Miami Beach Convention Center
AGREEMENT BETWEEN
THE
CITY OF MIAMI BEACH
AND
BI- TECH CONSTRUCTION, INC.
TO
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID NO. 98-98/99
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
Bid #98-98/99
City of Miami Beach
CITY CLERK
AGREEMENT
THIS AGREEMENT made this ~# f) day of ~"P-It:Pu~01L.1999, A.D. between the
CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which
tenn shall include its Successors and assigns, party of the one part, and
Bi- Tech Construction, Inc.
15297 S. W. 69th lane
Miami, FL 33193
Telephone (305) 546-8658
hereinafter called the Contractor, which tenn shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated "Furnish and Install Porcelain Tile and Commercial Carpet at the
Miami Beach Convention Center" by said City, do hereby mutually agree as follows:
1. This Agreement shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, Successors and assigns. Neither this
Agreement nor any part thereof nor any part of the Work herein contemplated, shall be
assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of said
City evidenced by its resolution.
2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the tenns and conditions set forth thcrein, except when in direct contlict
with this written Contract, are as much a part hereof as if copied herein. If conflicts exist
between them and this written instrument, only that part of the matter in direct conflict
herewith shall not be construed to be a part hereof.
3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and
shall construct and complete in a good and workmanlike manner the materials herein
referred to within sixty (60) calendar days of the date of the Notice to Proceed.
4. Damages - City and Contractor recognize that the City will suffer direct financial loss if
Work is not completed within the Contract times specified in paragraph 3 above plus any
extensions thereof allowed. They also recognize the delays, expense and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner
if the Work is not completed on time, and therefore time is of the essence. Accordingly,
instead of requiring any such proof Contractor agrees to forfeit and pay Owner as
liquidated damages for delay (but not as a penalty) the amount of One Hundred
Bid #98-98/99
City of Miami Beach
2
Dollars (5100.00) for each calendar day that expires after the Contract Time
specified in ;1aragraph 3 for Completion until the Work is complete.
5. In such construction said Contractor shall furnish all implements, machinery, equipment,
transportation, tools, materials, supplies labor, and other things necessary to the execution
and completion of the Work, nOlhillg ut:ing required of the City except that it may, at its
expense, supervise such construction and enter upon and inspect the same at all
reasonable times.
6. If any dispute arises between the City and said Contractor with reference to the meaning
or requirements of any part of this Contract and they cannot agree, the more stringent
requirements shall govern as determined by the City.
7. If the Contractor shall complete the construction herein contemplated in a good and
workmanlike manner within the time herein specified and in accord herewith, the said
City shall pay to the Contractor the contract sum in accordance with the Conditions of the
Contract. The City. by allowing Contractor to continue with said construction after the
time for its completion hereinbefore stated shall not deprive City of the right to exercise
any option in this Agn:cment contained nor shall it operate to alter any other term of this
Agreement.
8. The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent of
Contract Amount, in the form as set forth herein or as otherwise approved by the City of
Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
9. The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
10. All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
II. Owner shall pay Contractor for performance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a
stipulated sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price:
$43,087.00
12. The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
Bid #98-98/99
City of Miami Beach
3
The Contract Documents may only be amended, modified or suprk:~~cnkJ us provid~d
in the U~neraj Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor
of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed
it its name.
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Contractor
CITY OF MIAMI BEACH
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(AuthorIZed Corporate
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Title
ATTEST:
~o f{l{Ck
City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Bid #98-98/99
City of Miami Beach
4
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
m
COMMISSION MEMORANDUM NO. ~ I.- 5-q1
TO:
Mayor Neisen Kasdin and DATE: September 22, 1999
Members of the City CO/iemiSSion
Sergio Rodriguez
City M,~nager
Request for Approval to Award a Contract to Hi-Tech Construction Inc., in the
Amount of $43,087, Pursuant to Bid No. 98-98/99 to Furnish and Install
Porcelain Tile and Commercial Carpet at the Miami Beach Convention Center.
FROM:
SUBJECT:
ADMINISTRATION RECOMMENDATION
To authorize the award.
BID AMOUNT AND FUNDING
$43,087
Funds are available from the Convention Center Capital Account
Number 441-2196-069358.
