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Bid No. 128-99/00 INVITATION TO BID ROOF REPLACEMENT OF THE CITY HALL BUILDING BID NO. 128-99/00 BID OPENING: SEPTEMBER 29, 2000 AT 3:00 PM ;-" A Non-Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 2:00 p.m. on September 12, 2000, in the First Floor Conference Room located at 1700 Convention Center Drive, Miami Beach, FL 33139. Gus Lopez, CPPO, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITy CLERK 311'-1-/0 I c... 2-B MIAMI BEACH & - PROCUREMENT DlYlSION TlllphoM (301) en.7480 F_mlll (301) 1n-7IS1 CITY OF MIAMI BEACH INVITATION TO BID NO. 128-99/00 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 29th day of September, 2000 for: ROOF REPLACEMENT OF THE CITY HALL BUILDING Scope of Work: This Project consists of the complete removal of existing and installation of a new roof to the City of Miami Beach City Hall Building located at 1700 Convention Center Drive. The specified roof and related components will consist of approximately 33,000 slf, which will require a Warranty/Guarantee for a period of no less than fifteen (IS) years. The work will include removing and replacing the existing roof and insulation, removal and installation of flashing, application of high build acrylic polymer coating system, new drains, masonry restoration, damp-proofing and repainting of masonry walls. Sealed bids will be received until 3:00 p.m. on September 29. 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 September 29, 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 bas been scheduled for 2:00 p.m. on September 12, 2000, in the First Floor Conference Room located at 1700 Convention Center Drive, Miami Beach, FL 33139. A Bid Bond in the amount oftive (5%) percent of the contract amount shall accompany each bid. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one-hundred (100010) percent of the contract amount. The Bid package is available by calling DemandStar.com at (407) 975-3227 and requesting DoCument #1283. The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid. The City of Miami Beach may reject any and ail bids. You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with Section 2-486 of the City Code. Requests for additional information or clarifications must be submitted in writinll to my attention, and may be forwarded via facsimile to: 305-673-7851. ADDITIONALLY, A COPY OF ALL WRITTEN COMMUNICATION(S) REGARDING TmS BID MUST BE FILED WITH THE CITY CLERK. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing oy 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 ail 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 ~~ Gus Lopez, CPPO Procurement Director .' BID No. 118-99100 BID PROPOSAL FOR ROOF REPLACEMENT OF THE CITY HALL BUILDING PROPOSAL PAGE 1 OF 6 !-A (j I1I1-R PROPOSAL OF R.f)(} r'lll! g -5 t! tI'lf. / Ale; , , (Name) 800 s uJ Z,/,d- TGl:.12, fT, t...1HP.. ~t 7''3/2- (Address) I (FOR) Constructing the improvements designated and described in the attached Notice to Contractors, and which said Improvements are designated as the ROOF REPLACEMENT OF THE CITY HALL BUILDING and more particularly set forth herein. SUBMfITED /0 - 2..7 ~ 7..000 TO MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA: We the undersigned, hereby declare that no person or persons, fino or corporation other than the undersigned, are interested in this Proposal, as principals, and that this Proposal is made without collusion with any person, fino or corporation, and we have carefully and to 0lIr full satisfaction examined the attached Notice to Contractors, General Provisions, Specifications for Materials and Construction Methods, Supplementary Conditions, and form of Contract and Bond, together with the accompanying Plans, and that we have made a full eJ(lUT1;narion of the location of the proposed Work and the sources of supply and materials, and we hereby agree to furnish all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the prosecution and completion of the work, fully understanding that the quantities shown in the Notice to Contractors and Proposal are approximate only, and that we will fully complete all necessary work in accordance with the Plans and the attached Specifications, and the requirements under them of the Engineer within the time limit specified in this Proposal for the following unit prices to-wit: BID No. 128-99/00 BID PROPOSAL FOR ROOF REPLACEMENT OF THE CITY HALL BUILDING PROPOSAL PAGE :2 OF 6 All bid items sbaI1 include costs for furnishing to the City all material, equipment, and supplies and for all cost incurred in completing the wode, including installation of all materials, equipment, and supplies furnished, complete in place and ready for continued service, including all tie-in wode and testing, all other labor, permit fees, taxes, insurance, miscellaneous costs, overhead and profit. 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. Roof Replacement of the City Hall Building: "7 <1 ./,/Q (LUMP SUM) $ v2 ./r,,(JO ~ k-lwl ~ ~ ~~...~, ~'ktkL ~ H ~ ~n.Amount BID NO. 128-99/00 DATE: 9/1100 CITY OF MIAMI BEACH 5 F:\P\JRC\SAILICARWSIBIDS\99_I28-99A4.WPD BID No. 128-99/00 BID PROPOSAL FOR ROOF REPLACEMENT OF THE CITY HALL BUILDING PROPOSAL PAGE 3 OF 6 BID PRICES FOR THE FOLLOWING: (Not included in Lump Sum Bid) Per sq. meter Deck replacement Deck repair Roof Removal Additional insulation replacement S 2.~'.dO S ~'.()a S ..32,2B' Coping replacement Wood blocking replacement Per meter S 2b.zfl s I '311Z- Additional costs of project as a result of the presence of asbestos containing roofing materials Bid No. lZlI-99lOO Date: lO/lZIZOOO Addeadum No.4 Page (; Per sq. ft. S 2.$,1) (J s 8,()O s $,00 S 3.0D Per Hnear ft. S 8.1)0 s'l,OO s ,3. Too ltotal r BID No. 128-99/00 BID PROPOSAL FOR ROOF REPLACEMENT OF THE CITY HALL BUILDING PROPOSAL PAGE 4 OF 6 ADDENDUM ACKNOWLEDGMENT ADDENDUMDATED SIGNATURE 0 No. t 1~/'I-OO No. 'Z- ~~r IS8l16D No. 3 1~-6-06 No. If lo-tZ,-(tJ Bidder accepts all of the terms and conditions of the Bidding Documents, including without limitation those dealing with the disposition of the Proposal Guaranty. In submitting this Proposal, Bidder makes all representations required by the Instructions to Bidders and further warrants and represents that: a. Bidder has examined copies of all the Bidding Docwnents, the Notice to Contractors, the Proposal Requirements and Conditions, and the following Addenda (receipt of all which is hereby acknowledged): b. Bidder has familiarized itself with the nature and extent of the Contract Docwnents, Work Site, Locality, and all Local Conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. c. Bidder has studied 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 Conditions, and accepts 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 has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (b) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other tenns and conditions of the Contract Documents,_inc1uding specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar infonnation or data are or will be required by Bidder for such purposes. BID No. U8-991OO BID PROPOSAL FOR ROOF REPLACEMENT OF THE CITY BALL BUILDING PROPOSAL PAGE 5 OF 6 e. Bidder has reviewed and checked all infonnation and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar infonnation or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. f. Bidder bas correlated the results of all such observations, e:raminations, investigations, explorations, tests, reports and studies with !he terms and conditions of the Contract Documents. g. Bidder bas given the City written notice of all conflicts, errors or discrepancies that it bas discovered in the Contract Documents and the written resolution thereof by City is acceptable to Bidder. FIRM'S NAME (!'rial" ~ tAVIfA~ i<cd'IM: -,,,,,,,1,/ AIc.. SIGNATURE: 0/ TITLE/PRINTED NAME: JasE 13f}ez-. f3/U!5'1p6tlr . ADDRESS: f?JO SW 7.,1 773U?", pro UWD. Pi. :53.3/2- , TELEPHONE NUMBER:95'V- 3Z/-g-:;3)FAX: 9~-:JZI-8'3d8 BID NO. 123-99Il1O DATE: 9/1188 CITY OF MIAM1 BEACH . PROPOSAL PAGE 6 OF 6 The undersigned further agrees to perfurm all necessuy "Extra W orlc", as provided for in the General and Supplementary Provisions and to execute the attached Contract within ten (10) calendar days after the date on which the Notice of Award has been given. The undersigned further agrees to commence work under this Contract within seven (7) days following the date indicated on the Notice to Proceed by the City and to Substantially Complete the Worlc and to fully and Finally Complete the Work with the Contract Time period as stipulated in the Agreement. The undersigned further agrees to pay as liquidated damages for each consecutive calendar day that passes after the Contract Substantial Completion date that the Work is not substantially completed, and for each consecutive calendar day that passes after the Contract Final Completion date that the Work is not completed and ready for final payment, the amounts of liquidated damages being as stipulated in the Agreement. The undersigned further agrees to furnish sufficient and satisfactory bond in the swn of not less than (100"10) one-hundred percent of the contract price of the work. The undersigned further agrees to bear full cost of maintaining all wode: until the final acceptance, as provided in the General Provisions. Accompanying this Proposal is a Bid Bond made payable to the City of Miami Beach, Florida in the sumof S~ of ~/l> NfJ"'" /0 elceeJ:> . " z5'. tJOO, 00 . Dollars S 25". tJCel - ,/ Bid Bond is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the attached Contract under the conditions of this Proposal; otherwise, said Bid Bond is to be re to the undersigned upon the delivery of Satisfactory Bond. Signature & Title Address TG/iNk;E'. Pro (AUt>.) F't... Telephone Nwnber 9."1.. 3 '2.1- ? 335"" BID NO. 118-99/00 CITY OF MIAMI BEACH DATI:: 9/1/00 9 " THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 809183 . AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Laumar Roofing South, Inc. as Principal, hereinafter called the Principal, and XL Specialty Insurance Company a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach as Obligee, hereinafter called the Obligee, in the sum of 5 % of bid amount, not to exceed Twenty Five Thousand Dollars & 00/100 Dollars ($25,000.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Roof Replacement of The City Hall Building - Bid #128-99/00 NOW, THEREFORE, if the Obligee shall accept the bid ofibe Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of October 2000 II d P jI.~-Avf It. ,~~ (Witness) /6a~ he?lXO / (Witness) " (Seal) (Seal) #AI11883 AlA DOCUMENT A310. BID BOND' AlA t). FEBRUARY 1970 ED' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 )X4:5 PEel ALlY BOND #B09183 ~ ------ AN XL CAPITAL COMPANY LIMITI:D POWER OF AITORNEY KNOw AU. MEN BY THESE PRESENTS: That the XL SPECIALTY INSURANCE COMPANY,. corpontiao> orpni2od and ~""Wtuoofthe ~of'" Slate of Dlinais ("Company" or "Corporation"), does hereby nominate, constitute and appoint. Burtotl HII"" l1li4 ~ M.RNd lIS empw,- IIf Security Bo,,4 Associlltes of Miturti, its true and lawful Attorney(s}-in-fiu:t to make. execute, alteS~ seal and deliVor for""'" its behalf, .. SU1ety, and IS its act and deed, where required. any and all bonds. undcrta1dngs. recognizances and written obligations in the nature thereof. the penal sum of no one of which is in any event to exceed $5,000,000.00.. requirod by Surety Obligees. Such bonds and undertakings. when duly executed by the aforesaid Attomey(s}-in.Cact shan be binding upon the said Company as ful1y and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seat This Power of Attorney is granted and is signed by facsimile under and by the authority of the follOwing Resolution adopted by the Board of Directors of the C~y on the 5th day ofDec:ember, J 988: "RESOLVED, That the President, or any Vice President of the Company or any person designated by any one of them is hereby IUthorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company. bonds. undertak:inp and an contracts of surctysIrip. and that any Secretary Of any Assistant Secretary of the Company 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. FUR11lER RESOLVED, That the signature o!such officers and the Seal of the Company may he 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- thereafter valid and binding upon the Company with respett to any bend, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be e~ecuted under facsimile signature and seal pursuant to the foUowin. Resolution adopted by the Board of Direc.... of the Company on AU8ust7, 1997. "RESOLVED, That the sigMtureofSlan1ey A. Galanski... President of this Corporation, and the seal of thill Corp<ntion ...yheallixed "'printed on any and all bonds, undertakings. recognizances. or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto. by facsimile, and any Power of Attorney, any revocation of any Power of Attorney. bonds, undertakings, recognizances. certificate or other written obligation. bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of January, 2000. XL SPECIAL TV INSURANCE COMPANY J9?4-~ BY: PRESIDENT Attest: ~ SECRETARY S1 A TE OF 1UJN00S COUNTY OF COOK ss. On this 3rd day of January, 2000. before me personally came Stanley A. Galanski to me known, who, being duly sworn, did depose and say: that he is President of the Corpontion described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforeRid instn.nnent is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by tike order and authority: OfFICIAL SEAL. JOETTE R. CASTRO NOTNI'V PlIlUC, STAre (y l.l.IOS EllPAES;12113m J.~ (?~o V ~ _AIlY..muc. S1 ATE OF ILLINOIS COUNTY OF COOK ss. c c. ... cc .. C..c .c' .c.. . Cc. ..'... ", .. ,c. J, Ben M Uaneta, Secretary of the XL SPECIALTY lNSlJRANl:;E COMP'AN\'_ eclIpOraIicln <>t.. .;r~...., cIo~ .j,""'" ....ft.Ilii\~ ~i' . ~r.. full, true and oonect copy of Power of Attorney issued by said Company, and that I haVe _ed suiio.!!Ieori~ ~ ~itl.. ~,..._ijll dlIiIomii. and of the whole of the original and that the said Power of Attorney is stin in full fon;c and effectBnd- _ notbeatrev~L - IN WITN~EREOF, I have ~t~'f'! ~ allixed the seal of said Company, at the City o[Schaumburg. thiS day of' . SECRETARY ~ CONTRAcroR'S QUESTIONNAIRE NOTE: Information suppHed In respclDSe to this questionulre Is subject to verification. Inaccurate or Incomplete answen may be grollDds for cIIsquaHflcation from award of this bid. Submitted to Tbe Mayor and City Commission of the City of Miami Beach, Florida: By t.../tUIo/I'lt<. IUJoF7N(J S'otlTH-. /A/C. Principal Office 8m SWZI rGP./iy PI. IAtiD6evItLtj f=L How many years has your organi7ation been in business as a General Contractor under your present business name? 0 Does your organiz~9.n have current occupational licenses entitling it to do the work contemplated in this Contract? 'Iii> State of Florida occupational license - state type and number: f<tJ{)ft;Ja CCc ~'I2-.8' /'1 Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor (B) As a Sub-Contractor 1? <!::> What contracts has your organization completed? I' Contract Amt Class of Work When Completed Name/Address of Owner ~1""b=lJr>/ltlc 1=71- ., aoo Aoo'PIIJC .:r1i1J6 zcoo LliJIli/Ii. CITY Or rr: LAI/t>.) Jt)(J J7'"'Vf<C'- I , ;DtJ, tJ"O(~F'lNGI l<:;Gf"T7-br)D, {}1:)Io'1) 5il0 oFFIcE, I!>/(,J/D //>S,AI1IO~8V9/111€/ rn Have you ever had a contract tenninated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? PO If so, where and why? ;41/11- Has any officer or partner of your organization ever failed to complete a conslJuction contract handled in his own name? Alo If so, state name of individual, name of owner, and reason thereof 111M BID NO. 128-99/00 DATE: 9/1/00 CITY OF MIAMI BEACH 10 In what other lines of business are you financially interested or engaged? , / , . . .", I Give references as to experienc~ ability, and financial stand;1'\g W{; I-IAvG 'lf~ /JIlIfGAotIs S/h/UJl... ~ FOI<- !1U/J!cl/'klr/ 3' 71fh:J!l6/iotlr .s'tNtTlf FUJ.R.IP/T What equipment do you own that is available for the proposed work and where located? /(erTL€S If 0 '-Ie. f'lI,l-fPS +--SI'/V'J.Y ~iJ . IS'nAJ6 tf~I/I~. f- rc. - t.d!/f-JE:l:;) ..0 WCI {... /J l? What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? ,:/ P.SI {/ /1/1 ON MAIl:: , Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. &wB> LI(fltrAJ/~ ill f3lJX "006/ VlIf/~ FL 3~Y'tg 1'~(sIP~' (SEAL) (SEAL) BID NO. 128-99/00 DATE: 9/1/00 CITY OF MIAMI BEACH 11 ROOF REPLACEMENT OF THE CITY HALL BUILDING CUSTOMER REFERENCE LISTING Contractor's sha1l furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government OIgl'I1i7.lOrions for which the ContIactor is cum:ntly ftunisbing or has furnished, similar services. I) Company Name Address Contact Person Telephone Number 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number 4) Company Name Address Contact Person Telephone Number BID NO. 128-99/00 DATE: 9/1100 clT'/ tJF IlllI-tEAH ,5501 (5;, ~tL AII~ I H//U..E/J1t . ..:foSb f~AEZ, AlII 365'- b&1-2620 cITY OF S7VMr ,z/ S LJ rLf>(;l.E1: "Vb I 3Tl1/tt.:r F /?It}J{::.. TIIoII II S . :zn:.. , .5'61- -z.& -0cg c,.r( a F FT. fA 1/J61?1>1Jl.E' I~o jJ, /J1/JJ>fU5;U)!J AVe, A lA.J 6' 11 U/"Z:~.I 9~t/ -70/-5071 crrf G;: ~y uJtJ()b -z.8CO fltJiL'IVJO::J D .Uil..t> LGs PGTlT c,{'f/ - CJ 7-/- 3Z.S-'1 CITY OF MIAMI BEACH 12 ulima, /10"'-111 So./llIc. BIHI sw gl.t rlll".~. 1'- l.au.,dlll.,,,, 333'. Friday, October 27, 2000 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33138 1819 re: Roof Replacement of the City Hall Building, Bid # 128-99/00 Dear Sirs: This bid proposal is submitted by Laumar Roofing South. Inc. Corporate Name: Laumar Roofing South. Inc. South is incorporated in and existing under the laws of the State of Florida Signed, Jose Baez, President UctIJSICI-londcd -lnMaI Phone: (954) 1I1-8m Fax: (954) 111-8318 E-mail: I_arf!@ btluutl.... F~b-22-01 12:1BP Laumar Roo~1ng South. Inc. P.02 la.ma, Rollf(lIf Solllllllnc. 81H1. SW .~S, r.".~e 1'- L1IIIdM'dJlI~,'" 3331. Thursday. February 22. 2001 Mr. John Ellis City of Miami Beach 1700 Convention CenteT Drive Miami Reach. fL 33138 1819 Re: Reroofing Bid Dear Mr. Ellis: In our signed bid proposal for Bid No. 1211-99/00 (attached). we agreed to substantially co~lctc lhe won "Irilhin 30 calendar days for the price of$329,149.00. The specif1C8tions call for liquidated damages 10 be a~lIsed for failure to complete the work as specified within the alloned time. By signing the bid documents, we agreed to this provision as well. I trust thai this will serve to end any controversy, since the signed bid ducuments constitute uur notarized and executed offer. Pleao;e feel free to contact me should there be any other question,. Please note that since uur founding in 1993, I.sunw has never failed to complete any contrael within the allotted time. nor have WI: ever paid allY liquidated damages on any of Ihe ,;cores of contracts Ihat allowed for such damages. Thank you for your consideration. Sincerely, IJ~~ Vincent A. T .amoUrcUll Projecl Manager UcllJSl(( -10""'- .....n fhona: (954) 311-8115 Far. (954) 111..308 !