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HomeMy WebLinkAboutR-93-02520 RESOLUTION NO. 9 3 `" 252 A RESOLUTION REJECTING ALL BIDS RECEIVED IN CONNECTION WITH THE DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK H-1008 PROJECT; FURTH DIRECTING THE CITY MANAGER TO SEEK NEW BASED ON SUCH SPECIFICATION AS HE S APPROPRIATE FOR THE PROCUREMENT OF SER S FOR SAID PROJECT, AND TO BRING BACK S SOURCES AND SPECIFICATIONS TO CI COMMISSION FOR REVIEW AND APPROV WHEREAS, pursuant received on March 5, Restoration - Phase II H-1008; and WHEREAS, only (93 by the March 5,("Hayden") ante to public 4n,� bids were 1993 nn r Key Marina R&1bil iers and Baywalk firms knitted bids for said project Jade: Hayden Enterprises, Inc. Inc. ("Cone"); and ted, Cone's was the lowest price n protest claiming that Cone's bid was Cone did not obtain a Dade County y, which was a prerequisite to the I n4ofid; and Ee City Manager recommended that Cone's bid be despite the purported irregularity of its bid as noted n's protest; and Rescinded by R-93-313 l WHEREAS? the City Commission at its meeting of April 15, 1993, considered Hayden's protest and the C Manager's recommendation to accept Cone's bid; and WHFSREAS, the City Commission determined that there ma ve been irregularities in the Advertisement for B and '- Instructions to Bidders with regards to th Dade unty Certificate of Competency which could have mislead ial actual bidders and stifled competition; NOW, THEREFORE, BE IT RESOLVED BY COMMISSI F CITY OF MIAMI, FLORIDA9 Section 1. The recitals and ing fined in the k_. Preamble to this Resolution pt d by reference- thereto and incorporated in if fu set forth in this f� Section. Section 2. bids re ed in connection with the LIM Dinner Key Marina R toration '*Phacee II Rehabilitation of Piers and Baywalk H- 8 a ereby 'jected. Sectio The anager is hereby directed to seek new bids, b uc pecifications as he deems appropriate for the p urement of s ces for said project, and to bring back sa sour an cif to the City Commission for its FW. This Resolution upon its adoption. - 2 - Rescinded by R-93-313 PASSED AND ADOPTED this 15th day of ATT ......._ ... MA Y Al CITY CLERK PREPARED AND APPROVED BY: CARMEN L. LEON J ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORREC — 3 — Rescinded by R-93-313 1993. . .avru-ma r CITY OF MIAM1, FLORIDA23 = INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE of the City Commission SUBJECT: c FROM REFERENCES Cesar H. Odio City Manager ENCLOSURES FILE H-1008 sluton�rJaarding Contract for the DINNER KEY MARINA RESTORATION - PHASE 11 REHABILITATION OF PIERS & BAYWALK It is respectfully recommended that the City Commission adopt the attached resolution accepting the low bid of Cone Constructors, Inc., a company not located within Dade County and not within the City of Miami, for DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS & BAYWALK H-1008, received March 5, 1993 in the amount of $2,875,430.00, Total Bid, Base Bid plus Additive Item No. 1; authorizing the City Manager to enter into a contract on behalf of the City. The project consists of the complete repair of Piers #3 through #8 and the landside facilities including the Baywalk, Vacuum Sewer Building, and related equipment damaged or destroyed by Hurricane Andrew. The final repairs to Piers #1, #2, and #9 and the installation of channel navigational markers are also included in this project. Amount of $2,875,430.00 $ of Cost Estimates 89.86% =st Estimates $3,200,000.00 Source of Funds: Pending Claim Settlements and Federal Emergency Management Agency (FEMA) Pending Claim Settlements and Capital Improvement Funds Minority Representations 11 invitations mailed 30 contractors picked up plans &,specs (11 Hispanic, 1 Black, 1 Female) 2 contractors submitted bids (0 Hispanic, 1 Black, 0 Female) public Hearings,lNoticess No public hearing ,Uessable Projects No P- ' LIC WORKS bEPAR'1'1VIENT FACT SHEET HURRICANE ANDREW RECOVERY CONSTRUCTION PROJECTS DATE 3/311"J JOB #: 1+1006 PROJECT NAME DINNER KEY MARINA RESTORATION - PHASE 11 DSR 0. LOCATION: 3400 Parr American Drive TYPE: PROJECT MANAGER: Alen Poms INSURANCE C� ASSOCIATED DEPARTMENT: Parks & Reemation RESOLUTION #r: ADOPTED BID REQUEST: FORMAL INFORMAL EMERGENCY DESCRIPTION: the project consist of the furnishing of all labor, materials and equipment for the complote repair of Piers # 3 dwough #E8 and the landside facifities Including the Saywalk, Vacuum Sewer Building and related The final ro ra to Piers #t1, #E2 and # 9 and the installation of channel navigational markors are also included in this prot. If NECMMr, CONT NUE ON IM BAM SCOPE OF SERVICES: CRY OUTSIDE EST. AMOUNT (%0F CONsr. COST) afut. INbew DESIGN / ENGINEERING / SPECS • Q $ % BLUEPRINTING AND ADVERTISING • Q S (E) CONSTRUCTION Q t (E CONST. INS?. A MANAGEMENT • $ 2,875,430.00 (E) % p0maw wawa. ar arr l —.� OTHER 0 s (E) • Any acaaf reirhwssW do&Vn and arrpbr aft aepwww TOTAL s 23875,430.00 CONTRACTOR'S INFORMATION: Cbm J s Nen. Minedt7 Type of Work: MARINE CONSTRUCTION Mtrneith 0 M . F Yeses of Eabblisbmest: 10 yeah Llama C0001 MMI Nana Cone Coaatrndon, Ina. TekpMoe (81 8374951 A"a 6735 Ito. Loin Avwkw Tama FWda. 33816 CLASS: a-jowrr ►mp wwE ssw Coated Pries: Min L Can MINONff : a -sum N-mmAwc F-Fami SUB -CONTRACTOR Names: S.E.RLL - E/ocirkai gusty M"D - Ph 009 bu ne/ Foundatiat - Subaqueous Inspection i Carpentry '°" NOT e�s�eor+e+a+eerorresu�gnaorre+l wa r i i i 93- 252: ��YdI�I11111YliNYYi�ulil a o� .I III i 1 FORMAL BID DINNER KEY MARINA RESTORATION - PHASE II Project Number H-1006 Project Manager: AIA `u PUS Person who received the bids: ALUM PONS/N. PANtOJA Consbuctlon Estimate = S 200 000 d0 BIDDER cobs CoMWE INC- ADDRESS 6M S. LOI3 J BID BOND AMOUNT IRREGULARITIES MINORITY OWNER No 7 2 1 I DESCRIPTION UNIT TOTAL PRE * UtRFGULAltr IES LWEND • - no >buisr-et-Altemey ioD 'eMrAkWK am to CKP" c — coe+r.e as'�'b' of Booms�wm► C" s - Vaal"" aa sndcass bid O - ItapcoPer Tsd Hand N - Bid g�atxment I - no First sossw � - 1h Wilmw CYrm x no 0ticate Pr 4"d - - A r a :anew _ 957 CiP Number: 414b0i j41 Date:-i4J&4J2- Received at: CITY CLERKS OTME Time:_ i i:0o J►'it. M S.W. 71 AVE- ML Ft_ S CHK $ 158.897.25 NO UNIT TOTAL PRICE $364,800 91 Q12" *150.0w IT HAS SEEN Ul:lUMMZU 131 i IM „nr Fu%"u`, . _ - THE LOWEST RES'PONSrM AND RESPONSIVE 9M IiS FROM mw"wfr rn9_ INC. _ FOR THE TOTAL AMOUNT_ I c e r c 3 c 1 c r ,.,,. ADORNO & ZEotR A PROrtSWONAL ASSOCIATION ATTORNEYS AT LAW 2601 SOUTH SAYSHORE DRIVE ` SUITE 1600 MIAM1, FLORIDA 33133 ma. owd ONE OOCA PLACE l2115 CLA018 ROAD SUITt 3411W SOCA "ATON, rLORIDA 23421 TELt:PHONt (407) 904-4411 TtLEtAR (401) 997.7173 city of Miami 3600 Pan American Drive Miami, Florida 33131 TCLEPHONE (305) 669-555IS rAX (305) 958-4777 Siubmitted into the public record in connection pith item on � . Matty Hirai City Clerk Y'lI? t4 1 NEW RIVER Ct NTCR, SUITE K00 200 EAST LAS OLAS NOULCVARD rORT LAUDERDALE, rLORIbA S330t TCLtPHONC (30S) 932-OOSO 7CLCrAx (309) 832-0350 WRITCR'! OIRCCT NO.: PLEAft RCPLY TO: M IAM 1 OIrrICt DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK H4 008 This firm represents Cone Constructors, Inc. ("Cone', the lowest responsive and responsible bidder on the referenced project. Cone has compiled in every respect with the bid documents and applicable City of Miami (the "City") and Metropolitan Dade County ("Dade County'5 ordinances. As counsel for Cone, we wish to respond to the allegations raised by Mr. Richard Weiss, attorney for Hayden Enterprises, Inc. ("Haydenl, the second low bidder. I. Cone, as low bidder, has the proper licenses and Certificate of Q=R92npyo_R2&rm the work a, quired in the Clfir's bid or000sal• Setting aside the fundamental fact that Cone's bid Is roughly $200,000.00 lower than the bid of Mr. Weiss' client, the objection to Cone's bid is frivolous. Mr. Weiss assertion that Cone does not possess s Certificate of Competency in accordance with the "instructions to Bidders" Is without merit. The "instructions to Bidders" (a copy 0 which Is attached as "Exhibit "Al state LICENSES: As a prerequisite to the submission of a Bid, the Bidder shall hold a valid Certificate of Competency, In the appropriate trade required for the work, issued by the appropriate examining board of Metropolitan Dade County. The bidder shall submit a copy of said Certificate with the bid. The "Advertisement For Bid" (a copy of which Is attached as Exhibit 0131 states 93- u�- 252 i I511 -- ONE BOCA PLACE 213S GLADES ROAD V-'� $UiTk 3+IttW •OCA BATON, flOR1OA 33431 TELEPHONE (407) 994-4411 —. TELtFAx (407) 997-7173 City of Miami 35M Pan American Drive Miami, Florida 33131 AoosgNo & ZEDER A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 2801 SOUTH DAYSHORE ORIVE SUITE 1600 MIAMI, FLORIDA 33133 TELEPHONE (305) 858-565!5 fAx (305) 658-4177 Submitted into the public Ord in connection i th. Mcitty Hirai City Clerk YA NEW RIVER CENTER, SUITE $400 200 EAST LAS OLAS BOULEVARD TORT LAUOtKOALt, fLORI6A 7133Of TELEPHONE (305) 832-0050 TELtfA* (305) 632-0250 W*1710'0 b►Mtet NO.: h.tA" REPLY TO: MIAMI OffICE DINNER KEY MARINA RESTORATION - PHASE ii REHABIUTATION OF PIERS AND BAYWALK H4008 This firm represents Cone Constructors, Inc. ("Cone"), the lowest responsive and responsible bidder on the referenced project. Cone has compiled in every respect with the bid documents and applicable City of Miami (the "Cito and Metropolitan Dade County ("Dade County") ordinances. As counsel for Cone, we wish to respond to the allegations raised by Mr. Richard Weiss, attorney for Hayden Enterprises, Inc. {"Hayden"), the second low bidder. ♦'lil 7177, ' 11 '1 ll' ill Ul.i .i' k 1'. �! 1 illeil1T' 1•. Setting aside the fundamental fact that Cone's bid Is roughly $200,000.00 lower than the bid of Mr. Weiss' client, the objection to Cone's bid is frivolous. Mr. Weiss assertion that Cone does not possess a Certificate Of Competency in accordance with the "Instructions to Bidders" is without merit. The "Instructions to Bidders" (a copy of. which is attached as "Exhibit "AJ state LICENSES: As a prerequisite to the submission of a Bid, the Bidder shall hold a valid Certificate of Competency, in the appropriate trade required for the work, issued by the appropriate examining board of Metropolitan Dade County. The bidder shall submit a copy of said Certificate with the bid. The "Advertisement For Bid" (a dopy of which is attached as Exhibit "B") states IT .�. «� ..•: .: :• 93- 252; Code's Response to the City Page 2 Cone has fully complied with all of the bid requirements. Cone is a State of Florida certified and licensed general contractor, pursuant to Chapter 489, Florida Statutes. Cone has also met all requirements of Dade County, set forth in Chapter 10 of the Dade County Code, to serve as a general contractor. A copy of Cone's Dade County registration bearing Certificate of Competency Number {"C.C.N.") CGC016903 was made a part of its bid packet (attached as Exhibit "Cl. The certificate was Issued on March 3, 1993, prior to the bid date of March 5,1993, by authorization of Carlos Bonzon, Secretary of the Construction Trades Qualifying Board and Is valid through September 30, 1993. This certificate of registration was issued by the appropriate examining board of Metropolitan Dade County, the Construction Trades Qualifying Board and constitutes a valid Certificate of Competency in accordance with Section 10-3 of the Dade County Code. As far as Dade County Is concerned Cone Is properly authorized and certified to do business as a general contractor in Dade County and is in good standing having met all County requirements. This is confirmed in a letter dated March 26, 1993 (attached as Exhibit "D'J from Carlos F. Bonzon, Ph.D., P.E., Secretary of the Dade County Construction Trades Qualifying Hoard confirming that the "registration of Cone Constructors, Inc., bearing C.C.N. CGCO169M and issued March 3, 1993 is a valid Certificate of Competency to perform as a general contractor in Dade County, Florida in accordance with Section 10-3 of the Dade County Code." (Emphasis added). It is dear from the language contained in the City's bid packet that the City wanted to limit bidders to only those contractors which were certified in conformity with Section 10.3 of the Dade County Code entitled "Certificate of Competency required to do business" in Dade County. This is consistent with the Dade County Code's mandate, contained in Section 10-3 and attached as Exhibit "E", that No person or entity shall submit a bid, nor shall any contract be awarded, on any... municipal public works project in Dade County unless such person or fine has complied with subsection (a) of Section 10-3 .... The City does not have its own licensing and examination board for contractors, as permitted by Chapter 489 of the Florida Statutes, and instead relies upon the Construction Trades Qualifying Board established by Dade County. The requirements for obtaining a Certificate of Competency through Dade County are set forth in Section 10-3 of the Dade County Code. Compliance with Dade County requirements are met through local registration of a contractor's State certiftation (§ 10-3(a) (1)) or through state registration of a contractor's Dade County certification (§ 10-3(a)(3)). Cone complied with the requirements by taking and passing the required examinations administered by the Florida Department of Professional, obtaining its general contractor's state-wide certificate of competency, and then going through Dade Couniy's registradon procedures. ADORNO & ZEDER 93- 252 A PROFESSIONAL ASSOCIATION The State Legislature has specifically provided for both a State and Wal method of examining and certifying contractors performing work within Florida. Pursuant to Chapter 489, Florida Statutes, the Mate set forth a means by which a contractor must y apply for and take the appropriate examinations, administered by the Department of Professional Regulation, in order to be certified state-wide. A general contractor certified state-wide is not subject to further examination or certification In order to perform as general contractor In any county or municipality In Florida. ft Sections 489.105(8), 489.113(4), 489.131(6), Florida Statutes (Supp. 1992). Copies of the relevant state statutes are attached as Exhibits "F". Section 489.105(8) states: "Certified Contractor" means any contractor who possesses a certificate of competency issued by the department [of professional regulation] and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction. Chapter 489, also provides that counties and municipalities may establish their own licensing boards, exams, and testing of any contractor who is not otherwise certified state-wide and who wishes to perform work in that geographical area. Section 489.131 states in part: (1) This part applies to all contractors, including but not limited to, those performing work for the state or any county or municipality. (6) (a) Municipalities or counties may continue to provide examinations for their territorial areas, provided that no examination is given to the holder of a (certificate of competency issued by the Department of Professional regulation]. Cone is a general contractor certified state-wide, and therefore, has been exempted by e State legislature from having to go through municipal or county certificati to on or examination procedures. &W Sections 489.105(8), 489.113(4), 489.131(6), Florida Statutes (Supp.1992). However, Cone does have to register in Dade County if it Intends to comply with the Certificate of Competency provisions of Section 10-3 of the Dade County Code and obtain a license in Dade County. Cone has dons that. Assuming, by way of example, Cone was not certified state-wide but was certified In some other county In Florida, or was certified out-of-state, or was not certified at all, then Cone would have to be specifically examined by the Dade County Construction Trades QmHyft Board In order to perform work in Dade County. fin Attomey Genered Opinion W73 (September 5, 1990); Attorney General Opinion 87-21 (March 11, 1987) (the State "has ADORNO & ZEDER A PROCESSIONAL ASSOCIATION 93- 252 Cove's Response to the City Page 4 specifically determined the prerequisites for such a contractor to engage in contracting In any area of the state, no municipal regulation on this point is authorized"}. Copies of these opinions are attached as Exhibits "G". Finally, the case of Cb of Omar Locka V. Trustee of Plumbing Industry Promotion Fund, 193 So.2d 29 (Fla. 3d DCA 1966), cited by Mr. Weiss, does not apply here because Cone had a valid certificate of competency to perform the work bid on prior to the submission of its bid. That case dealt with a contractor who did not have a valid license prior to bid submission. Mr. Weiss' competency objection, in his letter dated March 19, 1993, is dearly contrary to State law and Section 10-3 of the Dade County Code. The Implication that Cone, a general contractor certified state-wide, has to be separately examined in Dade County is surely wrongs That is not what is meant by Chapter 489 of the Florida Statutes, Chapter 10 of the Dade County Code, nor by the City's staff who wrote the bid specifications. Cone is competent to perform as a general contractor in Dade County and complies with all City bid requirements : • 1 i 1 , • • • • • • 1 • • •1 • 1 1 �� �111114TUTTT17'.