BACKGROUND
This Invitation to Bid was issued on August 2, 1999, with an opening date of August 30, 1999. A
mandatory Pre-Bid Conference and Site Inspection were held on August 17, 1999. One-hundred-
thirteen (113) notices were issued, resulting in the receipt of two (2) responsive bids.
The purpose of this Invitation to Bid is to replace the existing tile in the West Food Court of the
Convention Center. This tile has been in place for over ten (10) years and has become worn and
unsightly. This area receives very heavy pedestrian traffic and some of the tiles are cracked, causing
a safety hazard, therefore, is in need of replacement. The carpet borders surrounding the West Food
Court and adjacent to the terrazzo floors are also worn and require replacement. This Invitation to
Bid was issued for both the carpet and tile in order to maintain a consistent aesthetic look to the decor
of these areas.
This scope of this project is to install approximately 6,4 I 6 square foot of "Porcelanosa" porcelain tile,
replace 500 linear feet of baseboard and the installation of 421 yards of 30 oz. "Brentwood",
commercial cut pile carpet in the lobbies throughout the Miami Beach Convention Center.
AGENDA ITEM C 2..A
DATE q..22-QQ
3
Bid No. 98-98/99
Page Two
September 22,1999
BACKGROUND (Continued)
The Contractor will supply all labor, material, tools, equipment, and supervision necessary to remove
and dispose of the existing tile and carpet, furnish and install the green and white 12" x 12" tile and
the steel blue commercial cut pile carpet in accordance with the bid specifications.
The Contractor will provide a five (5) year factory warranty on the porcelain tile and a ten (10) year
factory warranty on the carpet, along with a one (1) year warranty on installation (labor/materials).
The Contractor will be required to complete this project within sixty (60) calendar days from the date
of the Notice to Proceed.
ANAL YSIS
References submitted by the contractor were verified, and all responses received were very favorable.
This contractor has completed several carpet, tile and drywall type projects. The references contacted
have stated that this firm has always produced good results with professional workmanship and
attention to detail.
BID TABULATION
Vendor Porcelain Tile & Commercial Total
Baseboards Carpet
Bi-Tech Construction Inc. $35,507 $7,580 $43,087
Coast to Coast Construction $51,304 $16,525 $67,829
Non-Responsive: RV Carpet, failed to submit required bid bond
CONCLUSION
The City Commission should authorize the award of this bid to the lowest responsive, responsible
bidder, Bi- Tech Construction, Inc.
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4
FUR~ISH AND L\ST ALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID # 98-98/99
Bid Proposal Page 1 of 2
\Ve propose to Furnish and Install Porcelain Tile and Commercial Carpet at the Miami Beach
Convention Center as per the Scope of Work, the following;
00 tt*"PD 5CO LN.:tJ. ~r--fLA\Lj,,^cl /.M~ t 2" 00
ITEM#
DESCRIPTION
PRICE
1)
Furnish and Install Porcelain Tile, to include
Removal and Disposal of Existing Tile.
$ 3"3 I J407 . .
l\1anufacturer and Model Proposed:frl Ce ItvV(,~~A7~- - f;/;'; ~\~; Is rtt;-Ij(,l-I;,\l) i 1~ijlx ~'j T E i Of.. HA7l;ii L .
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2)
Furnish and Install Commercial Carpet, to include
Removal and Disposal of Existing Carpet.
$7,5W
l\'lanufacturer and Model Proposed: bBA1(j LU(l)O 3D 07!::- .
s h:~. b'-L) Lc.--
%dh lr(ylC! {feel!- C~f
TOTAL PRICE: $
U::l- (iV:Z -,
'1 J . G ../ I
BID NO. 98-98/99
DA TE: July 30, 1999
20
FUR1'i[SH A;\D [i\STALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID # 98-98/99
Bid Proposal Page 2 of 2
NOTICE TO BIDDERS
IF BIDDING ON EQUAL:
I) MUST MEET FULL SPECIFICATIONS.
2) MUST ENCLOSE DESCRIPTIVE LITERATURE.
Bidders must sign below to ac~ge receipt ~ (if necessary). .
Amendment No. I: -&\C,A >-> 0 ' , · . 11:.p:;, ~ "2J:z::: I\.flf.