-mail: laumll.fg@Mllsoulll..1t Dsc-21-00 02:01P Laumar Roofing South, Inc. P.02 ~ ulIma, 1I0llf(ng SO., Inc. BIHJ sw .'s1 T."a~. '1. l.aude'tla/e, I" 3331. Thursday. December 21. 2000 Mr. John Ellis City ofMiatni Beach 1700 Convention Center Drive Miami Beach. FL 331381819 Re: City Hall reroofmg Bid Clarification Dear Mr. Ellis: Laumar Rooting South hereby acknowledges and affil1Tls that our bid removal and Tremcare Maintenance and Servic.:e Warranty on the roof led in the bid documents. Also. as we have discussed during previous conversations, it will wn be po!lS1ble to accomplish this project in thirty days. We will require sixty days for a project of this magnitude. Thank you and happy holidays. Sincerely, d.... c.JtJ. ~r "W"OI~ Vincent A. Lamoureux Pto~'t Manager uc.... ......... .. .....ed Phone (954) 111-8115 'ax: (954) 111-8308 I-mall: IMllllarfg@ btllsou".nlt AGREEMENT ~o THIS AGREEMENT made this J day of1!J.IL J:"..QL 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 LADMM ~P".Jf... ..50111'1-/.1/')(.. , hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "ROOF REPLACEMENT OF THE CITY HALL BUILDING" by said City, do hereby mutually agree as follows: 1. 1ms 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 SubstaDtially 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) ealendar days after the date when the Contract Time commences to run. BID NO. 118-99/00 DATE: 3/15101 CITY OF MlAMI BEACH 13 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No. I, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner 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 ofTwo Hundred Dollan (5200.00) for each calendar day tbat expires after the Contract Time specified in paragrapb 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 DoUan ($200.00) for eacb 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 determined 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 the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other 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. 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. BID NO. 128-99/00 DATE: 3/151ll1 CITY OF MIAMl BEACH 14 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for perfonnance 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: $ 3..29. ftl9 ~ r 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. )'t?V..ln411'1?w4 ~ /\~EAL) Contr r CITY OF MIAMI BEACH .,Jf/;k Mayor C2.v.\.1~ Title ATIEST: -~p~ City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ':/::(1;.0 t BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 15 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: i. 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 contractual liability. iii. Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. iv. Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List. 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 shaIJ 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. 128-99/00 DATE: 3/15/01 CITY OF M1AM1 BEACH 13 viii. Original signed Certificates of Insurance, evidencing such ccverages and endorsements as required herein, sball 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 oflitigation, 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. 128-99/00, "ROOF REPLACEMENT OF THE CITY HALL 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 Hannless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. 11. 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 Hannless Agreement frem any and all claims arising out of this contractual operation. d. All policies issued to cover the insurance requirements herein sha11 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. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 14 e. The contractor will secure and maintain policies of S'.Jbcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to canying 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 al10ther 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. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 15 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 $ I ,000,000.00 per occurrence for bodily injury property damage to include Premises! Operations; Products and Completed Operations; Independent Contractors; Broad Form Property Damage Endorsement and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability . $ I 00,000.00/$300,000.00 . $50,000.00 each occurrence - ownedJnon-ownedJhired 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 slated 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. Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. xxx 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may by required within live (5) days after bid opening. Bidder Signature of Bidder BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 26 DMSIOtll 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 mC".aning 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 liable, and which engages to be responsible for his acceptable performance of the work for which contract has been made and for his payment of all debts pertaining thereto. 1.12 "Proposal" - The approved prepared form on which the Bidder is to or has submitted his, their, or its Proposal for the work contemplated. 1.13 "Proposal Guaranty" - The security designated in the Proposal, to be furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if the Contract is awarded to him. 1.14 "Plans" - The official approved plans, profile, 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. U8-991OO DArE: 3/15101 CITY OF MIAMI BEACH 27 1.15 "Procurement Director" - The purchasing officer for the City of Miami Beach. 1.16 "Specifications" - The directions, provisions and requirements contained herein, together with all written agreements made or to be made, setting out or relating to the method and manner of performing the work, or to the quantities and qualities of materials and labor to be furnished under the Contract. 1.17 "Spedal 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 documents, so the owner can occupy or utilize the work or desiW'..tPJ:) 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 of a Temporary Certificate of Completion or Temporary Certificate of Occupancy by the Building Official. BID NO. 118-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 28 Section 2 PROPOSAL REQUIREMENTS AND CONDmONS 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 asswne any responsibility that the final quantities shall remain in strict accordance with estimated quantities, nor shall the Contractor plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work or other conditions pertaining thereto. 2.2 Examination of Plans, Specifications, Special Provisions, and Site of Work - The Bidder is required to examine carefully the site of, and the Proposal, Plans, Specifications, and Contract for the work contemplated, and it will be asswned 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 bas 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 of Irregular Proposals - Proposals will be considered irregular and may be rejected if they show serious omissions, alterations of form, additions not called for, conditions, unauthorized alternate bids, or irregularities of any kind. 2.5 Guaranty to Accompany Proposals - No Proposal will be considered unless accompanied by a "Proposal Guaranty" of the character and amount indicated in the Notice to Contractors and the Proposal Form, made payable to the City of Miami Beach, Florida. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 19 2.6 Delivery of Proposals - Each Proposal must be submitted in a sealed envelope which sllall be marked so as to indicate its content and name of Bidder clearly. If forwarded by mail the above mentioned envelope shall be enclosed in another envelope addressed to the City Purchasing Agent, Miami Beach, Florida, preferably by registered mail; if forwarded otherwise than by mail, it shall be delivered at the Office of the City Purchasing Agent Proposals will be received until the date and hour stated in the ''Notice to Contractors." 2.7 Withdrawal of Proposals - No Proposal can be withdrawn after it is filed unless the Bidder makes his request in writing to the Board prior to the time set for the opening of bids, or unless the Board fails to accept it within ninety (90) days after the date fixed for opening bids. Withdrawal of proposals after bid opening will only be accepted with the collection of Bid Surety by the City. 2.8 Opening of Proposals - Proposals will be opened and read publicly at the time and place indicated in the ''Notice to Contractors." Bidders or their authorized agents are invited to be present. 2.9 Disqualification of Bidden - Only one Proposal from an individual, firm, 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 Bidden - 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. 128-99100 DATE: 3/15101 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 Contract Unit Price for the actual quantities of the work done. Should an alteration be a change in the character of the work, an equitable sum to be agreed upon, in writing by the Contractor and the Engineer before such work is begun, shall be added to or deducted from the Contract Price, as the case may be. No allowance will be made for anticipated profits. 4.4 Extra Work - The Contractor shall perform unforeseen work, for which there is no quantity and price included in the Contract, whenever it is deemed necessary or desirable to complete fully the Work as contemplated, and such extra work shall be performed in accordance with the Specifications and/or as directed; provided, however, that before any "Extra Work" is started a "Supplemental Agreement shall be signed by both contracting parties, or a written order from the Engineer to do the Work on a "Force Account" Basis given the Contractor. aID NO. 118-99/00 bATE: 3/15101 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 h.."t!ing shall be considered as incidental to and included in the unit price bid for the particular Work in which it is involved and no additional payment will be made therefore unless otherwise specifically provided in the Special Provisions. 4.6 Rights in and Use of Materials Found on the Work - The Contractor, with the approval of the Engineer, may use in the proposed construction such sand or other material suitable in the opinion of the Engineer, as may be found in the excavation and will be paid for the excavation of such material at the corresponding contract unit price therefore, but he shall replace at his own expense with other suitable material all of that portion of the material so removed and used as was contemplated for use in embankments, back-fills, approaches, or otherwise. No charge for materials so used will be made against the Contractor except the replacement herein provided for. The Contractor shall not excavate or remove any material which is not within the excavation, as indicated, without written authorization from the Engineer. Materials in old structures removed by the Contractor to allow the construction of new structures, and not needed by the City" may be used by the Contractor during construction. Such materials are the property of the City and shall not be cut or otherwise damaged during use or removal, and shall afterwards be disposed of by the Contractor as directed by the Engineer. BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 33 Section 5 CONTROL OF THE WORK 5.1 Engineer as Referee - To prevent all disputes and litigations, it is agreed by the parties hereto that the said Engineer shall decide all qUCl>1iODS, difficulties, and disputes, of whatever nature, which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. 5.2 Plans - The approved Plans will be supplemented by such working drawings as are necessary to adequately control the Work. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working Drawings for any structure shall consist of such detailed plans as may be required for the prosecution of the work and are not included in the Plans furnished by the Engineer. They shall include shop details, erection plans, masonry layout diagrams and bending diagrams for reinforcing steel, approval of which by the Engineer must be obtained before any work involving these plans shall be 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 sba1l 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 sball 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 supplementary documents are essential parts of the Conlract 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. 118-99/00 DATE: 3/15101 CITY OF MlAMI BEACH 34 5.5 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; be 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 authori:led 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, :md 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 tile Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the question at issue can be referred to and decided by the Engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding the Engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under 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 $1 50.00 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 sha1l restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptab!C', the uncovering or removing, and the replacing of the covering or malcing good of the parts removed, sha1l be paid for as "Extra Work," but should the work so exposed or examined prove UIIlICCeptable, the uncovering or removing and the replacing of the covering or making good of the parts removed, sha1l 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 sha1l not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 35 5.8 Failure to Remove and Renew Defective Materials ud 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 expetISC incurred by the City in making these removals, renewals or repairs, which the Contractor bas failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the Board, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, finn, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any 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. 128-99/00 DATE: 3/15.'01 CITY OF MIAMI BEACH 36 Section 6 CONTROL OF MATERIALS 6.1 Source of Supply and Quality of Materials - At the option of the Engineer the source of supply for each of the materials shall be approved by the Engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in 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 !he product from any sources proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval has in any way become unfit for use shall be used in the Work. 6.2 Samples and Tests - For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and 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 Defective Materials - All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately 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. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 37 Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC 7.1 Laws to be Observed - The Contractor must familiarize himselfand comply with all Federal, State, County, and City laws, ordinances, or regulations, and govern himself accordance with them. He shall indemni1Y 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 ofreal property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.1.3 VENDOR APPLICATION Prospective bidders should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate their receipt of future notices of solicitations when they are issued. Potential bidders may contact DemandStar.com at (800) 711-1712 or register on-line at www.demandstar.com. It is the responsibility of the bidder to inform DemandStar.com concerning any changes, such as new address, telephone number, or commodities. 7.1. Permits, Licenses, Occupational Licenses - The Contractor shall procure all permits and licenses as required, however, there will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and lawful prosecution of the Work. 7.3 Patented Devices, Materials, and Processes -It is mutua11y understood and agreed that without exception contract prices are to include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the Work. It is the intent that whenever the Contractor is required or desires to use any design, device, material, or process covered by letters, patent or copyright, the right for such use shall be provided for by suitable legal agreement with the patentee or owner, and a copy of this agreement shall be filed with the Engineer; however, whether BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 38 or not such agreement is made or filed as noted, the Contractor and the Surety in all cases sha11 . indemnify and save harmless the City from any and all claims for infiingement 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 sha11 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 necM.SI'ry to comply with the requirements and regulations of State and County Boards ofHea1th. He shall commit no public nuisance. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 39 7.7 Public: Convenience and Safety - The Contractor sha11 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 sha1l 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 - Strcets sha11 not be closed except when and where directed by the Engineer, and whenever the street is not closed the Wcrk 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, Gutten, 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 sha11 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 number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage BID NO. 118-99/00 DATE: 3/15/01 CITY OF MIAM1 BEACH 40 places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of Competent watchmen. 7.12 Preservation of Property - The Contractor shal1 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 of failure on the part of the Contractor to restore any such property, or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 7.13 Responsibility for Dlimage, Etc. - The Contractor shall indemnify and save harmless the City, the Board, and all of its officers, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect ill 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 fina1 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 BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 41 wi!atsoever arising from the execution or ftom 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 accepWIl::e except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 7.IS 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. N....--y 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 fina1 estimates, or should conclusive proofs of defective work or materials used by or on the part of the Contractor be discovered after the fina1 payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 7.17 Liabilities and Duties of Contractor Not Limited - The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. BID NO. 118-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 42 SectioD 8 PROSECUTION AND PROGRESS 8.1 Subletting or Assigaing CODtracts . 