� i Mr. Weiss, in his letter dated March 19,1993, asserts that Hayden has been the model corporate citizen deserving of a ten percent bid preferential. We believe you should focus on three components in making your determination of whether Hayden should receive a local preference: (1) whether Hayden had the proper occupational licenses to operate a business in the City prior to the submission of its bid; (2) whether Hayden Is able to operate a construction business in the middle of a residerwal neighborhood; and (3) whether Hayden's operation in the City is of sufficient significance to justify paying roughly $200,000 more than the lowest responsive and responsible bidder. 1. Hayden appears to be playing fast and loose with the system. It is true that Hayden has an occupational license in the name of Hayden Enterprises, Inc. D/B/A J J Shane Co. to operate an "administrative office" at 3025 Blaine Street, Coconut Grove, Florida. This license was first obtained on March 15, 1993, ten days (10) days after the bid opening. A copy of a computer -generated print out obtained from the City's Finance Office, Customer Service Section evidences this fad. A copy of this printout is attached as Exhibit "H". The "Date Charged.* "Date Billed' and "Date Created" all reflect 031593". This is an Initial license, In contrast to a renewer! (if this was a renewal, the "Paid -To -Date" amount would be greater than the "Total BMW amount). The lJcense Creation Date" also is 031593". Also irative of the fact that 3025 Blailne Street was not Hayden's primary office address, at least prior to the bid opening, Is the current telephone directory listing for Hayden. This listed Hayden's hakwss address at 4532 S.W. 71 at Avenue, Dade County. A copy of the 1992-93 telephone hating is attached as Exhibit or. ADORNO & ZEDER 93- 252 A PROFESSIONAL ASSOCIATION Cone's Response to the City Page 5 2. The second issue is whether Harden had the correct permits and zoning to operate an office in a residential area. Attached as Exhibit V is a copy of page 45 of the City"s Zoning Atlas showing that 3025 Blaine Street is zoned R-2. R-2 is single family residential -duplex zoning. The City's Zoning Code prohibits commercial uses In residential areas subject to a limited exception for "Home Occupations" pursuant to Section 906.5 of the City's Zoning Code. 906.5 a copy of which is Cached as Exhibit "W imposes a number of limitations and requirements on "Home Occupations": (a) The home occupation shall be conducted by not more than two persons, one of whom shall reside on the premises. (e) No traffic shall be generated by such home occupation In greater volume than would normally be expected in the neighborhood .... (1) A home occupation shall be subject to all applicable city occupational licenses and other business taxes. (Emphasis added). Even assuming that Hayden's operation Is operated primarily out of this location, a "Home Occupation" use still requires special approval by the City. A copy of the City's Application for Class 1 Special Permit, which is applicable to "Home Occupations," is attached as Exhibit V. The City's Planning, Building and Zoning Department, in a letter dated March 22, 1993, a copy of which is attached as Exhibit "M", stated that a search of its records revealed no information concerning a Variance, Special Use Permit at 3025 Blaine Street. Apparently, Hayden got some kind of approval from the City in order to obtain its occupational license on March 15, 1993--ten days after the bid opening — however, the license Hayden obtained states "Administrative Office." This would strongly suggest that this is something less than an active thriving business headquarters for a large construction and engineering company. Moreover, according to Section 906.5(Q of the City's Zoning Code, even 0 Hayden was able to satisfy all other requirements, it still did not have its occupational license as required until March 15, 1993, some ten days after the bid opening. Therefore, ff Hayden maintained an office in the City prior to March 5, 1993, the due date of the bid, then this office violated the City's Zoning Code. 3. Finally, even if Hayden could legally operate a "Home Operation" out of this duplex and had all of the necessary licenses prior to the submission of its bid, Hayden's business contacts or nexus with the City are so minimal --including taxes generated and paid in the City, employees employed M the City, and overall operations in the City —as not to justify the City paying an additional $200,000, by accepting a significantly higher dollar bid. Public policy strongly suggests awarding the bid to the lowest dollar responsive and responsible bidder absent strong and overwhelming facts to the contrary. Those facts are not present here. 93- 252 ADORNO & ZEDER A PROFESSIONAL ASSOCIATION Cone's Response to the City Page 6 "- •ill: _. .1: _..: City staff, including the Office of Procurement and the Office of the City Attorney, thoroughly investigated the allegations raised in Mr. Weiss' letters regarding the competency of the low bidder and his claim that the second low bidder should be given a local preference (the two issues addressed above). Ms. Judy Carter, City procurement Officer, met with counsel for Hayden and for Cone regarding both issues. Each side presented detailed arguments along with all supporting documentation. Cone's presentations to staff are the same as set out in Sections i and 11 above. After hearing the presentations of counsel and reviewing all memoranda and documentation in support of each side's position, staff concluded that the bid should be awarded to Cone, as low bidder, meeting all specifications and requirements. A copy of staffs recommendation is attached as Exhibit "N". In conclusion, Cone, as low bidder, has complied with the plain reading and intent of the bid documents and has the appropriate licenses and certifications to bid on the referenced project. Hayden does not warrant the local preference exemption from the City based upon the facts of this case and Hayden's post -bid shenanigans in applying for a City occupational license ten days after all bids have been opened. Please do not hesitate to call me at 250-7102 should you have any questions. exhibits attached Sin rei &nil AI z AOORNO & ZEOER A PROFESSIONAL ASSOCIATION 93-- 252 w INSTRUCTIONS TO B I DOE R S 1. SUBMISSION OF PROPOSALS: Submit Proposals on Forms as furnished In the Bidder's envelope. Please note that the Bid Security, as described in Item S. next page Is to be placed In the Identified envelope for that purpose. DO NOT USE THE PROPOSAL FORM IN BOUND SPECIFICATIONS. Submit the Proposals and Bid Security, in the appropriate envelopes provided, which shall be sealed and marked so as to clearly Indicate the contents and the name of the Bidder. Please place the Bid Security envelope Inside the larger manilla envelope when submitting the proposals. (a) If forwarded by mall, the abovementloned envelopes Shall be addressed to the City Commission, c/o City Clerk, City of Miami, City Hall, 3500 Pan American Drive, Miami, Florida 33133, and sent by registered mall, to arrive any time prior to 5:00 P.M. of the last working day preceding the date for opening of Bids, as stated In the Advertisement for Bids. (b) If forwarded other than by mail at any time prior to the date for opening of Bids, It shall be delivered to the City Clerk at the above location. (c) If delivered on the date of opening of Bids. it shall be delivered to the City Clerk at the location and on the date and prlor'to the time. all as stated in the Advertisement for Bids. ULICENSES: As a prerequisite to the submission of a Bid, the Bidder shall h01d a;va1Id Certificate of Competency In the appropriate trade -required for the work, Issued by the appropriate examining board of Metropolitan bade. County The bidder shall submit a copy of said Certificate of Competency with the bid. As a prerequisite to the signing of a Contract, the Bidder and all the listed Subcontractors shall hold a current County Municipal Occupational License as Issued by Metropolitan Dade County for the performance of work in the City Of Miami. All Bidders shall Investigate the necessity of compliance with the requirements of the Florida Construction Industry Licensing Board, which fixes registration and certification procedures by the State of Florida. 3. ONE PROPOSAL: Only one Proposal, In duplicate originals, from an Individual firm, partnership or corporation under the same or different names will be considered. If It is believed that a Bidder Is Interested In more than one Proposal for the work Invo.lved, all Proposals In which such a Bidder Is Interested will be rejected. Rev. June 91 t 93 25,E 00010 810 NO. 92-93-048 ADVEATISEMENT FOR BIDS Sealed bids for "DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS 8 SAYWALK H-1008" will be received by the City Manager and the City Clerk of the City of Miami, Florida at 11:00 AM on the 5th of March, 1993, at the City Clerk's Office, first floor of the Miami City Hall, 3500 Pan American Drive, Dinner Key, Miami, Florida, 33133, at which time and place they will be publicly opened and read. Any bid submitted after the above appointed time will not be accepted by the City Clerk. The project consists of the furnishing of all labor, materials and equipment for the complete repair of Piers *3 through *8 and the landside facilities including the Baywalk, Vacuum Sewer Building and related equipment. The final repairs to Piers w1, w2, and M9 are also Included In this Project. Bidders will furnish performance and b i d bonds In accordance with Resolutions NO. 86-983 and No. 87-915 . For technical questions regarding plans and specifications, please contact Allan Poms, A.I.A. at (305) 579-6865. Prospective bidders will be required to submit, with their bid, a copy of the a g r. Certificate of Competency, as Issued byMade County, which au or xes the bidder to perform the proposed work. All bids shall be submitted In accordance with the Instructions to Bidders and Specifications. New City regulations will require each bidder to submit proposals In duplicate originals. Plans and specifications may be obtained from the office of the Director of Public Works, 275 N.W. 2 Street, 3rd Flour, Miami, Florida, 33128, on or after February 17, 1993. - If bidders wish, a set of plans and specifications will be mailed to them by writing to the Department of Public Works and Including a separate check for $8. There will be a $20-deposIt required for the first set of plans and specifications. Additional sets may be purchased for'a fee of $20 per set and this is not refundable. Deposits will be refunded only upon the return of one set of plans and specifications to the Department of Public Works, unmarked and in good condition within two (2) weeks after the opening of the bids. Bidders are alerted to the provisions of Ordinance No. 10062, as amended regarding allocation of contracts to minority vendors. The - City will expect prospective bidders to submit an Affirmative Action }_ Plan, as defined in said Ordinance, and as required In the Instructions to Bidders. The City of Miami has adopted Ordinance No. 10032, which Implements 4=0*, the "First Source Hiring Agreement." The object of this Ordinance Is to provide employment opportunities to City of Miami residents on —_ contracts resulting In the creation of new permanent Jobs. Contractors may be eligible for wage reimbursement under this = program. For further information contact the Department of Public Works, City of Miami, at (305) 579-6856. Proposal Includes the time of performance, and provisions for liquidated damages for failure time. The City Commission reserves the Informality In any bid, and the City Manager bids, and readvertise (H-1008, Req. 5693). Eli`" Cesar h, City specifications contain to complete the work on right to waive any may reject any or all H. Odlo Manager 93- 2 5 ,;„fir 1. . : �.• �. -EZ JL 11,Ll.i.i.'y.lflw�i.!:.�s/�a.~'�rYu i...t..iJ".�lt..��✓"�i.�..i��4r"YI:dV: w�D�.�►•f15R1•ti..�:.. • • �.'i'�.'�iili�i�ilaZ.�iai1:..+i.iR.�;.�}i+iYWY1W�JWiiWi:li�+Y�ii BUILDING AND ZONING DEPARTMENT III HW 1ST STREET MIAMI, FL 13128 10TH FLOOR. SUITE 1010 STATE CONTRACTORS CERTIFICATE Of REGISTRATION ISSUED MARCH 03, 1113 THIS IS TO CERTIFY THAT CONE CONSTRUCTORS INC D/8IA C.C,N. CGCOIL403 TRADE BUILDING HAVING MET THE REGISTRATION REQUIREMENTS OF METROPOIDE COUNTY. IS HEREBY REGISTERED AS A CONTRACTOR IN THE FOLLOWING ATECORY(S) 04 GENERAL (STATE) WITH ALL WORK TO BE DOME UNDER THE DIRECT SUPERVISION AN) CONTROL Of QUALIFYING AGENT CONE MIKE L S.S.N. 366.1�•0331 a CONE CONSTRUCTORS INC THIS REGISTRATION IS VALID UNTIL` 6735 S LOIS AVE SEPTEMBER 30. 013 TAMPA fL 33616 $Y_CAR Lo AlilN R3��tI0N ��' StCktt,A: : A�� ALTERATION. REPRODUCTION OR TRANSFER Of THIS CERTIFICATE IS PROHIBITED March 26, 19993 TO WHOM IT MAY CONCERN: This is to confirm that the attached registration of Cone Constructors, Inc., bearing C.C.N. , CGC016903 .and issued March 3, 1993 is a. valid Certificate of Competency' to perf orm as a general contractor in Dade County, Florida in - accordance with Section 10-3 of the Dade County Code. Please call me at 375-2540 should you have any questions. Sincerely, Carlos F. Bonzont Ph.D., P.E. Secretary, Construction Trades Qualifying Board BUILDMG & ZONING D0 METRO4)ADE CENTER 111 N.W. FISTREET RST 1010 MU4MI, FLORIDA 375 March 26, 19993 TO WHOM IT MAY CONCERN: This is to confirm that the attached registration of Cone Constructors, Inc., bearing C.C.N. CGC016903 and issued March 3, 1993 is a valid Certificate of Competency to perform as v8i heneral Section lOr3 contactor the Dade County Code.rs.da in accordance Please call me at 375-2540 should you have any questions. Sincerely,, Carlos F. Monzon, Ph.D., P.E. Secretary, Construction Trades Qualifying Board Carlos F. Bonaon, Ph.0: r P. - Secretary, construction 011rafts ` Qualifying Board �:R e 7%11 c t • • is • . •�r'.:.Ls.1�is�i/t��i�i�.SiIF�:1r'1YiL.l.Ca!ll.ii�iur'.4�.•:i,EiY�fi"f iidV!... 3�.►��Sil•:.:i: ...:r.'i'•'i'�ii�rihisi..irLii.r:.14PM:•H • i.�.ii.w.r.