Bid No. 123-99/00
<. ",
INVITATION TO BID
ROOF REPAIR FOR THE FLEET
MANAGEMENT BUILDING
BID NO. 123-99/00
BID OPENING: AUGUST 31, 2000 AT 3:00 PM
Gus Lopez, CPPO, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
BID NO. 123-99/00
DATE: 7131/00
City Clerk
c2J'J.
1/31/01
CITY OF MIAMI BEACH
INVITATION TO BID NO. 123-99/00
NOTICE TO CONTRACTORS
Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700
Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 31st day of August,
2000 for:
ROOF REPAIR FOR THE FLEET
MANAGEMENT BUILDING
Scope of Work: lIDs Project consists of the re-roofing of the single ply roof and the repair and
coating of the metal roof sections of the Fleet Management Building located at 140 MacArthur
Causeway.
The work for the single ply roof includes removing the existing roof system down to the concrete
deck, installing 1/8" tapered insulation, installing modified bitumen membrane flashing at all vertical
terminations, resealing all existing scuppers and the installation of walkpads to match the existing
configuration. The work for the metal roof sections include pressure cleaning the metal roof and
gutters, sealing joints where panels lap with silicone or rubber caulking and sealing all mechanical
attachment devices that penetrate the roof surface.
Sealed bids will be received until 3:00 p.m. on AUiUst 31. 2000, 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 p.m. on August 31, 2000, will be returned to the bidder unopened.
The responsibility for submitting bids before the stated time and date is solely strictly the
responsibility of the proposer. The City is not responsible for delays caused by mail, courier service,
including U.S. Mail, or any other occurrence.
A Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 10:00 am. on
August 10,2000, at the Fleet Management Building located at 140 MacArthur Causeway, Miami
Beach, FL 33139.
The successful bidder will be required to furnish Performance and Payment Bonds, each in the
amount of one-hundred (100%) percent of the contract amount.
The Bid package is available by calling DemandStar.com at (407) 975-3227 and requesting
Document #1233.
BID NO. 123-99/00
DATE: 7/31/00
The City of Miami Beach reserves the right to accept any bid deemed to be in the best iate..est of the
City of Miami Beach, or waive any informality in any bid. The City of Miami Beach may reject any
and all bids.
You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with
Ordinance 99-3164. Requests for additional information or clarifications must be submitted in
writin~ to my attention, and may be forwarded via facsimile to: 305-673-7851.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by
mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach,
FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence.
All questions must be received no later than ten (10) calendar days prior to the scheduled bid
opening date. All responses to questions/clarifications will be sent to all prospective bidders in
the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER
SAID DEADLINE
Thank you,
Gus Lopez, CPPO
Procurement Director
BID NO. 123-99/00
DATE: 7131100
..
BID Ne. 123-99100
BID PROI'OSAL fOR
ROOF REPAIR lOR THE FLEET
MANAGEMENT BUILDING
PROPOSAL PAGE 1 OF 5
PROPOSAL OF
~ld:h"'f"l CCYLd-.:r::-~"'fV{q~ lf1c.
~
Nv.) ~ ~(H:l , 01.l!r,fo1 d
(Addn:ss )
(FOR)
CoDStJ:ucting the improvements designated lIJld deacribed in the allached Notice to CootIactors, lIJld
which said Improvements are designated as tile ROOF REPAIR fOR THE FLEET
MANAGEMENT BUILDING and more partic:uIarly set forth hemn.
D1~
.fJ. (,{/,.,
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334.li {
SUBMlTIED
19_
TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA:
We the undersigned, hereby declare that no person or penoII8, firm or COIJIOOdion otII<< than the
undersigned, are intercstlld in this Proposal, as pt;"";pJs, and that this Pl.upuaI is made wi1hout
collusion with any person, firm or corporation, and we have caretwly and to our full satisfaction
examined the attached Notice to Contractors, General ProvisiottS, Specifications for Materials lIJld
Construction Methods, Supplementary Conditions, and fonn of Contract and Bond, together with
the accompanying Plans, and that we have made a full examination of the location of tile proposed
Work and the sources of supply and materials, and we hereby agree to furnish all implements,
machinery, equipment. transportation, tools. materials, supplies, labor, and Olber tbings llC( . yto
the prosecution and completion of the work., fully under3tanding that the quantities sbown in the
Notice to ContractOl1l and Proposa1 are approximate oo1y. and that we wiD fully comp\de all
ne=;,1lT}' work in accordance with the Plans and the lIIt....hed Specifications, and the requimnents
under them of the Engineer within the time limit specified in this Pl.oposaI for the tbIlowing lDlit
prices lo-wit:
BID NO. 113-9MO
DATE: 71311tO
BID" J"t ",.
BID P1tOPOSAL lOR
RooI REPAIR lOR THE JLUT
MANAGEMENT BUILDING
PROPOSAL PAGE 2 OF 5
All bid items Iba1l include costs filr film;",,",! to the City III ....-u.l, eqllq"~. IIId supplies IIId
for all e<>St iIlcurred in completin& the work, including installation of aIlllUlterials, equipment, md
supplies furnished, complete in place and ready for continued service, inc1udiDa all tie-in WOIk. md
tatina. all other labor. permit filcs, taxes, insurm:c, miscellaneous COSIB, Oftrhcad and profit.
The Contl'llaor shall be Sabatudally C_pIeted with the Work w1thID Idrty (30) aJeladar days
after the dale when the Coa1l:act Tunc c;onmuonr.cs to run as providccl in par&gnIph 2.3 of the GaImI
Conditiull5, md completed aod reaclr for fiul pII1IIlent in lIl:COId8Dcc with plII:8gnIJIh 14.13 of the
General Conditions witbiD forty-five (45) calendar dll)'l after the date when the COntrla Timc
c:ommcllccs to run.
A. Fleet Maaqement Bide- -Replace with a Built-up Roof:
s J./2J'flfb.2Z
B. Fleet Maaapment - Metal Roof:
s 6S(JO. 00
TOTAL:
s J.l.8.9sfb. 2~
.
~ hllM1' TIt~tI.sI'r,.J'~ NItlbuJil'04JP f=cJ<1y -~i ~ ~-~ItJ{t:ilD>
Writtea MOuat ~
BID NO. 12J-991OO
DATE:9/MO (AMENDED)
CITY or MIAMI B2ACB
5
tOOIl!!
IV~ ~NISVB~8nd '<<'R'~
Y99L tL9 gOt IV~ 9Z:tY 3nl 00/90/80
Bm Me. 1>><"111
BID PROPOSAL fOR
ROOI'REPAIR. fOR TBE n...a:T
MANAGDD:NT BUILDI\lfG
PROPOSAL PAGE 3 OF 5
ADDENDUM AMCNOWI.J:DGMJr.NT
ADDENDUMDAn:o
S1GNATV1tE OF PERSON SIGNING BID
No. j :S'fh';OD
.
No. t. B,1J}~tJC
No. ~ g.-S-~
Bidder accepts all of the terms and conditioas of the Doc:umeots, including without
limitation those dealing witb the disparition of the Proposal Guanmly.
In submitting this Proposal, Bidder makes all ~tatiODS required by the IDslruc:tions to Bidders
and further warrants and roprcsc:nts that:
a. Bidder bas examined copies of all the Bidding O"""........ts, the Notice to Contrar:lors, the
Proposal Requiremeats and Conditions, and the followiDg Addenda (receipt of all which is
hereby acknowledged):
b. Bidder bas fluniliarizJed itself with the natme and extent of the Contract Documents, Work
Site, Locality, and a111.ocal Conditions and Laws and Regulations that in any manoer may
affect cost, JllogJaB, performance, ~ furnishing of the Worlt.
C. Bidder bas !ludicd carefully all reports and drawings of subsurface conditions and drawings
of physical conditions which are identified in the Supplementary Conditions as provided in
Paragraph 4.2 of the General ConditiOllS, and ~~ the determination set forth in Paragraph
SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such
reports and drawings upon which Bidder is entitled to rely.
d Bidder bas obtained and carefillly studied (~ _ responsibility fix obtaining and
carefully studying) all sud1 examinatioas, investiplioas, explorations, tests and studies (in
addition to ~ to supplement those ,,,f\;u..d to in (b) allow) which pertain to the subsurfiIce or
physical conditions at the site ~ oth..,.. iBe may affect the cost, prog.~ perfOlUWICC ~
furni.hillg of the Work at the Contract Price. within the Contract Jane and in llCCOIdance
with the other tenDS and conditions of the Contract floolJl\ClltB,,including specifically the
provisions of ParlIgrlIph 4.2 of the GeneraJ Conditions; and 110 additional ex.unin:JtioDs,
investigatioua, explcntions, tests, reports ~ similar information or data are or wiD be
required by Bidder f~ such purposes.
BID NO. 1Z3-99IM
DAn. 7131_
crrv 01' MIAMI HACH
,
BID No. U3-9MO
BID PROPOSAL fOR
ROOF IlEPAIR lOR TIlE JI'LIZT
MANAGDtJ:NTBUD..DING
PROPOSAL PAGE" OF 5
e. Bidder has revieMd and checked IiI informatiODand data shown oriDdiaed indleColmct
DocumeDIs with rapect to existiDa lJndetaround Facilities at or contiguous ID die site aDd
asaumca responsibility for the accurate Ioc:atioII of said Uaderground Facilities. No
additiooaI........m..tions, investiptioos, explorations, tests, ~ns or similarinformalioaor
data in _peel of said lJDderarouud Facilities 811: or will be required by Bidder in order to
perform and filmisb the Wom It the Contract Price, wi1hin die Contract TIMe and in
accordaDce with the other terms and conditiOllS of the CoIItract DocumeIIIs, includiDg
specifically the provisions ofParagrapb 4.3 oftbe General Conditions.
f. Bidder has correlated !be results of all IUCb observatiODS, euminatiOll8, investiptioas,
exploratiODS, tests, ~ns and studies witlI die terms and conditiODS of die CoIIblIct
Documents.
g. Bidder has given the City written notice of all cooffictB, errors or disc:repanc:ies that it bas
discovered in the Conttact Doc:tunents and the written resolution thereof by City is
acceptable to Bidder.
FIRM'SNAME~orType)~(" C'll~ ~Jufn~ It)(.
SIGNA"", 4,L,~, ~~
TlTLFJPRIN1'EDNAME: (~ tt ~. rQ.{--!..
ADDRESS:I\')1." 1oJt.l.) 1~.s.b~ If. j')g 0 ~Plrl h Of h FL 33LJ.ul
I '
TEI.KPHONENVMBER:95<.J..t../..J 10- "7)::;12... FAX:QsY. - '-010-":'4::..0
8IDNo.l~
DATI: 7131_
CITY OF MIAMI BEACH
7
-~"".PAGJ:5OP5
The UDdersiped firiIer.- to perfixm all..... "Y"Ema Wodt",_ proftcleclbin die ~
IIIlI Supp""'-'~-'" ProvirioDs IIIlI to euc:uIe die "'-'-1 CoaIIact widIiD tal (10) c:aIencIIr clays
after the dale 011 which die Notice of Awtad .. been sivea. The 11nlI-l~ fIutber .- to
COlIIIIleDCe wort tmder this Contract within seven (7) days fbI1owioa the cIIIte ~ 011 the Naticc
to Proc-l by the City IIIlI to SlJbot-ti"'lyCODlp_ the Work IIId to filllyllld F-uyC...... '~I1he
Wort with the ConllllCt lUDOperiocl as stipulated in the A&r-....t. The undersigJIed further....
to pay as liquidated damages for each conaecutive calendar day that puleS Ifter the CODInIl:t
Substantial CompJetioodale Ihld the Wort is IIOt auJ>at-ri""ycomplcted, aDd beach consec:uIive
calendar day that puaes after die Contract Final Completion date that the Work is lIlll <XIIIIp1eted IIId
ready for final payment, die amounts of liquidated mu....r being as stipulated in the Ag.............
The undersigned fbrtJM:r ~ to furnish sufficient mil ....n"'-tory bond in the sum of not Jcas than
(1000.4) one-Inmdred perceIIl of the contnIct price of the work.
The undersigned further 88J1lOS to bear full colt of maintaining all work until the fiDal~ IS
provided in the General ProvisiOll8.
Ac:companying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in die
sum of
Dollars S
Bid Bond is to be forfeited as liquidated damages it: in case Ibis Proposal is accepted. the
W1denigned shall fail to execute the attached Contract under the conditions of this Propoal;
oIherwise, said Bid Bood is to be returned to the undersigned upoo the deliv,fSatisfilctory Bcud..
Signature &: Title ~ rlfu:t E . ,fn Iv.. f <c. J / _ ~ k.ilL
Address ~ J..:JtI ') tk:c;;t, UuL'drt bWLh, ~l 33'-tt.JI
TelepbooeNumber q5l.. t..l...J In. ~:l.,Id-
BID NO. tU-"....
DATE: 7131...
CITY OF MIAMI BEACH
.
CON'I'IIACTOR'S QUUI10NNA1U
NOTE:
br.n.atIoD ......UecI.. . tlf-o..." Waqaestleualre II tAl)1 ~l"'" "10-
'_rate... ..t....._ _...... _1 be &r'"IIlII fer............ J thJD rn.
...... .r tlllllIId.
Submitted to The Mayor and City Ovnon;";QQ of the City of Miami Beacb, Florida:
By ~,-t\.-.. rr\ C<<Y.<X:. 1:::..rrt-~'.p-i<,l" j Inc.
PrincipalOffice~ Nt,j l~~ ~,Id huuh rL ~lJ-,'J
, ..,
How many yean bas~ Orpn;7"tQl been in business as a General Contractor IIIIder your present
business ?
oame.
DoeI your DrglIni7JItioa have cuneot oocupaf.ioualliCCllSeS entitIing it to do the work lXlDlemplated in
Ibis Contlact? ~
Slate ofF1orida occupatioDaIliceMe - state type and number: c... C C. O"Sf't..I.S 1_
Dade County certificate of compcteocy - state type and number:
City of Miami Beach occupatioIIaI1icense - state type and nlllllbcr:
Include copies of.ooye licenses and certificates with proposal.
How many yean experience in similar work bas your organization bad?
(A) As a General Contractor
(R) As a Sub-Cootraaor 7
CI What contJacta bas your organization completed?
ConIract AmI C1ass ~ ~~AddreSS of Owner
Have you ever bad a contract terminated (as prime co..c.....tor or suIH:ontmctor, under existing
company name or another company name) due to failure to comply with contractual
specifications? n D
Ifso, where and why?
