Installer, shake-out and installation of prefab stnlcture and rail including on job erection MIA Project &. The Point, A ventwa. METALLIC ENGINEERING 1997 TIDEWATER CONSTRUCTION CORP. Norfolk., V A 1996 Resource Management Facility/Dade SI2.00/CarpenterlRigger, Form carpenter & Setter, rigger and ironwork of structure RECCHJ AMERICA, INC. Stuart, FL 1995-96 Bob CameylForeman $12.00 Hr. /Form setter/column footer, driving & cutting of70' 36' D.O.T. pile, assemble set and column pour form. Roosevelt Bridge Project. COASTAL MARINE CONSTRUCTION Venice, FL 1994-1995 D.D.T. South Bridge/Ft. Pierce, FL $12.00 Hr./Piledriver/Template and false work fabrication and set of four pile pier cap/driving of 40' 18 .. D.O.T. pile for pier and fenders, also cable wrap and timber hanging on bridge fenders. CONCRETE STRUCTIJRES, INC. Miami, FL 1993-94 Tommy Lee/Superintendent S10.00 Hr./Carpenter, form setter, brace and shoring of precast joist and beam bottom and twin UT" spans. Miami-Dade South/Community College Project. ACE CONCRETE CUTTING Medley, FL 1993 Charles Black, Owner $10.00 Hr.lOperator of hydraulic handsaw, slab saw and core drill labor foreman, cutting breaking and lead in removal of terminated concrete, some brief sales and estimates. RALPH MERRIT DEVELOPMENT Miami, FL 1992-1993 Jim AnthonylFieJd Superintendent $10.00 Hr.lCarpenter, construction of commercial warehouse, footer to tie bean and interior slab. SHORELlliEFOUNDATION 1989-92 Hallandale, FL Barry Reed, Tony Royo. John McGee/Owners S10.00 Hr.lCarpenter/Piledriver, construction and installation of marinas. seawalls, docks, boat elevators, davits, coffer dams and tie back rod, brief sales and estimates. SOUTHERN MARINE CONSTRCCTION 1987-1989 Miami, FL Robert Rossi/Shell Faulkender Owners $10:00 Hr./Piledriver ELECTRICAL TECHNOLOGIES CORP. Miami, FL 1986-1987 $9.00 Hr./Laborer, install duct bank service, sub-contract FPL INDEPENDENT 1985-1986 Piecework/Hanger/Framer Dade, Broward, Palm Beach OL YMPIC CONSTRUCTION Tampa, FL 1983-1985 Mitchell Norton/Superintendent $8.00 Hr./Carpenter, construction and renovation offast food restaurants and some home building, footer, tie beam, frame (metal/wood), drywall (hand/finish) REFERENCES: A vailable upon request. Exhibit "F" All Contractor's Risk Assessments 20 Q Risk-Assessment Plan (RAP) The proposed project contains risks that must be taken into consideration by the contractor. These risks and their associated solutions may include: I) Onboard contaminants are frequently found on all vessels. Hazardous materials may include petroleum products, paint products, biohazardous materials including hypodermic needles and human waste, and bottled gases such as propane. Solutions to handling these contaminants include the use of containment curtain, absorbent boom and pads, heavy duty disposal bags, and containment barrels on scene. All vessels to be removed should receive a visual inspection prior to any removal/salvage operation. Staff shall be certified as first responders. Personal protective gear (chem~cal gloves and barrier suits shall be stocked. 2) Environmental Resource damage is a concern with almost every project. Sea grass and mangroves are found throughout the area. Many times environmental resource damage has already occurred. A responsible contractor shall consider how a vessel can be removed with little or no further damage to the environment. with a proper salvage plan approved by the appropriate authorities. 3) Accessibility to many vessels after hurricanes can prove to be a challenge. Many vessels end up on private property, and it is necessary to contact property owners of the situation, understand their concerns. and make sure they understand their property will be treated with the utmost respect during the removal process. Storm surge also places vessels in situations where there is limited access from deep water. Many times work can only take place on high tide cycles, and this scheduling must be factored into the salvage plan. Equipment shall be designed for extreme shallow draft operations. 