+ur+I �"'+i►a►. BUILDING AND ZONING DEPARTMENT _ III NM 1ST STREET MIAMI, FL 331ad _- 10TH fL00R. SUITE 1010 STATE CONTRACTORS CERTIFICATE Of REGISTRATION ?7 ISSUE► MARCH 03. M3 THIS IS TO CERTIFY THAT CONE CONSTRUCTORS INC D/B/A C.C.N. CCCO16103 TRADE BUILDING HAVING MET THE REGISTRATION REQUIREMENTS OF METROPOADE C?UNTY. IS ' HEREBY REGISTERED AS A CONTRACTOR IN THE FOLLOWING ATEGORY(S) _ 04 GENERAL (STATE) N WITH ALL WORK TO BE DONE UNDER THE DIRECT SUPERVISION AN1 CONTROL OF .` AUALIFYING AGENT CONE MIKE L S.S.N. Z66-11-0331 CONE CONSTRUCTORS INC THIS REGISTRATION I: VALID UNT:L`" 673S S LOIS AVE SEPTEMBER 30. 1143 �- TAMPA FL MIL BY AUTHORIZATION OF CARLOS F. BONZON. PH.b.. P.E. _ SECRETARY. CONST TRADES oUAL BOAR) _x� ALTERATION. REPR0IUCTION OR TRANSFER OF THIS CERTIFICATE IS PRONIIITEA . f... . 93 25.. Set, 110.3. Certificate of competency required to do business. (a) It shall be unlawful for any person, firm, joint venture, or corporation to engage in the busi. ness or act in the capacity of contractor or subcon• tractor, or for any person to act in the capacity of master, qualifying agent, journeyman, mainte- nance personnel, installer or any other similar tradesman defined and set forth above, within the incorporated or unincorporated areas of the County, without having made application for and there having been issued a current valid certifi- �' sate of competency or eligibility for the type of work done by said person, firm, joint venture or corporation from either: (1) The State's Florida Construction Industry Licensing Board; (2) The State's Florida Electrical Contractor's Licensing Board; or (31 The County's Construction Trades Quali- fving Board. Holders of County certificates must also be registered mith the State in accordance with Section 4 89. 115 or Section 469.513. Florida Statutes Provided. however, that for those proilects speci- fied in Section 489.103. Florida Statutes, a con. tractor must be certified by the County's Construc- tion Trades Qualifving Board and registered with the State unless exempted by Chapter 10 of this Code. Nothing herein shall be construed to mean that there cannot be workers in a trade who are not qualified or certified within the definitions herein set forth if such workers are employed by and under the supervision of a contractor quali• fled in the trade concerned and working with a master or journeyman on the job site, if the grade concerned requires masters and journeymen. Workers not qualified and certified within the def initions herein set forth may work as day laborers for an owner -builder in any trade not requiring masters, journeymen or installers. (b) No person or entity shall submit a bid, nor shall any contract be awarded, on any County or municipal public worsts project in Dade County unless such person or firm has complied with sub• section tai of Section 10.3 above. Any bid not in compliance with this section shall be null and void. Any person or entity who fails to maintain hi= certification as a contractor before the completion of work on any County or municipal project in Dade County where certification is necessary under this Code shall be in default under the con• tract except as provided for under Section 10. Mbi. (c? The only construction -related activities tha: persons holding certificates of competency or e;i- gibility as contractors as a result of action by ar. agency other than the Board or the State of Florida as specified above may perform as contractor; is disaster repair work in Dade County. Those per• sons are required to register with the Board in order to contract to perform disaster repair work in Dade County. Disaster repair work is non- structural work required to repair structures and systems destroyed by natural causes, provided the area is declared a National Disaster Area and the repair costs do not exceed more than fifty 150, per- cent of the value of the structure or system which was damaged. The registration shall be valid fc- six (6) months from the date the area is declared a National Disaster Area. The Building and Zoning Department shall collect a fee as established by separate administrative order to cover the cost cf processing the application for registration as a-e!l as documentation from the agency from which the person received certification. (Ord. \o. 59.41. 11.3.59. Ord. No. 67.62. § 1. '.0- 17.67; Ord. No. 76.91, § 1.12.12.76; Ord. No 5, 1, 10.20.67; Ord. No. 91.116. § 1, 10.1 9! Annotation-CAO's 77.55. 76.39 Sec. 10.4. Persons without certificates repre• senting selves as contractors; iden- tification of vehicles. (a) Any person, firm or corporation not pos- sessing a current certificate of competency and advertising in any newspaper, airwave transmis. sion, phone directory or other advertising media or who issues any card. advertising or device in. dicating to the public that he is a contractor, or is qualified to engage in the business as a contractor. or who holds himself out as a contractor as plain• tiff or defendant in any court of this State. is in violation of, and shall be subject to the provisionf and penalties of, this chapter; and a certified copy of such court record or a copy of such newspaper. 1489 93- 25 J_ - �>I$9,1W �abz surrLe�rEn� iy FLUMMA STATUTES 1991 S. done b a permit ion allows as your own ense.you ff may build ence or a Move a com- e building Far ay not be than one after the e that you is exemp- your con- ccording to our respon- Iyou have or munici- ement, or the title to t to which minor, or e contract less than a eeng, or operation, a t contrac- dee in con- urpose of Itntal to the e ditches; s or recla- rural dis- ise except acting within iffited by the uding per- 229(1 Xb); ngineer shall �sed under ats or sup- suming them tor. to chapter author- Fheat- tyno ucts, which have a factory -installed electrical cord and ,•(j5) The installation and maintenance of water condi- Ing units for domestic, commercial, or industrial pur- es by operators of water conditioning services. No ,, ' municipality or county may adopt an ordinance, rule, or .7 regulation which requires such an operator to become licensed, certified, or registered as a plumber or which otherwise prevents the installation and maintenance of such water conditioning units by an operator. (16) An architect or landscape architect licensed pur- suant to chapter 481 or an engineer licensed pursuant to chapter 471 who offers or renders design -build ser- vices which may require the services of a contractor cer- tified or registered pursuant to the provisions of this chapter, as long as the contractor services to be per- formed under the terms of the design -build contract are offered and rendered by a certified or registered general h contractor in accordance with this chapter. 111mry.—as. t I. t7, ch 79-200; ss 2, 3, ch. 81-318. a t, ch 84=160, a t, ch 87.M;sa.2,20,21,ch.88-156;s 3,ch.89-115.s.69.ch 89-162;s.t,ch e9-343. $. 29, ch.89-3r4; s. 38, ch. 90-228. as. 34. 68. ch 9t-t37; s. 4, ch. 91-429, a 7, a1.92-65. ,ipetL—Aeoaledarfeethe October t, 19%8 by s. 21, ch. 88-156. and schedtw ox fr^w pwwnt to a. 11.6t, '489.105 Definkions.—As used in this part: k (1) `Board' means the Construction Industry Licens itg Board. (2) Department" means the Department of Profes- sional Regulation. (3) 'Contractor' means the person who is qualified for, and shall only be responsible for, the project that person contracted for and means, except as exempted in this part, the person who, for compensation, under- takes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent para- graphs of this subsection. Contractors are subdivided into two divisions, Division 1, consisting of those contrac- tors defined in paragraphs (a)-(c), and Division 11, con- sisting of those contractors defined in paragraphs (d)-(o): (a) 'General contractor' means a contractor whose services are unlimited as to the type of work which he may do, except as provided in this part. (b) `Building contractor' means a contractor whose services are limited to construction of commercial build- ings and single -dwelling or multiple -dwelling residential buildings, which commercial or residential buildings do 9" exceed three stories in height, and accessory use strictures in connection therewith or a contractor whose services are limited to remodeling, repair, or improve- ntertt of any size building if the services do not affect the structural members of the building. (c) 'Residential contractor' means a contractor whose services are limited to construction, remodeling, Mpeir, or improvement of one -family, two-family, or (amity residences not exceeding two habitable s above no more than one uninhabitable story and Woe" use structures in connection therewith. (d) 'Sheet metal contractor" means a contractor whose services are unlimited in the sheet metal trade and who has the experience, knowledge, and skill nec- essary for the manufacture, fabrication, assembling, handling, erection, installation, dismantling, condition- ing, adjustment, insulation, alteration, repair, servicing, or design, when not prohibited by law, of ferrous or non- ferrous metal work of U.S. No. 10 gauge or its equivalent or lighter gauge and of other materials, including, but not limited to, fiberglass, used in lieu thereof and of air - handling systems, including the setting of air -handling equipment and reinforcement of same and including the balancing of air -handling systems. (e) "Roofing contractor" means a contractor whose services are unlimited in the roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter, extend, or design, when not prohibited by law, and use materials and items used in the installation, maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except when coat- ing is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. (f) 'Class A air conditioning contractor' means a contractor whose services are unlimited in the execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, after, extend, or design, when not prohibited by law, central air condition- ing, refrigeration, heating, and ventilating systems, including duct work in connection with a complete sys- tem only to the extent such duct work is performed by the contractor as is necessary to make complete an air - distribution system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or equip- ment used in connection therewith; to install, maintain, repair, fabricate, alter, extend, or design, when not pro- hibited by law, piping, insulation of pipes, vessels and ducts, pressure and process piping, and pneumatic con- trol piping; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electri- cal disconnect switch; to install, disconnect, and recon- nect low voltage heating, ventilating, and air condition- ing control wiring; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum or natural gas fuel lines within buildings, pota- ble water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. (g) 'Class B air conditioning contractor' means a contractor whose services are limited to 25 tons of cool- ing and 500,000 Btu of heating in any one system in the execution of contracts requiring the experience, knowl- edge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air conditioning, refrigeration, heating, and ventilating systems, inching duct work in connection with a com- plete system only to the extent such duct work is per- formed by the contractor as is necessary to make com- plete an air -distribution system being installed under this classification; to install, maintain, repair, fabricate, 1483 93- 2a� 6. 489.105 i992 SUPPLEMENT TO FLORIDA STATUTES 1991 ft. 489.185 after, extend, or design, when not prohibited by law, pip- Ing and insulation of pipes, vessels, and ducts; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air conditioning control wiring; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shalt not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connections thereto, sanitary sewer lines, swimming pool piping and filters, or electrical power wiring. (h) `Class C air conditioning contractor" means a contractor whose business is limited to the servicing of air conditioning, heating, or refrigeration systems, including duct alterations in connection with those sys- tems he is servicing, and whose certification or registra- tion, issued pursuant to this part, was valid on October 1, 1988. No person not previously registered or certified as a Class C air conditioning contractor as of October 1, 1988, shall be so registered or certified after October 1, 1988. However, the board shall continue to license and regulate those Class C air conditioning contractors who held Class C licenses prior to October 1, 1988. (I) *Mechanical contractor' means a contractor whose services are unlimited in the execution of con- tracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, central air condition- ing, refrigeration, heating, and ventilating systems, including duct work in connection with a complete sys- tem only to the extent such duct work is performed by the contractor as is necessary to make complete an air - distribution system, boiler and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances, apparatus, or equipment used in con- nection therewith; to install, maintain, repair, fabricate, alter, extend, or design, when not prohibited by law, pip- ing, insulation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump installations and piping for same, stand- pipes, air piping, vacuum line piping, oxygen lines, nitrous oxide piping, ink and chemical lines, fuel trans- mission lines, and natural gas fuel lines within buildings; to replace, disconnect, or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to install, disconnect, and reconnect low voltage heating, ventilating, and air conditioning control wiring; and to install a condensate drain from an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall not include any work such as liquefied petroleum gas fuel lines within buildings, potable water lines or connections thereto. sanitary sewer lines, swimming pod piping and filters, or electrical power wiring. G) 'Commercial pod/spa contractor' means a con- tractor whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servic- ing of any swimming pod, or hot tub or spa, whether public, private, or otherwise, regardless of use, the scope of such work includes layout, excavation, opera- tion of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and cop- ing, installation of all perimeter and filter piping, Installa- tion of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, construction of equipment rooms or housing for pod equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system or to pota- ble water lines. (k) `Residential pool/spa contractor" means a con- tractor whose scope of work involves, but is not limited to, the construction, repair, water treatment, and servic- ing of any residential swimming pool or hot tub or spa, regardless of use. The scope of such work includes lay- out, excavation, operation of construction pumps for dewatering purposes, steelwork, installation of light niches, construction of floors, guniting, fiberglassing, installation of tile and coping, installation of all perimeter and filter piping, installation of all filter equipment and chemical feeders of any type, plastering of the interior, construction of decks, installation of housing for pool equipment, and installation of package pool heaters. However, the scope of such work does not include direct connections to a sanitary sewer system or to pota- ble water lines. (1) 'Swimming pool/spa servicing contractor' means a contractor whose scope of work involves the servicing, repair, water treatment, including, but not lim- ited to, the direct infusion of chlorine gas accomplished through the use of machinery attached to the pool, and maintenance of any swimming pool or hot tub or spa, whether public or private. The scope of such work may include any necessary piping