Has any officer or partner of your organization ever failed to comp\etle a COIIItnIction contract
bandied in his own name? ("\ 0
If so. state name of individual. name of owner, and reason thereof
In what other lines of business are you financially interested or engaged? (\ t:rI.
B1DNO.I~
DATE: 7131M
cnv 01" MIAMI BEACH
,
'.
Give mL..-.-1S toe:xperienc:e, 1bility,IDd fin--I,,~,.,.c... ~
Wh8t eq~ do ~ own IIIIt is available tbr tbe r ~ IIId wbere ~
C' ~ , ""1>> -tYzu ~ fA 1 l. -I ~. hci b::t:t.u..~
Wh8t 8IIIIt or 81mb have you all&oop.d 10 do "''''~ III with daring tbe COIII'IlI of!be CoIItnct sbouId
it be awarded to yqu?
;::;(~ Lln,I'.n bL/lK-
Please list !he names and addresses of !be subcootractors to be used for !he portions of !be work
listed below.
I
(SEAL)
BY Cl:RTIFY that the above _en am lJue aDd COITeCt.
(SEAL)
810 NO. 1Z3-9Mt
DATI:: 713M..
CITY 011 MIAMI BEACH
I'
ROOI'REPAIR JOIl TD JLEET
MANAGEMENT BUILDING
CUSTOMER RUEIlENCE IJSTING
4)
Contractor's shal1 fUmish !he narDelI, tddr T r -. IIId telepbooe JlUIDben of a Mifti_ of fig (4)
finDs or Sow....-.t orpnizaIioDs for which !be Contrllctor is currently fiIrDishiDa or hIS furnished,
similar services.
1) """""'_ -=i6i~ 6>(,J:, ~~
Address 3~~3 'Pelf /R- \s.cL PAA", ?D~
/l.... . u:1~ ~L -3~\ICk
CoDtact Person U I I \ <<.rll rt-f
TelepboneNumber 610 I ~ ;)~ 3-DdIo'7
,.."..,,- ~ ddo \1~)O"d.
Address f)(Lxj \I.00t~ill"~cl I? xl; ~1.1JOO&, fL
6, I \ r:t< IlTlpl
TelephooeNumber ~- c,:2/- ~5t.j.
CompanyName ?o'"::>s lrJ'ifnrd--ltnr.l
~NvJ 12b.Q.uQ. ~LA.h\ K..
. ~?.....;..v2...
:boh 1.lX\skl tldl(. L.
Te1epboneNwnbcr <blf~~l- qCbO
~LJI \d.u<:,.
c1.,f-
Contact Person
2)
3)
Address
Contact Person
Conlact Person
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I
~rY\
<=t'J 4- - qlS - :s JDd.
Company Name
Address
iJl.4L."l, K
Y~'1
Telephone Number
BID NO. 123-9Mt
DA....: 7131....
CITY 011 MIAMI BEACH
II
r .
Uc , CCCOI50451
273 N.W. 1st Street 1 Deerlield Beach, FL33441 1 (954) 426-3312/ (800) 585-51321 Fax (954) 426-5430
Palm Beach County BillKnlger (561) 233~OO
LoggerbeadPark Sbinglea
South County Complex Coal Tar Pitch
Pass International Bob Waskiewicz (954) 421-9000
Addison Mizner Elan. BUR
Deerfield Beach Middle BUR
Southgrade Elem. BUR &; Tile
Crestview Elem. BUR &; Sbingles
Allster Academy Shingles
Port Everglades Allen Kaul (954) 523-3404
3 Terminals 6, 21, 22124 BUR
Hewitt-IOcr Const. Bill 0IIanan (954) 979-8978
Homestead Air Base
Hangar 741 BUR
Custom's Bldg. BUR
nec Constructors Frank Moser (954) 630-9953
La Gorce Palace BUR
Sunset Harbour BUR &; Tde
MiDer &; Solomon John Deutchman (954) 630-0222
Mirage Condo BUR
Palms Condo BUR &; Tile
City ofHoUywood BillRimpi (954) 921-3254
Art &; Cultural Bldg BUR
9 Various Utility Bldp. BUR
Orangebrook Golf Course Sbing1es
ROOFING' WATERPROOFING
_r
273 N.W. 1st Street I Oeerflekl Beach, FL33441 I (954) 426-33121 (800) 585-51321 Fax (954) 426-5430
lie, CCC060451
B.T. BuDders
BJK ConstnJction
Davis Financial
New constnJction homes{
Klemow Group
New Construction homes {
Ceotex Rooney
Tom Ricci
JB Produce
(954) 975-5102
BUR
Bob Runyon
Poinciana Lakes Apt.
(954) 974-7744
Tile
(954) 739-9099
Shingles
Tile
Tile
Shingles
Kenny Davis
Summer Lakes
Estates ofWunbledon
Vmeyards
Hunter's Run
Jordon K1emow (954) 969-5111
Riverside Apt. Tile
Tembridge (Custom homes) Tile
Foxridge (Custom Homes) Tile
Whispering Woods(Custom Homes) Tile
Kensington Glen(Custom Homes) Tde
Mizner Townhomes
BUR & Tile
ROOFING. WATERPROOFING
Uc'~l
273 N.W. 1st Street' Deerfield Beach, FL 334411 (954) 426-33121 (800) 585-51321 Fax (954) 426-5430
NEW CONSTRUCTION REFERENCES
KIemow
Tembridge, Foxridge, Riverside Walk
Kensington Glen, Whispering Woods
Jordan K1emowI9S4-969-S III
Davis Financial
Hunter's Run, Sanden Park
Estates ofWunbledon &. Vmeyards
Kenny Davisl9S4-739-9099
BJK Construction
Poinciana Lakes
Bob RunyoDl9S4-974-7744
Jeny Mil1erI9S4-2S2.8033
J &. J Builden
Knob Hill Palms and
Stirling Palms
ROOFING, WATERPROOFING
COCOIlO4S1
273 N.W. 1st Street I Oeerfield Beach. Florida 33441 I (954) 426-3312 1 (800) 585-51321 Fax (954) 426-5430
PARTIAL LIST OF SUPPLIERS
BRADCO SUPPLY
954-584-3633
EAST COAST SUPPLY
954-776-5110
SOUTHERN SHEET METAL
305-566-9590
ALLIED BLOO PRODUCTS
954-525-11 58
ROOFING. WATERPROOFING
Chris Eng1ish
Richard SiIb........
Kent or Ken
Robert Snowba1l
AGREEMENT
Tms AGREEMENT made this day of 20..Q.L, A.D. between the
CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which
term shall include its successors and assigns, party of the one part, and
~+v,orise.~ Ie..
S-Wu...~
~LAd\ FI
~
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of
the other part.
_ ';' au -t-\"e ,.... ~ {'CA.'''.r
~"71 N v::> I rr-
De..~ -C; ~ \ d.
?1LJ'I'
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated "ROOF REPAIR FOR THE FLEET MANAGEMENT BUILDING" by said City,
do hereby mutually agree as follows:
I. This Agreement shall extend to and be obligatory upon said City, its successors and assigns,
and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor
any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet,
nor shall any sums of money provided to be paid to said Contractor be assigned by said
Contractor to anyone without the consent of the City Commission of said City evidenced by
its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and
the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict with
this written Contract, are as much a part hereof as if copied herein. If conflicts exist between
them and this written instrument, only that part of the matter in direct conflict herewith shall
not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein referred
to, strictly in accord herewith the following:
3.1 The Contractor shall be Substantially Completed with the Work within thirty (30)
calendar days after the date when the Contract Time commences to run as provided
in paragraph 2.3 of the General Conditions, and completed and ready for final
payment in accordance with paragraph 14.13 of the General Conditions within
forty-fIVe (45) calendar days after the date when the Contract Time commences to
run.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
\1
3.2
Damages - City and Contractor recognize that the City will suffer direct tinancia110ss
if Work is not completed within the Contract times specified in paragraph 3.1 above
(or al1emate bid item No. I, if awarded by City) plus any extensions thereof allowed
in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration
proc....ling the actual loss suffered by Owner if the Work is not completed on time,
and therefore time is of the essence. Accordingly, instead of requiring any such proof
Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not
as a penalty) the amount of Two Hundred DoDan ($200.00) for each calendar day
that expires after the Contract Time specified in paragraph 3.1 for Substantial
Completion until the Work is substantially complete. After Substantial Completion
if Contractor shall neglect, refuse, or fail to complete the remaining Work within the
Contract Time, Contractor shall pay Owner Two Hundred DoDan (5200.00) for
each calendar day that expires after the time specified in Paragraph 3.1 for
completion and readiness for final payment. These amounts represent a
reasonable estimate of Owner's expenses for extended delays and for inspection,
engineering services and administrative costs associated with such delay.
4. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nothing being required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all reasonable
times.
5. If any dispute arises between the City and said Contractor with reference to the meaning or
requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as detennined by the City.
6. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said City
shall pay to the Contractor the contract sum in accordance with the Conditions of therContract. The City, by allowing Contractor to continue with said construction after the time
for its completion hereinbefore stated shall not deprive City of the right to exercise any
option in this Agreement contained nor shall it operate to alter any other tenn of this
Agreement.
7. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Perfonnance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the fonn as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
13
. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
9. All documents shall bo: executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated
sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price:
s YB 'N(" .~
1
II. The Contract Documents which comprise the entire Agreement between City and Contractor
are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of
the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of
the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name.
~~rn GdU
Contractor
(SEAL)
CITY OF MIAMI BEACH
By~~L (~rr
(Authorize Corporate Officer)
:..1#
~Q~Lnt
Title
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
_~~ f~
City Clerk
1# ~ ?,~~o-q
mer~ DeW
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
14
PERFORMANCE BOND
" (This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA)
ss
COUNTY OF )
Miami-bade
Bond No. PA4027108
KNOW ALL MEN BY TIIESE PRESENTS lhat we, SOUTHERN COAST ENTERPRISES,
INC. as Principal, hereinafter called Contractor, and
The Insurance Company of the State of as Surety, are firmly bound unW the C~~' ~f~ .
Pennsy1van:igeach, Florida, as Obligee, hereinafter called the City, in the Penal sum ofif.i'iJled {-oity ~f:al'~f1&o**
Dollars ($ 48,946.22**), for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fumly
by these presents.
WHEREAS, Contractor, on the _ day of , 19----, entered into a certain
contract with the City, hereto attached, for BID NO. 123-99/00, Entitled, "ROOF REPAIR FOR
TIlE FLEET MANAGEMENT BUILDING" which Contract is made a part hereofby reference
thereto.
NOW, TIlEREFORE, THE CONDITION OF TlDS OBUGA nON IS SUCH., that. if
the Contractor shall well and truly perfonn and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said Contract
that may hereafter be made, notice of which modifications to the Surety being hereby waived, then
this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City having
perfonned the City's obligations thereundcr, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
=rdance with its terms and conditions, and upon detennination by the City and the
Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder
and the City, and make available as Work progresses (even though there should be
a default or a succession of defaults under the Contract or ContraA;ts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the Contract price; but CDt exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first
paragraph ben:of. The term "balance of the Contrllct price" lU used in this paragntph,
shall mean the total amount payable by the City to the Contractor under the Contract
and any amendments themo, less the amount properly paid by the City to the
Contractor.
BID NO. 113-99100
DATE: "5/00 (AMENDED)
CITY 01" M1.AMl BEACH
15
No right of action shall accrue on this Bond to or for the use of any person or corporation
" othcr than the City named herein or the successors or assignees thereof.
The Surety shaH and does hereby agree to indemnify the City and bold it harmless of, from
and against any and all liability , loss, cost, damage or expense, including reasonable attorneys fees,
engin""rlng and architectural fees or other professional services which the City may incur or which
may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the
part of the Contractor, any Subcontractor and Contractors or Subcontractors agents, servants and/or
employees, in, about or on account of the Construction of the work and performance of said Contract
by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and the
Contractor hereby guarantees to repair or replace for the said periods all wOIk performed and
materials and equipment furnished. which were not performed or furnished according to the terms
of the Contract Documcnb. If no specific periods of warranty are stated in the Contract Documents
for any particular item of work, material or equipment, the Contractor hereby guarantees the same
for a minimwn period of one (l) year from the date of final acceptance by the City of the entire
project.
Any suit on this bond must be instituted within such period or periods as may be provided
bylaw.
BID NO. IU-991OO
PATE: 9/5100 (AMENDED)
CITY OF MIAMI BEACH
16
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
. . appropriate officials of the day of . 19
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (UCorporationt
Southern Coast Enterprises, Inc.
(CoIporate Name)
BY~f~
(President)
Attut: ~~ f
(Secretary)
~
(CORl'ORA TE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
A NT OF SURETY'
SURETY:
The Insurance Company of the
e f Penns lvania
or Agent'. current
License a. issued by State
of Florida Insurance
Commissioner
By:
-m-f.act
Warren M. Alter
(power of Attorney must be attached)
BID NO. 113-99/00
DATE: "SIOO (AMENDED)
CITY OF MIAMI BEACH
17
.: .- /:,,'''': '-.'._,;
"',. .~,,::,-,. ,'., ,'-".' . -~"
CERTIFICATES AS TO CORPORATE PRINCIPAL
!, 0aJZiU.J f \.~ r (t~ , certify that! am the Secretary of the Corporation named as Principal
in the fore;:;-bond; that ~ OJ'5ditt E . Du nf1' who signed the said bond on behalf of the Principal,
was then ?(Q >I ~. of said Corporation; that I know his signature, and his signature
hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
\d\~~Ij-- r
Secre
~rporate
Seal
STATE OF FLORIDA)
55
COUNTY OF )
Miami-Dade
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Warren M. Alter to me well knovm, who being by me first duly sworn upon oath, says that
The Insurance Company of the
he is the Attorney-in-Fact, for the State of Pennsylvania and that he has been authorized by
Them to execute the foregoing bond on behalf of the Contractor named
therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn before me this day of, 19_ A.D.