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, firm, or corporation without the written consent of the Board. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract sha11 in any case release the Contractor ofhis liability under this Contract and Bond. 8.2 Progress of Work - It is understood 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 uncompleted 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 strcet intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his 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 sball 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. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 43 All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, sha11 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 sha11 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. Ifit should become necessary to stop work for an indefInite period, the Contractor shall store all materials in such manner that they wi1! 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 ",ill be made for such suspension of work except an equivalent extension oftime 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 sha11 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 sha11 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. 1Z8-99/OO DATE: 3/15/01 CITY OF MIAMI BEACH 44 of,obstructions; but if the <.:ontractor shall be delayed in the performance 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 obslructions, 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 Pangraph 3.1. 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 sba11 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. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 45 ~ 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, fina1 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. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 46 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 actua1 surface of the pavement. No allowance shall be made for surf~ laid over a greater area than authorized or for material moved from outside of slope-stakes and 1ines shown on the Plans, except where such work is done upon written instructions of the Engineer. 9.1. Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its fina1 acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 9.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring Supplemental Agreements as hereinbefore provided for are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement. 9.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent of the sum thereof which shall be considered as full compensation for general supervision and the furni.hing and repairing of sma1l tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actua1 wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 47 C For any special equipment or machinery, such as power oriven rollers, lIlII:ton, trucks, . shovels, drills, concrete mixers, pumps, and hoists, also industria1 railway equipment, crusbers, 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 percentag~ sha11 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 ofhis 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.S Omitted Items - The City shall have the right to cancel the portions cfthe Contract relating to the construction of any items th~rein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 9.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the fina1 acceptance, or should a reasonable doubt arise previous to the fina1 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 sha11 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. 128-99/00 DATE: 3/15/01 CITY OF ~UAMI BEACH 48 . 9.7 Acceptance and Final Payment - Whenever the improvement provided for under this , Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after fina1 inspection as provided herein, sha11 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 LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record, approved by the Cirj. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 49 SectiOIl 10 SPECIAL PROVISIONS 10.1 WORKMEN'S COMPENSATION: Before!ltarting work the Contractor shall furnish satisfactory evidence that he has complied with the Workmen's Compensation Act ofthc Stale of Florida, and any amendments thereto, and all laws pertaining to the protection of his employees. 10.2 BONDS: Bid and Contract Bonds will be required. A cashier's check, treasurer's check, bank draft of any National or State bank, or Bid Bond payable to the order of the City of Miami Beach executed by the bidder in the amount of not less than five (5%) percent of the total bid shall accompany each proposal. The Performance and Payment Bonds sha11 each be in the amount of one hundred (100010) percent of the contract price, submitted by the successful bidder and placed through a Miami Beach agency where practicable. 10.3 PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and 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 harmless therefrom. 10.5 F AMILIARIZA TlON: 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 Sundays. No work shall take place between the hours of6:oo p.m. and 8:30 am., however contractor may take nC(''"'!,ary precautions to protect work already accomplished. Any work that the contractor finds nC('~sary to provide during the above days and times, must obtain written permission from the Public Works Director or designated representative. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 50 ROOF REPLACEMENT OF THE CITY HALL BUILDING TABLE OF CONTENTS DMSION 1 - GENERAL REQUIREMENTS 1.01 SCOPE OF WORK 1.02 PROJECT MEETINGS 1.03 REFERENCES 1.04 SUBMIlT ALS 1.05 DELIVERY, STORAGE AND HANDLING 1.06 SITE CONDITIONS 1.07 SUBSTITUTIONS 1.08 PAYMENT SECURITY 1.09 UNIT PRICES 1.10 WARRANTY/GUARANTEE DMSION 2 - PRODUCTS 2.01 GENERAL 2.02 ACCEPTABLE MANUFACTURER 2.03 ROOF DECKING 2.04 WOOD BLOCKING & CURBS 2.05 CELLULAR INSULATING CONCRETE 2.06 INSULATION 2.07 MECHANICAL FASTENERS 2.08 ROOFING MATERIAL 2.09 METAL FLASHINGS 2.10 MASONRY 2.11 SYSTEM PERFORMANCE REQUIREMENTS BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAM1 BEACH 51 DMSION 3 - EXECUTION 3.01 EXAMINATIONS 3.02 GENERAL WORKMANSHIP 3.03 PREPARATION 3.04 CARPENTRY 3.05 MASONRY 3.06 ROOF DECK REPAIRS 3.07 CELLULAR INSULATING CONCRETE 3.08 BASE SHEETN APOR RETARDER 3.09 THERMAL INSULATION 3.10 CRICKETS 3.11 ROOF SYSTEM APPLICATION 3.12 DAILY W A TERSTOpmE-INS 3.13 PERMANENTWATERSTOpmE-INS 3.14 MEMBRANE REPAIRS 3.15 FLASHINGS 3.16 SURFACING TREATMENT ON FLASHINGS 3.17 SURFACING APPLICATION 3.18 WALKWAYS 3.19 LIGHTNING PROTECTION SYSTEM 3.20 PAINTING 3.21 ADJUSTING AND CLEANING BID NO. 128-99/00 DATE: 3/15/01 CITY OF M1AMI BEACH 52 PART I SCOPE OF WORK 1.01 GENERAL A. Furnish all labor and materials necessary to install specified roofing and related components to City of Miami Beach totaling approximately 33000 sq. ft. and to supply a warranty for the work of not less than 15 years. B. Work Includes: a. Masonry restoration. b. Repainting of masonry walls. c. Damp-proofing. d. Removal and replacement of existing designated roofmg and insulation. e. Removal of existing tlashings. f. Installation of the following: . . . . I layer roof insulation. I layer tapered roof insulation. I layer roof insulation. Cold process built-up roofing system. Application of high build acrylic polymer coating system. New drains. Specified flashings and accessories. . . . C. Roofing material manufacturer shall furnish service agreement and warranty as specified in the wananty 3ection. 1.02 PROJECT MEETINGS: 2. Progress Meetings: a. Will be scheduled by the City as required. b. Attendance: · Roofing material manufacturer/specifier/ contractor. · Job superintendent. · Subcontractors, as appropriate. · City Representative. c. Minimum agenda: · Review of work progress. · Field observations, problems, and decisions. · Identification of problems which impede planned progress. · Maintenance of progress schedule. BID NO. 128-99/00 DATE: 3/15101 CITY OF MlAMl BEACH 53 · Corrective measures to regain projected schedules. · Planned progress during succeeding work period. · Coordination of projected progress. · Maintenance of quality and work standards. · Effect of proposed changes on progress schedule and coordination. · Other business relating to work. 3. Final Inspection: a. Will be scheduled by roofing material manufacturer upon job completion. b. Attendance: . . . . Contractor. Roofing material manufacturer/specifier. Roofing material manufacturer/ technical service representative. Property Management Director. c. Minimum Agenda: · Walkover inspection. · Identification of problems which may impede issuance of warranty. 4. Random sampling - Roofing Material: a. During course of work, Owner's Representative may secure samples according to ASTM D 140-93 of materials being used from containers at job site and submit them to an independent laboratory for comparison to specified material. b. Should test results prove that a material is not functionally equal to specified material : · Contractor shall pay for all testing. · Roofing installed and found not to comply with the specifications shall be removed and replaced at no change in the contract price. 5. Regulatory Requirements: a. b. c. d. South Florida Building Code. Miami Dade Approved Roof System. UL Fire Resistance of Roof and Deck Construction - UL 1256. FM 4470. Class I, 1-120 Windstorm. FM Approved Roof Perimeter System. e. f. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 54 Los SUBMITIALS 1. Submit prior to job-start: · Roofing System Manufacturer's Warranty: · Copy of warranty to be issued upon ~fl11 completion of roofing project and fina1 inspection. 2. UL Listing of Fire Resistance Rating: · Copy ofUL Listing for the specified roof system from the current UL Roofing Materials and Systetns Directory or from letters issued by UL to the manufacturer. 3 Product compatibility: · Written verification from roofmg materia1 manufacturer that major roofing components, including (but not limited to) coatings, cold process adhesives; roofing ply sheets; reinforcement fabric felts and mats; mastics; and sealants are all compatible with each other. 4. Test reports: . Written verification from roofing material manufacturer that roofing system meets or exceeds regulatory agency/s requirements. 5. Red label products: · Written verification from roofing material manufacturer that cold process coatings are not flammable (red label). 6. Product data: · Product data sheets. · Material safety dais sheets. · Samples of coatings, adhesives, and roofing ply sheets. · Shop drawings or samples of metal flashings, showing exact profile, lengths, joints, terminations, and methods of attachment. · Shop drawing of tapered insulation or cellular concrete installation showing planned slope, maximum height, and average "R" value. 1.06 DELIVERY, STORAGE AND HANDLING I. Delivery of materials: a. Deliver materials to job-site in new, dry, unopened, and well-marked containers showing product and manufacturer's name. b. Deliver materials in sufficient quantity to allow continuity of work. c. Coordinate delivery with Owner. BID NO. 118-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 56 2. Do not order project materials or start work before receiving Owner's written approval. 3. Storage of materials: a. Store roll goods on ends only. Discard rolls which have been flattened, creased, or otherwise damaged. Place materials on pallets. Store roll goods on level pallets. Do not stack pallets. b. Store materials marked "KEEP FROM FREEZING" in areas where temperatures will remain above 400F (SoC). c. For insulation, remove plastic packaging shrouds. For felt rolls, slit the top of the plastic shrink wrap only. Cover top and sides of all stored materials with tarpaulin (not polyethylene). Secure tarpaulin. d. Rooftop storage: Disperse material to avoid concentrated loading. e. Do not store materials in open or in contact with ground or roof surface. f. Store all materials on a raised platform covered with secured canvas tarpaulin (not polyethylene), top to bottom. Cover all materials when project is not in progress and maintain the ability at all times to cover the materials when required, such as during an unanticipated rain shower. g. Contractor shall assume full responsibility for the protection and safekeeping of products stored on premises. h. Material handling: . Handle materials to avoid bending, tearing, or other damage during transportation and installation. . Material handling equipment shall be selected and operated so as not to damage existing construction or applied roofing. Do not operate or situate material handling equipment in locations that will hinder smooth flow of vehicular or pedestrian traffic. 1.07 SITE CONDITIONS I. Field measurements and material quantities: a. Contractor shall have SOLE responsibility for accuracy of all measurements, estimates of material quantities and sizes, and site conditions that will affect work. BID NO. 128-99100 DATE: 3/15/01 CITY OF MIAMI BEACH 57 2. Existing conditions: a. Building space directly under roof area covered by this specification will be utilized by on-going operations. Do not interrupt Owner operations unless prior written approval is received from Owner. b. Access to roof shall be from exterior only. c. Move air-conditioning units and other equipment as required to install roofing materials complete and in accordance with plans and specifications. When units and equipment are to be moved, they shall be carefully disconnected and removed to a protected area so as not to damage any part or component thereof. Reconnect units in such a way that they are restored to a prior work operating condition. Take appropriate measures to prevent dust, vapors, gases or odors from entering the building during roof removal, replacement or repair. d. All disconnection and re-connection shall be performed by a mechanical and/or electrical company licensed to perform such work. 3. Asbestos: a.Owner and Contractor agree to exonerate, indemni1Y, defend, and hold harmless roofing material manufacturer from and against all claims, demands, lawsuits, damages, expenses and losses incurred by Contractor's removal of asbestos-containing materials from Owner's building and work site. Contractor must conduct its operations according to applicable requirements including but not limited to those established by: * Occupation Safety and Health Administration (OSHA). Environmental Protection Agency (EPA). Department of Transportation (DOT). State or Local Air Pollution Control Authorities! Agencies. State or Local Solid Waste or Hazardous Waste Authorities/Agencies. State or Local Health Department(s). State or Local Building Code Authorities. Other federal, state or local agencies or authorities. * * * * * * * b. Contractor or Owner shall perform appropriate inspections, surveys and file timely notifications to proper authorities prior to starting roof renovation or demolition activities. Inspectors, project planners, project manllgers, contractors and workers involved in the roof project shall have appropriate training, licenses and registrations. Contractor and Owner shall be responsible for determining and implementing regulatory compliance activities, including but not limited to work practices, engineering controls, personal protection, air monitoring, testing, hazard communication, material handling, record retention, and arranging for waste disposa1lhandling. c. Contractor must file a Uniform Hazardous Waste Manifest from proper landfill site for each load of asbestos containing material removed. Copies must be sent to Owner and material manufacturerl specifier. Transportation of waste sha11 be in accordance with applicable Department of Transportation (DOT) requirements. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 5& .4: Waste Disposal: a. Do not re-use, re-cycle or dispose of material manufacturers product containers except in accordance with all applicable regulations. The user of manufactured products is responsible for proper use and disposal of product containers. 5. Safety requirements: a. All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. b. Comply with federal, state, local and Owner fire and safety requirements. c. Advise Owner whenever work is expected to be hazardous to Owner, employees, and/or operators. d. Maintain a crewman as a floor area guard whenever roof decking is being repaired or replaced. e. Maintain fire extinguisher within easy access whenever power tools, roofing kettles, fuels, solvents, torches, and open flames are being used. 6. Environmental requirements: a. Do not work in rain, snow, or in presence of water. b. Do not work in temperatures below 400F (SoC). c. Do not install materials marked "KEEP FROM FREEZING" when daily temperatures are scheduled to fall below 400F (SoC). d. Do not perform masonry work below 400F (SoC). e. Remove any work exposed to freezing. f. Advise Owner when volatile materials are to be used near air ventilation intakes so Owner can use some or all of the following met.'Iods to minimize disruptions to building occupants and operations: g. Divert air intake from work area by attaching scoops or temporary duct work. h. Temporarily shut down or block air intakes. 1. Provide make-up air or intake air from sources away from work area. 7. Security requirements: a. Comply with Owner security requirements. b. Provide Owner with current list of accredited persons. c. Require identification be displayed by all persons employed on this project. d. No access permitted in building by persons employed on this project. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 59 . 8. Temporary sanitary facilities: a. Furnish, install, and maintain temporary sanitary facilities for employee use during project. Remove on project completion. b. Place portable toilets in conformance with applicable laws, codes, and regulations. 1.08 SUBSTI11JTIONS I. If bidding a substitute system, bid specified system then submit separate bid for alternate system. Substitute system must be identified during or before job walk to give all bidders equal opportunity. Bidders proposing substitutes shall submit following prior to bid date to Owner: a. Written application with explanation of why it should be considered. b. Accredited testing laboratory certificate comparing substitute's physical/performance attributes to those specified. c. Smallest standard package of any adhesive, coating, mastic, sealant, or ply sheet. 1.09 PAYMENT SECURITY NOT USED 1.10 UNIT PRICES SEE PAGE 6. (pROPOSAL PAGE 3 OF 6) 1.11 WARRANTY/GUARANTEE I. Guarantee: · Upon project completion and Owner acceptance, effective upon complete payment, Contractor shall issue Owner a guarantee against defective worJcman~hip and materials for a period of two (2) years. 