and repairs, replacement and repair of existing equipment, or installation of new additional equipment as necessary. The scope of such work includes the reinstallation of the and coping, repair and replacement of all piping, filter equipment, and chemical feeders of any type, replastering, reconstruc- tion of decks, and reinstallation or addition of pool heat- ers. (m) 'Plumbing contractor" means a contractor whose contracting business consists of the execution of con- tracts requiring the experience, financial means, knowl- edge. and skill to install, maintain, repair, alter, extend, or, when not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, when not prohibited by law, design the fol- lowing without obtaining any additional focal regulatory license, certificate. or registration: sanitary drainage or storm drainage facilities; venting systems; public or pri- vate water supply systems; septic tanks; drainage and supply wells; swimming pool piping; irrigation systems; or solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas (excluding liquid petroleum gases), and storm and sanitary sewer fines; and water and sewer plants and substations. The 1484 93- 252 1j, goo the chair piplr oxid line tine iiec pipi age —_ suc — lion — sco priv exc wor trac the but trac in t 8S to r any orc Set tine exi = trat ins me =_ trit am ter mE let oc pa an fut stc _ tur ar+ tE _ N v. — n a P s a cc to to re h� _ - trr PC ar- m P, A! F. whether of use. The 'on, opera - purposes, nlction of de and cop - in g, installa- ers of any yof decks, g for pool )ool heaters. �ot include or to pota- deans a con - not limited Wind servic- ub or spa, includes lay - Ipumps for on of light all perimeter . Epment and he interior, g for pool pool heaters. �of include i or to pota- F-contractor' K involves the but not lim- complished pffhe pool, and 3t tub or spa, h work may teplacement tion of new scope of such ping, repair pment, andj reconstruc- i of pool heat - actor whose tiation of con- neans, knowl- !ler, ,extend, lumbing. A repair, alter, resign the fol- regulatory drainage or public or pd- drainage and Ltion systems; n therewith. piping and s (excluding ',nary sewer talons. The 1992 SUPPLEMENT TO (scope of work of the plumbing contractor also includes Via design, when not prohibited by law, and installation, maintenance, repair, alteration, or extension of air - piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire fine standpipes and fire sprinklers to the extent author- ized by law; ink and chemical tines; fuel oil and gasoline piping and tank and pump installation, except bulk stor- age plants; and pneumatic control piping systems, all in such a manner as to comply with all plans, specifica- tions, codes, laws, and regulations applicable. The scope of work of the plumbing contractor shall apply to private property and public property, shall include any excavation work incidental thereto, and shall include the work of the specialty plumbing contractor. Such con- tractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified herein as being the work of a trade other than that of a plumbing contractor. Nothing In this definition shall be construed to limit the scope of work of any specialty contractor certified pursuant to s. 489.113(6). Nothing in this definition shall be construed to require certification or registration under this part of any authorized employee of a public natural gas utility or of a private natural gas utility regulated by the Public Service Commission when disconnecting and reconnec- ting water lines in the servicing or replacement of an existing water heater. (n) 'Underground utility contractor' means a con- tractor whose services are limited to the construction. Installation, and repair, on public or private property, of main sanitary sewer collection systems, main water dis- tribution systems, and storm sewer collection systems, and the continuation of utility lines from the main sys- tems to a point of termination up to and including the meter location for the individual occupancy, sewer col- lection systems at property tine on residential or single - occupancy commercial properties, or on multioccu- pancy properties at manhole or wye lateral extended to an invert elevation as engineered to accommodate future building sewers, water distribution systems, or storm sewer collection systems at storm sewer struc- tures. An underground utility contractor shall not install any piping that is an integral part of a fire protection sys- tem as defined in s. 633.021(7) beginning at the point where the piping is used exclusively for such system. (o) 'Solar contractor' means a contractor whose ser- vices consist of the installation, alteration, repair, mainte- nance, relocation, or replacement of solar panels for Potable solar water heating systems, swimming pool solar heating systems, and photovoltaic systems and any appurtenances, apparatus, or equipment used in connection therewith. whether public, private, or other- wise, regardless of use. A contractor, certified or regis- tered pursuant to the provisions of chapter 489, is not required to become a certified or registered solar con- tractor or to contract with a solar contractor in order to Provide any services enumerated in this paragraph that are within the scope of the services such contractors may render under this part. (P) 'Specialty contractor' means a contractor whose scope of work and responsibility is limited to a particular Phase of construction and whose scope is limited to a subset of the activities described in the categories established in one of the paragraphs of this subsection. (4) 'Primary qualifying agent* means a person who possesses the requisite skill, knowledge, and experi- ence, and has the responsibility, to supervise, direct, manage, and control the contracting activities of the business organization with which he is connected; who has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained the building permit; and whose technical and personal qualifications have been determined by investi- gation and examination as provided in this part, as attested by the department. (5) 'Secondary qualifying agent" means a person who possesses the requisite skill, knowledge, and expe- rience, and has the responsibility to supervise, direct, manage, and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. (6) 'Contracting' means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contrac- tors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term 'con- tracting' shall not extend to an individual, partnership, corporation. trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or. business entity has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chap- ter have been or will be retained for the purpose of con- structing such residences. (7) 'Certificate' means a certificate of competency issued by the department as provided in this part. (8) 'Certified contractor' means. any contractor who possesses a certificate of competency issued by, the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction. (9) 'Registration' means registration with the depart- ment as provided in this part. (10) 'Registered contractor' means any contractor who has registered with the department pursuant to ful- filling the competency requirements in the jurisdiction for which the registration is issued. Registered contrac- tors may contract only in such jurisdictions, (11) 'Certification' means the act of obtaining or hold- ing a certificate of competency from the department as provided in this part. (12) 'Local construction regulation board' means a board, composed of not fewer than three residents of a county or municipality, which the governing body of that county or municipality may create and appoint to main- tain the proper standard of construction of that county or municipality. 93- 252 n S. 489105 1992 SUPPLEMENT TO FLORIDA STATUTES 1991 _ 6.480.109 (13) 'Mediation' means a process whereby a neutral third party acts to encourage and facilitate the resolution of a dispute without prescribing what it should be. It is an informal and nonadversarial process with the objec- tive of helping the disputing parties reach a mutually acceptable agreement. H1111M.-is 2. 17. ch 79-200. as. 1. 3, ch 00-85, s. 367. ch 61-259, ss. 2.3. ch 81-318. at 28.49. ch, 82-179, s 1, ch. B3-140; s. 5. ch, 83-160. a. t, ch, 85-290. as 21, 31. ch 66-159. 4 6, ch 87-374. as 3. 20, 21. ch 88-156, t 2, ch 89-343. s 30. ch e9-374. is 33. 34, ch 90-228, as 35, 66. ch. 91-137. s 4, ch 91-429. s 1. ch 92-55. a 10. ch 92-115, s 57, ch 92-149 ,Note. -Repealed effective 0:10ber 1. 19%. by a 21, ch 88-156. amd scheduled tof review pursuant to s 11 61 1489.107 Construction Industry Licensing Board.- (1) To carry out the provisions of this part, there is created within the Department of Professional Regula- tion the Construction Industry Licensing Board. Mem- bers shall be appointed by the Governor, subject to con- firmation by the Senate. Members shall be appointed for 4-year terms. A vacancy on the board shall be filled for the unexpired portion of the term in the same manner as the original appointment. No member shall serve more than two consecutive 4-year terms or more than 11 years on the board. (2) The board shall consist of eighteen members, of whom: (a) Four are primarily engaged in business as gen- eral contractors; (b) Three are primarily engaged in business as build- ing contractors or residential contractors, however, at least one building contractor and one residential con- tractor shall be appointed; (c) One is primarily engaged in business as a roofing contractor; (d) One is primarily engaged in business as a sheet metal contractor; (e) One is primarily engaged in business as an air conditioning contractor; (f) One is primarily engaged in business as a mechanical contractor; (g) One is primarily engaged in business as a pool contractor; (h) One is primarily engaged in business as a plumb- ing contractor; (i) One is primarily engaged in business as an underground utility contractor; (j) Two are consumer members who are not, and have never been, members or practitioners of a profes- sion regulated by the board or members of any closely related profession; and (k) Two are building officials of a municipality or county. (3) To be eligible to serve, each contractor member must have been certified by the board to operate as a contractor in the category with respect to which the member is appointed, be actively engaged in the con- struction business, and have been so engaged for a period of not less than 5 consecutive years before the date of appointment. Each appointee must be a citizen and resident of the state. (4) The board shall be divided into two divisions, Division 1 and Division 11. (a) Division i is comprised of the general contractor, building contractor, and residential contractor members of the board; one of the members appointed pursuant to paragraph (2)(j); and one of the members appointed pursuant to paragraph (2)(k). Division I has jurisdiction over the examination and regulation of general contrac- tors, building contractors, and residential contractors. (b) Division II is comprised of the roofing contractor, sheet metal contractor, air conditioning contractor, mechanical contractor, pool contractor, plumbing con- tractor, and underground utility contractor members of the board; one of the members appointed pursuant to paragraph (2)(j); and one of the members appointed pur- suant to paragraph (2)(k). Division 11 has jurisdiction over the examination and regulation of roofing contractors, sheet metal contractors, air conditioning contractors, mechanical contractors, pool contractors, plumbing contractors, and underground utility contractors. (5) Five members of Division I constitute a quorum, and five members of Division II constitute a quorum. The combined divisions shall meet together at such times as the board deems necessary, but neither division, nor any committee thereof, shall take action on any matter under the jurisdiction of the other division. However, if either division is unable to obtain a quorum for the pur- pose of conducting disciplinary proceedings, it may request members of the other division, who are other- wise qualified to serve on the division unable to obtain a quorum, to join in its deliberations. Such additional members shall vote and count toward a quorum only during those disciplinary proceedings. (6) The Construction Industry Licensing Board and the Electrical Contractors' Licensing Board shall meet in joint session at least twice a year. History.-ss 3. 17. ch. 79-200; to. 2. 3, ch. 80-85; s. 368, cis 81-2% is 2. 3. ch 81-3M s. 1, ch. 84-322. as. 4, 20. 21. ch. 88-156; a. 11, ch. 89-162. s 36. ch 91-137.a 4,ch. 9i-429.s W. ch 92-149 rNote.-Repealed effective Octobr. 1, 1998, by a 21, ch 88-156, and scheduled for review pursuant to s 11 let. 1489.109 Fees.- (1) The board, by rule, shafl establish reasonable fees to be paid for applications, examination, certifica- tion and renewal, registration and renewal, and record - making and recordkeeping. The fees shall be estab- lished as follows: (a) With respect to an applicant for a certificate, the initial application and examination fee shall not exceed $350, and the initial certification fee and the renewal fee shall not exceed $200; and (b) With respect to an applicant for registration, the initial application fee shall not exceed $50, and the initial registration fee and the renewal fee shall not exceed $200. The board, by rule, may also establish penalty fees not to exceed $50 for certification and $50 for registration for renewal applications made within 90 days after the end of the period. The board, by rule, may establish a fee for transfer of a certificate or registration from one business organization to another, not to exceed $50. The board shall establish fees which are adequate to ensure the continued operation of the board. Fees shall be based on department estimates of the revenue required to implement this part and the provisions of law with respect to the regulation of the construction industry. 1486 93- 252 6. ct re bt in ct !F K n I( r 5 st i_ S. 489.1109 1M SUPPLEMENT TO FLORIDA STATUTE$199t Pursuant (2) Failure to renew an active or voluntary inactive appointed certificate or registration within 90 days after the date of �$ $diction renewal will result in the certificate or registration I eontrac- j'` becoming involuntarily inactive. Failure to reactivate an F tractors. involuntarily inactive certificate or registration after two tractor, consecutive renewal periods have lapsed will result Incontractor, the certificate or registration becoming null and void bing con. without further action of the board. The department shall j embers of notify certificateholders and registrants who have failed ursuant to to reactivate their certificates or registrations for a opbinted pur• renewal period that such certificates or registrations iction over 7 shall become null and void if not renewed by the end of ntractors, the second period. ntractors, (3) A certificate or registration which is involuntarily S. plumbing inactive may be reactivated by application to the depart - ors. ment, including payment of an application fee for reacti- i. a quorum, vation not to exceed $100 as established by board rule. orum. The complying with any background investigation that may such times as be required by the board, and upon payment of the cur -vision, nor rent renewal fee for each renewal period in which the any matter certificate or registration was involuntarily inactive and owever, if payment of the penalty fee. for the pur. (4) The department shall notify those certificate- gs, it may holders and registrants currently in an inactive status of are other- the provisions of this section at the time of the next to obtain renewal period. h additional (5) A certificateholder or registrant whose license onrm only y has become null and void may reapply to the board for certification or registration. The board may waive educa- Board and tion and experience requirements as promulgated by shall meet In board rule upon reapplication; however, the board may ` require any additional current requirements for certifica- r-Zss; a. 2.3. tion or registration, including reexamination. 