4) Crew safety shall be a priority. Every employee is issued a Safety Procedure Manual. The manual is updated as needed, and formal safety meetings are held regularly. Hard hats, work vests, and steel toed footwear are mandatory while working on our barges. The Deck Boss is responsible for determining and eliminating risks on deck during operations. Diving operations require additional attention to safety procedures. On site safety meetings are held prior to operations and written documentation including a Job Hazard Analysis shall be the responsibility of the Dive Supervisor. 5) The type of material a vessel is constructed of may dictate how a vessel is to be removed and what overall costs will be. An on site inspection of each vessel prior to submitting a quotation will enable all parties to understand what will be involved to successfully complete the project on time and within budget. 6) The Size of a vessel may dictate overall cost and the amount of time it will take to be removed. Vessels larger than what is normally encountered may require specialized equipment that must be subcontracted or ordered to spec. These factors will dictate overall time to complete and expenses involved. Our solution to the need for specialized equipment is the existing relationships we have within the marine community. We have a portfolio of specialized equipment on file including point of contacts, location of equipment, and a history of rates. Our company only works with contractors upholding the same standards for crew. equipment, and work ethics. This quality of networking has proven itself during the hurricane seasons of 2005-2006. 7) Disposal avallabiUty is a factor that must be considered after hurricane clean up has commenced. A high demand for dumpsters and trucking is to be expected. Advance notice to carting companies has improved scheduling and expedites removal operations. 8) The depth of water dictates how a vessel may be removed. Vessels in deeper water may require surface supplied divers rather than SCUBA. or ~ barge mounted crane rather than lift bags. These are factors that need to be addressed prior to a quotation. We maintain a full inventory of equipment to handle these decisions and wiJl determine the most cost effective solution. From past experience, we have detennined the most cost effective manner in which municipalities schedule their derelict vessel programs is by grouping vessels together in packages rather than individually. The personnel and equipment mobilization necessary for this type of operation is time consuming and costly. With numerous vessels being packaged as a single project, we are capable of diluting mobilization and scheduling expenses, providing a more cost effective solution to the City of Miami Beach. Another cost effective strategy to be considered is what other types of marine services can be provided with the same equipment and personnel while it is working in the area. A submerged tree that has created a hazard to boaters or a dock that has collapsed can be removed while the equipment is in the area. These similar projects in conjunction with derelict vessel removal and emergency salvage can be completed at extremely competitive prices. especially in post hurricane situations. A Risk Assessment Plan, or Job Hazard Analysis as known to our crews, is a crucial element for a safe. efficient. cost effective operation. This plan ensures a consistent approach to each project encountered. Each derelict vessel removal and salvage operation contains its own set of risks, and it