(Attach Power of Attorney) h/'4~; ~ f7
, olary Public
State of Florida-at-Large
My Commission Expires:
1";'" Kfisti Messal
*i*My Commission CC691021
'>;..:1 ExpI.... Novemtier 14. 2001
BID NO. 113-99/00
DATE: ~/5100 (AMENDED)
CITY OF MIAMI BEACH
18
The Insurance Company of the State of Pennsylvania
New Hampshire Insurance Company
Principal Bond Office: 70 Pine Street, New York, NY 10270
POWER OF ATIORNEY
No.~7108
(Void unless numbered in red)
K1'lOW ALL MEN BY THESE PRESENTS, that THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
and NEW HAMPSHIRE INSURANCE COMPANY have made. constituted and appointed, and by these presents does make,
constitute and appoint
Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Roy D. May, Jr., of Miami Lake., FL
its true and lawful attorney-in-fact. for it and in its name. place, and stead to execute on behalf of the said Company, as surety,
bonds, undertakings and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
******Three Million Dollars ($3,000,000.00)***.*.
This Power of Anomey is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of the Company on the 5th day of January. 1998.
"RESOLVED. that the Chairman of the Board. the Vice Chairman of the Board. the President an Executive Vice
President or a Senior Vice President or a Vice President of the Company. be. and that each or any of them is. authorized to
execute Powers of Attorney. qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the
Company. bonds. undertakings and all contracts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant
Secretary be. and that each or any of them hereby is. authorized to attest the execution of any such Power of Attorney and to
attach thereto the seal of the Company.
FURTHER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such
Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect
to any bond. undertaking or contract of suretyship to which it is attached."
In wimess Whereof. The Insurance Company of the State of Pennsylvania and New Hampshire Insurance Company
has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents..
~--)
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~ !Ol!t
" .0
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David J. Wa
STATE OF NEW YORK)
COUNTY OF NEW YORK) ss:
LUCILLE SALERNO
Notary Public. State of New York
No.01SA4974380
Qualified in Suffolk County
Commission Expires I (li3/&i~
~~.jQ~ AoA/vv-2
NOTARY SIGNATURE AND
SEAL (REQUIRED)
On this 5th day of January 1998 before me came the above
named officer of The Insurance Company of the State of
Pennsylvania and New Hampshire Insurance Company. to
me personally known to be the individual and officer
described herein. and acknowledged that he executed the
foregoing instrument and affixed the seals of said corpora-
tions thereto by authority of his office.
I. Elizabeth Tuck. Secretary of The Insmance Company of the State of Pennsylvania and New Hampshire Insurance Company do
hereby certifY that the foregoing and attached power of Attorney remains in full force and has not been revoked; and therefore
that the Resolutions of the Board of Directors, act forth in the said Power of Attorney. is now in force.
IN WITNESS WHEREOF, I have hereunto set my hand and aIfixed the t.csimile seal of each corporation
~_J>O
.......J.,
!Ol!~
t .,;.$
''tJ'"KO'.
this
day of , 20
~ '1. .-r~
Elizabeth M. Tuck. Secretary
7108
67372 (1/98)
COLLINSWORTH, ALTER, NIELSON, FOWLER & DOWLING, INC.
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITn FLORIDA STATUTES 2$5.05 (1) (a)
Bond No
PA4027108
Contractor Name
Southern Coast Enterprises, Inc.
273 N.W. 15t Street, Deerfield Beach, FL 33442
Contractor Address
Contractor Phone No.
(954) 426-3312
Surety Company
The Insurance Company of the State of Pennsylvania
Surety Address
2023 Route 70 West, Cherry Hill, NJ 08002
Surety Phone No.
(888) 978-7389
Owner Name
The City of Miami Beach
Owner Address
1700 Convention Center Drive, Miami Beach, FL 33139
Owner Phone Number
(305) 673-7490
Obligee Name NI A
(If contracting entity is different from the owner, the contractiug public entity)
Obligee Address
N/A
Obligee Phone No.
N/A
123-99/00
Contract No..( If Applicable)
Project Name
Roof Repair for the Fleet Management Building
Miami Beach, Florida
Project Location
Legal Description and Street Address
140 MacArthur Causeway, Miami Beach, FL 33139 - 4 54
422 16 AC Port MacArthur Causeway per DB 1509-61 Lot Size 94090 sq ft or 10554-
222
Description of Work
Roof Repair
FRONT PAGE
All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that
may be preprinted thereon.
LABOR AND MA TERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.) Bond No. PA4027108
BY TInS BOND, We, SOUTHERN COAST ENTERPRISES, INC. , as Principal, and
:he Insurance Company of the State of as corporation., as Surety, are bound to the City of Miami Beach.
lennsylvania
Florida, as obligee, herein called City, in the sum 0[$48,946.22** for the payment
of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and
severally.
TIlE CONDITION OF TffiS BOND is that if Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying
Principal with labor, materials, Of supplies, used directly or indirectly by Principal in the'
prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings,
that the City sustains in enforcement of this bond.
Performs the guarantee of all labor and materials furnished under the conlI8Cl for the time specified
in the contract, then this bond is void, otherwise it remains in full force.
Any changes in or under the contract docwnents and compliance or noncompliance with any
formalities cQ[Ulccted with the contract or the changes does not affect Surety's obligation WIder this
bond.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and made a part
hereof for the purposes lpecified therein.
The contract dated
by reference.
between the City and Principal is made a part of this Bond
Claimants are advised that Section 255.05, Fla. Stal., contains notice and time limitation provisions
which must be strictly complied with.
BID NO. 113-"100
DATE: 9/5100 (AMENDED)
CITY OF M1AMI BEACH
19
. .
IN WITNESS WHEREOF, the above bounded parties have caused this Bond tD be executed by their
appropriate officials of the day of , 19
WITNESS:
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (IfCorporatioD)
Southern Coast Enterprises, Inc.
(Corporate Name)
BY~7. ~
(President
Attest:v1c~,}[_ ~.
(Secreta )
(CORPORATE SEAL)
SURETY:
The Insurance Company of the State
s Ivania
y of AgeDt'l eurrent
LiceDse as Issued by State
of Florlda IDsuraDce
CommiuioDer
BID NO. 113-99/00
DATE: ?/SIOO (AMENDED)
CITY OF MIAMI BEACH
10
- ,'," " ',-,"
. --'''',~- -. ",,",... "
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, ~1ot Lbuft~
in the foregoing bond; that
, certify that I am the Secmary of the Corporation named as Principal
who signed the said bond on behalf of the Principal, "'as
then
of said Corporation; that I know his signature, and his signature hereto is
genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by
authority of its governing body.
STATE OF FLORIDA)
~J'
Secre
~rporate
Seal
55
COUNTY OF )
Miami~Dade
Before me, a Notary Public, duly commissioned, qualified and acting, peI30nally appeared
Warren M. Alter to me well known, who being by me first duly sworn upon oath, says that
The Insurance Company of the
he is the Attorney in Fact, for theState of Pennsylvania and that he has been authorized by
Them
to execute the foregoing bond on behalf of the Contractor named
therein in favor of the City of Miami Beach. Florida.
S,~ribod ,"",.= ~A do, ~ '"~ ~
(Attach Power of Attorney) ./ /21"-( ~ P
atary Public
State of Florida-at-Large
. ~~A.D.
My commission Expires:
".; ~ Kristi M....I
*'if.*MY Commi..ion CC691021
'+.~ Expl",. No""mbef 14. 2001
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
11
The Insurance Company of the Slate of Pennsylvania
New Hampshire Insurance Company
Principal Bond Office: 70 Pine Street, New York, NY 10270
POWER OF ATTORNEY
No. -------EMQ271 08
(V aid unless numbered in red)
KNOW ALL MEN BY THESE PRESENTS, thaI THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
and NEW HAMPSHIRE INSURANCE COMPANY have made, constituted and appointed, and by these presents does make.
constitute and appoint
Charle. J. Nielson, Warren M. Alter, Charle. D. Nielson, Roy D. May, Jr., of Miami Lake., FL
its trUe and lawful attomey#in~fact. for it and in its name. place, and stead to execute on behalf of the said Company, as surety.
bonds. undenakings and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
**;****Three Million Dollars (53,000,000.00)*"'*"'''''''
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of the Company on the 5th day of January, 1998.
. 'RESOLVED, that the Chainnan of the Board, the Vice Chainnan of the Board, me President an Executive Vice
President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is. authorized to
execute Powers of Attorney. qualifying the anomcy.in.fact named in the given Power of Attorney to execute in behalf of the
Company, bonds. undertakings and all contracts of suretyship: and that an Assistant Vice President. a Secretary or an Assistant
Secretary be. and that each or any of them hereby is, authorized to attest the execution of any such Power of Anomey and to
attach thereto the seal of the Company.
FURTIIER RESOLVED. that the signatures of such officers and the seal of the Company may be affixed to any such
Power of Anomey or to any certificate relating thereto by facsimile. and any such Power of Anorney or certificate bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect
to any bond. undertaking or contract of suretyship to which it is attached."
In wi01ess Whereof, The Insurance Company of the Scate of Pennsylvania and New Hampshire Insurance Company
has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents.
~--,
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t-8"li\\
P"
~ .
~.. _..l
"'"-t'''.JJC'1''
David J. Wa
STATE OF NEW YORK)
COUNTY OF NEW YORK) ss:
LUCILLE SALERNO
Notary Public, State of New York
No. 01 SA4974380
Qualified in SuffoJk County
CommiSSIon Expires i, li3/ff
X:;J...1!.Qz- 404J-vv-2
NOTARY SIGNATURE AND
SEAL (REQUIRED)
On this 5th day of January 1998 before me came the above
named officer of The Insurance Company of the State of
Pennsylvania and New Hampshire Insurance Company. to
me personally known to be the individual and officer
described herein. and acknowledged that he executed the
foregoing instrument and affixed the seals of said corpora-
tions thereto by authority of his office.
L Elizabeth Tuck, Secretary orThe Insurunce Compony or the Slate orpennsylvllDia and New Hampshire Insurance Company do
hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and therefore
that the Resolutions of the Board of Directors, act lbrth in the said Power of Attorney, is now in force.
IN' WITNESS WHEREOF,l have hereunto set my hand and affixed the tacsimile seal of each corporation
~-Jfj
.-,.,
i [lOil~~
p ..
~ .
~.". ..;;
" ~J'io1"
this
day or , 20
~ 1z .-;~
Elizabeth M. Tuck, Secretary
7108
67372 (1/98)
INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
a. The contractor shall be responsible for his work and every part thereof, and for all
materials, tools, appliances and property of every description, used in connection with
this particular project. He shall specifically and distinctly assume, and does so assume,
all risks of damage or injury to property or persons used or employed on or in connection
with the work and of all damage or injury to any person or property wherever located,
resulting from any action or operation under the contract or in connection with the work.
It is understood and agreed that at all times the contractor is acting as an independent
contractor.
b. The contractor, at all times during the full duration of work under this contract, including
extra work in connection with this project shall meet the following requirements:
1. Maintain Worker's Compensation and Employer's Liability Insurance to meet
the statutory requirements of the State of Florida.
ii. Maintain Comprehensive General Liability Insurance in amounts prescribed
by the City (see checklist for limits) to protect the contractor in the interest
of the City against all risks of injury to persons (including death) or damage
to property wherever located resulting from any action or operation under the
contract or in connection with the work. This policy is to provide coverage
for premises/operations, independent contractor, broad form property
damage, products/completed operations and contractua1liability.
iii. Maintain Automobile Liability Insurance including Property Damage
covering all owned, non-owned or hired automobiles and equipment used in
connection with the work.
iv. Maintain any additional coverages required by the Risk Manager as indicated
on the Insurance Check List.
v. Name the City of Miami Beach as an additional insured on all liability
policies required by this contract. When naming the City of Miami Beach as
an additional insured onto your policies, the insurance companies hereby
agree and will endorse the policies to state that the City will not be liable for
the payment of any premiums or assessments.
vi. No change or cancellation in insurance shall be made without thirty (30) days
written notice to the City of Miami Beach Risk Manager.
vii. All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida and these companies must have a rating
of at least B+: VI or better per Best's Key Rating Guide, latest edition.
BID NO. 123-99/00
DATE: 9/5100 (AMENDED)
CITY OF MIAMI BEACH
22
viii. Original signed Certificates of Insurance, evidencing such coverages and
endorsements as required herein, shall be filed with and approved by the City
of Miami Beach Risk Manager before work is started. The certificate must
state Bid Number and Title. Upon expiration of the required insurance, the
contractor must submit updated certificates of insurance for as long a period
as any work is still in progress.
ix. It is understood and agreed that all policies of insurance provided by the
contractor are primary coverage to any insurance or self-insurance the City
of Miami Beach possesses that may apply to a loss resulting from the work
performed in this contract.
c. The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement:
"The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach,
a municipal corporation, its officers, agents, and employees from all claims for bodily
injuries to the public in and up to the amount of $1 ,000,000.00 for each occurrence and
for all damages to the property of others in and up to the amount of $1,000,000.00 for
each occurrence per the insurance requirement under the specifications including costs
of investigation, all expenses of litigation, including reasonable attorney fees and the cost
of appeals arising out of any such claims or suits because of any and all acts of omission
or commission of any by the contractor, his agents, servants, or employees, or through the
mere existence of the project under contract. BID NO. 123-99/00, "ROOF REPAIR FOR THE
FLEET MANAGEMENT BUILDING". The foregoing indemnity agreement shall apply to any
and all claims and suits other than claims and suits arising out of the sole and exclusive
negligence of the City of Miami Beach, its officers, agents, and employees, as determined
by a court of competent jurisdiction.
i. The contractor will notify his insurance agent without delay of the existence
of the Hold Harmless Agreement contained within this contract, and furnish
a copy of the Hold Harmless Agreement to the insurance agent and carrier.
ii. The contractor will obtain and maintain contractual liability insurance in
adequate limits for the sole purpose of protecting the City of Miami Beach
under the Hold Harmless Agreement from any and all claims arising out of
this contractual operation.
d. All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued
on this contract unless specific safeguards have been established to assure an adequate
fund for payment of deductibles by the insured and approved by the City's Risk Manager.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
23
e. The contractor will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the contractor and all
subcontractors with the foregoing requirements as to carrying insurance and furnishing
copies of the insurance policies shall not relieve the contractor and all subcontractors of
their liabilities and obligations under any Section or Provisions of this contract.