1f32, a. X ch. (6) A person who is registered or holds a valid certifi- . aM acheeuted cate from the board may go on voluntary inactive status ' during which time he shall not engage in contracting, but may retain his certificate or registration on an inac- tive basis, on payment of a renewal fee during the inac- reasonable tive period, not to exceed $50 per renewal period. To go ion, certifica. off voluntary inactive status, such person shall be nd record• required only to pay the regular renewal fee for certifica- be estab• tion or registration. (7) In addition to the fees provided in subsection (1) .ertificate, the for application and renewal for certification and registra- not exceed tion, all certificateholders and registrants shall pay a tee enewal fee of $4 to the department at the time of application or renewal. The funds shall be transferred at the end of istration, the each licensing period to the Department of Education to w the Initial fund projects relating to the building construction indus- ot exceed try or continuing education programs offered to persons engaged in the building construction industry in Florida. The board shall, at the time the funds are transferred, natty fees not istmtion for advise the Department of Education on the most needed area of research or continuing education based on sig- ter the end , nificant changes in the industry's practices or on the ish a fee for most cornmon types of consumer complaints or on prob- one business Weis costing the state or local governmental entities The board substantial waste. The board's advice is not binding on ensure the the Department of Education. The Department of Educa- i be based tion shall allocate 50 percent of the funds to a graduate e required to program in building construction in a Florida university f law with and 50 percent of the funds to all accredited private and industry. state universities and commuNty colleges within the state offering approved courses in building construc- tion, with each university or college receiving a pro rata share of such funds based upon the number of full-time building construction students enrolled at the institution. The Department of Education shall ensure the distribu- tion of research reports and the availability of continuing education programs to all segments of the building con- struction industry to which they relate. The Department of Education shall cause a report to be made to the board in October of each year, summarizing the alloca- tion of the funds by institution and summarizing the new projects funded and the status of previously funded projects. Nfatory.—bs 4, 17, ch 79-200. ss 2. 3. ch 81-318. ss 5. 20.21, ch 88-156. s 35. ch 88-205. If I. ch 89-5. s 62, ch 89-162. s. 31. ch 89-374, s 4. ch. 91.429. s 58. ch 92-t49 INaW—Repeated eflechve October 1. 1928. by s 21- ch 88-156. and scheduled for review pursuant to s 1161 '489.113 Qualifications for practice; restirlctionts.-- (1) Any person who desires to engage in contracting on a statewide basis shall. as a prerequisite thereto, establish his competency and qualifications to be certi- fied pursuant to this part. To establish his competency, a person shall pass the appropriate examination admin- istered by the department. Any person who desires to engage in contracting on other than a statewide basis shall, as a prerequisite thereto, be registered pursuant to this part, unless exempted by this part. (2) No person who is not certified or registered shall engage in the business of contracting in this state. To enforce this subsection: (a) The department shall issue a cease and desist order to prohibit any person from engaging in the busi- ness of contracting who does not' hold the required certi- fication or registration for the work being performed under this part. For the purpose of enforcing a cease and desist order, the department may file a proceeding in the name of the state seeking issuance of an injunc- tion or a writ of mandamus against any person who vio- lates any provision of such order. (b) A county, municipality, or local licensing board created by special act may issue a cease and desist order to prohibit any person from engaging in the busi- ness of contracting who does not hold the required certi- fication or registration for the work being performed under this part. (3) A contractor shall subcontract the electrical, mechanical, plumbing, roofing, sheet metal, swimming pool, and air conditioning work for which a local exami- nation for a certificate of competency or a license is required, unless such contractor holds a state certificate of competency or license of the respective trade cate- gory, as required by the appropriate focal authority. However, a general, building, or residential contractor shall not be required to subcontract the installation of wood shingles, wood shakes, or asphalt or fiberglass shingle roofing materials on a new building of his own construction, and a general contractor shall not be required to subcontract structural swimming pool work. Further, a general contractor, on new site development work, site redevelopment work, mobile home parks, and commercial properties, shall not be required to subcon- tract the construction of the main sanitary sewer collec- 1487 93-- 252 s. 489,113 1992 SUPPLEMENT TO FLORIDA STATUItS 1"ll s. 459.115 tion system, the storm collection system, and the water distribution system, not including the continuation of util- ity lines from the mains to the buildings. Further, as to mobile home parks, the general contractor shall not be required to subcontract the continuation of utility lines from the mains, and the continuations are to be consid- ered a part of the main sewer collection and main water distribution systems. Further, a solar contractor shall not be required to subcontract minor, as defined by board rule, electrical, mechanical, plumbing, or roofing work so long as that work is within the scope of the license held by the solar contractor and where such work exclusively pertains to the installation of residential solar energy equipment as defined by rules the board adopted in conjunction with the Electrical Contracting Licensing Board. This subsection does not apply it the local authority does not require a certificate of competency or license for such trade. However, no general, building, or residential contractor certified after 1973 shall act as, hold himself out to be, or advertise himself to be a roof- ing contractor unless he is certified or registered as a roofing contractor. Any general contractor currently qualifying as a swimming pool company shall have a period of 2 years from the effective date of this act in which to obtain either a registered or certified commer- cial or residential pool license. (4) When a certificateholder desires to engage in contracting in any area of the state, as a prerequisite therefor, he shall be required only to exhibit to the local building official, tax collector, or other person in charge of the Issuance of licenses and building permits in the area evidence of holding a current certificate and to pay the fee for the occupational license and building permit required of other persons. However, a local construction regulation board may deny the issuance of a building permit to a certified contractor, or issue a permit with specific conditions, it the focal construction regulation board has found such contractor, through the public hearing process, to be guilty of fraud or a willful building code violation within the county or municipality that the local construction regulation board represents or if the local construction regulation board has proof that such contractor, through the public hearing process, has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and finds, after providing notice to the contractor, that such fraud or violation would have been fraud or a violation if committed in the county or munici- pality that the local construction board represents. Noti- fication of and information concerning such permit denial shall be submitted to the Department of Professional Regulation within 15 days after the local construction regulation board decides to deny the permit. (5) The certificate is not transferable. (b) The board shall, by rule. designate those types of specialty contractors which may be certified under this part. The Gmit of the scope of work and responsibil- ity of a specialty contractor shall be established by the board by rule. However, a certified specialty contractor category established by board rule exists as a voluntary statewide licensing category and does not create a man- datory licensing requirement. Any mandatory statewide construction contracting licensure requirement may only be established through specific statutory provision. (7) If an eligible applicant fails any contractor's writ- ten examination, except the general and building con- tractors' examination, and provides the board with acceptable proof of lack of comprehension of written examinations, the applicant may petition the board to be administered a uniform oral examination, subject to the following conditions: (a) The applicant documents 10 years of experience in the appropriate construction craft. (b) The applicant files written recommendations concerning his competency in the appropriate construc- tion craft. (c) The applicant is administered only one oral examination within a period of 1 year. (8) Any public record of the board, when certified by the executive director of the board or his representative, may be received as prima facie evidence in any adminis. trative or judicial proceeding. (9) Nothing in this part shall be construed to prevent any contractor from acting as a prime contractor where the bulk of the work to be performed under the contract is within the scope of his license and from subcontract- ing to other licensed contractors that remaining work which is incidental to the completion of the project con- tracted. (10) The addition of a new type of contractor under this part shall not limit the scope of practice of any exist- ing type of contractor under this part unless the Legisla- ture expressly provides such a limitation. F*sMy--n 6.17. ch 19-200; as. 3.4. ch. 86-W; n. 2.3. cK 81-318. s 2, ch. 65-290; ss. 28.31. ch. 88-t59; s. 3. ch. 67-235, s. 13, ch. 87-310; s. T. ch. 67-37k n 7, 20. 2t, eh. 86-156; S. 32, ch. 89-371, S. 43, ch. 90-22B; s. W. ch 91-137; s e, ch. 91-429; s. 50, ch. 92-i49. 'Nou.—Repeabd ~the ocfober 1. 1998, by S. 21. M 88-156, and scheduled for review pursuant to s. 11.61. '489.116 Certification and registration; endorse- ment; renewals.— (1 Xa) The department shall issue a certificate or reg- istration to each person qualified by the board and upon receipt of the original license fee. (b) Certification allows the certificateholder to engage in contracting only for the type of work covered by the certificate. (2) The board shall certify as qualified for certifica- tion by endorsement any applicant who: (a) Meets the requirements for certification as set forth in this section; has passed a national, regional, state, or United States territorial licensing examination that is substantially equivalent to the examination required by this part; and has satisfied the requirements set forth in s. 489.111: or (b) Holds a valid license to practice contracting issued by another state or territory of the United States, if the criteria for issuance of such license were substan- tially equivalent to Florida's current certification criteria. (3)(a) Each certificateholder or registrant who desires to continue as a certificaleholder or registrant shall renew his certificate or registration every 2 years, except that the department may issue a 3-year license to certificateholders renewing for the 3-year period beginning July 1, 1%9, notwithstanding any other law 93- 252 —BE( —if a. 4b9.199 1"2 SUPPLEMEW TO FLORIDA SWIMS 1991 a. 489.131 disciplinary action, require such contractor to obtain continuing education in the areas of contracting affected by such violation. (9)(a) The department may, by rule, provide for a mediation process for the complainant and the licensee. Notwithstanding the provisions of chapters 120 and 455, upon receipt of a legally sufficient consumer complaint alleging a violation of this part, both the licensee and the complainant may consent in writing to mediation within 15 days following notification of this process by the department. The department may suspend all action in the matter for 45 days when notice of consent to media- tion is received by the department. It the mediation proc- ess is successfully concluded within the 60-day period, the department may close the case file with a notation of the disposition and the licensee's record shall reflect only that a complaint was filed and resolved through mediation. If mediation is rejected by either the com- plainant or licensee, or should said parties fail to reach a mediated solution within the 60-day period, the department shall process the complaint in the manner required by chapters 120 and 455. The mediator shall provide a written report to the department of the media- tion results within 10 days of the conclusion of the medi- ation process as provided by rule. (b) No licensee may avail himself of the mediation process more than three times without the approval of the board. The board may consider the subject and the dates of the earlier complaints in rendering its decision. The board's decision shall not be considered a final agency action and is not appealable. (c) The licensee shall bear all costs of mediation. (d) Mediation shall be conducted according to rules of practice and procedure for circuit court as adopted by the Supreme Court. The mediator shall be a certified circuit court mediator. (e) The department, in conjunction with the board, shall determine by rule the types of cases which may be included in the mediation process. The department may initiate or continue disciplinary action pursuant to chap- ter 455 and this chapter against the licensee as deter- mined by rule. Nlstory —ss. 12. 17, ch. 79-200; a 371. ch. 81-259; as 2.3. ch. 61-3t8; s. 7, ch. 83-160; as. 87,119, ch. 83-329; s. 9. ch. 87-74; as. 14.20.21. ch. W 156; a. 13, ch. 89-162. a. 34, ch. 89-374; s. 24. ch. 90-109. a 40. ch. 90-228, a. 39, ch. 01-137; a. 4, ch. 91-429; s. 63. ch. 92-149. 'Note. —Repealed effectve Oclobar 1. 1996. by a. 21. w 88-156. and scheduled to renew purswnt to S. 11.61. allow—section 28. ch. go-io9. provides that let provision o1 this act does not apply to any act requYad to be done within a time period which is Arnninp on the effective data of that provision or when its operation would impair vested contract rights' '489.131 Ap00bNlty.