2. TremCare Maintenance and Warranty Service Agreement, which includes a TWO (2)- YEAR CONTRACTOR'S AND FIFTEEN (15)-YEAR MANUFACTURER COVERAGE: . New Roof Component Coverage: A single manufacturer shall provide specified warranty. The manufacturer's warranty must include labor and material coverage against leakage on all components including those manufactured by othen. Included in the warranty coverage are the following: BID NO. 128-99/00 DATE: 3/15101 CITY OF M1AMI BEACH 60 3. 4. . . . . . . . Insulation materials, fasteners, and adhesives. All new and temporary roof membrane components and adhesives. All metal edge components including cleat strips. All tapered edge and cant strips. All surface mastics, coatings, stripping, plies, etc. All drain and scupper flashings. Any roof leaks or other problems caused by substrate movement of any component other than the deck shall not be excluded. . . . Any movement associated with metal edge joints or flanges causing leaks. Damages caused by wind speed up to 74 miles per hour. Permanent tie-ins and/or control joints separating new and old roofing. The contractor shall certify compliance with the above warranty requirements by submitting a copy of the guarantee as a submittal item upon request of the Owner. The manufacturer will advise the customer in writing how to maintain the warranty in the form of an Owner's manual. The customer sha11 have the option to renew this warranty at the end of fifteen (15) years per the renewal agreement Service responsibilities of the manufacturer to Owner: a. Bi-Annual Housekeeping to include the following: · Removal of debris from the roof membrane. · Removal of debris from the roof drains, gutters, and scuppers. · Disposal of debris in customer supplied waste containers. b. Storm Reports, Monitoring and Follow-Up: · Roof inspection at customer request of roof areas after major storm activity. · Roof Inspection Report: · Will provide a roof report based upon regular inspections. c. Bi-Annual Preventive Maintenance to include the following: · Metal Edge Flashing Components: · Tears, splits, and breaks in membrane flashings will be repaired with appropriate repair mastics and membranes. · Open, split flashing strip-ins will be repaired with appropriate repair mastics and membranes. · Loose metal edge cleats and clips will be resecured. · Exposed fasteners will be sealed. 5. Parapet Wall and Counterflashing Systems: a. Tears, splits, kick holes, and breaks in flashing membrane will be repaired with appropriate repair mastics and membranes. BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 61 b. Breaks, tears, and splits in flashing strip-ins with appropriate repair mastics and membranes. c. Exposed fasteners will be sealed. d. Voids in termination bars, counter-flashings and parapet cap will be cleaned and sealed. 6. Equipment I Projection Flashing Components: a. Tears, splits, and breaks in flashing membrane will be repaired with appropriate repair mastics and membranes. b. Open, split flashing strip-ins will be repaired with appropriate repair mastics and membranes. c. Unsecured rooftop equipment will be secured. d. Exposed fasteners will be tightened. e. Termination bar and counterflashings will be sealed. 7. Roof Membrane Maintenance and Repairs: a. Tears, splits, and breaks in membrane flashings will be repaired with appropriate repair mastics and membranes. b. Open, split flashing strip-ins will be repaired with appropriate repair mastics and membranes. c. Splits and blisters which threaten the integrity of the roof system will be cleaned, primed, and repaired with appropriate repair mastics and membranes. d. Pitch pans will be refilled and topped off. e. Metal projections (hoods and clamps) will be sealed. 8. Miscellaneous Maintenance Repairs: a. Dress up wind scoured comers with appropriate repair mastics and coatings. b. Dress up reflective coatings on flashings. c. Re-caulking as needed. BID NO. 128-99100 DATE: 3/15101 CITY OF MIAMI BEACH 61 . 9. Leak response responsibilities of the manufacturer to Owner: a. In the event that a leak should occur: b. Provide toll free 800 number for Owner to call in leak report. Number will be monitored twenty-four (24) hours a day, 365 days a year. c. Provide a response to Owner on all leak calls within twenty-four (24) hours of when the call is made. d. Provide a repair crew, at the building site, within two (2) business days of the call. e. Provide follow-up inspection to ensure that repairs were made properly. f. Monitor all leak events and response and provide a written quarterly summary if leaks have occurred. Deliver to Owner at the end of each quarter when leaks have occurred. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 63 2.06 INSULATION A. Bottom layer: 1. FS lili-I-197212(I), Class 1, isocyanurate. 2. Black, glass fiber reinforced, non-asphaltic facer. B. Bottom layer thickness: 4' x 4' x 2". C. Tapered insulation system: 1. FS lili-I-197212(1), Class 1, isocyanurate insulation. a. Black glass fiber reinforced facer. 2. Slope: 2% (1/4 inch per running foot). 3. Minimum thickness: Y, inch (12.7 mm). D. Top layer insulation: I. Dens-Deck Roof Board by GP Gypsum Corp., Atlanta, GA 2. Thickness: 4' x 4' x 1/4". E. Insulation adhesive for bottom layer: 1. ASTM D 312-89, Type III Asphalt. F. Insulation adhesive for tapered layer: 1. ASTIv1 D 312-89, Type III Asphalt. G. Insulation adhesive for top layer: 1. ASTM D 312-89, Type III Asphalt. 2.07 MECHANICAL FASTENERS A. Wood to wood: I. Galvanized, common, annular ring nail. 2. Length: Sufficient to penetrate underlay blocking 1-1/4 inches (32 mm). B. Wood to concrete: 1. 2. 3. Deckfast #14 screw, by Construction Fasteners, Inc., Wyomissing, PA. Insul-Fixx #14, by SFS Stadler, Brunswick, OH. Insul-Tite #14, by Burlington Mfg. Corp., Archbold, OH. BID NO. 118-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 65 4. Olympic Fastener #14-10, by Olympic Manufacturing Group,Agawam,MA. 5. Tapcon 1/4inch (6.35 mm) diameter, P1illips flat head anchor, by ITW Buildex, Itasca, IL. 6. Roofgrip #14-10, by ITW Buildex, Itasca, IL. 7. Rawl Drive or Rawl Spike, by The Rawlplug Co., Inc., New Rochelle, NY. 8. Rawl Deck #14 Deck Screw, by The Rawlplug Co., Inc., New Rochelle, NY. 9. Length: Sufficient to provide 1-1/2 inch (38 mm) embedment. C. Wood to concrete: 1. Kwik-Bolt 3/8 inch (9.53 mm) diameter countersunk stud anchors by Hilti Fastening Systems, Tulsa, OK. 2. Rawl-Stud 3/8 inch (9.53 mm) diameter stud anchors by the Rawlplug Co., Inc., New Rochelle, NY. 3. Length: Sufficient to provide minimum 1-1/2 inches (38 mm) embedment. D. Galvanized sheet steel to wood blocking: 1. FS FF-N-105B(3) Type II, Style 20, roofing nails; galvanized steel wire, flat head, diamond point, round, barbed shank. 2. Length: Sufficient to penetrate wood blocking 1-1/4 inches (32 mm) mlrumum. E. Termination bar to masonry/concrete: I. Lead masonry anchors. 2. Length: Sufficient to provide 1-1/4 inches (32 mm) embedment minimum. F. Drawband: 1. Gold Seal stainless steel worm gear clamp by Murray Corporation, Cockeysville, MD. 2. Power-Seal stainless steel worm drive clamps by Breeze Clamp Company, Saltsburg, P A. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 66 2.08 ROOFING MATERIALS A. Adhesives: I. Base ply adhesive: a. BURmastic by Tremco or approved equal 2. Interply adhesive: a. BURmastic by Tremco or approved equal B. Surface coating: I. High Build Reflective Roof Coating by Tremco or approved equal C. Base ply: a. BURmastic Composite Ply by Tremco or approved equal D. Ply sheet: a. BURmastic Fiberglass Ply Sheet by Tremco or equal E. Related materials: 1. Asphalt mastic: a. ELS by Tremco or approved equal 2. Flashing adhesive: a. ELS by Tremco or approved equal 3. Flashing emulsion: a. TremLastic by Tremco or approved equal 4. flashing surfacing: a White, intumescent coating. 5. Flashing ply: a. TremFlash Flashing Membrane by Tretnco or approved equal BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 67 6. Pitch pan cement: a ASTM C 928-92a, rapid hardening non shrink grout. 7 Pitch pan mastic: a. ELS by Tremco or approved equal 8. Sealants: a. Drawband sealant: I) TremSEAL GP by Tremco or approved equal 9. Stripping adhesive for metal flanges: a. ELS by Tremco or approved equal 10. Stripping ply: a. Burmesh by Tremco or approved equal. 2.09 METAL FLASHINGS A. Counterflashing: 1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 Oz./sq. (3.82 glm2) galvanized coating. a. Gage: Twenty-four (24). b. Solder: ASTM B32-89, alloy grade 60A. Neutralize flux after soldering. B. Coping cap: I. Galvanized, pre-paint.ed: Twenty-four (24) gage minimum, galvanized steel; commercial quality, Fed. Spec. QQ-S-775, Type I, Class D or ASTM A 526 or lockforming quality ASTM A 527, G90 coating in accordance with ASTM A 525. All sheet metal to be pre-painted. a. Paint finish at exposed side: Factory applied baked-on two (2) coat system comprised of one (1) coat of full 70% resin fluorocarbon (polyvinylidene fluoride PVF2) by Kynar 500 or accepted substitute over a smooth coat of corrosion-resistant epoxy-based primer. Color as selected by owner. b. Finish at underside shall be a washcoat over a coat of corrosion-resistant epoxy-based primer. Repaint existing sheet metal scheduled for reuse; two (2) coats of Alkyd Semi-gloss Enamel over one (I) coat of galvanized steel primer. Ameritone, c. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 68 Kelly-Moore, Miller, Rodda or accepted substitute. C. Pitch pans with hood: 1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 vJm~ galvanized coating. a. Gage: Twenty-four (24). b. Solder: ASTM B32-89, alloy grade 60A. Neutralize flux after soldering. D. Piping through roofbox: I. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 vJm~ galvanized coating. a. Gage: Twenty-four (24). b. Solder: ASTM B32-89, alloy grade 60A. Neuttalize flux after soldering. E. Drains: I. Roof drains shall be sized and discharged in accordance with local building and plumbing codes. 2. All drain components shall be cast iron. Including drain body, clamping ring, and strainer. 3. Acceptable manufacturers: a. Donovan Manufacturing Co., North Reading, MA. b. Josam Manufacturing Co., Michigan City, IN. c. Smith Manufacturing Co., Inc., Montgomery, AL. d. Tyler Pipe, Tyler, TIC e. Zurn Industries, Inc., Erie, P A. F. Lead Flashings: 1. ASTM B 29-79(1984), 4 lb. (1.82 kg) sheet lead. G. Details not addressed in specification shall be in accordance with Architectura1 Sheet Metal Manual, as issued by Sheet Metal and Air Conditioning Contractors' National Association, Inc., (SMACNA). 2.10 MASONRY A. Masonry components: 1. Water: Potable. BID NO. 118-99/00 DATE: 3/15101 CITY OF M1AMl BEACH 69 2. Masonry sand: ASTM C 144-93. Shall contain no more than 0.5% lightweight aggregate particles. Shall be free of coal, grains, wood, and other organic impurities. Shall be washed and free of expansive clay. 3. Hydrated lime: ASTM C 207-91(1992), Type S, non-air-entrained. Do not use unslaked lime. Follow manufacturer's written hydration procedures if lime putty is used. 4. Portland cement: ASTM C 150-94, Type 1. 5 Mortar: ASTM C 270-92, Type N. Proportions by volume 1:1.25:5 (portland cement:hydrated lime:masonry sand). Do not use ground limestone. 6. Mortar coloring material: Inert, non-fading, alkali fast oxides, fmely ground, made especially for cement/lime mortars, to match existing color. Color quantity no more than 6% by weight. 7. Face brick: Use existing brick. If needed, new brick to match existing in sizes, texture, and color to Owner's satisfaction. 8. Packing for weep slots: Glass wool batts. A. Damp-proofing: 1. 2. Wall-Tite by Tremco or approved equal. Wall- Tite Primer by Tremco or approved equal. BID NO. 128-99/00 DATE: 3/26/01 CITY OF MIAMI BEACH 70 '2.1 t. . SYSTEM PERFORMANCE REQUIREMENTS: A. BURMASTlC ADHESIVE (OR EQUAL) Pl'Qpertv * Asbestos content *Viscosity @ 25 oC *Density @250C *Nonvolatile Matter * Asphalt content, min *Flash point *Uniformity & Con- sistency Typical Value Test Method None 80 - 200 Pa's (80000-200000 cP) 970 kglml ASTM D 276-87 ASTM D 2196-86 (1991) ASTMD 1475.90 (8.1lb.lgal.) ASTM D 4479-93 ASTM D 4479-93 ASTM D 93-94 ASTM D 4479-93 67% 42% > 370C (IOOOF) Pass B. BURMASTlC GLASS PLY (OR EQUAL) Property Typical Value Test Method * Weight 1.61 kglm2 ASTM D 228-90a (33 Ib/IOO ft2) *Breaking strength 15.7N/mm MD ASTM D 146-90 (90 lbflin.) 12.3 N/mm XD (70 lbflin.) *Pliability, 12.7 mm No failures ASTM D 146-90 (W') radius *Mass of desaturated 83 glm2 ASTM D 146-90 glass mat, min (1.7 1b/1 00 ft2) * Surfacing and stabi- 65% ASTM D 4601-94 lizer, max * Asphalt 488 glm2 ASTM D 228-90a (10.0 Ib/loo ft2) * Ash (glass mat only) 70 - 88% ASTM D 146-90 BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 71 C. BURMASTIC COMPOSITE PLY (OR EQUAL) Prol'ertv TWical Value Test Method *Weight 1.5 kg/m2 ASTM D 228-90a (31Ib/100 fe) *Breaking strength 600 N MD ASTM D 146-90 (135 lbf/in.) 575 N XD (130Ibflin.) *Pliability, 12.7 mm No failures ASTM D 146-90 (Yz") radius bend *Mass of desaturated 107 g/m2 ASTM D 146-90 polyester/glass (2.2 Ib/IOO ft2) mat, min *Surfacing & 65% ASTM D 4601-91 stabilizer max * Asphalt 485 g/m2 ASTM D 228-90a (10.0 Ib/IOO ft2) *Resistance to 5340 N (120 Ibf) ASTM E 154-88 puncture D. BURMESH (OR EQUAL) Property Typical Value Test Method * Weight 65 g/m2 ASTM D 146-90 (1.32 Ib/IOO ft2) *Moisture based on None ASTM D 146-90 net weight * Average tensile strength @250C (77OF) *Warp threads 289 N (65 Ibf) ASTM D 146-90 * Filling threads 311 N (70 Ibf) ASTM D 146-90 *Organic content * Weight 18.7% ASTM D 579-90 *Type PVC/acrylic water- based BID NO. 128-99/00 DATE: 3/26/01 CITY OF MIAMI BEACH 72 , 'E. ELS (OR EQUAL) PI'OJ)CCty ly.pica1 Value Test Method * Asbestos content None ASlM D 276-87 *Viscosity@25.C 480 - 1000 Pa's ASlM D 2196-86 (77.F) (480000-100000o cP) (1991) *Density @ 25.C 1114 kg/ml ASlM D 1475-90 (77.F) (9.3 lb/gal) *Nonvolatile Matter 80"10 ASlM D 4586-93 *Behavior at 140. F 3.18 mm (1/8 in.) ASlM D 4586-93 (Sag Resistance) *Moisture vapor 1.55 - 6.2 glm2124 ASlM E 398-83 transmission rate brs. @ 0.5 I mm (0.10 - 0.40 gllOO in.2124 brs @ 0.020 in.) thickness F. wmTE INTUMESCENT ROOF COATING Property Tvpical Value Test Method * Asbestos Content 0.0% EP A/600/R-93/116 * Recovery 66% ASlM D 412-92 @ 50% elongation * Density 11.91Ib/gal ASlM D 1475-90 (1427 kg/ml) *Nonvolatile matter 72.1% ASlM D 1644-88 *Viscosity @ 770F 9500 cP (9.5 Pa's) ASlM D 2196-86 (25 0 C) (1991) *Flexibility -200F (-9 oc) ASTM D 3111-88 *VOC 155 gIL ASTM D 3960-89 G. ffiGH BUILD REFLECTIVE ROOF COATING (OR EQUAL) Pro.perty T"1lica1 Value Test Method *Density at 7rF 6.4 lbslgal ASTM D 1475-90 (250 C) (767 kg/ml) *Viscosity at 7rF 11,800 cP ASTM D 2196-86 (25 0 C) (11.8 Pa s) (1991) *Non volatile content 62% by weight ASTM D 1644-88 *Percent solids 70"10 by volume ASTM D 5201-91 *VOC None ASlM D 3960-89 * Asbestos content None EPA 6OO/R-93/116 8ID NO. 128-99100 DATE: 3/15101 CITY OF MIAMI BEACH 73 .R. TREMCO TREMFLASH FLASHING MEMBRANE (OR APPROVED EQUAL) Property TY-J)ica1 Value Test Method -Tensile strength @ 28 kN/m MD ASTM D2523-78 _180C (ooF) (164 lbflin) (1989) 24 kN/m XD (137Ibflin) -Elongation@-18OC 2.6% MD ASTM D2523-78 (0 OF) 1.6% XD (1989) -Weight 2.42 kglm2 ASTM 0146-90 (50 lbs/IOO sq ft) -Pliability 12.7 mm No failures ASTM 0146-90 (Yo') radius bend @250C (77OF) -Tear strength (Trapezoid) @25OC 57 N (12.7 lbf) MD ASTMDllI7-80 (77OF) 54 N (12.2Ibf) XD - Asphalt coating weight 0.99 kglm2 ASTM 0146-90 (20.27 lbs/loo ff) - Puncture strength 672 N @ 23 mm ASTM E154-88 (l51Ibf@0.9in.) I. TREMLASTIC (OR APPROVED EQUAL) Property Typical Value Test Method - Asbestos content None ASTM D 276-87 .Density@25OC 1006 kglm3 ASTM D 1475-90 (77"F) (8.4 Ib/gal) .Residue by evaporation 50% ASTM 0 2939-94 · Ash content 4.0% (total sample) ASTM D 2939-94 .Tensile strength 310 kPa (45 psi) ASTM D 412-87 @ 250C (770F), min -Elongation@ 250C 200"10 ASTM D 412-87 (770F), min .Moisture vapor 62 glm2124 hrs. @ ASTM E398-83 transmission rate 0.51 mm (4.0 gllOO in.2124 hrs @ 0.020 in.) thickness .Volatile Organic 80 gIL ASTM D 3960-93 Compound BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 74 . . J. TREMSEAL GP (OR APPROVED EQUAL) ~ TJ.Pica1 Value Test Methnd .Tensile strength 1241 kPa (180 psi) ASTM 0 412-87 .Ultimate elongation 550''10 ASTM 0 412-87 · Adhesion-in-peel 4.4 N/mm ASTM C 794-80 (1986) (25 lbf/in.) .Weep & sag Passes ASTM C 639-83 · Staining Passes ASTM C 510-77 (198~) .Weight-Ioss, cracking Passes ASTM C 792-75 (1987) & chalking after heat aging .Hardness @25OC 25:1: 5 ASTM C 661-86 (770F), 50% RH (Shore A) · Durability Passes ASTM C 719-86 (Bond & Cohesion) (On mortar, granite, and anodized aluminum at :I: 25% movement) K. W ALL- TITE (OR EQUAL) PropertY Ty.pical Value Test Method .Nonvolatile content 70% ASTM D 1644-88 .Viscosity @ 250C 7,000 cP (7 Pa s) ASTM D 2196-86 (77 OF) .Density @ 250C 11.8 Ib/gal ASTM D 1475-85 (7rF) (1414 kg/mJ) .Tensile strength 150 psi ASTM D 412-87 @ 770F (25OC) (1,034 kPa) .Elongation @ 7rF 220% ASTM D 412-87 (25OC) .Hardness (Shore A) 65 ASTM D 2240-86 .Permeance procedure A 2 perms ASTM E 96-92 .Dry time@ 77OF, 2h ASTM D 711-89 500fo RH, 20 mils wet (250C, 50% RH, 0.5mm wet) .Low temperature <_lOoF (-23OC) ASTMC711-72 flexibility BID NO. 128-99/00 DATE: 3/15101 CITY OF M1AMI BEACH 75 . L. WALLTlTE PRIMER (OR APPROVED EQUAL) PrQpet1;y *Nonvolatile Content *Viscosity *Density BID NO. 128-99/00 DATE: 3/15/01 Typical Value 59% 77KU 1402 kglm3 CITY OF MIAMI BEACH 76 Test Method ASTM 0 1644-75 ASTM D 2196-81 ASTM 01475-85 (l1.7Ib/gal) PART m - EXECUTION 3.01 EXAMINATION A. Verify conditions as satisfactory to receive work. B. Do not begin roofmg until all unsatisfactory conditions are corrected. Beginning work constitutes acceptance of conditions. C. Verify that work of other trades penetrating roof deck or requiring men and equipment to traverse roof deck has been approved by the City, manufacturer, and roofing contractor. D. Check projections, curbs, and deck for inadequate anchorage, foreign material, moisture, or unevenness that would prevent quality and execution of new roofing system. 3.02 GENERAL WORKMANSHIP A. All work performed by Contractor shall conform to this specification. B. The presence and activity of the manufacturer's representative, architect's representative, and/or Owner's representative shall in no way relieve Contractor of contract responsibilities or duties. C. Substrate: Free offoreign particles prior to laying roof membrane. D. Provide additional fastening of mechanically attached base sheets in roof perimeter and comer areas. E. Phased application: Not permitted. All plies shall be completed each day. F. Traffic and equipment: Kept off completed plies until adhesive has set. G. Wrapper and packaging materials: Not to be included in roofing system. H. Entrapped aggregate: Not permitted within new membrane. Its discovery is sufficient cause for rejection. 