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Amendment No.2:
Amendment No.3:
Payment Terms: 2% 10 EOM. If other, specify here:
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Delivery: JO days after receipt of order.
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SUBMITTED BY:
SIGNED:'
~ I certify that I am au orized to execute this proposal and commit the bidding finn.
NAMEffITLE (PRINT): ~AbL ::r, )lGOAI:::i? /::ru-C;;br-~T
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ADDRESS: IS 2'1 7 So. L0 . 0t1tt.. L~
CITY/STATE: ~1IAt11 j ::fLO~~ 64.
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TELEPHONENOJ~) 54-6-0650
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ZIP: ~~ it13
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FAX NOJ XI ~.) 3eb ~ '3 '7 .
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BID NO. 98-98/99
DATE: July 30,1999
21
BID OR PROPOSAL BOND
BOND NO. 827296-BB
KNOW ALL MEN BY THESE PRESENTS. that we BI-TECH CONSTRUCTION. lNe. as PRINCIPAL, (hereinafter
called the Principal). and Indemnity Insurance Comnanv of North America a corporation duly organized under the State
ofPennsvlvania and authorized to transact a generdl surety business in the State of Florida as SURETY. {hereinafter called
th,p C;;:"r.,,-~\ 1rp hpl.rf f'h..,.., "'("'~f" n""~",:
CITY OF MIAMI BEACH
as OBUGEE, (hereinafter called the Obligee), in the full and just sum of Five Percent (5%) of amount bid not to exceed
Three- Thousand and 00/100 Dollars ($3.000.00) of the actual total of the accompanying bid of the Principal, in lawful
.null,-_ ;;' ::l.: (;.,;....1 :::,.HC) VI ....,lICfl<:a. .v ,)e paid to the Obligee, to which payment will and truly to be made we bind
ourselves, our heirs, executors, administrators, succesors and assignees, jointly and severally and firmly by these presents:
THE CONDmONS OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit
to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated
work, or (2) the furnishing of the specified goods, supplies or products, to-wit:
BID NO.:
PROJECT:
98-98/99
Furnish and Install Porcelain Tile and Commercial Camet at the Miami Beach Convention Center
NOW THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall
duly make and enter into a written contract with the Obli~ee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented
to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and
if the Principal shall give bond or bonds for the faithful performance thereof, and lor for payment for labor and materials
going thereinto. as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay the
Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum
of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said
bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within
the bid provisions, whichever time shall be greater and unless the Obligee hereunder shall give notice to Surety of said
award at the time of notification to the Principal; and unless legal action to enforce any ~Iaim hereunder shall have
commenced within six (6) months form the date of the formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy
of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such a bond, the Serial Number upon which
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Signed, sealed, and dated this 30th day of Au!!ust, 1999
Prindpal
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'nlat the President, any SerUtlT Vice President, any Vice President. and Assistant Vice President. N any Attorney-in-Fact, may execute fOT and (111 behalf (If the Company ;my and all bonds, Wldertakings. recClgruzances, ~
C{lntracts and < lther writings i.n the naUlre thereof. the SiUne to be attested when necessary by the Corporate Secretary, or any AsSLstallt Corporate Secretary, and the seal (lfthe Company affixed thereto~ and that the 1
Pre.'Ide"l, "ny Semor VIce Preside"t. .my VIce Preslde"t or any .lsSlstant VIce President may app,'int and autllOr1ze any otller Officer (elected <'r appoinled) oftlle Company. ant Attorneys-In.Fact to so execute or attest 1
t(l the execllti0n nLLll such wnrings t'Il ~half ('fthe C(ltt1pany and t(l ;ttlL" the s~a1 (,(the Cl)mpany thaet0 j
Any sHch wntmg executed in accClrdance Wlth these Rules shall be as bmding upon the Cmnpany in any case as thongh signed by the President and attested to hy the Corptlrate Secretary. ,11
"[lIe signature of the President, or a Sen1l'r Vice President, llf a Vice President, N an Assistant Vice President and the seal (lfthe Comp,UlY may be atlixed by facsimile on any power of attorney granted pursuant to this
Re,'iolution, and the slgnahue ofa cerofying Officef and the seal "fthe ('Ptnl';\l\V!I1W h~ :\tli.'\~d hy facsimile tll any certificate (lfany SlIch power, ~md any such p0wef Pf certlticate bearing sHch tacsimile signature and
seal shall he valid and binding on the C0mpany
SlIch other Otlicers of the C(lmpany, and Att0meys-[n.Fact shall have authonty to cernfy (l[ venfy copies ofthi.c; Resolution, the By.Law~ of the Cllmpany, aud any atlidavit Of record of the Company necessary to the
discharge of their duties
(5) The passage of this Resolution does nN revoke any earlier alltlwnt~l granted by Resolutions (lfthe Board {lfDirectors adl'pted 0n June 9, 1953, May 2X, 1975, and March 23, 1977."