Contractor shall be as fully responsible to the City for the acts and omissions of the
subcontractor and of persons employed by them as he is for acts and omissions of persons
directly employed by him.
f. Insurance coverage required in these specifications shall be in force throughout the
contract term. Should any awardee fail to provide acceptable evidence of current
insurance within seven days of receipt of written notice at any time during the contract
term, the City shall have the right to consider the contract breached and justifying the
termination thereof.
g. If bidder does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
h. It is understood and agreed that the inclusion of more than one insured under these
policies shall not restrict the coverage provided by these policies for one insured
hereunder with respect to a liability claim or suit by another insured hereunder or an
employee of such other insured and that with respect to claims against any insured
hereunder, other insured hereunder shall be considered members of the public; but the
provisions of this Cross Liability clause shall apply only with respect to liability arising
out of the ownership, maintenance, use, occupancy or repair of such portions of the
premises insured hereunder as are not reserved for the exclusive use of occupancy of the
insured against whom claim is made or suit is filed.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
14
INSURANCE CHECK LIST
xxx 1.
Workers' Compensation and Employer's Liability per the Statutory limits of
the state of Florida.
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 and Completed Operations; Independent
Contractors; Broad Form Property Damage Endorsement and Contractual
Indemnity (Hold hannless endorsement exactly as written in "insurance
requirements" of specifications).
xxx 3.
Automobile Liability - $100,000.00/$300,000.00 - $50,000.00 each
occurrence - ownedlnon-ownedlhired automobiles included.
4.
Excess Liability - $1,000,000.00 per occurrence to follow the primary
coverages.
xxx 5.
The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
6.
Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
.00
.00
.00
.00
.00
.00
xxx 7.
XXX 8.
XXX 9.
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
15
DMSION 1
General Provisions
Section I
DEFINITION OF TERMS
1.1 DEFINITIONS: Whenever in the Specifications, Special Provisions, Proposals,
Contract, or Contract Bond the following terms or pronouns in place of them are used, the intent and
meaning shall be interpreted as follows:
1.2 "City" - The City of Miami Beach, Florida, as represented by its Mayor and City
Commission.
1.3 "Board" - The City Commission of the City of Miami Beach, Florida.
1.4 "City Clerk" - The City Clerk of the City of Miami Beach, Florida.
1.5 "City Manager" - Chief Administrator of the City Commission.
1.6 "Engineer" - The City Engineer of the City of Miami Beach, Florida, or his authorized
assistants.
1.7 "Inspector" - An authorized representative of the City Engineer assigned to make all
necessary inspection of the materials furnished and of the work performed by the Contractor.
1.8 "Bidder" - Any individual, firm or corporation submitting a Proposal for the work
contemplated, acting directly or through a duly authorized representative.
1.9 "Contractor" - The Party of the second part of the Contract, the person, firm or
corporation with whom a Contract has been made by the City.
1.10 "Superintendent" - Executive representative for the Contractor present on the work
at all times during progress, authorized to receive and fulfill instructions from the Engineer and
capable of superintending the work efficiently.
1.11 "Surety" - The corporate body or individual which is bound by the Performance and
Payment Bonds with and for the Contractor, who is primarily !iablt:, and which engages to be
responsible for his acceptable performance of the work for which contract has been made and for his
payment of all debts pertaining thereto.
1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted
his, their, or its Proposal for the work contemplated.
1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the
Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded
to him.
1.14 "Plans" - The official approved plans, profile, typical cross-section, general
cross-sections, working drawings, and supplemental drawings, or exact reproductions thereof, which
show the location, character, dimensions and details of the work to be done, and which are to be
considered as a part of the Contract supplementary to these Specifications.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
26
1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach.
1.16 "Specifications" - The directions, provisions and requiremen1s contained herein,
together with all written agreements made or to be made, setting out or relating to the method and
manner of performing the work, or to the quantities and qualities of materials and labor to be
furnished under the Contract.
1.17 "Special Provisions" Specific clauses additional to these Standard Specifications,
setting forth conditions peculiar to the project under consideration. In case of any discrepancy
between the Standard Specifications and the Special Provisions, the Special Provisions are to govern.
1.18 "Supplemental Agreement" - A written agreement between the Contractor and the
City Engineer, covering alterations and unforeseen work incidental to the project.
1.19 "Contract" - The written agreement covering the performance of the work and the
furnishing of labor and materials in the proposed construction. The contract shall include the
"Proposal," "Plan," "Specifications," "Special Provisions," Performance Bond," and "Labor and
Material Bond" also any and all "Supplemental Agreements" required to complete the work in a
substantial and acceptable manner.
1.20 "Contract Bond" - Performance Bond - The security furnished by the Contractor and
the Surety as a guaranty that the Contractor will execute the work in accordance with the terms of
the Contract.
1.21 "Payment Bond" - The security furnished by the contractor and the surety as to
guaranty that the contractor will pay a claimant. A claimant is defined as any person supplying the
Principal with labor, material and supplies, used directly or indirectly by the said Principal or any
subcontractor in the prosecution of the work provided for in said Contract, and is further defined in
Section 255.05(1) of the Florida Statutes.
1.22 "The Work" - All the work specified or mentioned herein or indicated on the Plans
or in the Proposal as contemplated improvement.
1.23 "Questionnaire" - The approved form upon which the Contractor must furnish the
information as to his ability to perform the work, his experience in similar work, and his financial
condition as related to his ability to finance the work.
1.24 "Substantial Completion" - When construction is sufficiently complete in accordance
with the contract documen1s, so the owner can occupy or utilize the work or designated portion
thereof for the use for which it is intended. A Certificate of Substantial Completion signed by the
AlE of Record, the contractor and approved by the City must be submitted in order to consider the
work substantially complete. Moreover, the substantial completion shall also be linked, for the City's
convenience, to the issuance ofa Temporary Certificate of Completion or Temporary Certificate of
Occupancy by the Building Official.
BID NO. lZ3-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
27
I.
.
Section 2
PROPOSAL REQUIREMENTS AND CONDITIONS
2.1 Interpretation of Approximate Estimate - The Bidder's attention is called to the fact
that the estimate of quantities of all work to be done and materials to be furnished under the
Specifications as shown on the Plans and on the Proposal Form, is approximate and is given only
as a basis of calculation upon which the award of the Contract is to be made. The City does not
assume any responsibility that the final quantities shall remain in strict accordance with estimated
quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate
of quantities or of the character, location of the work or other conditions pertaining thereto.
2.2 Examination of Plans, Specifications, Special Provisions, and Site or Work - The
Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and
Contract for the work contemplated, and it will be assumed that the Bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work
to be performed and materials to be furnished and as to the requirements of these Specifications,
Special Provisions, and Contract. It is mutually agreed that submission of a Proposal shall be
considered prima facie evidence that the Bidder has made examination.
2.3 Preparation of Proposals - Proposals shall be submitted on the form provided. All
blank specifications for which quantities are shown must be filled in ink, in both words and figures
with the unit price for the item for which the proposal is made. The bidder shall also state the time
in which he will complete the work bid upon, unless a certain time is stipulated. If the proposal is
made by an individual in his own proper person or under a trade or firm name, he shall execute the
same under his individual trade or firm name, he shall execute the same under his individual
signature and his post office address shall be shown. If made by a copartnership the proposal shall
be executed for the copartnership, by setting out in full the names of the partners and the firm name
of the partnership, if any, and signed by one or more of the partners, and the post office address of
each of the partners shall be shown. If made by a corporation, the proposal shall be executed by
setting out the corporate name in full, followed by a statement that it is incorporated and existing
under the laws of a named state, and, if it is a foreign corporation, the fact that it is authorized and
permitted to transact business in this State, and signed by its President, or other authorized corporate
officer, with its corporate seal affixed and attested by its Secretary, and the address of its principal
place of business shall be shown.
2.4 Rejection or Irregular Proposals - Proposals will be considered irregular and may be
rejected if they show serious omissions, alterations of form, additions not called for, conditions,
unauthorized alternate bids, or irregularities of any kind.
2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless
accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to
Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
18
2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which
shall be marked so as to indicate its content and name of Bidder clearly. Ifforwarded by mail the
above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing
Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail,
it shall be delivered at the Office of the City Purchasing Agent. Proposals will be received until the
date and hour stated in the "Notice to Contractors."
2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the
Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or
unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids.
Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety
by the City.
2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place
indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present.
2.9 Disqualification of Bidders - Only one Proposal from an individual, finn, partnership,
or corporation, under the same or different names, will be considered. Should it appear to the Board
that any bidder is interested in more than one Proposal for the work contemplated all Proposals in
which such Bidder is interested will be rejected.
The right is reserved to reject the proposal from a bidder who has not paid or satisfactorily settled
all bills due for labor and material on former contracts with the City or contracts with the same in
force at the time of receiving bids.
2.10 Competency of Bidders - Bidders must be capable of performing the various items of
work bid upon. They shall furnish a statement covering experience on similar work, a list of
machinery, plant, and other equipment available for the proposed work, and shall Furnish statements
of their financial resources as requested in the Questionnaire. If the available evidence of
competency of any bidder is not satisfactory to the Engineer, the proposal of such Bidder may be
rejected.
2.11 Material Guaranty - Before any Contract is awarded, the Bidder may be required to
furnish a complete statement of the origin, composition, and manufacture of any and all materials
to be used in the work, together with samples, which samples may be subjected to the tests provided
for in these Specifications to determine their quality and fitness for the work. Subsequent deliveries
shall be equal in all respects to the samples submitted.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
29
Section 3
AWARD AND EXECUTION OF CONTRACI'
3.1 Consideration of Bids - For the purpose of award, after the Proposals are opened and
read, the correct summation of the products of the approximate quantities shown in the Proposal, by
the unit bid prices, will be considered the bid. The amounts will then be compared and the results
of such comparison will be available to the public. Until the final award of the Contract, however,
the right will be reserved to reject any or all Proposals and to waive technical errors as may be
deemed best for the interests of the City.
3.2 Award of Contract - The award of the Contract, if it be awarded, will be the lowest
responsible Bidder whose Proposal shall comply with all the requirements necessary to render it
fonnal. The award, if made, will be within ninety (90) days after the opening of the Proposals, but
in no case will an award be made until all necessary investigations are made as to the responsibility
of the Bidder to whom it is proposed to award the Contract.
3.3 Return of Proposal Guaranties - All Proposal guaranties will be returned immediately
following the tabulation of Bids, except those of the three lowest Bidders. These guaranties will be
returned within ten (10) days following the award of Contract, except that of the successful Bidder,
which will be returned after a satisfactory Bond has been furnished and the Contract has been
executed unless surety is forfeited because of bid withdrawal.
3.4 Contract Bond Required - The successful Bidder entering into a Contract for any
portion of the work will be required to give the City Surety in a sum equal to the amount of the
Contract awarded. The form of the Bond shall be as approved by the City, and the Surety shall be
acceptable to the City, and executed on the form furnished. In case of default on the part of the
Contractor, actions for all expenses incident to ascertaining and collecting losses under the bond,
including both Engineering and Legal services, shall lie against the bond.
3.5 Execution of Contract and Payment Bond - Within ten (10) days after the Contract
has been awarded, the successful Bidder shall sign the necessary agreements, entering into a Contract
with the City, and return them to the City Engineer. No proposal will be considered binding upen
the City until the execution of this Contract.
3.6 Failure to Execute Contract - Failure to execute a Contract and file an acceptable Bond
as provided herein within ten (10) days from date of award shall be just cause for the annulment of
the award and the forfeiture of the Proposal Guaranty to the City, not as a penalty, but in liquidation
of damages sustained. Award may then be made to the next lowest responsible Bidder or the work
may be re-advertised or may be constructed by day labor, as the City may decide.
3.7 Evidence of Authority - Before a Contract is executed the Bidder will be required to
furnish certified copies of:
Excerpts from the By-Laws;
Excerpts from the Minutes or Resolutions of the Governing Body;
Power of Attorney appoin1ments,
and/or other satisfactory evidence of the authority of all persons signing Contracts or Bonds to
execute such documents, and of the companies bound thereby to do business in the State of Florida.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
30
Section 4
SCOPE OF THE WORK
4.1 Intent of Plans and Specifications - The intent is to prescribe a complete work of
improvement which the Contractor undertakes to do. The Contractor shall do all the work indicated
in the Proposal and on the Plans, and such additional, extra, and incidental work as may be necessary
to complete the Work to the finished lines, grades, cross-sections, and dimensions indicated, in a
substantial and acceptable manners, and when completed, shall remove all surplus and discarded
material and equipment and leave the site of the Work in a neat, acceptable and finished condition.
He shall furnish, unless otherwise provided in "Special Provisions," al implements, machinery,
equipment, transportation, tools, materials, supplies, labor, and other things necessary to the
prosecution and completion of the Work.
He shall maintain the finished Work until its formal acceptance by the City, as herein
provided, and turn it over to the City as a whole, complete, free from defects, and ready for use in
full compliance with the Plans, these Specifications, the Special Provisions, Proposal, and Contract.
4.2 Special Work - Proposed construction or requirements not covered by these
Specifications will be covered by "Special Provisions" and performed or complied with by the
Contractor.
4.3 Alteration of Plans or of Character of Work - The right is reserved for the Engineer
to make from time to time such alterations in the Plans or in the character of the work as may be
considered necessary or desirable to complete fully and perfectly the proposed construction and such
alterations shall not be considered as a waiver of any conditions of the contract, nor to invalidate any
of the provisions thereof. Should such alterations in the Plans result in an increase or decrease of
the quantity of work to be performed, and should added or eliminated work be of the same character
as that shown on the original plans, the Contractor shall accept payment in full at the ContracI Unit
Price for the actual quantities of the work done. Should an alteration be a change in the character
of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer
before such work is begun, shall be added to or deducted from the Contract Price, as the case may
be. No allowance will be made for anticipated profits.
4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no
quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete
fully the Work as contemplated, and such extra work shall be performed in accordance with the
Specifications and/or as directed; provided, however, that before any "Extra Work" is started a
"Supplemental Agreement shall be signed by both contracting parties, or a written order from the
Engineer to do the Work on a "Force Account" Basis given the Contractor.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
31
4.5 Removal and Disposal of Structure and Obstructions - The Contractor will remove
all obstructions that may come in the way of the contemplated improvements, such as pavements,
sidewalks, fences, buildings, trees, roots, stumps, logs, old foundations or piling, and other
obstructions encountered either above or below the surface of the ground and dispose of them in such
manner as the Engineer may direct.
All work prescribed and involved under this heading shall be considered as incidental to and
included in the unit price bid for the particular Work in which it is involved and no additional
payment will be made therefore unless otherwise specifically provided in the Special Provisions.