1. Ply shall never touch ply, even at roof edges, laps, tapered edge strips, and cants. J. Fit plies into roof drain rims; install lead flashing and finishing plies; secure clamping collars; install domes. K. Extend roofing membrane to top edge of cant at wall and projection bases. L. Cut out fishmouths/side laps which are not completely scaled; patch. Replace all sheets which are not fully and continuously bonded. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 77 . M. Plies: Prior to p1acement, cut ply sheets in 18 - 20 ft. (S.s - 6.1 meter) lengths. Allow lengths to relax at least 30 minutes, SsoF (13oC) or above; 60 minutes, below SsoF (l30C). Stack lengths. Do not recoil. N. Cold process adhesive heating: I. An in-line heat exchange unit may be used to facilitate application. a. Maximum adhesive temperature: 1000F (3SoC). Do not exceed the flash point of the adhesive. 2. Heat exchange unit: Filled with heat transfer oil approved by equipment manufacturer. 3. Follow operation procedures as recommended by equipment manufacturer. O. DefInition of roof comer and perimeter widths: I. The perimeter strip is defined as the outside strip of a roof area. a. Where roofslope is a 10 degree angle (2 inlft, 167 mm/m) or greater, the strip along the roof peak is also a perimeter strip. b. Where multi-level roofs adjoin, the edge of the upper roof is a roof perimeter when the difference in height between the upper and lower roof areas is greater than 3 feet (0.9 m). 2. The comer area is dermed as the overlap of perimeter strip areas. 3. The width of roof comers and perimeters is subject to a minimum width of 4 feet (1.2 m) and defmed as the smaller of either: 0.1 times the building lesser plan dimension; or 0.4 times the eave height. 3.03 PREPARATION A. Protection: I. Contractor shall be responsible for protection of property during course of work. Lawns, shrubbery, paved areas, and building shall be protected from damage. Repair damage at no extra cost to Owner. 2. Provide at site prior to commencing removal of debris, a dumpster or dump truck to be located adjacent to building where directed by Owner. 3. Roofmg, flashings, membrane repairs, and insulation shall be installed and sealed in a watertight manner on same day of installation or before arrival of inclement weather. 4. At start of each work day drains within daily work area sha11 be plugged. Plugs to be removed at end of each work day or before arrival of inclement weather. S. Preparation work shall be limited to those areas that can be covered with installed roofing material on same day and before arrival ofinc1ement weather. 6. Arrange work sequence to avoid use of newly constructed roofing for storage, walking surface, and equipment movement. Move equipment and ground storage areas a~ work progresses. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 78 7. Construct an enclosed chute from roof for removal of debris from roof area. Plult:..1 building surfaces at chute/set-up areas with tarpaulin. Secure tlll'p,ml;n Remove dumpster from premises when full and empty at approved dumping or refUse area. Deliver empty dumpster to site for further use. Upon job completion, dumpster/chute sha11 be removed from premises. Spilled or scattered debris sba11 be cleaned-up immediately. Removed material to be disposed from roof as it accumulates. 8. At end of each working day, seal removal areas with water stops along edges to prevent water entry. 9. Provide clean plywood walkways and take other precautions required to prevent tracking of aggregate/debris from existing membrane into new work area where aggregate/debris pieces can be trapped within new roofing membrane. Contractor shall instruct and police workmen to ensure that aggregate/debris is not tracked into new work areas on workmen's shoes or equipment wheels. Discovery of entrapped aggregate/debris within new membrane is sufficient cause for its rejection. 10 Cover windows, metal, and vegetation with protective covering prior to application of dampproofmg materials. B. Surface preparation: I. Repoint existing masonry walls. a. Complete masonry work before insta1lation of new roofing. b. Clearly identify areas to be repaired. c. Remove all chipped, broken, loose, and unsound mortar from the joint d. Chisel or grind out all cracked and poorly adhered mortar on both sides of the joint. e. Rake back all crumbling and unsound mortar to a depth of 5/8 inch (16 mm) minimum or 2-1/2 times the joint width. f. Identify damaged brick which must be replaced. g. Remove any exposed cavity tie back steel from surface and loose brick. h. Clear dust and dirt from joint using oil free compressed air. 2. Masonry restoration. a. Complete masonry restoration work before insta1lation of new roofing. 3. Prepare masonry surface so it is structurally sound, clean, dry, fully cured, and free of dust, curing agents, form release agents, efflorescence, scale, laitance, and other foreign materials. a. Power wash the surface to be treated with water using pressure spray equipment at a pressure of 800 psi (5,500 kPa) minimum and a water volmne of 4 gpm (0.25 Usee) minimum. Allow the surface to dry a minimmn 72 hours at 700F and 50% RH. Longer drying times are required at lower temperatures and higher humidities. BID NO. 128-99/00 CITY OF MIAM1 BEACH DATE: 3/15101 79 4. Remove all loosely adhered paint and coating. Thoroughly clean chA11rillg from previously coated surfaces. 5. Perform spot adhesion tests with new coating over previously coated surfaces. If adhesion between coats is marginli1 or poor, remove existing coating prior to application of new coating. 6. Remove: Existing roofmg, insulation to roof deCk. 7. Sweep clean roof deck. 8. Remove counterflashing. 9. Remove flashings to substrate. 3.04 CARPENTRY A. Wall flashings: I. Mechanically attach wood blocking to flashing base. 2. Fasteners shall be installed in two (2) rows staggered. Spacing in anyone (I) row shall not exceed 24 inches (610 mm). Within 8 feet (2.4 meter) of outside comers, spacing shall not exceed 12 inches (300 mm) in anyone (I) row. 3. Offset blocking layers 12 inches (300 mm); weave comers. a. Blocking thickness: Equal to fina1 insu1ation thickness including tapered edge. 4. Install 45 degrees and continuous wood cants (4 x 4's) at intersections of horizontal wood blocking and vertical flashing surfaces. Nail two (2) rows staggered. Spacing in anyone (I) row shall not exceed 24 inches (610 mm). Within 8 feet (2.4 meter) of outside comers, spacing shall not exceed 12 inches (300 mm) in anyone (I) row. Miter comers. B. Piping through roof deck: I. Mechanically attach wood blocking to deck at designated pipe locations. Minimum 2 fasteners per section. 2. Offset blocking layers 12 inches (300 mm), weave corners. a. Blocking thickness: Equal to fina1 insulation thickness including tapered edge. b. Blocking width: 4 inches (100 mm), nominal. C. Pitch pocket locations: I. Mechanically attach wood blocking to structural deck at all pitch pan locations; minimum 2 fasteners per section. 2. Offset blocking layers 12 inches (300 mm); weave comers. 3. Blocking thickness: Equal to fina1 insulation thickness including tapered edge. 4. Width: 4 inches (100 mm), nominal BID NO. 128-99/00 DATE: 3/15101 CITY OF MlAMI BEACH 80 , . D. Wood blocking fastening pattern: x x x x x x x x x x x x x E. Light metal parapet cap locations: I. Mechanically attach wood blocking to top of parapet with 3/8 inch (9.5 mm) diameter wedge anchors 4 feet o.c., minimum 2 fasteners per section of blocking. Countersink anchors flush with blocking surface. a. Blocking thickness: 2 inches (50 mm) nominal. b. Blocking width: Flush with edges. 3.05 MASONRY A. Mix Mortar: I. Use paddle batch mixer. 2. Begin by mixing 3/4 of total water, all portland cement, all hydrated lime, and Y:. of total sand. Mix for at least 3 minutes but no more than 5 minutes. 3. Gradually add remaining sand and water and mix to obtain uniform visual and physical characteristics. The mixed consistency shall allow a ball of mortar to be , hand molded. 4. Use mortar after adding final water to bring to working consistency. Iflime putty is used, prehydrate per manufacturer's recommendations. 5. Discard mortar not used within 2-1/2 hours of original mixing time. 6. Do not retemper mortar with additional water. B. Tuck Pointing: I. Dampen brickwork to be pointed. 2. Apply mortar into prepared joint, compress tightly. Fill joint in this manner until joint is full and surface is slightly recessed from brick face. 3. When surface layer is thumbprint hard, tool joints. Match the surface configuration of the existing mortar, or use a Y:. inch (13 mm) rounded jointing tool to form a concave joint. Avoid tool burn or slicking. 4. Clean excess mortar from all surfaces. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 81 . 'C. Apply Walltite (OR APPROVED EQUAL) masonry <"nI'ting system. 1. Prime masonry with one (1) coat Walltite Primer. a. Coverage rate: I gallon per 250 square feet. 2. Dampproofmasonry with two (2) coats Wall-Tite. a. Coverage rate: I gallon per 100 square feet per gallon per coat. b. Box Walltite batches to assure uniform color. 3.06 ROOF DECK REPAIRS A. Concrete deck repairs: 1. Remove spalledldeteriorated deck areas until sound base is reached. 2. Fill prepared area flush with one-component, chemical action concrete according to manufacture's directions. Allow to set. 3.07 CELLULAR INSULATING CONCRETE A. None. 3.08 BASE SHEET/VAPOR RETARDER 3.09 THERMAL INSULATION A. Prime substrate prior to adhering insulation. I. Assure substrate is clean and dry prior to application of primer. 2. Apply primer at a coverage fate of250 sq. ft. per gallon (6.1 m2/L). B. Adhere layer(s) with a uniform and continuous application of asphalt at a rate of 30 Ibs. per 100 sq. ft. (1.5 kg/m2)) z 20 percent. I. Immediately after placement, walk insulation boards into hot bitumen to achieve solid bond. 2. Promptly spread any bitumen pools that may accumulate on insulation surface to achieve smooth surface for roof installation. C. Adhere tapered insulation in a pattern prescribed by shop drawings in a uniform and continuous mopping of: 1. Asphalt applied at a rate of30 lbs. per 100 sq. ft. (1.5 kg./m') z 20 percent. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 82 '0. Offset joints 6 inches (1 SO mm) in both directions from joints ofbase layer. E. Immediately after placement, walk jps,dation boards into bot bitumen to ac~ 1I01id bond. F. Adhere top layer insulation in a uniform and continuous mopping of: 1. Asphalt applied at a rate 000 lbs. per 100 sq. ft. (1.5 kg!m~ % 20"10. G. Offset joints of top layer 6 inches (150 mm) in both directions from joints ofbase layer. H. Immediately after placement, walk insulation boards into hot bitumen to achieve solid bond. 1. Promptly spread any bitumen pools that may accumulate on insulation surface to achieve smooth surface for roofing installation 3.10 CRICKETS A. None. 3.11 ROOF SYSTEM APPLICATION A. Install precut, relaxed base ply to roof and all wall, curb, and projection bases in a uniform and continuous application of base ply adhesive. B. Base ply laps: 4 inches (100 mm). C. Immediately after installation, broom and/or roll base ply sheet. Ensure complete and continuous seal and contact between adhesive and felts, including ends, edges and laps without wrinkles, fish mouths, or blisters. Apply uniform and continuous pressure to exposed edge and end laps to ensure complete adhesion. Broom/roller width: 34 inches (860 mm) minimum. D. Avoid walking on ply until mastic adhesive has set. E. Roofing ply shall never touch roofing ply, even at roof edges, laps, tapered edge strips, and cants. Cut out fishmouths/side laps which are not completely sealed; patch. Replace all sheets which are not fully and continuously bonded. F. Lap base ply ends 4 inches (100 mm). Stagger end laps 3 feet (910 mm) minimum. G. Install two (2) plies ply sheet, shingle fashion over base ply. Overlap starter strips 20 inches (50.8 em) with first ply, then overlap each succeeding ply 19 inches (48.3 em). Place ply sheets to ensure water will flow over or parallel to, but never against exposed edges. H. Use 18 and 36 inch (45.7 and 91.4 em) wide plies to start and finish roof membrane along roof edges and terminations. BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 83 I. Immediately after wd.I1Rtion, broom and/or roll ply sheet. Ensure complete and COIIIimJous seal and contact between adhesive and felts, including ends, edges and laps without wrinkles, fish mouths, or blisters. Broom/roller width: 34 inches (86.4 em) minimum. J. Apply uniform and continuous pressure to exposed edge and end laps to ensure complete adhesion. K. Avoid walking on plies until adhesive has set. L. Overlap previous day's work 24 inches (61 em). M. Lap ply membrane ends 4 inches (10.2 em). Stagger end laps 3 feet (0.92 meter) minimum. N. Embed each ply in a uniform and continuous application of cold process interply adhesive. Interply application rate: 2-1/2 gallons per 100 sq. ft. (1.0 L/m2). 3.12 DAILYWATERSTOpmE-INS A. Remove embedded graveUdebris from top ply offelt along termination. 1. Width: 18 inches (460 mm). B. Adhere 12 and 18 inch (305 and 460 mm) wide ply sheets from exposed deck to existing roofmg with a continuous 1/16 inch (1.6 mm) tl-ick application of tie-off mastic. Glaze cut-offwith surfacing mastic. Extend 18 inch (460 mm) wide felt 3 inches (80 mm) either side 12 inch (305 mm) felt. C. Install "deadman" insulation filler at insulation staggers. D. Extend roofmg system at least 12 inches (305 mm onto prepared area of adjacent roofing. Seal edge with 6 inches (150 mm) wide reinforcing membrane embedded between alternate courses of tie-oft' mastic. E. At beginning of next day's work remove temporary connection by cutting felts evenly along edge of existing roof system. Remove "deadman" insulation fillers. 3.13 PERMANENT W A TERSTOpmE-INS A. Remove embedded graveUdebris from top ply offelt along termination. I. Width: 18 inches (460 mm). Sweep clean. Prime swept surface with asphalt primer at 100 sq. ft. per gallon (2.5 m2fL). B. Adhere 12 and 18 inch (305 and 460 mm) wide ply sheets from exposed deck to existing roofing with a continuous application of tie -off mastic. Glaze cut-offwith surfacing mastic. Extend 18 inch (460 mm) wide felt 3 inches (760 mm) either side 12 inch (305 mm) felt. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 84 ''c. Extend roofing system at least 12 inches (305 mm) onto prepared area of adjacent roofing. Seal edge with 6 inch (150 mm) wide reinforcing membrane embedded behwen alternate courses of tie-of! mastic. 3.14 MEMBRANE REPAIRS A. None. 3.15 FLASHINGS A. General flashing requirements: I. Composition flashing (Two Plies): a. Cut flashing ply in lengths not to exceed 10 feet (3 meter). b. Adhere first flashing ply to flashing substrate in a continuous application of asphalt mastic. Remove wrinkles and voids. Overlap sections 4 inches (100 mm). c. Extend flashing ply 4 inches (100 mm) beyond toe of cant. d. Cut additional flashing ply in lengths not to exceed 10 feet (3 meters). Apply asphalt mastic to first flashing ply in a continuous 1/16 inch (1.6 mm) thick application. Embed second flashing ply into mastic. Lap flashing membrane ends 4 inches 100 mm); extend membrane 6 inches (ISO mm) beyond toe of cant; press sheet firmly in place. Ensure complete bond and continuity without wrinkles or voids. Adhere laps with asphalt mastic. Seal vertica1laps of flashing membrane with reinforcing membrane embedded between alternate continuous courses of asphalt mastic. 2. Two.Ply Stripping for metal flanges: a. Set flange in asphalt mastic. Seal flange with two (2) stripping plies embedded between alternate applications of stripping adhesivelbitumen. Extend first piy 4 inches (100 mm) beyond flange; second ply 2 inches (SO mm) beyond first ply. 3. Two-ply stripping for base flashings: a. Seal horizontal edge of flashing with two (2) stripping plies embedded between alternate applications of stripping adhesivelbitumen. Extend first ply 4 inches (100 mm) beyond flashing sheet; second ply 2 inches (SO mm) beyond first ply. BID NO. 118-99/00 CITY OF M1AMI BEACH DATE: 3/15101 85 B. At wall flashings: 1. Install composition base flashing as described in general flll~hi"g requirements section. 2. Secure top edge of flashing membrane to vertical substrate with termination bar secured 8 inches (200 mm) o.c. maximum. 3. Wipe top of bar clean with metal cleaner. Prime metal surface to receive sealant with metal primer. Allow to dry. 4. Caulk top of bar. Provide watershed. Tool neatly. 5. Fabricate and install new countertlashing. 6. Install surface mount countertlashing with flashing tape. Mechanically fasten 8 inches (200 mm) o.c. maximum. 7. Wipe clean metal surfaces of flashing joint with metal cleaner. Prime metal joint surfaces with metal primer. Allow to dry. 8. Caulk flashing joint. Provide watershed. Tool neatly. C. At plumbing vents: 1. Wedge plumbing vent tight against deck. 2. Apply 1/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface receiving metal flange. 3. Fabricate and install plumbing vent flashing from lead. Flange: 4 inches (100 mm) wide minimum; extend completely around periphery of vent flashing. Set flange into mastic. Neatly dress flange with wood block. 4. Prime metal flange with asphalt primer. a. Pipe outside diameter greater than 2 inches (50 mm): Bend lead inside pipe I inch (25 mm) minimum with pliers or rubber/plastic mallet; replace cracked lead. b. Pipe outside diameter 2 inches (50 mm) or less: Cut lead at vent top; fabricate and install integra1lead cap. c. Mechanically fasten plumbing vent to substrate, 3 inch (75 mm) o.c. staggered. 5. Install two (2) ply stripping for metal flanges as described in general flashing requirements section. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 86 D. At copings: I. InstaI1ation of light metal parapet cap. a. Insta1l wood blocking. b. Insta1l continuous bent cleat on outside edge of wood blocking. Cleat sha11 be I gage heavier than coping cover. Lap ends 1 inch (25 mm). Nail 16 inches (400 mm). c. Install shims or beveled wood strips to provide inward slope to finished coping cap. d. Place a base sheet felt over top of parapet blocking. Extend down 2 inches (SO mm) minimum over edges. e. Fabricate and install coping cover. Connect coping sections with 1-114 inch (32 mm) high standing seam. Extend front and rear sides of cover 2 inches (SO mm) beyond wood blocking. Bend lower edges out 30 degrees maximum to form drip edge. Attach outside edge to continuous cleat with 3/4 inch (19 mm) lock. Attach inside edge to wood blocking 24 inches (610 rnm) o.c. At comers, form standing seam and miter. E. At pitch pans: 1. Fabricate pitch pans. Sides: 4 inches (100 mm) high, hemmed to outside at top edge. Flange: 4 inches (100 mm) wide, completely around periphery. Clearance between projection and pitch pan: 2 inches (SO mm). Set flange in mastic. 2. Pack gap between roof-penetrating element and deck with compressible insulation. Seal with reinforcing membrane embedded between alternate courses of asphalt mastic. 