-- (1) This part applies to all contractors, including, but not limited to, those performing work for the state or any county or municipality. Officers of the state or any county or municipality shall determine compliance with this part before awarding any contract for construction, improvement, remodeling, or repair. (2) The state or any county or municipality shall require that bids submitted for construction, improve- ment, remodeling, or repair of public buildings be accompanied by evidence that the bidder holds an appropriate certificate or registration, unless the work to be performed is exempt under s. 489.103. or the con- tractor Is not domiciled in this state and can satisfacto- rily show that he will comply with s. 489.117(3). Any con- tractor not domiciled in this state shall submit to the state, county, or city proof of workers' compensation coverage and evidence that the contractor's carrier or self -insurer has current knowledge of the contractor's intent to do business within this state. (3) Nothing in this part limits the power of a munici- pality or county: (a) To regulate the quality and character of work per- formed by contractors through a system of permits, fees, and inspections which is designed to secure com- pliance with and aid in the implementation of state and local building laws. (b) To enforce other laws for the protection of the public health and safety. (c) To collect occupational license taxes and inspec- tion fees for engaging in contracting or examination fees from persons who are registered with the board pursu- ant to local examination requirements. However, nothing in this part shall be construed to require general contrac- tors, building contractors, or residential contractors to obtain additional occupational licenses for specialty work when such specialty work is performed by employ- ees of such contractors on projects for which they have substantially full responsibility and such contractors do not hold themselves out to the public as being specialty contractors. (d) To adopt any system of permits requiring sub- mission to and approval by the municipality or county of plans and specifications for work to be performed by contractors before commencement of the work. (e) To require one bond for each contractor in an amount not to exceed $5,000, which bond shall be con- ditioned only upon compliance with the applicable state minimum building code and applicable local building code requirements adopted pursuant to s. 553.73. Any such bond must be equally available to all contractors without regard to the period of time a contractor has been certified or registered and without regard to any financial responsibility requirements. Any such bonds shall be payable to the Governor and filed in each county or municipality in which a building permit is requested. Bond reciprocity shall be granted statewide. All such bonds shall be included in meeting any financial responsibility requirements unposed by any statute or rule. Any contractor who provides a third party insured warranty policy in connection with a new building or structure for the benefit of the purchaser or owner shall be exempt from the bond requirements under this sub- section with respect to such building or structure. (f) To refuse to issue permits or issue permits with specific conditions to a contractor who has committed multiple violations, when he has been disciplined for each of them by the board and when each disciplinary action has involved revocation or suspension of a license, imposition of an administrative fine of at least $1,000, or probation; or to issue permits with specific conditions to a contractor who, within the previous 12 months, has had final action taken against him by the department or by a local board or agency which licenses contractors and has reported the action pursuant to paragraph (6xc), for engaging in the business or acting 1494 93- 252 �r- i89.131 isfacto- ny con - to the nsation trrier or ractor's munici- i ark per- . permits, pure com- ate and �n of the inspec- j i on fees pursu- nothing ontrac tors to ecialty mploy- ey have i tors do sub- ty of i by Ifor in an I be con- ble state building 53.73. Any rctor has rd to any ich bonds in each permit is tatewide. financial r1tatute or y insured jiiding or vner shall . this sub- ilrmits with committed Wined for Piston of a of at least Ah specific evious 12 im by the i6h licenses pursuant to D or acting 4a8,131 1992 SUPPLEMENt Tl? FLORlbA StATMS 1991 e. 459.131 In the capacity of a contractor without a license. How- ever, this subsection does not supersede the provisions of s. 489.113(4), and no county or municipality may require any certificateholder to obtain a local profes- sional license or pay a local professional license fee as a condition of performing any services within the scope of the certificateholder's statewide license as estab- lished under this part. (4) Nothing in this part shall be construed to waive any requirement of any ordinance or resolution existing on October 1, 1979, of a board of county commissioners regulating the type of work required to be performed by a specialty contractor. (5) Any official authorized to issue building or other related permits shall, before issuing a permit, ascertain that the applicant contractor is certified or is registered in the area where the construction is to take place. (6xa) Municipalities or counties may continue to pro- vide examinations for their territorial area, provided that no examination is given to the holder of a certificate. (b) To engage in contracting in the territorial area, an applicant shall also be registered with the board. (c) Each local board or agency which licenses con- tractors transmits monthly to the board a report of any disciplinary action taken against contractors and of any administrative or disciplinary action taken against unli- censed persons for engaging in the business or acting in the capacity of a contractor including any cease and desist orders issued pursuant to s. 489.113(2)(b) and any fine issued pursuant to s. 489.127(3). (7Xa) The local governing body of a county or munic- ipality, or its local enforcement body, is authorized to enforce the provisions of this part as well as its local ordi- nances against locally licensed or registered contrac- tors, as appropriate. The local jurisdiction enforcement body may conduct disciplinary proceedings against a locally licensed or registered contractor and may require restitution, impose a suspension or revocation of his local license, or a fine not to exceed $5,000, or a combi- nation thereof, against the locally licensed or registered contractor, according to ordinances which a local juris- diction may enact. In addition, the local jurisdiction may assess reasonable investigative and legal costs for the prosecution of the violation against the violator, accord- ing to such ordinances as the local jurisdiction may enact. (b) In addition to any action the local jurisdiction enforcement body may take against the individual's local license, and any fine the local jurisdiction may impose, the local jurisdiction enforcement body shall issue a recommended penalty for board action. This rec- ommended penalty may include a recommendation for no further action, or a recommendation for suspension, revocation, or restriction of the registration, or a fine to be levied by the board, or a combination thereof. The local jurisdiction enforcement body shall inform the dis- Ciplined contractor and the complainant of the local license penalty imposed, the board penalty recom- mended, his rights to appeal, and the consequences should he decide not to appeal. The local jurisdiction Worcement body shall, upon having reached adjudica- tion or having accepted a plea of noto contendere, immediately inform the board of its action and the rec- ommended board penalty. (c) The disciplined contractor or the complainant may challenge the local jurisdiction enforcement body's recommended penalty for board action to the Construc- tion Industry Licensing Board. A challenge shall be filed within 30 days of the issuance of the recommended pen- alty to the board. If challenged, there is a presumptive finding of probable cause and the case may proceed without the need for a probable cause hearing. (d) Failure of the disciplined contractor or the com- plainant to challenge the local jurisdiction's recom- mended penalty within the time period set forth in this subsection shall constitute a waiver of the right to a hearing before the board. A waiver of the right to a hear- ing before the board shall be deemed an admission of the violation, and the penalty recommended shall become a final order according to procedures devel- oped by board rule without further board action. The dis- ciplined contractor may appeal this board action to the district court. (e) The department may investigate any complaint which is made with the department. However, if the department determines that the complaint against a reg- istered contractor is for an action which a local jurisdic- tion enforcement body has investigated and reached adjudication or accepted a plea of nolo contendere, including a recommended penalty to the board, the department shall not initiate prosecution for that action, unless the secretary has initiated summary procedures pursuant to s. 455.225(8). (f) Nothing in this subsection shall be construed to allow local jurisdictions to exercise disciplinary authority over certified contractors. (8) The right to create local boards in the future by any municipality or county is preserved. (9) A Division I contractor, except as otherwise pro- vided in this part, shall be responsible for any construc- tion or alteration of a structural component of a building or structure. The term'structural component'is defined, for purposes of this subsection, to mean any vertical or horizontal load -bearing member of a structure which supports dead or live loads in addition to its own weight and includes, but is not limited to, a foundation, an exte- rior or interior load -bearing wall, a column, a column beam, a floor, and a roof structure. battery.—u 10.17.ch. 79-200;s 372,ch 81-259,ss 2.3.ch 81-318.a t,ch 87-15Z U. 15. 20.21. eh 88-156. s. 30, ch 89-289. s 35. ch 89-374; c 40, ch. 91-137; s.4,ch. 91-429.s.6.ch. 92-55.ss. 64, 70. ch. 92-149 %Note.-4%peaNd effective October 1. 1996. by s. 21. ch 88-156, end seheautsd for review pursuant to s. 11.61. PART II ELECTRICAL AND ALARM SYSTEM CONTRACTING 489.503 Exemptions. 489.507 Electrical Contractors' Licensing Board. 489.509 trees. 489.511 Certification; application; examinations; endorsement. 489.515 Issuance of certificates; registrations. 489.535 Prosecution of criminal violations. 1495 93- 252 citation Rank(R) 9073 R 3 Or 18 FL September S. 1990 Mr. John D. Crawford, Chairman Construction Industry Licensing Hoard Department of Professional Roqulation Post Office Box 2 Jacksonville, Florida 32201-0002 Database FLU -A(; VA42 i Ubde P Dear Chairman Crawford: You have asked substantially the following questions: 1. Other than the denial or conditional issuance of building permits by local governments, is the discipline of certified contractors preempted to the Construction Industry Licensing Board by Part I, Ch. 489.,. F.S.? 2. Does Part I, Ch. 489, F.S., exempt employees of state certified contractors from complying with local competency requirements? In sum: 1. Primary responsibility for the discipline of certified contractors is vested in the Construction Industry Licensing Board, pursuant to s. 4894129, F.S. However, local governments have certain specified powers for disciplining such contractors pursuant to so. 489.113(4), and 489.127, F.S. In addition, violation of s. 489.127(1)0 F.S., is a crime which is prosecutable by the State Attorney. 2. Part I, Ch. 489, F.S., does not exempt employees of a certified construction contractor from local regulation by counties or municipalities. Part l-of Chapter 489, F.S., regulates the construction industry by requiring that construction contractors be registered or certified by the Department of Professional Regulation as a prerequisite to practicing in Florida. [FN1] A certified contractor must establish his or her competency and other qualifications for certification, including the requirement that the appropriate examination administered by the department be passed. [FN2] A certificatsholder may engage in contracting in any area of the state, the only prerequisite beinq that he or she exhibit to the local building official, tax collector, or other person in charge of the issuance of licenses and building permits evidence of holdinq a current certificate and payment of the fee for the occupational license and building permit. [FN3] In contrast to certification, registration allows the registrant to engage in contracting only in the counties, masiaipalities, or development districts where he or she'has complied with the local licensing requirements and only for the type of work covered by the registration. [FN4] Part I, Chapter 489, F.S., represents the legislative scheme for protecting the public health, safety, and welfare, by regulating the construction industry through the Construction Industry Licensing Hoard. [FN5] PACE 1 citation Database Mode 90-73 R 3 Or 10 FL-A4 p FL September 5, 1990 Mr, John D. Crawford, Chairman Construction Industry Licensing board Department of Professional Regulation Post office box 2 Jacksonville, Florida 32201-0002 Dear Chairman Crawfordt You have asked substantially the following questions: 1. other than the denial or conditional issuance of building permits by local governments, is the discipline of certified contractors preempted to the Construction Industry Licensing Board by Part I, Ch. 489.,. F.S.? 2. Does Part I, Ch. 489, F.S., exempt employees of state certified contractors from complying with local competency requirements? In sum: 1. Primary responsibility for the discipline of certified contractors is vested in the Construction Industry Licensing Board, pursuant to a. 489,1290 F.S. However, local governments have certain specified powers for disciplining such contractors pursuant to ss. 489.113(4), and 489.127, F.S. in addition, violation of s. 489.127(1)0 F.S., is a crime which is prosecutable by the State Attorney. 