4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the
approval of the Engineer, may use in the proposed construction such sand or other material suitable
in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation
of such material at the corresponding contract unit price therefore, but he shall replace at his own
expense with other suitable material all of that portion of the material so removed and used as was
contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials
so used will be made against the Contractor except the replacement herein provided for. The
Contractor shall not excavate or remove any material which is not within the excavation, as
indicated, without written authorization from the Engineer. Materials in old structures removed by
the Contractor to allow the construction of new structures, and not needed by the City" may be used
by the Contractor during construction. Such materials are the property of the City and shall not be
cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the
Contractor as directed by the Engineer.
/
BID NO. 1:13-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
31
Section 5
CONTROL OF THE WORK
5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties
hereto that the said Engineer shall decide all questions, difficulties, and disputes, of whatever nature,
which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment
of this Contract, and as to the character, quality, amount, and value of any work done, and materials
furnished, under or by reason of this Contract, and his estimates and decisions upon all claims,
questions, and disputes shall be fmal and conclusive upon the parties thereto.
5.2 Plans - The approved Plans will be supplemented by such working drawings as are
necessary to adequately control the Work. It is mutually agreed that all authorized alterations
affecting the requirements and information given on the approved plans shall be in writing. No
changes shall be made of any plan or drawing after the same has been approved by the Engineer,
except by direction of the Engineer.
Working Drawings for any structure shall consist of such detailed plans as may be required
for the prosecution of the work and are not included in the Plans furnished by the Engineer. They
shall include shop details, erection plans, masonry layout diagrams and bending diagrams for
reinforcing steel, approval of which by the Engineer must be obtained before any work involving
these plans shall be performed. Plans for cribs, cofferdams, falsework, centering, and form work
may also be required, and in such cases shall be likewise subject to approval unless approval be
waived by the Engineer.
It is understood, however, that approval by the Engineer of the Contractor's working drawings
does not relieve the Contractor of any responsibility for accuracy of dimensions and details, or of
mutual agreement of dimensions and details. It is mutually agreed that the Contractor shall be
responsible for agreement and conformity of his working drawings with the approved Plans and
Specifications.
The Contract price shall include the cost of furnishing all working drawings and the
Contractor will be allowed no extra compensation for such drawings.
5.3 Conformity with Plans and Allowable Deviations - The finished work in all cases
shall conform with lines, grades, cross-sections, and dimensions shown on the approved Plans; any
such deviations from the approved Plans and working drawings as may be required by the exigencies
of construction will in all cases be determined by the Engineer and authorized in writing.
5.4 Coordination of Plans, Specifications, and Special Provisions - These Specifications,
the Plans, Special Provisions, and all supplementa.'j' documents are essential parts of the Contract
and a requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe and provide for a complete Work. In case of discrepancy, figured
dimensions shall govern over scaled dimensions. Plans shall govern over Specifications, Special
Provisions shall govern over both Specifications and Plans.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
33
5.s Coopention of Contractor - The Contractor will be supplied with copies of the Plans,
Specifications, and Special Provisions. The Contractor shall have available on the Work at all times,
one copy each of said Plans and Specifications and Special Provisions; he shall give the Work the
constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer
and with other contractors in every way possible. The Contractor shall at all times have a competent
English-speaking Superintendent, capable of reading and thoroughly understanding the Plans and
Specifications, as his agent on the Work, who shall receive instructions from the Engineer or his
authorized representatives. The Superintendent shall have full authority to execute the orders or
directions of the Engineer without delay and to promptly supply such materials, tools, plant,
equipment, and labor as may be required. Such Superintendent shall be furnished irrespective of the
amount of work sublet.
5.6 Inspectors - Inspectors employed by the Engineer shall be authorized to inspect all work
done and materials furnished. Such inspection may extend to all or any part of the Work and to the
preparation or manufacture of the materials to be used. An inspector may be stationed on the Work
to report to the Engineer as to the progress of the Work and the manner in which it is being
performed; also to report whenever it appears that the materials furnished and work performed by
the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the
attention of the Contractor any such failure or other infringements. Such inspection, however, shall
not relieve the Contractor from any obligation to perform all the Work strictly in accordance with
the requirements of the Specifications. In case of any dispute arising between the Contractor and the
Inspector as to material furnished or the manner of performing the Work, the Inspector shall have
the authority to reject materials or suspend the Work until the question at issue can be referred to and
decided by the Engineer. The inspector shall perform such other duties as are assigned to him. He
shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these
Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the
Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for
the Contractor, nor interfere with the management of the Work by the latter. Any advice which the
Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way,
nor rel::asing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector
will be employed by the City for each section of the Work under Contract; but if, on account of any
apparent disregard of these Specifications, additional Inspectors shall be required, they will be
employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the
Contractor and deducted from the final payment.
5.7 Inspection - The Contractor shall furnish the Engineer with every reasonable facility for
ascertaining whether or not the work performed and materials used are in accordance with the
requirements and intent of the Specifications and Contract. If the Engineer requests it, the
Contractor shall at any time before final acceptance of the Work remove or uncover such portions
of the finished Work as may be directed. After examination the Contractor shall restore said portions
of the Work to the standard required by the Specifications. Should the Work thus exposed or
examined prove acceptable, the uncovering or removing, and the replacing of the covering or making
good of the parts removed, shall be paid for as "Extra Work," but should the work so exposed or
examined prove unacceptable, the uncovering or removing and the replacing of the covering or
making good of1he parts removed, shall be at the Contractor's expense. No work shall be done nor
materials used without suitable supervision or inspection by the Engineer or his representative.
Failure to reject any defective work or material shall not in any way prevent later rejection when such
defect be discovered, or obligate the City to final acceptance.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
34
5.8 Failure to Remove and Renew Defective Materials and Work - Should the
Contractor fail or refuse to remove and renew any defective materials used or work performed, or
to make any necessary repairs in an acceptable manner and in accordance with the requirements of
these Specifications within the time indicated in writing, the Engineer shall have the authority to
cause the unacceptable or defective materials or work to be removed and renewed, or such repairs
as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in
making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall
be paid for out of any monies due or which may become due the Contractor or may be charged
against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor
to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient
cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor
or may contract with any other individual, firm, or corporation to perform the Work. All costs and
expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof
deducted from any monies due or which may become due him, or shall be charged against the
"Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve
the Contractor in any way from his responsibility for the work performed by him.
5.9 Final Inspection - Whenever the Work provided and contemplated by the Contractor
shall have been satisfactorily completed and the final cleaning up performed, the Engineer shall
within ten (10) days, unless otherwise provided, make the final inspection.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
35
Section 6
CONTROL OF MATERIALS
6.1 Source of Supply and Quality of Materials - At the option of the Engineer the source
of supply for each of the materials shall be approved by the Engineer before the delivery is started.
Representative preliminary samples of the character and quality described shall be submitted by the
Contractor or producer for examination and tested in accordance with the methods referred to under
Samples and Tests, Paragraph 6.2. Only materials conforming to the requirements of these
Specifications and approved by the Engineer shall be used in the Work. All materials proposed to
be used may be inspected or tested at any time during their preparation and use. If, after trial, it is
found that sources of supply which have been approved do not furnish a uniform product, or if the
product from any sources proves unacceptable at any time, the Contractor shall furnish approved
material from other approved sources. No material which after approval has in any way become
unfit for use shall be used in the Work.
6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require
any or all materials to be subject to test by means of samples or otherwise as he may determine. The
Contractor shall afford such facilities as the Engineer may require for co1\ecting and forwarding
samples and shall not make use of or incorporate in the Work any material represented by the
samples until the tests have been made and the materials found in accordance with the requirements
of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the
required samples without charge. Samples shall be furnished sufficiently in advance so that the
results of the required tests may be secured prior to the incorporation of the material in the Work.
The manner of collecting and testing samples, as well as all apparatus and equipment used
for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case
may be, insofar as these are applicable - unless specifically stated otherwise.
6.3 Storage of Materials - Materials shall be stored so as to insure their preservation and
quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials
improperly stored may be rejected without testing.
6.4 Defedive Materials - All materials not conforming to the requirements of these
Specifications shall be considered as defective and all such materials, whether in place or not, shall
be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted
by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall
be used until approval has been given. Upon failure on the part of the Contractor to comply with any
order of the Engineer made under the provisions of this article, the Engineer shall have authority to
remove and replace defective material and to deduct the cost of removal and replacement from any
monies due or to become due the Contractor.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
36
Section 7
LEGAL RELATIONS AND RESPONSffiILITY TO THE PUBLIC
7.1 Laws to be Observed. The Contractor must familiarize himself and comply with all
Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance
with them. He shall indemnify and hold harmless the City, the Architects and all of its officers
agents, and servants against any claims or liability arising from, or based on, the violation of any
such laws, by-laws, ordinances, regulations, orders, or decrees, whether by himself or his employees.
7.1.1 The requirement of Chapter 31A, Section 27-31 Prevailing Wage is a
requirement of many construction contracts that exceed $1,000,000.00.
7.1.2 PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crimes may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor,
supplier, sub-contractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of the
threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of36 months from the date of being placed on the convicted vendor
list.
7.1.3 VENDOR APPLICATION
Prospective bidders should register with the DemandStar.com (the City's
Vendor Database Management firm); this will facilitate their receipt of future
notices of solicitations when they are issued. Potential bidders may contact
DemandStar.com at (800) 711-1712 or register on-line at
www.demandstar.com.
It is the responsibility of the bidder to inform DemandStar.com concerning any changes,
such as new address, telephone number, or commodities.
. 7.2 Permits, Licenses, Occupational Licenses. The Contractor shall procure all permits
~~h~s w: ~equired, however, there will be no charge for the COnstruction permits issued by the
~d I~wru::se~~~~~ ~eth~o~~~.or shall also give all notices necessary and incident to the due
7.3 Patented Devices, Materials d P .
without exception contract prices ar ; ~ rocesses - It IS mutually understood and agreed that
trademarks, and copyrights in any w: .0 mclud~ all royalties and costs arising from patents
Contractor is required or desires to useY anmyvdOIV~d Ind th~ Work. It is the intent that whenever the'
patent or copyright, the . eSlgn, eVlce material
patentee or owner, and an~t fO~:h use shall be Provided'for by sui:;'t~ess covered by letters,
PY 0 s agreement shall be filed with th E e .egal agreement with the
BID NO e ngmeer; however, whether
. 123-99/00
DATE: 9/5100 (AMENDED) CITY OF MIAMI BEACH
37
7.12 Preservation of Property - The Contractor shall preserve from danger all property
along the line of Work, the removal or destruction of which is not called for by the Plans. This
applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures,
monuments, pipe, underground structures, etc., and wherever such property is damaged due to the
activities of the Contractor it shall be immediately restored to its original condition by the Contractor
and at his own expense.
The Contractor shall give due notice to any department or public service corporation
controlling manholes, valve jackets, meter boxes, street monuments, etc., prior to adjusting them to
grade, and shall be held strictly liable to the City if any such appliances are covered up during the
construction of the Work.
In such case offailure on the part of the Contractor to restore any such property, or make
good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to
repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof
will be deducted from any monies due or which may become due the Contractor under this Contract.
Nothing in this clause shall prevent the Contractor from receiving proper compensation for the
removal or replacement of any public or private property when same is made necessary by alteration
of grade or alignment, and such work is authorized by the Engineer, provided that such property has
not been damaged through fault of tile Contractor, his employees, or agents.
7.13 Responsibility for Damage, Etc. - The Contractor shall indemnify and save hannless
the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims
of any character, name, and description brought for, or on account of, any injuries or damages
received or sustained by any person, persons, or property by or from the said Contractor, or by, or
in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable
materials in the construction of the improvement, or by, or on account of any act of omission,
neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts
recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts
arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws,
ordinance, order or decree, and so much of the money due the said Contractor under and by virtue
of his Contract as shall be considered necessary by the Engineer may be retained for the use of the
City, or in case no money is due, his surety shall be held until such suit or suits, action or actions,
claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence
to that effect furnished to the Engineer.
The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor,
and other just claims against him or any subcontractor in connection with this Contract and his bonds
will not be released by final acceptance and payment by the City unless all such claims are paid or
released.
7.14 Contractor Responsibility for Work - Until acceptance of the Work by the Board it
shall be under the charge and care of the Contractor and he shall take every necessary precaution
against injury or damage to any part thereof by the action of the elements or from any other cause
whatsoever arising from the execution or from the non execution of the Work. The Contractor shall
rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion
of the Work occasioned by any of the above causes before its completion and acceptance except such
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
40
, ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided.
7.15 Opening of Section of Work for Service - Whenever, in the opinion of the Engineer,
any portion of the Work is in acceptable condition for use it shall be opened for service as may be
directed and such opening shall not be held to be in any way an acceptance of the work or any part
of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or
renewals made on any section of the Work due to its being opened for use under instructions from
the Engineer, to defective materials or work, or to natural causes other than ordinary wear and tear,
pending completion and acceptance of the Work, shall be performed at the expense of the
Contractor.
7.16 No Waiver of Legal Rights - The City reserves the right, should an error be discovered
in the partial or final estimates, or should conclusive proofs of defective work or materials used by
or on the part of the Contractor be discovered after the final payment has been made, to claim and
recover by process of law such sums as may be sufficient to correct the error or make good the
defects in the work and materials.
7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty
or liabili1y upon the Contractor in any part of the Specifications shall not be construed as a limitation
or restriction upon genera1liability or duty imposed upon the Contractor by the Specifications, said
reference to any specific duty or liability being for purposes of explanation only. No waiver of any
breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of
the Contract.
BID NO. 113-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
41
Section 8
PROSECUTION AND PROGRESS
8.1 Subletting or Assigning Contracts - The Contractor will not be permitted to sublet,
assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title,
or interest therein to any individual, finn, or corporation without the written consent of the Board.
In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts.
No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability Wlder
Il>is Contract and Bond.
8.2 Progress of Work - It is Wlderstood and agreed that the Contractor shall commence
work not later than the time limit for beginning as set forth in the attached Proposal, and shall
provide an adequate force of labor and equipment to prosecute the Work at as many different points
as may be deemed necessary by the Engineer so as to insure the completion of the same within the
time limit for completion as set forth in the attached Proposal or Contract, except that where the
Contractor has more than one Wlcompleted Contract with the City, he is not to commence another
Contract nor place materials on the streets thereof without the consent of the Engineer.