is not an operation to be considere4 routine. The Risk Assessment Plan already utilized by our company shows our commitment to providing clients with a quality operation that they can count on every time. o 4/14/06 RFP # 15-05/06 Risk Assessment Derelict vessel removal can be very simple requiring little planning and no risk. On the other hand jobs can be very complex and extremely high risk. In an effort to eliminate issues of over budgets not completing the jobs change orderss etc. the contractor will bid each project on a no-cur~no-pay basis. No cures no pay means if the contractor does not complete the project with in the tenns and conditions of the specific agreement the city is not require to pay. With a no cures no pay, mangement all the risk is on the contractor and eliminates all risks to the city for non-performance. No Cure No Pay is a common pay 81Tangement in the salvage business. As it applies to this contract with multiple bidders it should be a great asset to the city. All work will be performed in accordance with current laws and regulations governing the specific type of operation we will perform on the job. All work will be supervised with PIC and the PIC will be directly involved in all vessel removal efforts to insure the . safety and quality of work. All environmentally risks and concerns will be assessed and appropriate action taken to minimize the impact of the vessel removal. All cost associated with enviromnental mitigation will be included in our flat rate price. @) RISK ASSESSMENT PLAN The Removal of Derelict vessels is at times very complex. However this will attempt to simplify it for purposes of the Risk Assessment Plan. The first area to be described is where the derelict vessel is not sunken. With this first type of scenario the vessels will be secured, towed, and disposed of pursuant to the scope of services contained in the RFP. The risk involved with such a scenario is directly linked to any unforeseen which would happen while the vessel is in tow, i.e. break loose or spring a leak, which requires additional man-hours than originally anticipated. However, we will stay committed to the original quotation for each project price regardless of what happens after we start towing the derelict vessels. The second type of scenario is where the derelict vessel is partially sunken. Although pricing for such a scenario will be submitted pursuant to the City of Miami Beach's request, the risk is assumed by us in the event the pricing did not cover any unforeseen activities, i.e. the vessel totally sinks or totally breaks apart. We will be committed to do the work at the original quotation for project. The third scenario is where the derelict vessel is totally sunken. This last scenario is where most of the unforeseen risk will be assumed by this service provider. However, we are fully committed to fulfilling the services described in the RFP at the price quoted prior to the commencement of work. The three scenarios above are being presented when nonnal conditions exist and there is time to assess the derelict vessels, prepare a quotation and wait for a notice to proceed. Unfortunately, there are many instances where we do not have the luxury of time i.e. hurricane season, and the turn around needs to be expedited. We will work with Marine Patrol and will follow their instructions. We are ready and conunitted to carry the burden of the risk involved with such a project. The bottom line is we are conunitted not the request any CHANGE ORDERS once the notice to proceed is issued pursuant to an agreed price proposal. Therefore, there will be no surprises when the invoice is submitted. This type of risk assessment plan should give the City of Miami Beach a comfort level. We will carry out the work efficiently, effectively and safely. We