3. Nail flange to wood blocking 3 inches (75 mm) o.c., staggered. 4. Prime metal flange, projection, and pitch pan interior with asphalt primer. S. Install two (2) ply stripping described in general flashing requirements section. 6. Fill pitch pan to within I inch (25 rnm) from top with non shrink grout. Allow to set fum. 7. Fill pitch pan with asphalt mastic. Double fill if necessary. 8. Fabricate and install umbrella with drawband over pitch pan. Tighten drawband. 9. Wipe clean top of umbrella and projection with metal cleaner. Prime surface with metal primer. 10. Caulk stack/sheet metal interface. Provide watershed. Tool neatly. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 87 . . F. At piping through roof deck: I. Install roofing system onto wood blocking. Apply 1/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface receiving metal flange. 2. Fabricate and install two piece pipe box. Bottom portion fabricated with 4 inch (100 mm) flange. Top section notched to fit over piping. 3. Set flange in mastic, nail flange to wood blocking 3 inches (75 mm) o.c. Prime flange. 4. Fill box interior with batt insulation. 5 Fasten top and closure detail to bottom. 6. Wipe clean metal surfaces of box and piping with metal cleaner. Prime metal with metal primer. Caulk joint between box and piping. tool neatly. 7. Install two (2) ply stripping described in general flashing requirements section. G. At roof drains: I. Install tapered edge strip around drain to create approximate 48 x 48 inch (1220 x 1220 mm) sump. Miter comers. Seal toe of tapered edge to drain rim with reinforcing membrane embedded between alternate courses of asphalt mastic. 2. Install roofmg system into sump and onto drain rim. 3. Plug drain to prevent water entry until service connection is completed. 4. Prime the bottom side of the lead flashing. 5. Apply 1/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface receiving lead flashing. 6. Set single piece lead flashing in mastic centered over drain; extend lead 6 inches (150 mm) beyond drain rim. Neatly dress lead with wood block. 7. Clamp flashing collar to drain in bed of mastic. 8. Neatly cut lead/felts within drain at rim. Lead to extend I inch (25 mm) into bowl. 9. Prime lead with asphalt primer. 10. Install two (2) ply stripping described in general flashing requirements section. Stripping shall not extend under clamping ring. 11. For working drains, remove drain plug upon completion of work each day. BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 88 . 3.16 SURFACINGTREATMENTONFLASlDNGS A. Apply surfacing emulsion to flashing at 3 gallons per 100 sq. ft. (1.2 Um~. B. Allow surfacing emulsion to set for 30 days prior to coating. C. Coat flashing surface with 2 coats heat reflective coating applied at 125 sq. ft. per gallon (3.1 m2fL per coat). 3.17 SURFACING APPLICATION A. Allow cold process roof system to cure for 30 days minimum prior to application of surface coating. B. Flood coat: I. Prior to application of surface treatment system, contractor shall inspect roof with manufacturer's representative. 2. Prime asphaltic surface with waterbased asphalt primer. a. Coverage rate: 200 square feet per gallon (5.0 square meters per liter). b. Allow primer to fully dry. 3. Over entire roof surface apply a uniform and continuous coat of high build acrylic coating. a. Coverage rate: 4 gallons per 100 square feet (1.6 liters per square meter). 3.18 WALKWAYS A. None. 3.19 LIGHTNING PROTECTION SYSTEM A. Install new wood blocking and pitch pans with hoods at downlead entry points. B. Lightning protection system may be disconnected to facilitate work. Reconnect daily or before arrival of inclement weather. Ensure air terminals are anchored and vertical. BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 89 3.20 PAINTING A. None. 3.21 ADJUSTING AND CLEANING A. Repair of deficiencies: I. Insta1lations of details noted as deficient during fina1 inspection must be repaired and corrected by applicator, and made ready for reinspection, within five (5) working days. B. Clean-up: 1. Immediately upon job completion, roof membrane and flashing surfaces shall be cleaned of debris. 2. Clean gutters and downspouts of debris. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 90 SPECMCATlONS GENERAL CONDmONS By executing the contract, the Contractor RpreSents that he lw visited the site, familiarized himself with all conditions under which the work is to be performed, and correlated his observations with the requirements of the contract. The Contractor sha11 not commence work until he has obtained all insurance required and such insurance has been approved by the City of Miami Beach Procurement Department. The Contractor sha11 take out and maintain during the life of the contract such public liability, property damage, and compensation insurance as shall protect him, the City of Miami Beach and any subcontractor, from claims and damages for personal injury, including accidental death, and property damages which may arise from operations of this contract. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work specified. Permits and licenses necessary for the execution of the work shall be paid for by the Contractor. The Contractor shall not discriminate against any person in the performance of work under this contract because of race, religion, color, sex, physical handicap, national origin, or ancestry. In all solicitations of advertisements for employees, the Contractor shall include the phrase "Equal Opportunity Employer" or a similar phrase to be approved by the state Commission of Civil Rights. The Contractor shall at all times enforce proper conduct among his employees and shall not employ on the project any unfit person or any workman not skilled in the task assigned to him. SPECIAL CONDITIONS The material Manufacturer's Representative shall be present during the critical stages of the work, as required by the specifications, for the purpose of monitoring the insta1lation of materials. The Contractor shall cooperate with the Manufacturer's Representative, correcting any deficiencies he brings to the Contractor's attention, and affording him ample opportunity and time to check the work as it progresses. This shall not relieve Contractor of its sole responsibility for proper workmanship. The Contractor will be held responsible for determining if weather conditions on any given day will permit successful completion of work started on that day. Where removal of existing roof is required, the Contractor WILL REMOVE NO MORE ROOF AREA THAN CAN BE REPLACED ON THE SAME DAY, CARRYING THE NEW WORK TO A POINT WHERE A GLAZE COAT HAS BEEN APPLIED. BUILDING INTERIORS MUST BE KEPT DRY AT ALL TIMES. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his operations. On completion of the work, he sha11 remove all waste materials and rubbish from and about the project, as well as all tools, equipment and surplus materials. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 91 . Upon completion of the work, a final inspection will be conducted by the City of Miami Beach Property Management representative and the materia1s manufacturer representative. After satisfactory correction of any deficiencies found during fina1 inspection, the City of Miami Beach Property Management Director will issue a written acceptance of the work, the date of such acceptance to establish the date of completion. Any details or practices not covered by these specifications or other contract documents sball be in full compliance with current NRCA Roofing manual, good roofing practice, and with acceptable fire insurance requirements and/or local building codes. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 92 DMSION 3. LOBBYISTS Sec.1-481. DeftDltIou. Tbe following words, terms and phrases, when used in this division, shall have the meanings ascn'bed to them in this section, eJtcept where the cootexl clr.arly indicaIes a different meaning: Advisory personnel means the members of those city hoards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. AutolKllllous personnel includes but is not limited to the members of the housing audlority, personnel board, palSion boards, and such other autonomous or sem;-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of cenain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lObbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, ~~ 1,2,3-4-92; Ord. 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 fonns 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 infonnatioo origina\ly filed, or any additional ciry commissioner or personnel who are also sought to be lobbied shaI1 require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. C) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary sbaIl also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectIy, a five percent or more ownership interest in such corporation, partnership, or trust. (d)' Separate regiItndion shall be required for eICh priocip8l.'"t"'..-ted 011 each specific iIeue. SudI iIsue IbID lie described with as much cIelail as is practica1, iDc:1ucIiDg but not limited to a specific: cIt.w~ wbere applicable ofa,-" request for a proposal, invitation to bid, or public bearing number. The city clert sball reject Ill)' reaistratioa _em DOl providing a description of the specific: issue on wbich suclllobbyist has been employed to lobby. (e) ElIch person who withdraws as a lobbyist for a particular client shall file an appropriate notice of~ (f) In Iddition to the registration fee required in subsection (a) of this sec:tioo, registntioII of alI10bbyists IbID be required prior to October I of every even-numbered year; and the fee for biennial registration shall be as specified in appendix A. (&) In addition to the mailers addressed above, every regislrant sllaII be required to SIBle the extent of IDY bus~ finaneial, familial or professional relationship, or other relationship giving rise to ID appearance ofan impropriety, wiIb lilY CUlTeDt city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (b) The registration fees required by subsections (a) and (f) of this section sball be deposited by the clerk iIIIo a separate account and shall be expended only to cover the costs incumd in administering the )lI'Ovi1ions of this divisioll. There shall be no fee required for filing a notice of withdrawal, and the city mlDager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant Any penon who only appears as a representative of a nonprofit corporation or entity (sucb as a cbaritable organization, a neighborhood or bomeowner as~, a 10cal chamber of commerce or a trade association or trade union), without special compensation or reimbunement for the appearance, wbether 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 fonns shall be furnished to eacb commissioner or other personnel named on the fonns. (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 contraetual privity with the city wbo only appean in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those wbo 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 bearing 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. 2-454. 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 sip-in 10gs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6, 6-17-92) Sec. 2-485. List of expenditures. (a) On October I of each year, lobbyists sba11 submit to the city clerk asigned stataDettt IIIIder 0IIh 1istittc a1l1obbyiDg expenditures in the city for the preceding calendar year. A statement sball be filed even if there bave been no expenditures during the reporting period. (b) The city clerk sba11 publish logs on a quarterly and annual basis reflecting the lobbyist registrations 6JecI. 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. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 94 C AD members of 1he city c:ommission IIIId all city personnel sba1l be diliaent to ucertain whelher penOIII required to register pursuant to Ibis section bave compliecl with 1he requirements of Ibis divisiOD. C.....n"iuiollcn or city personnel may not knowingly pennit tbemselves to be lobbied by a penon who is nOl registerecI pursuant to Ibis section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investiple any persons engaged in lobbying Ktivities wbo are reponed to be in violation of Ibis division. The city attorney shall report the results of lbe investigation to lbe city commission. Any alleged violator shall also receive the results of any investigation and sba1I bave 1he opportunity to rebut Ibe findings, if necessary, and submit any written material in defense to the city commission. lbe city commission may reprimand, censure, suspend or probibit sucb penon from lObbying before lbe commission or any committee, board or personnel of the city. (Oni. No. 92-2177, ~ 6, 3-4-92; Ord. No. 92-2185, ~ 1, 6-11-92) BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 95 DMSION 4. PROCUREMENT See. 2-486. CODe of siIeDce. (a) CCDtracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby dermed to mean a probibition on: (a) any communicatioo regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ")' request for letten of interest ("RFLI"), or bid between a poteotial vendor, service provider, bidder, lobbyist, or COOSlIIIant and the city's professioaaJ staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a pIIticuJar RFP, RFQ, RFLI, or bid between the mayor, city commissionen, or their tapeetive staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or ber staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SlUP and Surtax Funds administered by the city office of community development, and communications with the city lItomey and bis or ber staff. (2) Procedure. a. A cone of silence sbaII be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee sban 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 sbaH tenninate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence sball 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 stafffoHowing 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 specific:ally probibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shal1 file a copy of any written communications with the city clerk. The city clerk sbaH make copies available to any person upon request. (b) Audit contracts. (I) "Cone of silence" is bereby dermed 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 ber staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissionen or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or ber staff. Notwithstanding the foregoing, the cone of silence shaH not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (bX3) and (bX4) hereot; a cone of silence sbaII 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 bis or her designee sbaII provide for the public notice of the cone ohilence. The cone of silence sbaII bmninate a) at the time the city manager makes his or her written recommendation as to the selection ofa particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the lIIlIIIager's recommendation back to the city manager or staff for further review, the cone of silence sbaII be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000.00, when the city manager executes the contract. BID NO. 118-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 96 (3), Nothing contained herein sbalI prohibit lilY bidder Ill' ...~. (I) from ",akin, public III - ""i..-. daIy DOtic:ed pre-bid conferences or before duly DOliced ~ committee meetiap; (ii) from ....... ill ~ discussions during any duly noticed public meeting; (ui) from engaging in COIIlnIcl negotiations with city lIIaft'foDowiDc die IIWIId of an RFP, RFQ, RFLI, or bid for audit by die city commission; or (IV) from commllllicating ill wriIiag with Illy city employee or official for purposes of seeking clarific:atioo or additiona1 information from the city or responding to die citys request for clarification or additional informatioo, subject to die provisions of the IppJicab1e RFP, RFQ, RFLI, or bid documenls. The bidder or proposer shall tile a copy of any written commlllli<:atioo wiIb Ibe city clerk. The city clerk Iball make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any \obbyist, bidder, proposer, or other person Ill' entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit c:on1ract. The city manager shall include in any public solicitation for auditing services a statement disclosing Ibe requirements of this division. C Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457. sbalI render any RFP award, RFQ award, RFLl award, or bid award to said bidder or proposer void, and said bidder or proposer sha1I not be considered for any RFP, RFQ, RFLl or bid for a contract for the provision of goods or services for a period of one year. Any persolI who violates a provision of this division shall be prohibited from serving 011 a city evaluation committee. In addition to Illy other penalty provided by law, violation of any provision of this division by a city employee sha1I subject said employee to disciplinary action up to and including dismissal. Additionally, any person who has persona1 knowledge ofa violation of this division shall report such violation to the stale attorney and/or may file a complaint with the county ethics commission. ( 0 r d N 0 9 9 3 6 4 ~ 6 - 9 9 ) BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 97 ORDINANCE NO 2000-3234 AN ORDINANCE OF TIlE MAYOR AND CITY COMMISSION OF TIlE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTmED "PROCUREMENT", BY CREATING DMSION S, ENTITLED "DEBARMENT", SECTIONS 2-397 TIIROUGH 2-406 OF TIlE CODE OF TIlE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRAcrORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY TIlE MAYOR AND CITY COMMISSION OF TIlE CITY OF MIAMI BEACH, FLORIDA: SECTION I. Miami Beach City Code, Chapter 2, entitled" Administmtion", Article VI, entitled "Procurement", is hereby amended by adding the following Division S, entitled - "Debarment of Contractors from City Work" reading as follows: Division S. Debarment of contractors from City work. Section 2-397 Pur:pose fl.' debarment (~ The City shall solicit offers from. award contracts to. and consent to s1!bcontractors with responsible contractors only: To effectuate this police. the debarment of contractors from City work m~ be undertaken. (}>) The serious nature of debarment requires that this sanction be ~sed only when it is in the public interest for the City's protection. and not for pm:poses of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance. Section 2-398 Definitions (aJAffiliates Business concerns. or~anizations. lobbyists or other individuals are affiliates of each other if. directly or indirectly (}) either one controls or has the power to control the other. or (ii) a third part controls or has the power to control both. Indicia of control include. but are not limited to. a fiduciarY relation which results from the manifestation of co"""nt by one individual to another that the other shall act on his behalf and subiect to his