8.3 Limitations of Operations - The work is to be confined, at anyone time, to five
squares, not to exceed 1,500 feet in length; and while the work is actually going on, as much as half
this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive
street intersections be allowed to be entirely closed to exclude traffic except by written consent of
the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic
Wltil the Engineer gives his consent. The Contractor may erect or maintain along the lines of his
work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such
structures do not interfere with the reasonable use of the streets or sidewalks. The size, location, and
construction of these must be subject to the approval of the Engineer.
The Contractor hereby agrees to arrange his work and dispose his materials so as not to
interfere with the operations of other contractors engaged upon adjacent work and to join his work
to that of others in a proper manner in accordance with the spirit of the Plans and Specifications, and
to perform his work in the proper sequence in relation to that of other Contractors, all as may be
directed by the Engineer.
Each Contractor shall be held responsible for any damage done by him or his agents to the
work performed by another Contractor. Each Contractor shall so conduct his operations and
maintain the Work in such condition that adequate drainage shall be in effect at all times.
8.4 Character of Workmen and Equipment - The Contractor shall employ such
superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall
determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful,
disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall
not again be employed on it except with written consent of the Engineer,
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
42
All workmen must have sufficient skill and experience to properly perform the work assigned
them. All workmen engaged on special work or skilled work, or in any trade, shall have had
sufficient experience in such work to properly and satisfactorily perform it and to operate the
equipment involved, and shall make due and proper effort to execute the Work in the manner
prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed.
Should the Contractor fail to remove such person or persons, or fail to furnish suitable or
sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may
withhold all estimates which are or may become due, or may suspend the Work until such orders are
complied with. The equipment used on any portion of the Work shall be such that no injury to the
roadway, adjacent property, or other highways will result from its use; and no item of machinery or
equipment, after once being place on the Work, shall be removed without the consent of the
Engineer.
8.5 Temporary Suspension of Work - The City or Engineer shall have the authority to
suspend the Work wholly or in part for such period or periods as may be deemed necessary due to
unsuitable weather or such other conditions as are considered unfavorable for the suitable
prosecution of the Work, or for such time as is necessary due to the failure on the part of the
Contractor to carry out orders given or perform any or all provisions of the Contract. If it should
become necessary to stop work for an indefinite period, the Contractor shall store all materials in
such manner that they will not obstruct or impede the traveling public unnecessarily, nor become
damaged in any way, and he shall take every reasonable precaution to prevent damage or
deterioration of the work performed; provide suitable drainage of the roadway by opening ditches,
shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not
suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the
written permission of the Engineer.
No allowance of any kind will be made for such suspension of work except an equivalent extension
of time for completion of the Contract.
8.6 Computation of Contract Time for Completion of the Work - Contractor shall
perform fully, entirely, and in accordance with these Specifications the Work contracted for within
specified time stated in the attached Proposal. In adjusting the contract time for the completion of
the Work, the length of time expressed in days, during which the prosecution of the Work has been
delayed in consequence of any suspension of work ordered by the Engineer, or omission of the
Board and not by any fault of the Contractor, shall be added to the contract time as set forth in the
attached Proposal, all of which shall be determined by the Engineer, and whose determination shall
be binding and conclusive upon both parties to the Contract. If the satisfactory execution and
completion of the Contract shall require work or material in greater value than set forth in the
Contract, then the contract time shall be increased in the same ratio as the additional value bears to
the original value contracted for. No allowance shall be made for delay or suspension of the
prosecution of the Work due to fault or negligence of the Contractor.
No claim for damages shall be made or allowed on account of delay or postponement occasioned
by the precedence of other contracts which may be either let or executed before the execution of the
Contract, or on account of the streets or structures adjacent to the Work not being in the condition
contemplated by the parties at the time of making the Contract, or on account of delay in the removal
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
43
, of obstructions; but if the Contractor shall be delayed in the perfonnance of his work by reason of
the streets or structures adjacent to the Work not being in condition contemplated, or on account of
delay in the removal of obstructions, or by reason of the Work or any part thereof being suspended
on account of other contracts, or for any other reason, such allowance of time will be made as the
Engineer shall deem reasonable.
8.7 Failure to Complete the Work on Time - The Work to be done under this Contract is
to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with
proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed
within the time limit set forth in the attached Proposal, and it is understood and agreed that the time
limit for the completion of said Work is of the essence of the Contract, and should the Contractor
fail to complete the Work on or before the date specified it is agreed that for each calendar day that
any work shall remain uncompleted, after the time specified in the attached Proposal, with any
extension of time which may be allowed by the Engineer for the completion of the Work provided
for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the
following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as
liquidated damages and added expense for supervision on each Contract:
Amount of Liquidated Damages and Estimated Cost of Supervision Per Day See Paragraph 3.2 of
Agreement
The Contractor shall take into account all contingent work which has to be done by other
parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said
contingent work as an excuse for delay in his work or for its non- performance.
Nothing in this clause shall be construed as limiting the right of the Board to declare the
Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to
abide by each and every one of the terms of this Contract as set forth and provided for in the General
Provisions, Special Provisions, and Specifications herein contained.
8.8 Annulment of Contract - If the Contractor fails to begin the Work under Contract
within the time specified, or fails to perform the Work with sufficient workmen and equipment or
with sufficient materials to insure the prompt completion of said Work, or shall perform the Work
unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be
rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the
Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or
insolvency, or allow any final judgement to stand against him unsatisfied for a period of forty eight
(48) hours, or shall make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in
writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and
if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance
therewith, then the Board shall upon written certificate from the Engineer of the fact of such delay,
neglect, or default and the Contractor's failure to comply with such notice, have full power and
authority, without violating the Contract, to take the prosecution of the work out of the hands of said
Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable
and acceptable and may enter into an agreement for the completion of said Contract according to the
terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
44
, or not such agreement is made or filed as noted, the Contractor and the Surety in all cases shall
indemnify and save harmless the City from any and all claims for infringement by reason of the use
of any such patented design, device, material, or process, to be performed under the Contract, and
shall indemnify the said City for any costs, expenses, and damages which it may be obliged to pay,
by reason of any such infringement, at any time during the prosecution or after completion of the
Work.
7.4 Right of Way - In cases where the Work is done on private property the City guarantees
the Contractor the right-of-way for the construction of the Work, but the Contractor must take all
precautions not to inconvenience the tenant or property owner any more than necessary. The right
is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such
right-of-way is denied the City.
The Contractor shall have no claims for damage due to delay by the City in furnishing
necessary right-of-way, but should any such delay occur the Contractor shall be entitled to such
extension of time for the completion of his Contract as may be determined by the City to be
reasonable.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time
specified, the Engineer shall have the authority to cause such repairs to be made, in which case the
Contractor shall not be relieved in any way from his responsibility for the work performed by him.
7.S Restoration of Surfaces Opened by Permit - Any individual, firm, or corporation
wishing to make an opening in the street must secure a permit from, and will be required to deposit
security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs,
and the Contractor shall not allow any person or persons to make an opening unless a duly
authorized permit from the City is presented.
The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or
service pipe or their accessories at any time before the completion of the Work. The Contractor is
to exercise such supervision thereof as will protect him against defects in the finished Work.
In case of damage to the work on account of work so done, the Engineer may direct the
Contractor to make the necessary repairs, and payment for such repairs will be made as provided
under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the
time specified, the Engineer shall have the authority to cause such repairs to be made, in which case
the Contractor shall not be relieved in any way from his responsibility for the work performed by
him.
7.6 Sanitary Provisions - The Contractor shall provide and maintain at his own expense,
in a sanitary condition, such accommodations for the use of his employees as is necessary to comply
with the requirements and regulations of State and County Boards of Health. He shall commit no
public nuisance.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
38
7.7 Public Convenience and Safety - The Contractor shall conduct the Work so as to insure
the least obstruction to traffic practicable, and shall provide for the convenience of the general public
and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials
and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public
as possible and shall be lighted and barricaded as hereinafter provided.
7.8 Closing Streets - Streets shall not be closed except when and where directed by the
Engineer, and whenever the street is not closed the Work must be so conducted that there shall at
all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part
of the Work the Contractor shall provide and maintain a passable driveway as directed by the
Engineer.
Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be
maintained by the Contractor in all cases and the Engineers office and the Fire Department shall
immediately be notified by telephone or otherwise upon the closing and/or opening of each street
or section thereof.
7.9 Barricades, Warnings, and Detour Signs - The Contractor shall provide, erect, and
maintain, at his own expense, barricades, danger warnings, and detour signs whenever they may be
necessary. He shall place sufficient lights on and/or near the Work and keep them burning from
twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the
Work; provide all watchmen by day or night and take all other precautions that may be necessary;
shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and
equipment, and take all other precautions that may be necessary for the proper protection of the
Work and public convenience and safety.
Streets closed to traffic shall be protected by effective barricades on which shall be placed
acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour
signs at all closures, intersections, and along the detour routes, directing the traffic around the closed
portion or portions of the Work, so that the temporary detour route or routes shall be indicated
clearly throughout its or their entire length.
7.10 Fire Hydrants, Gutters, Etc. - Fire hydrants on or adjacent to the Work shall be kept
accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten
(10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and
obstruction of sewer inlets, gutters, and ditches will not be permitted.
7.11 Use of Explosives - Unless otherwise expressly stipulated herein, the use of explosives
is not contemplated in the prosecution of this Contract, and in no case will their use be permitted
without the written permission of the City Engineer and a permit issued by the Chief of the Fire
Department.
Where such permission for the use of explosives is obtained the Contractor shall use the
utmost care so as not to endanger life or property, and whenever directed the nwnber and size of the
charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage
places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of
competent watchmen.
BID NO. 123-99/00
DATE: 9/S/00 (AMENDED)
CITY OF MIAMI BEACH
39
. the completion of said Contract in an acceptable manner.
All costs and charges incurred by the Board, together with the costs of completing the Work under
contract, shall be deducted from any monies due or which may become due said Contractor. In case
the expense shall exceed the sum which would have been payable under the Contract, then the
Contractor and the Surety shall be liable and shall pay to the City the amount of said excess.
8.9 Termination of Contractor's Responsibility - This Contract will be considered
complete when all work has been completed, fmal inspection made, and the work accepted by the
Board as hereinafter provided. The Contractor will then be released from further obligation except
as set forth in his bond, and except as provided in Article 7.16 of these Specifications.
BID NO. 1Z3-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
45
Section 9
MEASUREMENT AND PAYMENT
9.1 Measurement of Quantities - All work completed under this Contract shall be
measured by the Engineer, according to United States Standard Measures. All measurements shall
be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual
surface of the pavement. No allowance shall be made for surfaces laid over a greater area than
authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except
where such work is done upon written instructions of the Engineer.
9.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and
accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor,
equipment, and tools, and for perfonning all the Work contemplated and embraced in the attached
Specifications and Proposal, also for all loss or damage arising out of the nature of the Work
aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which
may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter
provided for, and also for all risks of every description and all expenses incurred by or in
conse~uence of the suspension or discontinuance of the Work as herein Evided for~ or for anr
j
-
!Q For any special equipment or machinery, such as power driven rollers, tractors, trucks,
shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc.,
required for the economical performance of the work, the Engineer shall allow the Contractor a
reasonable rental price to be agreed upon in writing before such work is begun, for each and every
hour that said special equipment is in use on the work, to which sum no percentage shall be added.
The compensation as herein provided shall be received by the Contractor as payment in full
for Extra Work done on a force account basis.
The Contractor's representative and the Inspector shall compare records of extra work done
on a force account basis at the end of each day. Copies of these records shall be made in duplicate
upon a form provided for this purpose by the Inspector and signed by both the Inspector and the
Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized
representative, and to the Contractor. All claims for extra work done on a force account basis shall
be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall
be attached original receipted bills covering the costs of and the freight charges and hauling on all
materials used in such work, and such statements shall be submitted to the Engineer on the current
estimate of the month in which work was actually done.
9.5 Omitted Items - The City shall have the right to cancel the portions of the Contract
relating to the construction of any items therein by the payment to the Contractor of a fair and
equitable amount covering all items incurred prior to the date of cancellation or suspension of the
work by order of the Engineer.
9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will
be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by
the Contractor under these Specifications, when such materials have been delivered, inspected, and
payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the
Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per
cent of the amount due being reserved until a fmal settlement after the completion of the Work.
Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment.
It is understood and agreed that the City may also deduct from any estimate, either partial
or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams,
equipment and/or other things as elsewhere provided herein.
Should any defective work or material be discovered previous to the fmal acceptance, or
should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the
completed Work, the estimate and payment for such defective or questioned work shall not be
allowed until the defect has been remedied and causes for doubt removed. The monthly payments
shall be approximate only, and all partial estimates and payments shall be subject to correction in
the final estimate and payment. If the total amount of the retained percentage of the Contract is
greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor
a portion of the suspended payment, provided that the City shall at all times retain an amount
sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied
claims.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
47
9.7 Acceptance and Final Payment - Whenever the improvement provided for under this
Contract shall have been completely performed on the part of the Contractor, and all parts of the
Work have been approved by the Engineer according to the Contract, and all trash, debris,
equipment, and other things used in the construction removed from the site of the construction and
from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact
to the Board in writing, recommending the acceptance of the Work.
Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work
will be prepared by the Engineer as soon as the necessary measurements and computations can be
made all prior certificates or estimates upon which payments have been made being approximate
only and subject to correction in the Final Estimate.
The amount of the Final Estimate, less any sums that may have been deducted or retained
under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the
Final Estimate has been approved by the Board, provided that the Contractor has furnished to the
Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with
the Work done under this Contract. Upon this final payment the City is to be released from all
liability whatever growing out of this Contract.
No final payment shall be made without the submittal of the following documents: the
FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETIER OF APPROVAL OF
THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL
CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETIER OF
FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the NE of record,
approved by the City.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
48
Section 10
SPECIAL PROVISIONS
10.1 WORKMEN'S COMPENSATION: Before starting work the Contractor shall furnish
satisfactory evidence that he has complied with the Workmen's Compensation Act of the
State of Florida, and any amendments thereto, and all laws pertaining to the protection of
his employees.
10.2 BONDS: Contract Bonds will be required. The Perfonnance and Payment Bonds shall
each be in the amount of one hundred (100"10) percent of the contract price, submitted by
the successful bidder and placed through a Miami Beach agency where practicable.