will be on time when providing the required services. We will work in partnership with the City of Miami Beach to ensure controls are in place to meet the vision set forth in the RFP. We will record the vessel registration when available, photograph the wreckage, and provide accurate descriptions of the derelict vessels. In the event there is Hurricane, we will work closely with the City of Miami Beach, Marine Patrol and FEMA representative to ensure any and all safety concerns are promptly addressed. We are fully aware that some of the work will take place in environmental sensitive areas and we will take every precaution to safeguard these areas. MiamI .l:ieach. tilorida 33139 RB: RPP-1S.05-06 Removal and DiBpolal of DcreUct Vessels Subject: Risk &Bessment PJ.n To whom it may concern, The above-mentioned project has the following risks: (a) The main factors affecting time frame. change of budget, cause of change orders, or dissatisfaction with the owner would be the following any additional weather related disasters sUch as hurricanes or tropical stonns. Shallow water areas that may restrict equipment access. Environmental conditions (presence of seagrass. fuel or other contaminates aboard vessels that may require special cleanup or containment), utilities or pipelines buried in the bay bottom. Vessel ownership conflicts. Authorization from the state of Florida to perform emergency cleanup (Registered vessels require specific documentation). (b) The above- mentioned risks can be avoided or minimized by obtaining all necessary infonnation on the vessels and ownership, visiting vessel and site before a quote is sent, obtai ping all clear from utility companies. Last but not least the most important aspect is to have the proper equipment and equipment that is well maintained. (c) Options that could increase the value ofthis project are bundling vessels! debris into one quotc rather than having separate quotC5 for each vessel. The benefit of creating a RAP is that' it -lets the city know the factors that may affect the work. In our tine cfbusiness there are many unforeRcen conditions such as those addressed in this RAP. Many of these factors are not obvious to someone who is not in this industry. . i,.)_t:...lllr.a'II:.I~ ~,:~,iF.'t.I']._ .......< APR-1B-C'007(WEO) 13:sa MITCHELL YORK COOPER :1..l\.'I~.I:I.;ri': (FAX)77C'67S7aOl POOl/DOC' ACORD... CERTIFICATE OF LIABILITY INSURANCE I DATlllIM/DlIlY"N'l') 04/18/2007 Pl'al:lUcl!R (900) 449-3327 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mitchall Yo~k Coope~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Tl1IS CERTIFICATE DOES NOT AMEND, EXTEND OR Pest Offioe Box 189 ALTER THE COVERAGE AFFORDED 8Y THe POLICies eeL.Ow. Robia Sound FL 33475- INSURERS AFFORDING coveRAGE NAIC' IHSU"IlD IN:;U~F.~ A: RLI Inauranco COlloaDV Dock , !obrino Con.st.ruc;!1:ion, I.nc;! . INtlLIR~R R' Great Amorican Xn8 Co 752 NE 79th Suoot INSUR!!" C' INf:IIIU'RI'l' Miami E'L 33138- IN~Uf\r" r COVERAGES THE POLICIES OF INSURANCE LI!rl'ED BHOW HAVE BEEN ISSUED TO THIi INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM QR CONDI1'10N OF ANY CONT1\IICT OA OTHER DOCUMENT WITH RESPECT TO WHICI" 'tHIS CEA'TIr-ICATE MAY BE ISSUED OR WW PERTAIN. 1'HE INSURAN(:e AFFORDED BT THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH~ T~RMS, I!XCLUSIONS AIIID CONDITIONS OF SUCH POLICIES. AGGREGA1'E LIMITS SHOWN MAY HAVE BEEN REDUC:~D BY PAID ClAIMS I~ ::'~!f;~ TYPIl af INSUMMel! POUC'I'NUIIDlllI ~~:::~- ~A'" liiJic~N Ullmt A X ~NellA" UADIU1Y / / / / CIIC>I OCCU''''~'''''' & 1,000,000 ..!.. 31\,\MI!IICIIII. GijNlil'AL LIAPII.ITY e~~:r,'P;!:9"~~~~"r",' & 50,000 - CL-'IMB MAoe I]J OCCUR IIILPO:200003 08/13/2006 08/13/2007 M!!O I!llP IAn- en. .....onl I 5,000 "~"NONI\L .. ADV INJUAY J 1,000,000 / / / / O~N~IlAL AOORc;QATC J ~,OOO,OOO '3tJ'L AGORtin' LIMIT AnC~ PCA: I . COMPIOP Ace; : 1.000,000 X pOLlCY ~~~ LCC / / / / ~TOIIClDI'" UADIUTT / I / / COMllltlED 6INOI.F. LIMIT Ilia .ctl~.'1I1 $ - ANY ",UTO - ALL OWNl!O AUTOS 1 I I / DaDl1. Y II'4JUMY l~.' ~.".