2. Part I, Ch. 489, F.S., does not exempt employees of a certified construction contractor from local regulation by counties or municipalities. Part l-of Chapter 489, F.S.. regulates the construction industry by requiring that construction contractors be registered or certified by the Department of Professional Regulation as a prerequisite to practicing in Florida. [FN1] A certified contractor must establish his or her competency and other qualifications for certification, including the requirement that the appropriate examination administered by the department be passed. [FN2] A cartificateholder may engage in contracting in any area of the state, the only prerequisite being that he or she exhibit to the local building official, tax collector, or other person in charge of the issuance of licenses and building permits evidence of holding a current certificate and payment of the fee for the occupational license and building permit. [FN3] In contrast to certification, registration allows the registrant to engage in contracting only in the counties, aunicipalities, or development districts where he or she'has complied with the local licensing requirements and only for the type of work covered by the registration. [FN4] Part I, Chapter 489, F.S., represents the legislative scheme for protecting the public health, safety, and welfare, by regulating the construction industry through the Construction Industry Licensing Board. [FNS] Question one Section 489.113(4), F.S., provides in part that: [A] local construction regulation board may deny the issuance of a building 93- 252 10-7 2 PACs 2 permit to a certified contractor, or issue a permit with specific conditions, if the local construction regulation board has found such contractor, through the public hearing process, to be guilty of fraud or a villful building code violation within the county or municipality that the local construction regulation board represents or if the local construction regulation board has proof that such contractor, through the public hearing process, has been found guilty in another county or municipality within the past 12 months, of fraud or a villful building code violation and finds, after providing notice to the contractor, that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the local construction board represents. In addition to these sanctions, counties or municipalities may designate code inspectors, as defined in Ch. 162, F.S., to issue citations against persons who: Engage in the business or act in the capacity of a contractor or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor vithout beinq duly registered or certified FN6 Violations of this statute are noncriminal infractions and a fine not to exceed $500 may be imposed. Continuing or repeated violations may result in a fine not to exceed $250 for each day the violation continues or for each time the violation has been repeated. [FN7] Finally, s. 489.127(2)0 F.S., prescribes criminal penalties [FNS] for any violation of the prohibitions contained in s. 489.127(1), F.S., which states that no person shall: (a) Falsely hold himself or a business organization out as a licensee, certificateholder, or registrant; (b) Falsely impersonate a certificateholder or registrant; (c) Present as his ovn the certificate or registration of another; (d) Give false or forged evidence to the board or a member thereof for the purpose of obtaininq a certificate or registration; (a) Use or attempt to use a certificate or registration which has been suspended or revoked; (f) Engaqe in the business or act in the capacity of a contractor or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified; or (q) Operate a business organization engaged in contracting after 60 days follovinq the termination of its only qualifying agent without designating another primary qualifying agent. With the exception of these provisions, the authority to discipline certified contractors is vested in the Construction Industry Licensing Board pursuant to s. 489.129, F.S. Question Two The requirements for certification or registration contained in Part I, Ch. 489, F.S., apply only to those vho wish to be licensed as contractors. For purposes of this part a contractor is defined as: [T]he person who is qualified for and responsible for the entire project 93- 252 96-13 pAM 3 Contracted for and means, except as exempted in this part, the person vhor for compensation., undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others.... [FN9) The statutory provisions included in part I, Ch. 489, F.S., only regulate contractors; only contractors may be certified or registered, and, as discussed above, only certified contractors are specifically given statutory exemption from local examinations. Moreover, s. 489.103, F.S., specifically provides that: This part does not apply to: (2) any employee of a certificateholder or registrant who is acting within the scope of the license held by that certificateholder or registrant and with the knowledge and permission of the licenseholder.... Thus, the statutory provisions do not apply to the employees of certified or registered contractors. In summary, the statutes governing construction contractors explicitly and expressly regulate only contractors; the statutes make no attempt to impose state regulations on the employees of contractors. (FNiO) Indeed, the statutes specifically exempt such employees from the regulatory scheme set forth therein. Part i, Ch. 489, F.S., does not apply to the employees of certified contractors, therefore, the exemption from local regulation which is contained therein does not apply to such employees. [FN111 Thus, local governments may legislate in this area. [FN12] Therefore, the employees of a registered or certified contractor are not exempted from local regulation by the provisions of Part I, Ch. 489, F.S. Sincerely, .Robert A. Butterworth Attorney General FNI Sections 489.113 and 489.115, F.S. FN2 Section 489.113 (1)8 F.S. FN3 Section 489.113(4), F.S. and see, s. 489.105(8), F.S., defining a "[c]ertified contractor" to mean "any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction." FN4 Section 489.117(2), F.S. and see, s. 489.105(10)1 F.S., defining a "[regisstered contractor" to mean "any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. Registered contractors may contract only in such jurisdictions." FN5 Sections 489.101 and 489.107, F.S. 90-11 PW6 dlCtion 469.127 (1) (f) and (3) , F.S. M Section 489.127(3)(e), F.9. FN8 Violations of the statute constitute a misdemeanor of the first degree, punishable as provided in a. 775.092, s. 775.083, or s. 775.084, FN9 Section 489.105(3), F.S. And see, s. 489.105(6), F.S., defining "[c)ontracting" as "engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors." FN10 But seal s. 489.103(2)(a)-(b), F.S., which provides that employees are not exempt from state regulation in certain specified instances. FN11 Sea also, AGO 79-112 (employeas of a certified construction or electrical contractor are not exempted from the local licensing and testing requirements of counties or municipalities and must, therefore, comply with the local regulations for examination and licensing). FN12 Set, s. 125.01(1)(h) and (i), F.S., providing: (1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (h) Establish, coordinate, and enforce zoninq and such business regulations as are necessary for the protection of the public. (i) Adopt, by reference or in full, and enforce building, housing, and related technical codes and regulations. And, s. 166.021(1), F.S., recognizing that municipalities have the "governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." 90-73 END OF DOCUMENT 93- 252 -��a�a►Ga,vrr ssarn�n� wrsiro.� 87� 1 R 6 or 18 rt-AG d ' PL =v March 11, 1087 :x Mr. Richard Ro2ansky City Manager City of Winter Springs 1126 East State Road 434 winter Springs, Florida 32708 Re: Mt1NICZPALITIEB--CONTRACTING--SURETY BONDS --requirement by municipality of payment of surety bond by certified contractor prior to engaging in contracting in municipality, unauthorized. on. 469.113 and 489.1150 F.S. (1986 Supp.), Dear Mr. Roxansky: This is in response to your request for an Attorney Geniral's opinion on substantially the following question: IS THE CITY OF WINTER SPRINGS AUTHORIZED TO REQUIRE A CERTIFIED CONTRACTOR TO PROVIDE THE CITY WITH A SURETY BOND FOR THE PROTECTION OF CITY PROPERTY AS A PREREQUISITE TO ISSUANCE OF A BUILDING PERMIT? Your letter states that the surety bond under consideration "is for the protection of ... water/sewer linos, swales, drainage pipes, sidewalks, curbs, streets, etc." Your letter does not identify the specific type of contractor involved in your inquiry except to mention the construction of swimming pools. I would note that this type of construction is not restricted to one group of certified contractors as defined in s. 489.1050 F.S. (1986 Supp.). See, s. 489.105(3)(a), (j), and (k), F.S. (1986 Supp.), defining respectively a "[geneeral contractor" as one whose services are unlimited regarding the type of -contracting work he can do, a "[c]ommercial pool contractor" as a contractor whose work involves but is not limited to the construction of public or private swimming pools, and a "[r]esidential pool contractor" as one whose scope of work involves but is not limited to the construction of residential swimming pools. In the absence of any specific direction, my comments will, of necessity, be of a general nature rather than directed to a specific type of certified contractor. As provided in s. 2(b), Art. VIII, State Const., and implemented in s. 166.021, F.S., municipalities possess the governmental, corporate, and proprietary powers to enable them "to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." Section 166.021(1), F.S. Certain matters are placed outside the scope of municipal legislative action by s. 166.021(3), F.S., including, in subsection (c) 1 thereof, "[a]ny subject expressly preempted to state or county government by the constitution or by general law...." Cf., s. 166.221, F.S., which provides that a municipality may levy certain business, professional, and occupational regulatory fees when such regulation has not been preempted by the state or a county pursuant to a county charter. State regulation of the field of construction contracting is codified in Part Z Ch 489 F S (1986 Supp.). And see, s. 489.101, F.S., stating that the r PACs 2 iwgislature recognises the significance of the construction and home improvement industries and that "it is necessary in the interest of the public health, safety, and welfare to regulate the construction industry" as significant harm to the public may occur "when incompetent or dishonest — contractors provide unsafe, unstable, or short-lived products or services." Part I of Ch. 489, F.S. (1986 Supp.), regulates the construction industry by requirinq contractors to be licensed by the Department of Professional Regulation as a prerequisite to practicing in Florida. Section 489.113(2), — F.S. (1986 Supp.). To be licensed a person must be either certified as a contractor or registered as a contractor. Section 489.113(1), F.S. (1986 Supp.). A contractor, for purposes of Ch. 489, F.S. (1986 Supp.), is defined in pertinent part as [t]he person who is qualified for and responsible for the entire project — contracted for and means, except as exempted in this act, the person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any -_ building or structure, including related improvements to real estate, for —_ others or for resale to others. Section 489.105(3), F.S. (1986 Supp.). And see, s. 489.105(a)-(c), F.S. (1986 Supp.), defining respectively the terms "[q]eneral contractor," "[b]uilding contractor," and "[r]esidential contractor"; and s. 489.105(3)(d)-(m), F.S. � s (1986 Supp.), including definitions for, inter alia, (j) "[c]ommercial pool contractor," (k) "[r]esidential pool contractor," and (m) "[p]lumbinq - contractor." _ A certified contractor (who may engage in contracting on a statewide basis) must establish his competency and other qualifications for certification, which requires the passing of the appropriate examination administered by the — Department of Professional Regulation. Section 489.113(1), F.S. (1986 Supp.). 1 Compare, the requirements in s. 489.113(1), supra, regarding a certified contractor, to those imposed on a registered contractor (who may engage in contracting only in the counties, municipalities, or development districts where he or she has complied with local licensinq requirements and only for the type of work covered by the registration) by s. 489.117, F.S., which states that to be initially registered an applicant shall submit the required fee and file evidence of holding a current local occupational license from a —_ municipality, county, or development district for the type of work desired and evidence of successful compliance with local examination and licensing requirements; no standard examination administered by the Department of — Professional Regulation is required for registration. Further, s. 489.115(4)1 F.S., requires that "(a]s a prerequisite to issuance of a certificate, the — applicant [for certification] shall submit satisfactory evidence that he has — obtained public liability and property damage insurance for the safety and welfare of the public in amounts determined by rule of the board...." See, Rule 21E-15.003, F.A.C., which sets forth the amount of liability and property damage insurance required by the board as a prerequisite to the issuance or renewal of specific contractors* certificates. As provided in part by s. 489.113(4)0 F.S. (1986 Supp.): When a aertificateholder desires to engage in contracting in any area of'the state, as a prerequisite therefor, he shall be required only to exhibit to the local building official, tax collector, or other person in charge of the 87•2 1 PAU 3 issuance of licenses and building permits in the area evidence of bolding a current certificate and to pay the fee for the occupational license and building permit required of other persons. (e.s.) The surety bond you describe appears to be in the nature of a bond to recompense the mnmicipality for damages done to municipal property during the course of the construction project involved or a financial guarantee of reparation for such damage. The requirement contained in s. 489.115(4), supra, that an applicant submit evidence of public liability insurance and property damage insurance as a prerequisite to certification when read with the provision of s. 489.113(4), supra, that "[w]hen a certificateholder desires to engage in contracting in any area of the state, [the certified contractor] shall be required only to exhibit ... evidence of holding a current certificate and to pay the fee for the occupational license and building permit required of other persons" (e.s.), lead me to the conclusion that this area has been preempted to exclusive regulation by the state. And see, AGO 73-399 wherein it is stated that a municipality may not require certified contractors to show evidence of liability insurance or to post a performance bond but that, pursuant to a proper nondiscriminatory regulatory ordinance, these requirements may be imposed on registered contractors as prerequisites to the issuance of a local regulatory license or certificate of competencyi and AGO 70-48. Cf., AGO 73-27 ("The language of [what is now s. 489.113(4)] makes it abundantly clear that the Legislature intended that the presentment of a certificate issued by the board accompanied by the proper fee for the occupational license and permit would be the only additional requirement for engaging in business in any part of the stater). See also, Tribune Company v. Cannella, 458 So.2d 1075, 1077 (F1a.1984) (under the preemption doctrine a subject is preempted by a senior legislative body from action by a junior legislative body if the senior legislative body's scheme of regulation of the subject is pervasive and if further regulation of the subject by the junior legislative body would present a danger or conflict with that pervasive regulatory scheme). It is clear that municipal ordinances are inferior and subordinate to state law. Therefore an ordinance may not conflict with any controlling provision of a state statute. If any doubt exists as to the degree of power attempted to be exercised which may affect the operation of a state statute, the doubt must be resolved in favor of the statute and against the ordinance. City of Miami Beach v. Rocio Corporation, 404 So.2d 1066 (3 D.C.A.Fla., 1981), pet. for rev. den., 408 So.2d 1092 (F1a.1981); Rinzler v. Carson, 262 So.2d 661 (F1a.1972); AGO's 86-54, 79-71. Cf., Tribune Company v. Cannella, supra. Therefore, as it appears that the state has preempted regulation of the area of public liability and property damage insurance for certified contractors and has specifically determined the prerequisites for such a contractor to engage in contracting in any area of the state, no municipal regulation on this point is authorized. In sum, it is my opinion that until legislatively or judicially determined otherwise, the City of Winter Springs is not authorized to require a certified contractor to provide the city with a surety bond for the protection of city property as a prerequisite to issuance of a building permit. Sincerely, ROBERT A. BUTTERWORTH AMm 42MAL Prepar6d by! mnd AS sif Rant Attdrniy General 67-21 END Ot DDMOM 11 f i F'CNa CM CUST: 393192 BILL: 152617 LCTL: 117068 OIL A. S. SVC R�% ADOR 1 3025 BLAINE ST NAM" ONE.... MAYOEN 'ENTERPRISES INC TYPE. • ... • . . _ Cl 04 d. L. l�EG SA J i 9r0,1: CO 5"A 7US........ _ - «CSLS� li�SX 2304V L CC-':C.... .'A"' S ';AYJEti Al A. Al' r'JARCSO..... 31'593 �.......... DATE DUE 3' `_•7- L^ . A"T ":LLED...... 31593 C E R T DATE......... BUYER DATi CREATED..... 