control. and consent by the other so to act: interlockini manaiement or ownership: identity of interests arnonll family members: shared facilities and eQ.Uipment: common use of employees: or a business entity orl1anized by a debarred entity. individual. or affiliate followinll deharment of a contractor that has the same or similar man3.iement. ownership. or principal employees as the contractor that was debarred or slLspended. (QI Civil iudyment means a ;ud~ent or findinll of a civil offense by any court of competent iurisdiction. C Contractor means anv individual or other lellal entity that: BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 98 ll) Directty or indirect\y ~'II' thmusb an affiliatt:). submits offers for is awarded.. or ....unnably m~ be expected to submit offers or be ._rrlHl a City contract. includini. but not limited to vendors. SQpDliers. providers. bidders. Pl'QPOsers. consultants. and/or desian professionals. or (2) Conducts business or reasonable man be expected to conduct business. with the Ci~ as an a~ent . rq,resentative or subcontractor of another contractor. (d) Conviction means a iudwement or conviction of a crimina'. offen~. be it a felOl\V or misdemeanor. by any court of competent iurisdiction. whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere (el Debarment means action taken bv the Debarment Committee to exclude a contractor {and. in limited instances !ij)Ccified in this ordinance. a bidder or prQposer from Ci~ contractini and Ci~ lIPproved subcontractini for a reasonable. !ij)Ccified period as provided in subsection (j) below: a contractor so excluded is debarred. (f) Debarment Committee means a ~oup of seven ("1) individual members. each appointed by the M~or and individual Ci~ Commissioners. to evaluate and. if warranted. to impose debarment. (g) ..., l:ptlllik, iJnce Greater wei'lht Q( the evidence mean.f proQl /vi i~(ormation that. comnared with that onoosiny it leadf to the cone/usion that the (act at issue is more probablv true than not. (h) Indictment means indictment for a criminal offense. An information or other filin!l bv competent authority charl:ini a criminal offense shall be !liven the same effect as an indictment. (/) Leeal proceediny means any civil iudicial proceedini to which the Ci~ is a party or anv criminal proceedin!l. The term includes appeals from such proceedinlls. (j) List Qf debarred contractors means a list compiled. maintained and distributed hy the Ci~s Procurement Office. containinll the names of contractors debarred under the procedures ofthis ordinance. Section 2-399 List Of debarred cont1"tJctors. (a) The City's Procurement Qffice. is the a'le/1/;Y char!led with the imnlementation Q(this ordinance .fhall: (J) Comnile and maintain a current consolidated list (Listl qf all contractors debarred /vi City departments Such List shall be uublic record and shall be available (or DUblic inspection and dissemination' BID NO. 118-99/00 DATE: 3/15101 CITY OF MlAMI BEACH 99 (1) PeriodicallY revise and distribute the List and issue Sl(pplemems if lie"""""'" to all dJ:partments to the Qffice €llthe City Mana~er and to the Mavor and City Commissioners' and (3) Inrlubd in the List shall be the name and tele11hone number Q,fthe City Q,(ficial responsible for its maintenance and distribution. (b) The List shall indicate' (J) The names and addresses ill all contractors debarred. in alphabetical order' (1) The name Q,fthe dqJllrlment that recommends initiation Q,fthe debarment action: (3) The cause for the debarment action. as is further described herein. or other statuJory or re~latory authority. (4) The (flect qjthe debarment action: (5) The termination date for each listinl:: (~I The contractor's certificate Q,f comoetence or license number. when applicable' (7) The oerson throuvh whom the contractor is qualified when aaplicable: (/1.1 The name and televhone number Qf the ooint Q,f contact in the devartment recommendinl: the debarment action () The City's Procurement Q(fice shall' (~I In accordance with internal retention 11rocedures. maintain records relatinl: to each debarment: (.(1 Establish 11rocedures to provide for the ((fective use Q,f the List. includi1'(f internal distribution thereq,f. to ensure that departments do not solicit Qflers trom award contracts to. or consent to subcontracts with contractors on the List: and (3) Re~nd to inquiries concemi1'(1: listed contractors and coordinate such re:{pOnses with the del1a1'tment that recommended the action. BID NO. 118-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 100 Section 2-400 ~t!ct q,f dt!barmt!nt. fa) Dt!harrt!d contractors art! acludt!d from rect!Mn,f contracts. and tkDDrlmt!nts shDll rIOt solicit qjJers from. award contracts to. or const!nt to subcontracts with thest! contractors. unlt!SS the Cit)J Ma1Ul~t!r determint!s that an emerient;)' aists iusti/Yinz such action. and obtains qpproval from the Mqyor and Cit)J Commission. which tqqlf'oval shnll bt! ~n /vISnths mlt! of the Cit)J Commission at a re'{Ularly scheduled Cit)J Commission mt!etin~. Debarred contractors are also excluded from conductin,g business with the Cit)J as allents. rl!Prt!sentatives subcontractors or partners q,f other contractors. (bi Debarred contractors are excluded from acting as individual sureties. Section 2-401 Continuation Q/ current contracts. (a) Commencin~ on the c/ft!ctive date Qfthis ordinance all prQposed Cit)J contracts. as well as Request for Pronosals (RFP). Request for Qualifications (RFQ) Rt!quests for LeUers of interest (RFL() or bids issued be the Cit)J shall inc01:porate this ordi1Ulnct! and ~cify that debarment mqy constitute wounds for termination qf the contract as well as disqualification from consideration on aIV' RFP. RFo. RFLl or bid f1?) The debarment shall taM ~f/ect in accordance with the notice nrovided bv the Cit)J Ma1lJJ.fer Dursuant to subsection 2-40S(Ij) below. exceDt that if a Cit)J dt!Dartment has contracts or subcontracts in existence at the time the contractor was debarred the dt!barment Deriod mqy commence 1490n the conclusion Qf the contract subiect to approval Qf same bt! S/7ths vott! q,( the Mqyor and Cit)J Commission at a regularly scheduled meetin~. ~ City departments mqy not renew or otherwise extend the duration Qf current contracts. or COY<.fent to subcontracts with debarred contractors. unless the Cit)J Ma~er determines that an emer~encv exists iustifying the renewal or extension or for an approved atension due to dt!lav or time extension for reasons beyond the contractor's control. and such action is approved bv S/7ths vote Qf the Mqyor and Cit)J Commission at a re'{Ularly schedult!d. meetin,'l (ei) No further work shall be awarded to a debarred contractor in connection with a continuirw contract. where the work is divided into separate discrete woups and the City's r~fusal or dtmial q,( further work under the contract will not result in a breach q,f such contract &ction 2-402 Restrictions on subcontractinz (a) When a debarred contractor is nrooosed as a subcontractor for DItY subcontract su~iect to City annroval the denartment shnll not consent to subcontracts with ~h contractors unlt!SS the Cit)J Manager determines that an emereent;)' exists iustifying such consent and the Mavor and City Commission qpproves such decision. /vISnths vote at a revularlv scheduled meetirw BID NO. 118-99/00 DATE: 3/15101 CITY OF M1AMI BEACH 101 ~I The City shall not be responsible (or artY increases in "rqiect costs or other ~nses incurred bv a contractor as a result Ql r(iection q,( "roDOsed subcontractors mn.nNmI to subsection 2- 402(ql above. "rovided the subcontractor was debarred "rior to bid onenirw or oDeni"" q,( proposals. where the contract was awarded be the City "ursuant to an RFP. RFO. RFLl or bid Section 2-403 Debarment (q) The Debarment Committee mqy. in the public interest debar a contractor for a'O' q,f the cau.~es listed in this ordinance usinfr the "rocedures outlined below The existence o( a cause (or debarment. however does not necessari{v require that the contractor be debarred: the seriousness Q/ the contractor's acts or omissions and artY miti~atinv (actors should be considered in malcinz a'O' debarment decision. ~) Debarment constitutes debarment Qf all Qfficers. directors. shareholders owni'l" lIr controlli'lf twentv-five (25) Dercent Q,( the stock. "artners. divisions or other or$anizational elements qf the debarred contractor. unless the debarred decision is limited bv its terms to s"ecific divisions. or'lanizational elements or commodities. The Debarment Committees decision includes a'tY existinv qffiliates Q,f the contractor. i( thtry are (1) ~cjfical[y named and (if) ~ven written notice o( the proposed debarment and an oQportunity to resDOnd. :;:Ill&l l q6i:itJ1l,J qf^'l~ ciJnlfaCMI me .Jb~iect t8 tt"t~ D~bar"unt Clmuuitfll'.J 4llBilJrJ. \!:I A contractor's debarment shall be e.ffective throur:hout Ci/v Government Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor (or a conviction or civil iudj-ment. (J) For commission qf Q fravd or a criminal Q,(Jense in connection with obtainin~ attempti'lfr to obtain "erforminr:. or maldn,? a claim upon a "ubUc contract or subcontract. or a contract or subcontract funded in whole or in Dart with "ubUc funds: (2) For violation o(federal or State antitrust statutes relatin'lto the submission Q,f Q,ffers' (~) For commission Q,f embezzlement. the.fl. forfery. bribery falsification or destruction Q/ record~ maldnl! false statements. or receivinz stolen DroDerty: (4) Which makes the City the Drevaili'lf Darty in a ler:al Droceedi'l~ and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (h) The Committee mqy debar a contractor. (and. limited instances set forth hereinbelow. a bidder or proposer) based Upon a l'~JI"II.uralla the weater weir:ht Q,fthe evidence. for: BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 101 (] 1 Violation of the terms qf a City contract or subcontract. or a contract or subcontraet funded in whole or in part bv City funds. such as failure to petform in accortlana with the terms Q,f one (J) or more conlracts as cerQfied bv the City ~~nt administerinr the contract: or the failure to perform. or unsatiifactori{v petform in accordance with the terms q,f one (~I or more contracts. as certified Iv' an indeoendent re~stered architect. e,,~neer. or ieneral contractor. (~I Violation Qf a City ordinance or administrative order which lists debarment as a potential penalty. 13) Ani! lJthll ~dttSe t~hi~h 4fft,t~ Ilu: , t.rpd'Nibili~ qla Ci~ ~lJnlf 4~M' ay Jlib~iJ,ftf4Kf..'J' ill "~'(tJ"'fliltf Ci~ .~tJ, 1. Section 2-405 Debarment nrocedures. (ql Requests for the debarment Qf contractors mqy be initiated bv a City DeDartment or bv a citizen-at larre and shall be made in writinff to the Office Ql the City Manazer Upon receiat Ql a re'lJlest for debarment. the City Manarer shall tran.rmit the request to the Mqyor and City Commission at a replarlv scheduled meetinr. The M((yOr and City Commission sball transmit the request to a person or persons who sball be charffed bv the City Commission with the duty Q,f aromat{v investiratinr and ar~parinr a written reaort(~) concerninff the "roaosed debarment. includin" the cause and wounds for debarment a.r set forth in this ordinance. (b) [!pan comoletion Q,f the qforestated wrillen reoort. the City Mana.rer shall forward said reoort to the Debarment Committee. The City's Procurement Office shall act as stqff to the Debarment Committee and with the assistance Q,f the Cin thnar 1I111:IIt nerson or persons which prepared the reaort "resent evidence and ar~ment to the Debarment Commillee ~ Notice of nroposalto debar. Within ten workinr dqys qf the Debarment Committee havinr received the request for debarment and wrillen renort. the City's Procurement Office. on behalf Qf the Debarment Commillee shall issue a notice q,f proaosed debarment awisin" the contractor and any $]JfIcificaliy named q,ffiliates fly certified mail. return receipt requested. or personal service. containinr the followinr ilJ,formation: (1) That debarment is beinr considered' (21 The reasons and caures for the proposed debarment in terms s1dficient to put the contractor and a'1Y named q.fJiliates on notice qfthe conduct or Iran.raction(s) rq)On which it is based: (3) That a hearinv shall be conducted b(fore the Debarment Comminee on a date tmd timl! not less than thirtv (3QI dqys qfter service oJtM notice. The notice shall also advi3e the contractor that it 1IImI be renre.<ented Iw an aUornev mav ore-fent documentarv evitknce and wrhaltestim01f1l. and mqy crnn-PTnrttUw! eviLltmce and tl!.ftimonv pre.'lented Q.painst it BID NO. 128-99/00 DATE: 3/15/01 CITY OF MIAMI BEACH 103 (4) TIre notice shall also describe the (.flect q/ the issuance qf the notice q/ flroposed tkbontlDrl and qftM potential (flect of an actual debarment. (d) No later than seven 171 wor1ci1l$ dq;ys. flrior to the scheduled hearin1 date. the co_actor must fiunish the City's Procurement Office a list q,f the d~enses the contractor intend~ to nruent at the Marinz, II the contractor fails to submit the list. in writinv at least seven (7) wor1cinv dqys MiaI' to the luulI'ilIf or faib to seek an extension q/time within which to do so. the contractor shall have waived the opportunity to be heard at the heari,,~ TIre Debarment Committee has the ri~ht to vant or tk'l)! an extension of time. and (or ~ood cause mCO' set aside the waiver to be heard at the heari",. and its decision mCO' onlY be reviewed upon an abuse qf discretion Sfmulnrd (/() HearsCO' evidence shall be admissible at the hearill" but shall not (arm the sole basis for initiatin" a debartnent procedure nor the sole basis q( /l'I)I determination qf debarment The hearill" shall be transcribed tqped or otherwise recorded bv use qf a court rqJOrter. at the election Committee and at the expense Qfthe City. CODies Qfthe hearinf taDe or transcriDt shall be fUrnished at the expense and request Q.fthe requesti""lK11'ty. (j) Debarment Committee's decision In actions based UlJOn a conviction or iud~ment. or in which there is no venuine dislJUte over material facts. the Debarmerment Committee shall make a decision on the basis qf all the undisDuted material i1J.formation in the administrative record includinr anv undisputed. material submissions made by the contractor. Where actions are based on di~uted evidence the Debarment Committee shall decide what wei,ht to attach to evidence Q.f record. iud$e the credibility Q.f witnesses and base its decision on the m cJ",ncknancl! '(reater wei~t Q.fthe evidence standard The Debarment Committee shall be the sole trier Qffact The Committee's decision shall be made within ten (I Q) wor1cinv dCO's qfter conclusion Q.f the heari"f unless the Debarment Committee extends this fleriod for food cause (i) The Committee's decision shall be in writill, and shall inelude the Committee's factual findin'?$. the flrineipal causes Q/ debarrne~ as enumerated in this ordinance. identification qf the co_actor and all named q/Jiliate' qflected bv the decision and the SDecific term. includin, duration. Qlthe debarment imoosed BID NO. 128-99100 DATE: 3/15101 CITY OF MIAMI BEACH 104 tit) Notice qf Debarment Committee'~ decision (1) If the Debarment Committee decides to impose debarment. the City Mana'ler shall ~ive the contractor tmd allY named affiliates involved written notice ~ certified mail. return recei", requested or hand delivery. within ten (]O) worlcinv dqy.f q.f the decision. ~ci~inl the reasons for debarment and includinr a CoRY qfthe Committee's written decision: statinv the period qf debarment. iPICludi'lfl. <(fective dates: tmd advisinz that the debarment is <tfective throul!hout the City denartments. (2) If debarment is not imposed the City Manafl€r shall noli~ the contractor and anv named qffiliates ill\lJI.ea bv certified mail return receiot refluested or oersonal service within ten (J Q) worki'll dqys Qf the decision. ([J All decisions Qfthe Debarment Committee shall be final and shall be effective on the dLJte the notice is simed bv the City Mana'ler. Decisions o(the Debarrnelll Committee are su~eC1 to review by the Appellate Division of the Circuit Court A debarred contractor III'lY seek a stq)' Q(the debarment decision in accordance with the Florida Rules Qf AmJellate Procedure. Section 2-406 Period Q( debarment (a) The oeriod Qf debarment imoosed shall be within the sole discretion Qfthe Debarment Committee. Debarment shall be for a period commensurate with the SeriOu.fness Q,(the causers) and where aoolicable. within the ~idelines set (orlh below but in no event shall exceed five (5) vears. (h) The (ollowi'll ~idelines in the oeriod Q/ debarment shall aonlv exceot where mitifatinz or avwavatinf circumstances iu..ti~ deviation: (J) For commission Q( an Q(fense as described in subsection 2404(a)(lJ: five (5) wars (2) For commission Q( an Q(fense as described in subsection 2404(0)(2). five (5) veers (3) For commission Q( an Qf/ense as described in subsection 2404(0)(3): jive (5) years. (4) For commission Q( an Qf/ense as described in subsection 2404(0)(54,1: two (~) to five (5) ~ (5) For commission Q( an Qffense as described in sub.fections 2404(h)(l) or (2): two (2) to five (5) ~ BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 105 o The Debarment Committee IIU{)I in its sole discretion. reduce the neriod q( debanru!nt '4P"" the contractor's written reFst. (or reasons such as: (J) Newly discovered material evidence' (2) Reversal qf the conviction or civil iudplent '6'On which the debarment was based' (3) Bona fide chan'ie in ownership or mana~ment: (4) Elimination Q,f other causes for which the debarment was imposed: or (5) Other reasons the Debarment Committee deems apprqpriate. (4) The dthlJl Ilu:lltdebarred contractor's written request shall contain the reasons for requestinv: a reduction in the debarment period. The City's Procurement Qffice. with the assistance qf the q(fected dq;artment shall have thirty (3Q) dqys from receilJt Q,f such request to submit wrinen re~n.fe thereto Th~ d~c.iJi{j1J qf tJt~ fXhlb .JJdH C{jIJl"liHi~ ~fm dill' a I ~qb~Jt nlad~ lilith, thij Juh:uction ;j Ibra,' alia liD,. ~{JMhl~. SECTION 2. SEVERABlLITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be afficted by such invalidity. SECTION 3. CODIFlCATlON. 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. SECTlON 4 REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTWE DATE This Ordinance shall talee effict on the~ day ofMi3.rch,2000. PASSED and ADOPTED this 23rd day of Februa rv. 2000. BID NO. 128-99/00 DATE: 3/15101 CITY OF MIAMI BEACH 106 04/03/2001 12:52 17327386081 INSlRANCE Sll..UTICNS PAGE e2 4CORD_ CERTIFICATE OF LIABILITY INSURANC~4 I ~\NMIIlIlM'l 04/03/01 - TtIIS CERTIfICATE IS AS "MA~Ft :nON Ot.lLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE X..aurence Solution. . Service. HOLDER. THIS CERTIFICATe DOES NOT AMEIIID. EXTEND OR 120 Uq _,.,... 