10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and
warning signs to protect the public during the course of the work.
The Contractor shall take every precaution to protect the abutting properties and minimize
the possibility of damage to same. Contractor shall be liable for restoration of all property
including City property.
10.4 LEGAL LIABILITY: All suits, actions, or claims of whatever nature which, may arise
occasioned either directly or indirectly by the work provided for under the Specifications
herein, shall be assumed by the Contractor and the City Commission and all its officers,
agents, employees shall be indemnified and saved hannless therefrom.
10.5 FAMILIARIZATION: The Contractor shall visit the site of proposed work in order to
become familiar with existing conditions at the site.
10.6 PERMITS: The Contractor shall procure all permits and licenses as required, however,
there will be no charge for the construction permits issued by the City of Miami Beach.
10.7 CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS:
In case of conflict between the requirements of Special Provisions and General
Provisions, the requirements of the Special Provisions will prevail.
10.8 LIMITATIONS OF OPERATIONS:
No work shall be accomplished on Saturdays and Sundays. No work shall take place
between the hours of 6:00 p.m. and 7:00 a.m., however contractor may take necessary
precautions to protect work already accomplished. Any work that the contractor fmds
necessary to provide during the above days and times, must obtain written pennission
from the Property Management Director or designated representative.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
49
ROOF REPAIR FOR THE FLEET
MANAGEMENT BUILDING
SCOPE OF WORK:
The contractor shall provide all supervision, labor, materials and equipment required to perform
Roof Repair for the Fleet Management Building as follows:
A. FLEET MANAGEMENT BUILDING - REPLACE WITH A BUILT-UP ROOF
.
Remove existing roof system down to the concrete deck.
.
Prime concrete deck with asphalt primer.
.
Installl/8" tapered insulation.
.
Hot mop three (3) plies of Type IV fiberglass felt.
.
Hot mop one (J) layer of modified bitumen membrane.
.
Install modified bitumen membrane flashing at all vertical terminations.
.
Secure vertical flashings with an aluminum termination bar.
.
Install lead flashing at all roof drains and plumbing vents.
.
Reseal all existing scuppers.
.
Install walkpads to match the existing configuration.
.
Provide owner (City of Miami Beach) with a minimum five (5) year Workmanship
Warranty.
.
Provide owner (City of Miami Beach) with a minimum ten (10) year Manufacturer
Warranty.
.. The Fleet Management Department shaD remain in a satisfactory operating
condition and capable of safely and efficiently perform their required work
while contractor is working on this project.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
SO
ROOF REPAIR FOR THE FLEET
MANAGEMENT BUILDING
SCOPE OF WORK:
The contractor shall provide all supervision, labor, materials and equipment required to perform
Roof Repair for the Fleet Management Building as follows:
B. FLEET MANAGEMENT BUILDING - METAL ROOF
.
Pressure clean metal roof and gutters to assure proper attachments of sealants.
.
Seal joints where panels lap using silicone or rubber caulking.
.
Seal any penetrations through roof using plastic cement and reinforcing membrane.
.
Seal all mechanical attachment devices that penetrate the roof surface.
.
.
Seal gutters where necessary using plastic cement and reinforcing membrane.
Where plastic is used, contractor will coat with aluminum roof coating.
.
Provide owner (City of Miami Beach) with a minimum five (5) year Guarantee
against leakage, to become effective from the "Date of Acceptance" by the City.
.. The Fleet Management Department shall remain in a satisfactory operating
condition and capable of safely and efficiently perform their required work
while contractor is working on this project.
BID NO. 113-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
51
DMSION 3. WBBYISTS
See. 1-481.
Definitions.
The following words, tenns and phrases, when used in this division, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to
recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension
boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the
day-to-day policy setting, operation and management of certain defmed functions or areas of responsibility.
Commissioners means the mayor and members of the city commission.
Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief
deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with
administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage,
defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision,
recommendation of any city board or comminee; or any action, decision or recommendation of any personnel defmed
in any manner in this section, during the time period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The
term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of
whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and
agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master hearings
and administrative hearings shall not be included for purposes of this division.
(Old. No. 92-2777, ~~ 1,2,3-4-92; Old. No. 92-2785, ~~ 1,2,6-17-92)
Cross reference(s)--Defmitions generally, ~ 1-2.
Sec. 2-482.
Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person
required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and
state under oath:
(I) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional city commissioner or personnel who are also
sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no
additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information
and amend the forms filed throughout the period for which the lobbying occurs.
4:1) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also
be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or
indirectly, a five percent or more ownership interest in such corporation, partnership, or trust.
BID NO. 123-99/00
DATE: 9/5100 (AMENDED)
CITY OF MIAMI BEACH
52
,(d) Separate registration sball be required for each principal represented on each specific issue. Such issue shall
be described with as much detail as is practical, including but not limited to a specific description where
applicable ofa pending request for a proposal, invitation to bid, or public aing number. The city clerk shall
reject any registration statement not providing a description of the specific issue on which such lobbyist has
been employed to lobby.
( e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice ofwithdrawal.
(I) In addition to the registration fee required in subsection (a) of this section, registration of all lobbyists shall
be required prior to October I of every even-numbered year; and the fee for biennial registration shall be as
specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the extent of any
business, financial, familial or professional relationship, or other relationship giving rise to an appearance of
an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on
the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (I) of this section shall be deposited by the clerk into a
separate account and shall be expended only to cover the costs incurred in administering the provisions of this
division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the
registration fee upon a finding of fmancial hardship, based upon a sworn statement of the applicant. Any
person who only appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association
or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect
or contingent, to express support of or opposition to any item, shall not be required to register with the clerk
as required by this section. Copies of registration forms shall be furnished to each commissioner or other
personnel named on the forms.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only
appears in his official capacity shall not be required to register as a lobbyist.
(h) Any person who only appears in his individual capacity at a public hearing before the city commission,
planning board, board of adjustment, or other board or committee and has no other communication with the personnel
defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct,
indirect or contingent, to express support of or opposition to any item, shall not be r"quired to register as a lobbyist,
including but not limited to those who are members of homeowner or neighborhood associations. All speakers shall,
however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance
abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall
any agent, attorney, officer or employee of such person.
(Ord. No. 92-2777, ~~ 4, 5, 3-4-92; Ord. No. 92-2785, ~~ 4, 5, 6-17-92)
Sec. 2-484.
Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of the
mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain
signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel
as defmed in section 2-481.
(Ord. No. 92-2785, ~ 6, 6-17-92)
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DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
53
Sec. 2-485.
(a)
(b)
o
(d)
List of expenditures.
On October I of each year, lobbyists shall submit to the city clerk a signed S1atement UIIder oath
listing all lobbying expenditures in the city for the preceding calendar year. A statement shall be
filed even if there have been no expenditures during the reporting period.
The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist regislralions
filed. All logs required by this section shall be prepared in a manner substantially similar to the logs
prepared for the state legislature pursuant to F.S. ~ 11.0045.
All members of the city commission and all city personnel shall be diligent to ascertain whether
persons required to register pursuant to this section have complied with the requirements of this
division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by
a person who is not registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
The city attorney shall investigate any per.lOns engaged in lobbying activities who are reported to
be in violation of this division. The city attorney shall report the results of the investigation to the
city commission. Any alleged violator shall also receive the results of any investigation and shall
have the opportunity to rebut the findings, if necessary, and submit any written material in defense
to the city commission. The city commission may reprimand, censure, suspend or prohibit such
person from lobbying before the commission or any committee, board or personnel of the city.
(Ord. No. 92-2777, ~ 6, 3-4-92; Ord. No. 92-2785, ~ 7, 6-17-92)
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
54
DMSION 4. PROCUREMENT
See. 1-486.
Cone of silence.
(a) Contracts for the provision of goods and services other than audit contrac:ts.
(I) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication
regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for
letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist,
or consultant and the city's professional staff including, but not limited to, the city manager and his
or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between
the mayor, city commissioners, or their respective staffs, and any member of the city's professional
staff including, but not limited to, the city manager and his or her staff. Notwithstanding the
foregoing, the cone of silence shall not apply to competitive processes for the award of COBO,
HOME, SlllP and Surtax Funds administered by the city office of community development, and
communications with the city attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and hid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of
silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods and
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate a) at the time the city manager makes his or her
written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the
city commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence
shall be reimposed until such time as the manager makes a subsequent written
recommendation, or b) in the event of contracts for less than $10,000.00, when the city
manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid
conferences, oral presentations before evaluation committees, contract discussions during any duly
noticed public meeting, public presentations made to the city commissioners during any duly
noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ,
RFLI, or bid by the city commission, or communications in writing at any time with any city
employee, official or member of the city commission, unless specifically prohibited by the
applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any
written communications with the city clerk. The city clerk shall make copies available to any
person upon request.
(b) Audit contracts.
(I) "Cone of silence" is hereby defmed to mean a prohibition on: (a) any communications regarding
a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist,
or consultant and the mayor, city commissioners or their respective staffs, and any member of the
city's professional staff including, but not limited to the city manager and his or her staff, and (b)
any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city
commissioners or their respective staffs and any member of the city's professional staff including,
but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone
of silence shall not apply to com:nunications with the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP,
RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of
the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice
of the cone of silence.
BID NO. 113-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
55
The cone of silence shall ~nninate a) at the time the city manager makes his or her written recommendation as to the
selection of a particular RFP. RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission
refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be
reimposed until such time as the manager makes a subsequent written recommendation. or b) or in the event of contracts
for less than $10,000.00, when the city manager executes the contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public presentations aI duly
noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in
contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with
city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from
communicating in writing with any city employee or official for purposes of seeking clarification or additional
infonnation from the city or responding to the city's request for clarification or additional infonnation, subject
to the provisions of the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a
copy of any written communication with the city clerk. The city clerk shall make copies available to the
general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly
addressing the city commissioners during any duly noticed public meeting regarding action on any audit
contract. The city manager shall include in any public solicitation for auditing selVices a statement disclosing
the requirements of this division.
Ci Violations/penalties and procedures. An alleged violalion of this section by a particular bidder or proposer
shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP
award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer
shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or selVices
for a period of one year. Any person who violates a provision of this division shall be prohibited from serving
on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision
of this division by a city employee shall subject said employee to disciplinary action up to and including
dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report
such violation to the state attorney and/or may file a complaint with the county ethics commission.
(Ord.No.99-3
6 4 , ~
- 6 - 99)
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
56
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED
"PROCUREMENT", BY CREATING DMSION 5, ENTITLED "DEBARMENT", SECTIONS
2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled-
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397 Pur;pose Ql debarment.
( a) The City shall solicit offers from. award contracts to and consent to subcontractors with
resj)Onsible contractors only: To effectuate this police. the debarment of contractors from City
work may be undertaken.
(b) The serious nature of debarment requires that this sanction be ilI\j)Osed only when it is in
the public interest for the City's protection. and not for plJ:(pOses of punishment. Debarment
shall be imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(q)4.(tiliates Business concerns. or~anizations. lobbyists or other individuals are affiliates of
each other if. directly or indirectly. Cl) either one controls or hll~ the j)Ower to control the other.
or (in a third part controls or has the power to control both. Indicia of control include. but are
not limited to. a fiduciaty relation which results from the manifestation of consent by one
individual to another that the other shall act on his behalf and subject to his controL and
consent by the other so to act: interlockin~ mana~ement or ownership: identity of interests
amon~ family members: shared facilities and equipment: common use of employees: or a
business entity or~anized by a debarred entity. individual. or affiliate followin~ debarment of a
contractor that has the same or similar mana~ement. ownership. or principal employees as the
contractor that was debarred or s~nded.
(Q) Civil iudgment means a iud~ent or findin~ of a civil offense by lII1Y court of
competent jurisdiction.
(;) Contractor means lII1Y individual or other leial entity that:
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
57
(n Directly or indirectly (e.i. throuih an affiliate). submits
offers for is awarded.. or reasonably mllY be expected to submit offers or be awarded a City
contract. includin!i!. but not limited to vendors. suppliers. providers. bidders. proposers.
consultants. and/or desi~ professionals. or
(2) Conducts business or reasonable man he expected to conduct business. with the City a~
an aient.. ~presentative or subcontractor of another contractor.
(sf) Conviction means a iud!lement or conviction of a criminal offense. be it a felo~ or
misdemeanor. by a~ court of competent iurisdiction. whether entered U1)On a verdict or a
plea. and includes a conviction entered U1)On a plea of nolo contendere
(el Debarment means action taken by the Debarment Committee to exclude a contractor
(and. in limited instances ~cified in this ordinance. a bidder or prQposer from City
contractini and City approved subcontractini for a reasonable. ~cified period as provided
in subsection 0) below' a contractor so excluded is debarred.
(f) Debarment Committee means a sp-oun of seven (7) individual members. each lijlpOinted
by the Mayor and individual City Commissioners. to evaluate and. if warranted. to impose
debarment.
(g) .'lrcptJlltk,allu Greater wei~ht if the evidence mean.. proQf bv i1J(ormation that
comoared with that oooosin~ it leads to the conclu..ion that the (act at issue is more
orobab/y true than not.
(h) Indictment means indictment for a criminal offense. An information or other filini by
competent authority chariini a criminal offense shall be !liven the same effect as an
indictment.
(I) Le~al nroceedinfl means any civil iudicial proceedini to which the City is a party or any
criminal proceedinll. The term includes lijlpeals from such proceedinis.
(j) List Ql debarred contractors means a list compiled. maintained and distributed by the
Citys Procurement Office. containini the names of contractors debarred under the
procedures of this ordinance.
Section 2-399 List Qf debarred contractors
(a) The City's Procurement Qffice. is the a.llent;y charfled with the implementation if this
ordinance shall:
(1 I Compile and maintain a current. consolidated list (Lis(1 Q.( all contractors debarred /vi City
deoartments Such List shall be public record and shall be available (or uublic i~ction and
dissemination:
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DATI:: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
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\
(2.1 Periodically revise and distribute the List and issue sUQplements. if necessary. to all
deDartments. to the QjJice Q.f the City Mana~er and to the Mqyor and City Commissioners: and
(~) Included in the List shall be the name and teleahone number Q.fthe City official resoonsible for
its maintenance and distribution.