~J $ - !lCfU!OULI!O AUTO!! - HIReD AUToa / 1 / / DODIL Y INJUtlT $ - NONoQWNI!O AUToa I".' ledOonl] / / / / PRClf'IiRTY OA","I;\: - ...- - ---- ." -.-. (PI' .tdOlnO .' $ ~Moa UADIUTY AUTO ONl. T . ~ ACCID~NT $ ANV"UTO / / / / OTHER THAN FA ACC $ AUTa CNL T: Ace $ 1:1 X DCIlDlI/IJIIDRaL&.l UAIII\JTY QGI SB3 30 71 08/13/2006 08/13/2007 CA N"''' S 1,000,000 !loCCUII 0 CI,AIM!lMADG AnClRc;l1A'l'l: $ 1,000,000 $ I;l Del:luC'tll)l.e / / / / s X "C'T~N"I10N $ 10 I ODD $ WOIUCIlICI caIlPIINIlAT10N ANI:I / I / / 1.."XK.tI1'J,~ I 19!~' DI"LOTllIlll' I,IAmUTY ANY PROPNII!TORIPAHTNERIIillIiCUTIIII; I;,l. IacH ACCIDI!NT $ cmcCMolI:Mi'eA exCLUDl!O' / / / / ~.l. DII,'asl;.1!A I!MPI.CTI!~ $ II ,", ~1'CI\110 uncl., :lP~CIAI. PI101lI\lIONlLl OII'aw ~.L OI!:CM!!. POLleY I.'MIT S A OTHDR ProteCtioD , 1Qdom Kld'c200D03 08/13/2006 08/13/2007 1000000 / 1 / / I 1 / I OI!SC"'1"T10N 0' Ol'DAATlON:sn.oCAnaN:IM!"It:Ll!l\IDCLl/G10NSADDCIlIIY I!NDONOllllaNTIV.cw. ....CMSIallll C.~1cato holdD:.' ,b Addid.oDAl :Durw:ocl w1e.n nll~C11; 1;0 1Ul'P 140. 15-05/06 ~a,'I. ac4 d.:I.itpOlI.:s. aC dD~.l.:I.=t _...1.. ..rv.l.co. CERTlt=ICATE HOLDER (305) 673-7e51 Ci ty 01: Mi.ami. s.ac:b. City ~ PJ:ocw:8m8Ct D1.v:i..:i.on 1700 Convention c..n1:.er Dr. M1UL:L ~eh li':t. 33139- ACORD 2S I~OD1/DB) 6t._-INS025la'caJ.D~ CANCELLATION IHOUI.D ANT a, Ttfl! ADOIIIl DI18C"'DllD POUCI.ll II' t:ANCIILLIII:I III!'ORII Tli. DI'1"-'TlON DAT, THIlRea" Tl(1! 'GlUING INSUNIlR WIll. IlNOllAlION ra MAIl. ;1.0 DAYS WRrTT1!N NOTlCa 'TO 1'1111 cqR'T1f.CAT1I HOLDIA HAMill TO THII Lerr. OUT ;':;;:;;-IUI TO DO DO IHAu..I.I'OOI HO allUDATlaN OR UADIU,yOl' A/IT IONCI UPON TliD INIU". rT'IAaI!NnO""I!....r..OITATNI~ ,/ AUTHolUZJ!D kl~l.aNTAT1111 ('~ '/ I I!LeerlOONIC 1.A6~R FORl.m. INC. -18001'21-0("(' ".0' I ., 2 -~{:I.:II.''(:I'.~'';''' .:,.l..i:....ltllr_al1:J~~ ~,.;......,iEt....]a__=I=-.!.\.....::I:"I:I.;r!.l: Date. j/19/2007 Time. 4.11 PM TOI ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 04/19/2007 PRODUCER (305) 556-1488 FAX (305)556-3680 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NSI Insurance Group ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8181 N.W. 154 Street AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 230 Miami Lakes, FL 33016 INSURERS AFFORDING COVERAGE NAIC# INSURED Dock & Marine Construction, Inc. INSURER A Commerce & Industry Ins Co 19410 752 N E 79 St INSURER B Miami, FL 33138 INSURER C INSURER D IflSURER E @ (305) 7514825 NSI Insurance Group Paqe: 004 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO RENTED COMMERCIAL GENERAl LIABILITY $ - ~ CLAIMS MADE D OCCUR MED EXP (Any ona parson) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGA1E $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGG $ I nPRO nLOC POllCT ,IECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - [Ea aCCident] $ ,ANy AUTO - ALL OINNED AUTOS BODILY INJURY - $ SCHEDULED ALJTOS (P~r person) - HIRED ALJTOS BODIL Y INJURY - $ NON. OWNED AUTOS (Per aCCIdent) - - PROPERTY DAMAGE $ (Per aCCident) GARAGE LIABILITY AUTO Of~. Y - EA ACC IDENT $ =1 ,ANY AUTO OTHER THAI, EA ACC $ Aura ONI Y AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGArE $ $ ~ DEDUCTIBLE $ REfENTION $ $ WORKERS COMPENSATION AND WC2959152 10/20/2006 10/20/2007 I ,v!.~yS,r ~;,tt~ I IOc~ EMPLOYERS' LIABILITY USLH 100,000 A ANY PROPRIEroRiPARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E L DISEASE. EA EMPLOYEE $ 100,000 If yes. describe under 500,000 SPECiAl PROVISIONS below E.L DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RFP NO. 15-05/06 Removal and Disposal of Derelict Vessels CITY OF MIAMI BEACH CITY HALL PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ...1!L. DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ~ ~ ACORD 25 (2001108) FAX: (305)751-4825 @ACORDCORPORATION 1988 _:'l:lIl:ll.'J:II......:._ ~,.]