1'0.e Ro..s ALTER THE COVERAGE AFfORDED BvTHG POUCtES BELOW. I'o~ RJ 08863 l~ AFI'ORDING C<l\IEAAGE l'boae.732-738-6080 Pex.732-738.6081 ........, IIISURI1R k Vnite4 Stat.. Pi". ID.. Co. -..eRe, C>:ua " ro"atu IlUlUrauce Co. j8~ ROOd.ing .ouCh, bc. __e: Pt. L&lIa:O 1e PL 33302 -'" c: CO\IEllAGES 114& I'Ol.ICUOF l'lSUlWICE~lSICD_"'YI!__101lt&-.u!D__ _TlCPOUCYl'l!RICOlMOoCA1liD.N01W\1tlIT_ _A!QU_. _~OQfClITlOOIOF _COII1IIoCT QRlm1l!I\_WInI_nOWHoOHTHl&CA\TF1CA",....V..._OR w.v PERTAIN. "tMI;. tta1IMHCe..-noROEO IV 'nEPCtt.DeS 0-1':" 11m ttliR5lN IS Sl&ECTTO AU.11fI18W8. ~ .- NfD COtCIITIONS OF sue04 POl.lClI!S. _Tli I.M1'S _....V....Yl!IlEEIlA6JllJCCDev~...... ~~ ft!l! TY1'EOF~ POUCY_ llUml ~........nv fAC>l 0CCUIlIl&NC' 11.000 000 A X 00"- ~~iAL GeNeRAL l.IA8IUTV 5031867816 04/01/01 04/01/02 __W<1...h) slOO,OOO I ClAIolll MAIlli [!J 0CCUft ""'-I!"i"'_J $ 15 000 rSl.!..tlWM.&JU)VI'lUUIW $ 1, 000 000 ClEIISW._.... 52 000 000 ii.oucvriUNlTri:: """"""",. CIlMflOP_ $1.000,000 ~1JAkm' 133U41U4 04101/01 04/01/02 ~............,. $ 1, 000,000 A .!._lWtO - oW.OWOII!I> IoUmS 8OClU. v .......... 5 1.- ~'''A.I.II'OS (PoI_) ~ _AUTOS ~v'Mf' $ ~ IIOH-C)WNl;D _ ~dt1..~ 5 ""- ~LM8UY AlJ1OOII.V .Iio\~ . ..... AUtO C1IHCR1WAN "N:<:. $ MtIOOlllv: _ $ ~,... 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"COllI) CORPORATION'19118 197) V~'V4'U~ ~U~ ~~:a4 tA& t'lW'll H. t1JIlIW'l ~OOl ACDBD. Dl1E...-rtt 04 03/01 OF 1llRIMA1'IClfI ONLY AND eel __ NO ~ Ul'OlI lIE Coon.......lI! ~ 1llIII .-.......lI! _ 1101' -. IX1BlD 011 ALTEIl 11lI! CIMiIlt.- AJlFCIlll.... IIY lIE l'CII 'C"'S 1lIlLOW. ca.F'1.II. AMIIlDIG co~ --v-q PRANK R. FORMAN, INC. FRANK It. FORMAN #A091425 P. O. BOX J.927 POMPANO BEACH, FL 3301;1 ---- A ......... . --- C FCC I INStlR.l\NCE CO - Ll\!JMAR ROOFING SOUTH INC POBOX 1006 FT LAUDERDALE FL 33302 co L'" na .10 CERI'FV THAT..He PQUCIEII OF _iJimO _ ItAVE _I8iiiaiTolltE __ __.POl lltE POLJCv _ _1m, N01WI1I<BT_ _ RECll__. mw OR c:oNIlITION OF _ CClN1'IW:1" OR ~ ~"OP'T_IlE8Pa;rTO__1HI8 CERllFlCA1E ......, I!; lSSllEII OR ....., PERTAIN. 'lItE __ AI'FOAIlED It( 1l1E POlICIElIIEIK Ell_IS sue.os;r TO ALl. 1ME _. ~ AIlD CCNDI11DNS OF 8UCl< P<lUl;ES. LIIIIl'S _ ....y HAVE BEEN -.ca> I!H PAID _ --- -~~~~I " 'IIIIa. lU HI ......- DIt.1Sr 11.11 ~ --........,. .......MlIIfI!SM.1e . ,allf ..: ....L......UtaJ1Y PIICIIIUCI8.COIlI'liOI'MIlI. ~... 0 0I:Q8 ftIIICWML''''' IfNIW . . CDN1IUIIC'IOR'I"'" fIDIOCClIWIQ , "'~-.""'" . -.......-..... . Mf. ,m CII h ........ -...... .....-- ....,-.;:...... . .IClI OIl -. AIIIOI -y........ r.._ . -- NOMa.lI_ MIlOS _TIUURT ,...- . ---- . _.-n- _mIO :M#IICCIBII' OIIII!R.... AUIQ C>>ILY: ;:':~p~ijj!:::.:~:.::.".:..'j;'EE.':,?--. -.- 000: HurT. . . . IIIVliLf.lAfIIOMI 01HI!'R __ UI8BJ,A FORM ...... 2 ~_ ---- 2n38-001 ~;.~.~~~':2S~!:i~!;,!;~; .... MOl. .~~.:).nf ~.!..~ PIIW! - ..- lOICL ..... .. . 500,000 . 500.000 500 000 I1J ....A___H "'-,4 II ~ 11._ FAX {30S)613-7851 ~~:::;:. ~::;~~'~'.:s:'~';:~~$~:;:;:""~,"';::p :..::';::a;;:-d,::.: ~~:..-2:...:~ :~ - ~;~ ~:::. :::...:::,~-;;: -?~~~;...::= :~~~. Z,,; CITY OF MTAMI BEACH ATTN: RISK MANAGEMENT 1700 COm7ENTION CJ::bolJ:i1<. DR MLNMI BEACH FL 33139 SfIIJUI8 ., or,....... ......: r.-.- _... ~ _"* ..,. ........ ... ... CIIWlIIIr .... -"OIl 10'" .3.C.- MtS.........tIIOIIC&1CI__._~___...UR. 11ft' _10 -.L_ ............... -"--ClllUIIUIY OF Mf _ UfQII ...... .-. .. d:I. ~ ." Apri19,200l Laumar Roofing South, Inc. P.O. Box 1006 Ft. Lauderdale, FL 33302 RE: The City of Miami Beach Bond No.: 1039539 Enclosed please find the following: X Performance & Payment Bond (sign, seal & forward to Obligee) 1 Original & I Copy Performance Bond (sign, seal & forward to Obligee) Payment Bond (sign, seal & forward to Obligee) SIGN HfJE Maintenance Bond (sign, seal & forward to Obligee) Subdivision Bond (sign, seal & forward to Obligee) Continuation Certificate (forward to Obligee) Duplicate Original (must be filed with proper County Clerk) X General Status Inquiry (see notation for instructions) Should you have any questions pertaining to the enclosed, please do not hesitate to contact this office. Yours truly, SEC Burton Harris BH:mm Ene. 01 01'.5BP Laumar Roo~;ng South, Inc. Apr-05- P.02 PDI'OIlMANCE 8OJIO) BOND NO. 1039539 (Ibis bond meets _ ,,, l j, die n:q..u~ ofF1orida ~........ Sec:M 2S5.0S) STATE OF FLORIDA) SS COUNTY OF } KNOW ALL MEN BY 11IESE PRESENTS.... -. launar Roofing South, Inc. . Priaci.... ..... '"..Ita caIIaI C.._..~- "-., ad XL Soecial ty- Insurance Company as SURlY. an: finDly bound lIIIIO die . Beach. Florida. as Obtipe, betcinafter ca1kd the City. ill die PeuI SIIIII of ee Dollan (5 329.149.00 ), for dae paymcat ofwbidl sum 1leU IlIId uu1y oUrsd-. our hem, executors, JdmioisIndors.l'Io(( [loon and KCip.joilltly .ud1CWDlly, fiImIy by these prese.ots. WllEREAS,c....od.l.oatbe 3rd clayof April . ~OOl.-A...4_aamin ~..a with the City. bcado .,....~ for BID NO. I...",... EalitJcd, "ROOF REPLACEMENT 0' THE CITY HALL BUILDING" 'Wbich r~ is amdca pIIt baalfby ref'w,,1lIlX rhluro. NOW. T1IERD'ORE. 1lIE CONDmoN ()II' THIS OBUGAnON IS SUCH, Ihar, if the CoatIKtor shall wdI md trIIIy perform md fWfiIl.u1be w.dctr..J.iT.~ tenus, condi1ioas amd lItso..........A:l of said COIIImd, aud all duly authori7Jcd modi~ of _ CoaInct thai may hereafter be made, DOtice of which modifVo.nn... to the SlImy beiq ben:by Miwd, dxa this obligation shall be void; othenVise to remain in full fim:e aad dfea. WHENEVER the PriDcipal sbal1 be .ad is da::lanlcI by lbe City to be ill driwIt lIIIdtr !be COUb....... or wbenever tbcCvuIil..ct has bcea fIernt;....- by ddiw1toflbeCcJnnc1or, tbc City baviDs pe;.fonDed the City's obligations lhereuuda'. tbc: Surely sbaU: I. Compkte tbc: CootrIa in accmdance witb it! tams'" c:onditiOllS, or .. !be City's sole option 2. Obtain a Bid or Bids fur p.....i-inn to the City for .....pItfi"l tbe Coalrad ill accordaDcz wi1h its tams ad COIIdi1ioas, ... ..-ddamimIiGa by tbe City II1II tbc Surety of tile Iowat., ....-"",lblc Bidder. _,_ iJr a r_ 1lod11 . sudl Bidder ad the City. aad make .",.;a...... as Wade .... c- -.,.Ibcft sbouIcI be a default or. ~~oa of cIe&uIts UIIIIIa' tile Ca._.- ... I or C-".~ at ...-....... ...-.ed uadcr tbis _....-.G) ..~ fimdsto pay _ COlI of" ..,........... as tbc ...1...... oftbe Coabct prioe; bat Jd..:J I~, ;..do""",, adIlI" custs.......... 1':1 for which the Sumy may lie liable baamdcr. tbc __ .. bdI ill !be lDst plIl.......... bcrcot: 11ac tr.na -. - - oftbe C .......t pD:1c" .... ill dIis _~II. sbaII_ tbe.-J 8IIIDlIDl..yUJIe by tbe City 10 tile n... .. lIIIIIa:!be ("~ aad UI.J ................ 1h...~. _ the -. 1"'......1)... by tbe CiIy fllI!be Coubw;tor. .... 1llO...'" 1M. 'IE: JItI5IV1 CI'IY OF ......... ~ I' ;eY"'o'--<i~ ~{~-~,h!t...\i'!!!~ ",,".' ~~~\-.....ft'-'--': .. .~'~,,7';..;, <""', .,...":" F:.,.-',._.,' "-"';.' t;," ~ ,.... ...,.;;;- 1\ fi '"J ;,. ',~_,~" '" ",;, ':"., L-'': '.... ,-" A :" .~-: ,"'" -,:,,_, :.,.....;.,i' ,-/ "-'1" - ,- FINAt.. CONTfu:\CT PRice: Apr-OS-Ol Ol:S9P Laumar Roofing South,lnc. P.OS No rigbt of aetiaa sIIaI1lCl:Z111: OIl tbis DODd to or .fGr die IIIC of Illy ~ . ~... other 1bm the City II.IIlJlCld bcftin or die .....- .... or -ir- ~...4. The SIIIdy sbaU - cbslaeby..1o ind.......(y Ihe City ... bold it ........ of: &am lIIId .,.ind any IIDd aU UbiIity, "'COIt.dam.aeor--, ..... i-J.odl'!Jl ~""I.le____.1dllCS. ~-eriDa I11III an::hi~. .. orodlapror.c.~ lb~ wIIM:b Ihe City may iacur. wIIQ IIIIIY -.:me 01' be ;.........,d upon it by __ of any .....i&ace. ....~. act 8lMllCII" ........ '1llI oalbe ~ of &he Cu.&-.tu., any sm. OIltl......lIDd Cou.lmctm's or So.,.. odl~ 9DlS. ~...... aJIA!Ior czuplo)as.ln. aboW or 011" jllkjt oCtile CcmsIruaioD oldie wade..s 1""'1_ - ...of IIIid CoaIrat by the Contnldor. This Boad sbaU n:main in fi.dI force and effect for IIIda period or periods oIli1Dc after die eWe of ~ oflbe project by tbe City as are provided fOr in Ihe CclIIlmcI Doaaaears. _die Contractor hereby gwqu....., 10 IqJ8ir or replace for the said ~~ aU WOIk JlbMmcd aud materials and equipment filrni.w, which WI:I'C: DDt pe.f....-.d or fiImiIbcd acc.,.&t ID lbe tams ofthc Cootnct Doc:umenra. If lID "..;6c: periods of ~..1""'1 are .... in tbe C'.odIa:t Documcms fill- any paI1icu1ar itao ofwmt, matcria1 or equipmcut, tbe Cwtl.......1Iaeby p..~ die 5aIIIe for. minimum period oCone (I) year Iiom tbe date of final a:_--.~ oU! by tbe City oflbe emiJe project. Any suit on this bOIId bIlISt be iDsrilllk:d witbiq such period or JlC';..ds as may be provided by law. IIID NO.. I...". DAn: lIIMl CIIY 01' NIMIJ .+01 l7 Apr-OS-01 Ol:S9P Laumar Roofing South, Inc. P.06 IN WITNESS WAmlEOf, die ~ bouDdcd ,..a bPc cmaI dIiJ BaacI to be -~ by.... ..........iafeoflicialsofdle 9th layof April .8 2001 . WITNESS: PRINCIPAL: (lfsoJc r.~_orpa...sbip) (Firm ~) BY Tide: (Sole 1\....,.... or"""" PIlINCIPAL (lfc.rp.nlioa) Launar Roofing South, Inc. (CoIpOo.re Name) BY ~ ,~Z-" - Prr'S\ ~) Jose Ba , President Attat:A\).~ W\ ~ -~ (~ tlf1"oy) (COR.PORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF: SURETY: ~ 01 Aaal'. carrat _ ....... by Sta.. 01........ __ By: C. -- "".er Burton Harris, Fla. Resident Agent #A111883 (P_.....u...nq......... . ~ IIID JlIO. 1..,.. aJY 01" MIAMI IIIACII DAD: 3IIMI II 01 01..S9P Laumar Roo~in9 South, Inc. Apr-OS- P.07 ~&K."'ICAn:s AS TO CORPORATE num..a;.-AL I, ,catifytllllll_tbl:So... I .J oftbeCo._.....__asl\~ in the begoillg baud; tbal wbosipallbc_lI11llldClll bebllfoftbl: F.:.-.;..... was ~ of said Carpon1ion; that 1 bow bis ~ ..."CO .... bis a.,-- hereto is geouinr:; and IhaI said bond _ duly signed, -t.M., aad - --t fur aad in bd.If of said Corpmwtion by autbori1y ofm ~~...~ body. -.&~ - - '^. ~ ... A...... Sc..idaa1 Seal ST A. TE OF noRmA) .. COUNTY Oilliaml-Dade Before me, . NOClIry Public, duly llOII1"'~. qo..lifWl ... actiDa. pcnoaaUy ......-..d Burton Harris (l) me -U bown, who beiDc by me first duly SWIIhI upoa oIIh, says that be is the Attorney-in-Fact, for the XL Special tv Insurance Co.. aad tIllIt be...1Iec:u ......Q:I.d by XL S,pecial tv Insurance Co. to eutUle the fotqoiJIg baud 011 bdsalf oftbe Cwb_to. IIIIIIICd therein in faVOl" of the City of Miami RrJo<.... Florida. Subscn"bed and sworn befono; tbis 9th day of April . g2001A.D. " NotaIy Public SlaIl ofFbiid& ..lMF (Aaads Power of A1IOme)') MyC'_~~ rw:' Met'cyDU_ * *My co.......... CClI52fl85 \"..,,:'/ Expires June 22. 200t .... NO. ...._ DAR:3tl5M. an or NLUIIItI:AaI It 1 02-.0BP Laumar Roo~;n9 South, Inc. Apr-OS-O P.ll IABOIlAND MATE:RIA:. PAYMENT BOND (5ECI10N - 415. FLA. STAT,) BOND NO. 1039539 BY THIS BOND, We. Laumar Roofing South, Inc. . as p.:_- ;..'. ...s SL Xoecial tv Insurance CornpanJlS ..oI.....Ai.la. u Surdy. .., IIouad to tire City of MiD ~ 'lhtce Ilirlra:l 'll.H1ty Nine 'I1n.Isird ere H.ro:e::I Flrty Florida, as obligee, herein ca1Ied City. in the sum of$'lire arl OO/lar($329 ,149.00) fa- die pa~ of which we bind ourselves, our heirs. pc.~ ''')11' '.':vcs, co [ ......" - 'r. joiady .ad .-aany. THE CONDmON OF TlUS BOND is that ifPriDcipal: P1~y mHcs ....J......lb ro all claimants, as ddut.d in 5MioD 255.05 (I), Fla. SIa.. sappIyiua Prioc:ipal with labor. maraiaIs. Ol" supplies, ...... clindy or iDdin:dJy by PriDcipIl ia die prosecution of the work provided for in the ........-.1; and Pays City 11111-. cIamaaes, hV' .... c:. CM1s, 1IItI.mo...cy's tia, iacludiIIg"""'~ ,. , rl'lp. that the City sn-;"" in enforcement of1his bond. Performs the guanntee ofalllabor an:! mataiaIs Nmisbcd UDdcrlbc _lIo_t fa- tbr:time., [ jfiM in the contract. then Ibis bond is void, otheJwise it ..........;m: in fiill fimlc. Any cbanges in or under die eu.~~ doclRU"'1llS lIIIlI ~i- or ...........,....,..__ wi1h 8IIY fonnaJities COItlw:ctcd with the contract or the chaaaes docs IIlIt afliltt Stlld)"s nhIp;- DIIlIcr tItis bond. The provisioas ofSectioa 255.05. FJa. Sbd., _ ~.ociW-11y '""',*11 by teL-A..s1Dlllc a pIlt hereof for the J'lIfPC*-S specified tbemn.. The contrKtdlrr.d April 3, 2001 WoIIIlCw. dJeCity lIIIlIPa;...q..J is madu.-oftltis Ileal by refcn:oce. c"n.-.u me adviJed 1J.t Serftnq 255.05. f1a. S1at.. ~;- DOIitle... time I:......... .. ...v... wbich must be stric:dy rnoupIYod wida. ... JIIO. ....,. DA TIE: :JtI5o'lIt crrY OI'IlIIAMI-.u:H . Apr-OS-Ol 02:09P Laumar Roo~;ng South. Inc. P.I2 IN WJ'1'NfSS WRQlEOI', tl:c abo'IIe bounded pMtiClS ~ ,-- I dU Baed to lie ~ ~"I"'_ofticUoftbe 9th day of April . lib,... . 1fl2001 wrrNESS: PRINCIPAL: (If _Pl.....da.. ar ....b....~) (Finn N.IDe) BY TdIr. (Sole .......w.......~ PRINCIPAL (lie... ........) Launar Roofing South, Inc. (Corp.... N.me) BY Ow, @z- - P,.-,sl (Praidafj Jose' Ba , President Attest: .J. ~ L (S-J. ""ty) ---. ~ V\. ~_c ) ~ (CORPORATE SEAL) . . SUllE1:Y: Co-_&....... A.....q......... Burton Harris Burton Harris, Fla. Resident Agent #A111883 (hwa ... "*r.,-...... J' ""~ Insurance Company IIID NO. 1>>-_ ern OI'MIAMI-.u:a DAft: 3IIW. 21 01 02'.09P Laumar Roo~;ng South. Inc. Apr-OS- P.13 CIRI1FICA.TESASTOCORPORA'Dnw4urAL 1. .CledifytbatI_Ibe&....a.iaft.:~~ ~:".--'.Pl' ~ in Ibe foregoiDs bcmd; Ibal who sipod 1111: Slid baed aa bcbIIf af_ PIi' ~~ _ Chen of said eu",ulbuG; that I bow his V . ,~ IIIIIl bis ;r-~ baal is gmuiDe; and that said boDd _duly ciIP"'\ -l<<:d. .......... tell for IIIlI ill IIdIaIf of _ Cu.1-......... by autbority of its IOvcming body. jtc. Sec.dlo&f VA. U.... Seal STATE OF FLORIDA) - COUNrY OI'MIAMl..DADE BerOR: IIIC, a NOlaIy Public, duly con>mi<<ioacd, cpllllifiM IIIlI ....;... pco--Xly ......-...4 Burton Harris 1IllDl:l.INd!.~ wbo.beiDgbymc hcl&iy ~upon'" saystl.l he is the Attorney in Fact, for the XL Specialty Insurance Co. IIIlIIbId be bas bem ......;...1 by XL Special ty Insurance Co. to CXClC'IJfe the 1i.n'au:' baed on bdIa1f oflbe Cuub....au. __ therein in favor of the City orMiami ~. Florida. Subscribed and ~ April . ft)2001AD. (Attach Power of AlIomey) My ~i..... &pins: ~..... Mercy 0 UirInda * *My ~ CC852lIOll "..~ Expi... June 22. 2001 BID NO. ..,.. DATE:: Ylftl C1TY OF MIAMI JIII'.AOI Z2 FLORIDA DEPARTMENT OF INSURANCE BURTON VICTOR IIARRIS License ~111883 IS uceaeoro FClI..l.Oll'./N lJRNCE: General Lines (Prop & Casl Ins Co EmPi',dj - Prop &: Cas_ -.- ~ ~ .",.,:>i-...~ ....:-- ThisIiolMee musthaWtan ....l'ppoi .tl...twith1hein5Ul8l'or~1or wtlich pnxIuc:ts or seMo8s are 'being rnadaetied. See ,.,...,foradditionef - . \","'..;" "", , <'j,;,':',:"> i"'::":,i;. >~!::S"PECI ALTY BOND NO. 1039539 ~__,-:-,__,-_"-r----,-_____:-o'-'~ AN XL CAPITAL COMPANY , ' , LIMITED POWER OF ATrORNEY , I<NOW,NL ~$l aYTliESE pRllSEN1s: ThaI the XL SPECIALTY INSURANCe COMPANY. a cOQlO11'tion OtPIlizedand existing by virtue nfthel~ws of the State of minois ("Comp.my" or "Corpc;,.tion"). does hereby nomihate. constitute 'and appoint. Burton Harris atul Christine M. Reed as employees of Security Bond Associates ofM"uuni, its nut and mwful Attori1ey(s)-in-fact to make. execute. attest, seal and deliver for and 00 its behalf. as .urety, and as ~its act and deed. whore required. any and altOonds, undertakings. ,-ccognizances and wrinen obligatioll5 in the nature thereof, the penal sum of no one of which is in any event to exceed $5,000,000.oO)lS required by1lurety Obligees. SUCh bonds and undertaki~gs. when d~ly executed by the aforesaid AttOmey(s loin-fact shall be binding upon the said Company as fully and to the same extent as if 5uch tionds and .n4erlat<inss, were sign~ by the President and Secretary of the Company and sealed with its corporate seal. This ,power,.r ";'1\!lrneY is granted and i$ signed by facsimile under and by the authority of the following Resolution adopted by the Board of Direct0T5 orthe Company on thdth dafof December. 1988: ' ' ~"RESOLVED'oThat the President, VI" any Vice President of the CompaIlY oranY1"""'n designoted by any oneofthemlS hereby authorized toixecute Powers of AttOrney qualifYIng1he attorney named in the giv#, P"wer of Attorney to execute in \>Chalf of the Company,1londs. undertakings and all contraCtsofsuIity>hip, ~ and that any SC1CretarY or any Assistant S..-ry of the Company ~be, and !hat each orcaDY of them hereby is aUthorized to atteSt the el<CCUtion~~f.oy such Power ofA_,andto~_hthereto_thaSealortheCOmparty.~ ~ n ~ ~ ~ ~ ~ , FURTHER RESOLVED. That (he 'siptulC ofs~ch officers and the Seal of the Company may he affized to any such Power of Attorney or to any certificate ',lelating thereto hy l'ocsimlle, and any such Power of AttOrney or certificate hearing such l'acsimile signatores or facsimile seal shall be lhmafter valid and bi~ding Upon lhe'Cqrnparty -Mth respect to allY hond. u~dertaking Or con~t of suretyShip to which it is attached." Bonds executed under this Power .of AttOrney may be executed under facsinlile signature and seal pursuant to the follO-Mng Resolution adopted by the Board of Directors of the COI"P",:Y ""AlIgnS! 1, 1997. ~ ~~ ~~ - ~ ~ - ~~ ~~ ~ ~ ~ ~ ~ ~ _ 'i!EsOLV:Eb.~1'hat the $ignaiUre ofS!anley A. Galanski,aS President of thi. Co_iiOtt. and the seal (jf!his~CorpoiJtion may be affixed Or piint<idml any and ~ ;~~=:~-:~tr~;f,:~~~~~~oJt~f':,~S;~::'l'~~?~;;:~::'~.:~:~tr.:te"::t::I:~~'1>Y~ bearing such ~imile signature or facsimile seal shall he valiil and binding upon the Corporation." IN WiTNESS WI1~O~. the ,XL SPECIALTY INsURANCE C~MPANY has caused its ~orpOTllte seal to be hereunto affixed, and these presents to be .ighed by its dulyauthoriMoffioers this 3rd day or January. 2000. ' 'XL SPECIALTY INSURANCE COMPANY >~ r:~-~-__/. ~ .c~ c ~~~~~ :-~. '~::e::-- ""~_:_ ___ _-,~ ------- __~7--7 --,' - -"--'-'---'~ ---,---- __-_0.- ,-' -~-- BY;::~C~ d_: - ~ ',c~.~' _~~ > ~ ~~.: ~ " - _.-~~ -c Attest: ~" '" -,' , ' ' ",""... .,-,' "" '._', =~: -;-, ,---,'- PRES)DEN1'- ~ ~ - - -- _,__ n_ _.- --- ~ ~IUETARY ,. ~"~ -- ,.- -- --- STA'lllOF q lINOIS col.JNrt OF COOK ss.- - - . ~ - ~ On thi. 3rd day of Jal\uary. 2000. hefore me personally came Stanley A. GaJanski to me known. who. being du1y sworn, did depose and say: that he is President of the Corporation de$ci;hed in and wl>ich execut~ the ahove instrUment that he knows the Seal of said CorporatiOn; that the seal affixed to the aforesaid instrUment i. such CO_te seal and' was affix~ thereto by oider and aut\1Qrity of the Board of Directors of said Company; and that he executed the said inatrUment by like order and authority: ' , -" , - _ OF-FIC1Al,:S~-'---':~ ~ ~OETllil<.<:A$1RO ~AAY_~5T,A-1t(lf~-- _n_ --- -~121t:303-- 'J 111m:;:{ {J114A 0 'tfD:--?:;~di~R: fOWc _~ ;-_- STATE OF lublblS ' ' COUNTY O~C<X>K . sa. . . ,.. . ' I, Ben M. Lmneta, Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State ofUlinois. do hereby ci:rtify that the'ahove and foregoing is a full. trUe and clllTCClCOjlY of Power _of AttOrney isaueQ. by.said Con1pany.~d that ihave~ compared same -MthJhe original and that it is a correct trailacript the~rn and of the whole of the miginal ana thOt the said Power_of AtiOriley is still mfuUf....."110 eltect and has ~oot been revoked. ~ ~ . ~ IN WlTNESS-WH8J\EOf, I have hereunto set my ....d ~nd affixed the seal of said Company. at the City nfSchaumburg. this 9th~:<layof April ~ - ~ ~~ ~ ~ ~ 2001. ~ ~ - ~~ '"::,:","':'::':':',':~:,:,":,:"::,:,:",::::,,,, f~~ rif{ ~:-\~\ a;-;::~~~' {~\..~E^~M "-~/ ~ .." - ,--- -- - '. - - - . .. . - ~