does hereby nominate. constitute and appoint OTTO V. LATIMER, JR. of the City of Miami, State of Florida. each individually ifthere be more than one
- named, il~ true and lawful attomey-in-t,lCt. to make, execute, seal and deliver on il~ behalf; and as its act and deed any and all bonds, undertakings, recognizances,
en contracts and other writings in the nature thereof in penalties not exceeding Five Hundred Thousand Dollars ($500.000) and the execution of such writings in
8.. pursuance of these presents shall he as hinding upon said Company. as Rilly and amply as if they had heen duly execukd and ackowledged by the regularly decIed
<D otlicers of the Company at il~ principal otlice.
~ en IN WITNESS WHEREOF. the said William Jungreis . Vice. President. has hereunto subscrihed his name and aftixed the corporate seal of the said
C <D INDE,vINITY INSURA.."'CE CO;\IPANY OF NORTH AMERICA this 25th day of March 1999.
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INDEMNITY INSURANCE COMPANY OF NORTH AMERICA
827296
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Know all men hy these presents: That INDEMNITY INSURANCE COMPANY OF NORTH AMERICA. a corporation of the Commonwealth of
Pennsylv'Ulia, having ils principal ottice in the City of Philadelphia, Pennsylvania. pursuant to the following Resolution. adopted hy the Board ofDire~10rs of the said
Company on Deccmher 5, 191<3, to wit:
"RESOL VED, TItat pursuant to Arh.c1es J IX and" I \lfth~ Ay-Law.", the f0Ul1wing Rules shall govern die execution [(If the Company (\fbonds, undert.1kings. rewgruz..:'Ulces, contrncts and other writings in the nature
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF PHILADELPHIA ss.
On This 25th day of~[arch, A.D. 1999, hefore me, a Notary Public ofthe Commonwealth of Pennsylvania in and for the County of Philadelphia came
William Jungreis, Vice-President of the INDEMNITY INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and
officer who executed the preceding instrument. and he acknowledged that he executed the same, and that the seal aftixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that
Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument. is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
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NOTARIAL SEAL
DEBRA M. MARANO, Notary Publie
CIty of Philadelphia, Phlla. County
My Commission Expires Dee 20. 1999
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Notary Public
I, the undersigned Secretary ofINDEMNITY INSURANCE COMPANY OF NORTH AMERICA, do hereby certifY that the original POWER OF
ATTORNEY, of which the foregoing is a substantially true and correct copy, is in fbll force and effect.
In witness whereot; I have hereunto subscrihed my name 'L~ Secretary, and aftixed the corporate seal of the Corporation. this ...3QthIay of
August .J..99.9
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THIS POWER OF ATTORNEY M.-\ Y NOT BE USED TO EXECUTE A.l'lY BOND WITH .-\1"" INCEPTION DATE AFTER March 25,200 I .
BS-38449d
NOT VALID UNLESS PRINTED ON TEAL BACKGROUND
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pl..nER 100 % B~F NYLON
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Y!....RN WEIGHT 300Z l
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S'TITCHES PER r.-:CH , 12 .. r '-,
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A ~MOE" mE HEIGHT .220
WEIGHT !'J~SlTY 129,467
PP'Jj.-{AR-y SACKING WOVEN'! POL YFROPYI...EKE
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~7~)O N,W 13th Tlwact? M!aml Flori0.(l 331 72. Tel: (305) 715-7153. Fax (305) 592-69119
:\Ugllst 30, 1999
Rafael Aguadu
Vl:-TECH COI1Strc/Cti(~1l
15:'97 SW f)O'M Ler.:
Miami FL i3 1 ~3
Dear Mr. AglLado:
Please bl' "J~,':se that we \\'ill glluranlt;:t:: i:iI:Y Technical fe"ture that is attached.