31593 REVIEW DATE....... CERT# 1ST REMINDER..... U01 LAST REVIEWED BY. SCV. ST. 2?l*0 REMINDER..... UO2 TOTAL BILLED...... 14.00 3RO RSMTNOSM?..... UO3 PAID —TO —DATE...... 94.`00 NEXT BILL DATE... 31594 U04 ADJUSTMENTS....... LAST MAIN'T DATE.. 131593 UD5 PENALTY,DUE....... MEMO INDICATOR... N U06 INTERE13T DUE...':.. PRINT BILL IND... Y UD7 CURRENT DUE....... CRSATE BILL IND.. N UD8 TOTAL BALANCE 3 159 3169_ s n- a R/LDT'L FCNi LD CUST 393199 LCTL 117068 DTL i LICENSE DETAIL -_ L.: CENSc HOLDER -- -MUL NPA E HAYDEN ENTERPRISES INC rIRM HAYDEN ENTERPRISES AINC . AOCR =A J J S'AtiE' CO ADCR OVA .! �� S=:A��E C� — ACSR E 0 E:CX 330487 AODR 2 P 0 EOX 3304S7 71. S4A,'''i FL pHC\c 3C'S G592770 ZIP 33233-0487 PHONE 305 8582770 Z.! 33233-04e- --------`BSc - c;�. -_-_+OR`'AT'IC;V _- __- V ADMINISTRATIVE OF'' *CE `. S`A T uS 3 OWO ► RCVO HOLD MEMO N RATE CODE.......... .,002 - APCA7IOti 31593 LICENSE ISSUE DATE.......... LICENSE CREATE DATE......... 31593 LICctiSE EXPIRATION DATE..... DISCOUNT; IND AMT-------- BIL.LING INFORMATION -------- " T/C BILLING CYCLE,.... ; AN BILL CODE.. CO NXT Bii.t...©TE*411 4 _{i,' ANV"o' t• _ -94.00 CODE ENF. BOAR D NOTIF. N LST BILL DTE 3159 AMT 94.00 LOC SAL DUE BILL#1 152617 ;rO4MS 00 STICKERS 00 t., 'tF-- „ _ ..,�. 93 25" -f A .y. i i LC"� 1. FGti : Lw Ct;S- 393172 LCTL 1 17069 LICENSE CONTRC:_ ------- FIRM NA:�E-------------- ---------- OWNER INFORMATION -------- `A'"E ?AYOEN ENT•ERPRISSS INC NAME JA"'!2S J JCHSON JR irr- nU - .-Y:�_ fA 33223 -0487 P -:L- N I jj -vr I Y? u�._O1 STATUS 0 ACTIVE MEMO N -------- eILLING INFORMATION --------- BILLING CYCLE...., AN BILL CODE.. 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W 93- 252 r n 4iv _ FR ?Anit�g.A�l� ol Pace d5=, (c Wied 3/22/93) 93- �52 r • At" owwoierel. t% here hawse oecupationg we anov#A the following limitations and requiuet "ts apply: 4a, The home occupation shallbs conducted by not more than taro (2) persona, 00e (1) of whom shall reside on the premises. ibi The use of the dwelling unit for the home oacupati*oa shad" be incidental and • subordinate to its use Pot rssidsr W ptttpom by its oecupaMe, and the am devoted to the conduct of the home oocup d1w shall not me" tww tydl" (26) petoant at the floor area of the residence, exclusive of the area of any open porch of attached garage or similar space not suited or intended for occupancy as living quarters. ZONING 1906 ic► Home occupation shall be conducted in an accessory building only when it is Proven that the accessory building existed Prior to the aPPUcation and it complies with all requirements of the disWet where it is located. W, 'there shall be no change in the outside appearance of the building or premises as a result of the conduct of such home occupation, or any visible evidence thereof except not to exceed one (1) sign, not exceeding one (1) square foot in area, nonilluminated and mounted flat against the wall of the residence. ie) No traffic shall be generated by such home occupation in greats volume than would } normally be expected in the neighborhood, and any need for parking generated by such occupation shall be met off the street and other than in a required yard adjacent to a atnW. (0 No equipment or proem shall be used in such home occupation which creates noise, vibration, glare, f nnes, or odors detectable to the noirmal senses offthe lot, if the home occupation is conducted in a detached dwelliM or outside the dM►elling unit if con- ducted in any other form of dwellitW No equipment or process shall be used which creates visible or audible interference in any radio or television renewer:' or causes fluctuations in line voltage, off the premises. ig. No commodity shall be sold "or delivered upon the premises. (hi Home occupations shall be limited to the f0U0Wh* Architect, arwet, bf*w, con sultant, dressma 1ker, draftsman, eaghwee, interior decorator, lawyer, manulicturer's . agent, notary public, teacher (including band instnsaveut, and group in#suction), and other similar occupetIOUL 8pedikaft saa•,luded from permitted hoses occupadona are Physicians, dentists and nu dual lelmdorks. (it A home occupation shalt be MbIM to all INUMbb cite ao�up�tiond lioarss other business taxes. 93- 252 9 WLtM101 PON CLASS 1_ StUtAL. ft1Ntf File No, it is intended that Class 1 Special Permits be required where specified uses or characteristics• of use are of a nature requiring mandatory technical determinations or reviews to establish special conditions and safeguards. In general, such determinations and reviews will normally be by agencies or officers other than the Department of Planning, and may involve matters such as design for traffic, parking and loading facilities, health and environmental considerations, and legal deteeminations. The Zoning Administrator shall be responsible for the administration and processing or applications for name 1 Spsolal Permita, and for determinations thereon. Decisions or the toning Administrator regarding Class 1 Special paralto &hall be affected and limited by reports, received on mandatory referrals as provided in Section 1402. (Section 1301.2). I, r hereby.apply to the Zoning Administrator of tHe city or Mam for apprgvai of a Clean 1 Special Permit under the provisions or Article 13 and•14 at the City of Miami toning Ordinance. Zoning Districts M Address of ProperiY Nature of Proposed Use a specific) Per Ordinance 11000, as amended, Art. 9, Subsect. 906.5, to allow p i 1 Diti ofs�a�tbSpiolal E�intsaL theoealose�s i attach the following in support or explanation of this applications ' a) Legal description of property and/or survey, and/or floor plan. X b) Site plan, showing (as required) property boundaries, existing and proposed structure(s), parking, land- scaping, screening, eto., with dimensions and computa- tion of lot area, floor area ratio, lot coverage, eta. See Section 1304.2.1.(0). e) Fee of $100.00. d) Affidavit. N/A e) Notification of adjacent property owners. ` N/A f) Police Department Review (Memo). N/A g) Authorisation if City property. h) Other (specify) Racatnt Ne_ , Sigslature ' Owner or Autgorlsea Agent Name Address oar Lessee City, State, Zip Phone Fors 8-83 Zoning rAWeonor's Recommendations RedtLoed to ~ t � iette —Size I of 2 E 93— 252 P r , 20ning Administrator's rindingst subject to all conditions and lisitahioni of toning Ordinance 110000 as amended. it appealed must furnish full ownership disalbsure. t hereby cartity that 2 as ._ and 1 as applying for a Spacial class z pereit andT will be subject to tN — quireeants•and italtations of the City of Miami. tooing Ordinance 11000, as a+eanded. Signature un Before me, the dersip►edauthority,,autboriset to adainistos oaths and take acknowled acknowledgments, personally appeased . �`' rbq, after being first duly moss upoa oath deposes and saysthat s the applicant for s Special persit and that he has ssde'aad road tbs forogoisg appliestioa and that the etatesents - therein contaiaad are true and correct. k, Signature - a,— .uern and subscribed to before me this *day, of ¢ll`. 19 Notary fublis # 'State of norl_ds at Lap My Coewission expires v _fit= Page 2 of 2�- .}r 93- 2 52 r of tafttt WGIO RODRIGUM AICP ( CLSAIt H. OI iC) Ditwof �+,`lit,i gat � -,� .� City min,ge 40 i March 22, 1993 Re: SELY 601 of Lots 4 & 5. Blvck 26 RHODES AMD_PLAT OF NEW BISCAYNE (8-16) `> a/k/a 3025 »lainie Street. i To Whom It May Concern: A. search of-. �;d;- our:- records i ���.als . ws . ,have, no infozmat ion: s oncerri Ong a �ia'r ance, giai' �1ss Pant can the �aliova - t 'n If you have an questions, Y Y q please do not hesitate to call us. Very truly yours, �Cf16 i 7k iquez tive esistant yc PLANNING, BUILDING AND ZONING DEPARTMRNT V5 N.W. bW SaaNP.O. Box 3XPWMIWM, fL 33n34PWOM P94M t of t act RO% E. MLLI.AMS CESAR N. OD10 i.-nir.".Palo( �. ..... ��• �� : City Manager April 1, 1993 CERTIrIED MAIL Mr. Richard Weiss "Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 204 Miami, FL 33133 Dear Mr. Weiss: Res Bid Protest from Hayden Enterprises, Inc., .(Hayden) concerning Phase II, Dinner Key Marina Restoration Project As Chief Procurement Officer of the City of Miami, I received your protest letters of March 10, 16 & 19, 1993, reviewed pertinent documents, talked with employees, met with you and representatives of Cone Constructors, Inc., (Cone) and researched the issues, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Solicitations and Awards. The following is submitted* in response to the two issues raised in your letter of protests Issue #l: Cone Constructors Inc.'s alleged failure to comply with the Certificate of Competency requirements of the specifications for the above noted bid. Response: _ Section 2 of the "Instructions to Bidders" contained in the bid documents, provides for the licensing requirements of this project, and reads as followst - LICENSES: As a prerequisite to the - submission of a Bid, the Bidder shall - hold a valid Certificate of Competency, in the appropriate trade required for the work, issued by the appropriate examining board of Metropolitan Dade County. This provision is the standard, boilerplate language used in City construction bid SpAcifications and Contract Documents since 1969. (See Exhibit 1) Throughout more than 20 years, qualified = construction contractors have understood the intent of this requirement, have responded to City bids accordingly, and have been awarded contracts. The purpose for the requirement of a 93- 252 3 DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID WASTE/Procurement Monspment. Division 1390 N.W. 20th Street/Miiirni. Florida 33142130S► 95.5174/FAX: 1305) 575-5190 Mr. Richard Weiss hays Weiss Serota & Helfman valid Certificate of Competency from Metro Dade Country, was, and still is, to ensure that bidders are certified as competent to perform the required work, pursuant to Florida Statutes and Metro Dade County Code, Chapter 10, Contractors. Chapter 10 of the County Code governs contractors doing business in Dade County, including its municipalities. Specifically, this Chapter indicates the alternative methods by which contractors shall be certified as competent to bid on public works projects. Contractors may obtain certification either from the State s Florida Construction Industry Licensing Board or the County's Construction Trades Qualifying Board. (See Exhibit 2) Clearly, it was not the intent of the City of Miami to limit or restrict bidding to only those contractors who secured their certification to engage in contracting from Dade County's Construction Trades Qualifying Board. For the City of Miami to do so would conflict with state law. The City of Miami does not have the authority to regulate construction contractors by imposing stricter licensing requirements. Regulation of construction contractors is placed outside the scope of the City of Miami and codified under Part I, Chapter 489 of the Florida Statutes. In other words, no City of Miami ordinances nor bid specifications may preempt existing state law on this point. A 1987 State Attorney General's opinion, AGO 87-21, supports this view of the state's exclusive authority. The opinion further concludes that "...municipal ordinances are inferior and subordinate to state law" and that "...an ordinance may not conflict with any controlling provision of a state statute. If any doubt exists as to the degree of power attempted to be exercised which may affect the operation of a state statute, the doubt must be resolved in favor of the statute and against the ordinance." (See Exhibit 3) in your letter of 3/19/93 and in our meeting, you suggested that Cone did not submit to independent local testing by Metro Dade County, which you deemed material and significant. There is no evidence of deficiency on the part of this contractor. For the record, Metro Dade County is precluded from further testing any state certified contractor, including Cone, pursuant to F.S. Section 489.537(5)(a), to wit: "Municipalities or counties may continue to' provide examinations for their territorial area, provided that no examination is given the holder of a [state] certificate." (See Exhibit 4) Michael Cone, as qualifying agent for Cone Constructors, obtained a state certified general contractor's license by taking and passing the appropriate examination from the State of Florida's Construction Industry Licensing Board. (See Exhibit 5) On March 3, 1993, Cone was issued "a valid certificate of competency to 93~ 252 Mr. Richard Weiss 3 Weiss Serota & Helfman perform as a general contractor in Dade County, Florida in accordance with Section 10r-3 of the Dade County Code," as evidenced in a letter from Carlos F. Bonzon, Secretary of Dade = County's Construction Trades Qualifying Board. (See Exhibit 6) _ In the case of City of_O_naa Lorka v. Trustees of Plumbing Industry Promotion_ Fund. 193 So 2d 29, (Fla. )d DCA 1966), the circumstances you cited were not the same because Harry Pepper & Associates, prior to bidding, did not possess a valid certificate of competency qualifying him to perform the work, as required by Section 10.3 of Metro Dade County's Code. In this instance, Cone fully met the requirement of Section 10.3 at the time it submitted a bid to the City of Miami. Issue #2: Failure to award Hayden the "local preference" pursuant to the City of Miami Charter. Responses City Charter Sec. 29-A(b), allows the City, at its discretion, to apply a ten percent (10%) preference to vendors whose primary - offices are located within the City limits. With respect to construction bids, past practice has been for the Public Works Department to recommend the lowest responsible and responsive bidder, and at the time of bid award, advise the City Commission = whether any of the bidders is eligible for application of this local preference. The determination to apply the City's Local Preference rests with the City Commission. It is to be noted that the bid documents submitted by Hayden contained inconsistencies as regards the firm's primary office. On the bid forms, Hayden lists two (2) street addresses: 4532 SW 71 Avenue in unincorporated Dade County and 3025 Blaine Street in Coconut Grove. However, the Dade County occupational license, municipal contractor's occupational license and the Certificate of Competency for engineering contracting all show Hayden's address as 4532 SW 71 Avenue. Even the telephone directory lists this address for Hayden. _ Furthermore, although you state that Hayden has had its primary - office located in Coconut Grove for the past twenty-two years, City records indicate that a permit allowing the firm's commercial use of the 3025 Blaine Street address was only issued March 151, 1993. If in fact Hayden has used the Blaine Street address for commercial purposes for at least the past 10 years, -_ then it has done so without an accessory use permit and without a 93- 252 a Mr. Richard Weiss Page 4 Weiss Serota & Helfman City of Miami occupational license. Further, the firm had no City of Miami occupational license for this address at the time it submitted its bid. A City license for 3025 Blaine Street, the office you contend is Hayden,s primary office, was only issued to the firm one (1) day before you presented a notice of protest in their behalf, concerning the local preference. (See Composite A) Based upon the foregoing, I am rejecting your protest. The City Manager and City Attorney have approved my decision. The matter has been scheduled on the City Commission agenda for Thursday, April 15, 1993, beginning at 9:00 a.m. The meeting will be in the City Commission Chambers, City Hall, 3500 Pan American Drive, Miami, Florida. Sincerely, fficer/Assistant Director cc: Ron E. Williams, Assistant City Manager Carmen L. Leon, Assistant City Attorney Waldemar Lee, Assistant City Manager i Alfredo Gonzalez, Attorney,/ S Enclosures 7 93-