(b) The List shall indicate:
(]) The names and addresses Q.f all contractors debarred. in a/,phabeticaJ order:
(2) The name Illthe department that recommends initiation qlthe debarment action:
(3) The cause for the debarment action. as is further described herein. or other statutory or
re'lJllatory authority:
(4) The (trect of the debarment action:
(5) The termination date for each listing:
(~) The contractor's certificate III comlJetence or license number. when qpplicable:
(71 The nerson throu~h whom the contractor is qualified. when qpplicable:
(8) The name and teleahone number III the aoint Qf contact in the deoortment recommending the
debarment action.
<!::l The City's Procurement Qffice shall:
(11 In accordance with internal retention procedures. maintain records relating to each
debarment:
(2) Establish procedures to provide for the (trective use if the List. including internal
distribution thereq/ to ensure that departments do not solicit Qtrers from. award contracts to. or
consent to subcontracts with contractors on the List: and
(3) Resoond to inquiries concerning listed. contractors and coordinate such re~onses with the
deaartment that recommended the action.
BID NO. 123-99/00
DATE: 9/5/00 (AMENDED)
CITY OF MIAMI BEACH
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.\.
Section 2-400 FJfect of debarment.
(qJ Debarred contractors are excluded from receivinl: contracts. and deDartments shall not
solicit Qjfers from. award contracts to or consent to subcontracts with these contractors unless
the City ManG$er determines that an emerient;)! exists iustif)Ji1l$ such action. and obtains
aDproval from the Mqyor and City Commission. which aDDroval shall be Viven bv 5/7th~ vote Q.f
the City Commission at a refrUlar{v scheduled City Commission meetin!:. Debarred contractors
are also excluded from conductinr: business with the City as al:ents. reDresentatives
subcontractors or vartners q,f other contractors
rQ.I Debarred contractors are excluded from actinr: as individual sureties.
Section 2-401 Continuation Q.f current contracts.
(aJ Commencinr: on the effective date qf this ordinance. all DroDosed City contracts as well as
Request for ProJJosals (RFP) Request for Qualifications (RFQi. Requests for Letters q,f Interest
(RFL/). or bids issued be the City shall incor:porate this ordinance and ~pecify that debarment
mqy constitute ffTound~ for termination Q.f the contract as well as disqualification from
consideration on any RFP. RFD. RFLI or bid.
(hi The debarment shall take <ffect in accordance with the notice Drovided bv the City Manar:er
Dursuant to subsection 2-405(h) below exceDt that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred. the debarment Deriod mqy
commence upon the conclusion qf the contract. suQject to aDDroval q,f same be 5/7ths vote q,f the
Mqyor and City Commission at a relJUlariy scheduled meeting.
I!::l City deDartments mqy not renew or otherwise extend the duration Q.f current contracts or
consent to subcontracts with debarred contractors. unless the City Manal:er determines that an
emergent;)! exists iustifyinff the renewal or extension or for an qpproved extension due to delqy
or time extension (or reasons beyond the contractor's control. and such action is qporoved bv
5/7ths vote q,fthe Mqyor and City Commission at a re'lUlar{v scheduled. meetin!:.
(4) No further work shall be awarded to a debarred contractor in connection with a continuinx
contract. where the work is divided into seDarate discrete vrol{Ps and the City's r<fusal or denial
q,(further work under the contract will not result in a breach qf such contract.
Section 2-402 Restrictions on subcontractinft.
('II When a debarred contractor is DroDosed as a subcontractor for a1lY subcontract sull/ect 10
City qpDroval. the deDartment shall not consent to subcontracts with such contractors unless the
City Manafter determines that an emerffent;)! exists justifyin!: such consent. and the Mqyor and
City Commission aI/proves such decision. bv 5/7ths vote. at a revulariy scheduled meeting.
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\.
(h) The Cifv shall not be resoonsible for allY increases in TJrQ/ect costs or other eJfJ)enses incurred
by a contractor as a result of r~/ection Q/ proTJosed subcontractors nursuant to subsection 2-
402(a) above nrovided the subcontractor waf debarred TJrior to bid oTJeninj{ or oneninfl of
nroposals. where the contract was awarded be the Ci/)i nursuant to an RFP RFG. RFLl or bid
Section 2-403 Debarment.
(a) The Debarment Committee mav. in the public interest. debar a contractor for any of the
causes listed in this ordinance using the nrocedures outlined below. The existence Qf a cause for
debarment. however does not necessarilv require that the contractor be debarred: the
seriousness Ql the contractor's acts or omission.. and a'1)' mitigatillg factors should be
con..idered in makillg any debarment decision.
(h) Debarment constitutes debarment Qf all Qfficers directors. shareholders ownillg or
controlling twen/)i-five (2S) nercent Qf the stock. partners. division.. or other or~anizational
elements Ql the debarred contractor. unless the debarred decision is limited bv its terms to
specific divisions. orr:anizational elements or commodities The Debarment Committee's
decision includes any existill'l qffiliates Qf the contractor if thev are a) sTJecifical(y named and
(iil r:iven written notice of thenroposed debarment and an onTJortuni/)i to resTJond ."lit"'''
4th'ititl! ,~f t,~e ~"lItJ 'lJeliJ, llf ~ .Jti~ieet M flu BeAm nu.nf ClJffl"Ji1k~'.J tli:.ei~i,,1I.
<<::I A contractor's debarment shall be ~f!ective throuflhout Ci/)i Government
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil iudrnnent.
(J) For commission of a fraud or a criminal Qffense in connection with obtainillg. attemTJting
to obtain. TJerlorming. or makillg a claim UTJOn a public contract or subcontract or a contract
or subcontract funded in whole or in part with TJublic funds:
(2) For violation Q(federal or State antitrust statutes relatin~ to the submission of offers:
(3) For commission Qf embezzlement. tht:,f1. forgerv. bribery. falsification or destruction Qf
record.. making false statements. or receiving stolen nroTJer/)i:
(4) Which makes the Ci/)i the nrevailillg TJar/)i in a legal TJroceedillrt and a court determines
that the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(h) The Committee ml{Y debar a contractor. (and. limited instances set forth hereinbelow. a
bidder or TJrQPoser) ha.ed UTJon a '" {p6l1tla alia the weater wei'lht Qfthe evidence. for:
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(J) Violation Qf the terms fl.f a CiO' contract or subcontract. or a contract or subcontract
funded in whole or in oart bv CiO' funds. such as failure to Deiform in accordance with the
terms of one (1) or more contracts as certified bv the City department administerinv the
contract: or the failure to pe~form or unsati.~factori(y oer:.form in accordance with the terms ql
one (]) or more contracts. as certified kv an indeoendent refJistered architect. en~ineer or
~eneral contractor
f.~) Violation Qf a City ordinance or administrative order which lists debarment as a ootential
nenalty.
:'~) "tn.. lJt,'1eJ eawe ..~.lit.~ 4.f!t;ets t,"e re.fl'."uibility o..f II Cit} llJllh lKMI dJ .n:ibl:iJllh lKM' in
l)t.rI'" minI Cit) r~lJ' Ie.
Section 2-405 Debarment orocedures.
(ql Req.uests for the debarment qf contractors mC{.Y be initiated bv a City Devartment or bv a citizen-at
lar~e and shall be made in writinll to the Qffice Q,f the Citv Manaller. Upon receipt Qf a req.uest for
debarment. the City Mana~er shall transmit the request to the Mqyor and City Commission at a reJ:Ularl.v
scheduled meetinf: The MC{.Yor and City Commission shall transmit the req.uest to a person or persons who
shall be charg.ed bv the City Commission wiih the duty 0/ orompt(y investilratinll and prfiparinll a written
reDort(!;.l concerni"r: the DrolJosed debarment. inc1udinr: the cause and 'Pounds for debarment. as set forth
in this ordinance.
(b) Upon comlJletion ql the qlorestated written r~ort the City Manar:er shall forward said r~ort to the
Debarment Committee. The City's Procurement Office shall act as stqff to the Debarment
Committee and. with the assistance Qf the Citl duuJI "'Iart person or persons which lJrelJared the
rfiPort. oresent evidence and argument to the Debarment Committee
<I::J Notice Q,f proposal to debar. Within ten workinf dC{.Ys Qf the Debarment Committee havinll received
the request for debarment and written reoort. the City's Procurement Qffice. on behalf of the Debarment
Committee shall issue a notice QforQPosed debarment advising the contractor and a'tV soecifical/y
named affiliates. bv certified mail. return receipt requested. or personal service. containi"!: the
followinr i'1formation:
(1) That debarment is beinl{ considered:
(.~) The reasons and causes for the oroDosed debarment in terms Sljfficient to nut the contractor and a1tV
named'l.ffiliates on notice ql the conduct or transaction(s) upon which it is based:
(3) That a hearinl{ shall be conducted bifore the Debarment Committee on a date and time not less than thinv
(30) davs after service of the notice. The notice shall also advise the contractor that it may be reoresented ~v an
attornev. mav nresent documentarv evidence andverhal testimonY. and mav cross-examine evidence and testimoll)'
m'esented a'fainst it
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(4) The notice shall also describe the dfect qfthe issuance qfthe notice qfproposed debarment. and qfthe
potential ~tlect qf an actual debarment.
(d) No later than seven (z) workin~ davs. prior to the scheduled hearin.~ date the contractor must furnish
the City's Procurement QVice a list q/ the dt:.fenses the contractor intendf to Dresent at the hearin~.
(f the contractor fails to submit the list.
in writinl! at least seven (Z) workin~ dqys Drior to the hearin.~ or fails to seek
an extension qltime within which to do so. the contractor shall have
waived the oDDortunity to be heard at the hearin'l. The Debarment
Committee has the riVht to want or dert)J an extension qftime. and for
good calLve mqy set aside the waiver to be heard at the hearing and its
decision ml{V on{v be reviewed UDon an abuse Qf discretion standard
(~J Hearsqy evidence shall be admissible at the hearing but shall IIOt form the
sole basis for initiatin'l a debarment Drocedure nor the sole basis Qf anv
determination Qf debarment. The hear in,? shall be transcribed taDed or
otherwise recorded /vi use qf a court reDorter. at the election Committee
and at the eXDense Qf the City. CODies Qf the hearin~ taDe or transcript
shall be furnished at the eXDense and request Qf the requestin'l Darty
(0 Debarment Committee's decision. In actions based ul10n a conviction or
judgment. or in which there is no ~enuine di.mute over material facts.
the Debarmerment Committee shall make a decision on the basis Qf all
the undjsDuted. material il'J,formation in the administrative record
includin~ anv undisDuted material submissions made bv the contractor.
Where actions are based on disDuted evidence. the Debarment
Committee shall decide what weight to attach to evidence Qf record.
judge the credibility Qf witnesses. and base its decision on the
"'{ptllldwtfllct; greater weil!ht of the evidence standard The Debarment
Committee shall be the sole trier Qj fact. The Committee's decision shall
be made within ten (] QJ working dl{Vs {{fler conclusion of the heariru:.
unless the Debarment Committee extends this Deriod for 'lood cause.
(l{J The Committee's decision shall be in writin.~ and shall i1/Clude the
Committee's factual findings. the principal causes Qf debarment as
enumerated in this ordinance identification Qj the contractor and all
named qViliate: qflected bv the decision. and the SDecjfic te"n.
includin'l duration. Q.fthe debarment imDosed
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(h) Notice of Debarment Committee's dec;.,ion
(1) If the Debarment Committee decides to impose debarment. the Citv
Manqger shall iive the contractor and allY named q(filiates involved
written notice bv certified mail return receint requested or hand
delivery. within ten (lQ) workin~ dqys Ql the decision. slJecifYin~ the
reasons for debarment and includin~ a COlJV Q/the Committee's written
decision: statini the lJeriod Qf debarment. includins: (ffective dates: and
advisinv that the debarment is (fective throu~hout the Ci(y delJartments
(2) (f debarment is not imoosed.the Ci(y Mana'ier shall notify the contractor and any named
qffiliates ill.ol.ul.bv certified mail. return receipt requested. or personal service within
ten (l Q) workin~ dqys Qj the decision.
(lJ All decisions Qf the Debarment Committee shall be final and shall be effective on the date the
notice is si<pled bv the Ci(y Mana~er Decisions qfthe Debarment Committee are su1J.lect
to review bv the Appellate Division qfthe Circuit Court. A debarred contractor mqy seek
a stqy Qjthe debarment decision in accordance with the Floridn Rules q,f AJQJellate
Procedure
Section 2-406 Period Q/ debarment
(a) The veriod q,f debarment imoosed shall be within the sole discretion q,fthe Debarment
Committee Debarment shall be for a period commensurate with the seriousness q,f the
causers). and where aVlJlicable. within the f:Uidelines set forth below. but in no event
shall exceed five (5) vears.
11?) The followinll f:Uidelines in the veriod q,f debarment shall aQPly excelJt where miti~atin~ or
awavatinll circumstances iustify deviation:
(V For commission q,f an q,fense as described in subsection 2404(a)0!: five (5) vears
(~) For commission Qj an q,(fense as described in sub.~ection 2404(q)(2): five (~) veers.
(~) For commission Q/ an q,fense as described in subsection 2404(a)(3): five (5) years.
(4) For commission qf an offense as described in subsection 2404(a)(-54): two (2) to five (5)
~
(5) For commission q,f an offense as described in subsection.~ 240411?)fl) or (~): two (2) to five (5)
~
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<!:> The Debarment Committee mqy. in its sole discretion. reduce the neriod fl.f debarment. UDOn the
contractor's written request for reasons such as:
(]) Newly discovered material evidence:
(2) Reversal fl.f the conviction or civil iuawnent uoon which the debarment was based:
(3) Bona fide chanf{e in ownershio or manaf{ement:
(4)Elimination qlother causes for which the debarment was imposed: or
(~) Other reasons the Debarment Committee deems qpDroDriate.
Cd) The tkbal IIltlltdebarred contractor's written request shall contain the reasons for
requestinf{ a reduction in the debarment neriod The CiO/s Procurement QQice. with the
assistance Qf the q,ffected deoortment shall have thirty (30) df:cls from receiot qf such request
to submit written reSDonse thereto. Thl tl~ciJi(j1l (}..f the IXbal 1JIi:llt COIJlluiHi.l J i: ta, dill' a
J l(Jlit.Jt ,lIadt. unde, thi.r JlibJect;an i.J /fnal and unit tfJJrJllJlabk.
SECTION 2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the..ksJ day ofMarch,2000.
PASSED and ADOPTED this 23rd dayofFebruar.y.2000.
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