If you have ;in} question r.!edse do nor hesitate 10 c(lIlta('t us.
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MIami, Ago~:c' Ji) c;e 1999
Rafael Aguad'.)
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State Certified Contractors
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Lic.# CG-Ol60366
15297 S. W. 69th Lane
Miami, Florida 33193
Ph.(305)546-8658
Pager(305)21O-6740
Fax (305)386-0237
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INVITATION TO BID
FURL~ISH AND INSTALL PORCELAIN TILE AND
COMMERCIAL CAFJ>ET AT THE MIAMI
BEACH CONVENTION CENTER
UTn .J..J. ~Q t'Q '99
..IJi~ rr ./u- ./UJ
BID OPENING: AUGUST 30, 1999 AT 3:00 P.M.
Michael A. Rath, CPPB, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
~~3-7f/51 ;L7/
BID NO. 98-98/99
DATE: July 30,1999
INSURANCE CHECK LIST
XXX I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily
injury property damage to include Premises/ Operations; Products. Completed Operations and Contractual
Liability. Contractual Liability and Contractual fndemnity (Hold harmless endorsement exactly as written in
"insurance requirements" of specifications).
\'XX 3 Aut0mnhil,> r 'lhil;" -), .nnl'.C'C'C' ~,:~:; C-':~u.-i'';i;';''; - l"VlI<.:J/non-owned/hired automobiles included.
4. Excess Liabilicy - S
.00 per occurrence to follow the primary coverages,
XXX 5, The Cicy must be named as and additional insured on the liabilicy policies; and it must be stated on the certificate,
6. Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
s
S
$
S
$
$
.00
.00
.00
.00
.00
.00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:Vf or better, latest edition.
XXX 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required
within five (5) days after bid opening. ~: ~'
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Bidder ~ture' of Bidder I
BID NO. 98-98/99
DATE: July 30,1999
14
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
INVIT A TION TO BID NO. 98-98/99 (AMENDED)
ADDENDUM NO.1 PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE
August 23, 1999 MIAMI BEACH, FLORIDA 33139
TELEPHONE: (305) 673,7490
SUNCOM: (305) 933~ 7490
FAX: (305) 673-7851
City of Miami Beach Invitation to Bid No. 98-98/99 to FURNISH AND INSTALL PORCELAIN
TILE AND COMMERCIAL CARPET AT THE MIAMI BEACH CONVENTION CENTER,
is amended as follows:
CHANGE: Page 11, Section 2,0, Para, 2.5, of the bid specifications to read "Installation shall be
achieved within sixty (60) days of Award of the Contract".
ADD: The following Attachment #1, "Technical Specifications" for the required West
Food Court baseboards with approximate linear footage (453' 9"). Contractor shall
supply five-hundred (500) linear foot as extra for future repairs. Also included is a
drawing of the West Food Court Area, where the porcelain tile is to be installed,
along with the Sign-In Sheet for the August 17, 1999 Mandatory Pre-Bid Conference.
ADD: The distributor of the Brentwood Commercial Carpet is;
SOUTHLAND
2701 NW 17th Lane
Pompano Beach, Florida 33064
(P) (800) 432-4580
(F) (954) 973-6333
The bidder must acknowledge receipt of this addendum, as well as receipt of all addenda, on the
proposal page.
All other terms and conditions of Invitation to Bid No, 98-98/99 remain unchanged at this time.