..I::...'lIr~II'~J:iI~ ...,~....'ia...)._ :I:.'~,.'a:II:iI.:r~': Date. ~/19/2007 Time. 4,11 PM To, @ (305) 7514925 NSI Insurance Group Paqe, 005 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) _:-(:I.=-a'l:l.....'~_ Date. ';/19/2007 Time. 4.11 PM To. !~..,....tItr_lItI:J:iI~ jjI;,:.."lia.IIII__:I=-.~\:1:1~.I:I.;r~,: Paqe. 006 @ (305) 7514925 NSI Insurance Group Additional Coverages and Factors 10/20/2006 Line of Business Coverages for Coverage WC & Employer's llability Drug Free Adjst. to reconcile-exp mod. premium Premium discount Expense constant Safety Credit Surcharges Terrorsim Workers Compensation Limits 100,000/500,000/ 100,000 Oed/Ded Type Rate Premium -1,950.00 -5,558.00 -847.00 200.00 -796.00 1,194.00 Factor 5.00000 0.83000 0.98000 _!f::lIl:lll.''(:I..~t.;._ ~,.)_I:...lIII._al1:J:.I~ ~t:,,"iIa"I.).__:I=-.!.\..,:t~wt:..;r!.l: Date. /19/2007 Time. 4.11 PM To. r-- I ACORQ. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIVYYY) 04/19/2007 PRODUCER (305)556-1488 FAX (305)556-3680 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NSI Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8181 N.W. 154 Street Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 230 Miami Lakes, FL 33016 INSURERS AFFORDING COVERAGE NAlC# INSURED Dock & Marine Construction, Inc. INSURER A Mapfre Ins Co of Florida 34932 752 N E 79 St IflSURER B Miami I FL 33138 INSURER C IflSURER 0 INSURER E @ (305) 7514825 NSI Insurance Group Paqe, 001 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,N4': r,R~p TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - DNMGE TO RENTED COMMERCIAL GENERAl LIABILITY $ - tJ CLAIMS W\DE D OCCUR c MED EXP (Nil' on. person) $ - PERSONAL & ADY INJURY $ - GENERAl AGGREGA1E $ - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ I n PRO- nLOC POLICY .IECT AUTOMOBILE LIABILITY CA018988 07/08/2006 07/08/2007 COM81NED Slr,GI.E LIMIT - (Ea aCCIdent) $ ANY AUTO 500,000 - AlL OVliNED AUTOS BODIL.f INJURY - $ X SCHEDULED AUTOS (Pi::lI person) A X HIRED AU10S BODILY INJURY - $ X NON,OWNED AUraS (P9r aC01denll - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO OTHER THAN EA ACC $ AUTO ONL Y AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR o CLAIMS MADE AGGREGArE $ $ ~ ~EDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATJONAND I iX~vS: :::;,If,, I IOJ~' EMPLOYERS' LIABILITY i>NY PROPRIETORlPARTNERlEXECU1IVE EL EACH ACCIDENl $ OFFICER/MEMBER EXCLUOED? EL DISEASE - EA EMPLOYEE $ [f yes. describe under SPECiAl PROVISIONS b.low E L DISEASE, POLICY LIMIT $ OTHER ~ESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS FP NO. 15-05/06 Removal and Disposal of Derelict Vessels CITY OF MIAMI BEACH CITY HALL PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH , FL 33139 SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZEO REPRESENTATIVE h~ ACORD25(2001/08) FAX: (305)751-4825 @ACORD CORPORATION 1988 _~(:l"':IIa'l:l'.~.~ :.'ll..I:....tltr_a":J:I~ ~;t:..."iF.l..llla_ :1=-1I'~I:IIJ:t.;ri.: Date. ,'/19/2007 Time. 4.11 PM To. @ (305) 7514825 NSI Insurance Group PaQe. 002 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) _~I:JIl:ll.T.(:I'.""':" ~,.)_I:...I'lIr_an:J~~ ...,.:~.,iF.t"I'U_ m.r~\l!:II:lIl:il.'~l: Date. 4/19/~007 Time. 4111 PM To. @ (305) 7514825 NSI Insurance Group Paqel 003 Additional Coverages and Factors 07/13/2006 Line of Business Coverages for Business Auto Coverage PIP-Basic Combined single limit Uninsured motorist B1 split limit HIRED AUTO LIAB Non-owned Comprehensive Co 111 51 on Limits 10000 500,000 10,000/20,000 Oed/Oed Type Rate Premium Factor 500,000 500,000 500/Flat SOO/Flat