CITY OF MIM!l~EACH
t -l(~~
,-/L,,- ,-C:. ~ ((Q3..._<._~
Michael A. Rath, CPPB
Procurement Director
,~ -- ,"'--, ,...:.'* ""'.AMl BEACH CONVENTION CENTER
305 673 7435
PAGE. 2/3
MIAMI BEACH CONVENTION CENTER
ITEM DESCRIPTION:
~STFOODCOURT.BASEBOARDS
Technical SpeclftcatJons
6" (high) x ~ radius
Poplar wood
Ml/Iwcrk
Areas
LInear Feet
145' Small Columns
5' By Glass Doors
26' 6" Larle Columns
22' 10" Large Columns
18' 4" Condiment Base
56' 1" Curved Wall North End
47' North East End Wall
47' South East End Wall
56' Curved Wall South End
15' Bar Door South
1 5' Bar Door Nortl'l
TOTAL APRPOXIMA TION
REQUESTED TOTAL BASEBOARDS
453' 9" ,
500'
Waste baseboard totaling 46' 3" usage for cuts and fuwre repairs as needed.
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FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER.
( MANDATORY PRE-BID CONFERENCE)
DATE: 8/17/99,11:00 A.M.
Name (Please Print)
Company, Address
Phone #
Fax #
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BID NO. 98-98/99
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER.
( MANDA TORY PRE-BID CONFERENCE)
DATE: 8/17/99, 11:00 A.M.
Name (Please Print) Company, Address Phone # Fax #
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INVITATION TO BID
VlT"RNTSH ANn TNSTAl"] 'PORCELAIN TILE AND
COMMERCIAL CARPET AT THE MIAMI
BEACH CONVENTION CENTER
BID # 98-98/99
BID OPENING: AUGUST 30, 1999 AT 3:00 P.M.
Michael A. Rath, CPPB, Procurement Director
City of Miami Beach - Procurement Division
1700 Convention Center Drive
Miami Beach, FL 33139
BID NO. 98-98/99
DATE: July 30, 1999
CITY OF MIAMI BEACH
~
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.n,us
PROCUREMENT DIVISION
Telephone (305) 673-7490
Facsimile (305) 673-7851
INVITATION TO BID NO. 98-98/99
CITY OF MIAMI BEACH
Sealed bids will be received by the City of Miami Beach Procurement Director, 1700 Convention
Center Drive, Miami Beach, Florida 33139 until 3:00 P.M. on August 30,1999 to:
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
At time, date and place above, bids will be publicly opened. Any bids or proposals received after
time and date specified will be returned to the bidder unopened.
Specifications may be obtained upon request from the Procurement Division, telephone number
(305) 673-7490, Bid Clerk,
A Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 11 :00 a.m. on August
17th, 1999, at City of Miami Beach Convention Center, 4th Floor Executive Offices, located at 1901
Convention Center Drive, Miami Beach, FL 33139.
The Estimated Budget for this Project is $40,000.
A Bid Bond of five (5%) percent ofthe bid amount will be required, The successful bidder will be
required to furnish Perfonnance and Payment Bonds, each in the amount of one-hundred (100%)
percent of the contract amount
You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance
with Ordinance 99-3164, From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff. The
ordinance does not apply to oral communications at per-bid conferences, oral presentations before
evaluation committees, contract discussions during any duly noticed public meeting, public
presentations made to the City Commission during any duly noticed public meeting, contract
negotiations with the staff following the award of an RFP, RFD, RFLI, or bid by the City
Commission, or communications in writing at any time with any city employee, official, or member
of the City Commission unless specifically prohibited.
BID NO. 98-98/99
DATE: July 30,1999
2
A copy of all written communications must be filed with the City Clerk. Violation of these
provisions by any particular bidder or proposer shall render any RFP award, RFD award, RFLI
award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be
considered for any RFP, RFD, RFLI or bid for a contract for the provision of goods or services for
a period of one year.
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail
or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL
33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence.
All questions must be received no later than ten (10) calendar days prior to the scheduled bid
opening date. All responses to questions/clarifications will be sent to all prospective bidders in the
form of an addendum, NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID
DEADLINE,
The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best
interest of the City of Miami Beach, or waive any informality in any proposal or bid, The City of
Miami Beach may reject any and all proposals or bids.
CITY OF MIAMI BEACH
Cl^-^--C ~(22
Michael A. Rath, CPPB
Procurement Director
Je
BID NO. 98-98/99
DATE: July 30, 1999
3
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID # 98-98/99
1.0 GENERAL CONDITIONS
1.1 SEALED BIDS:
Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to
be considered for award. All bids are subject to the conditions specified hereon and on the attached Special
Conditions, Specifications and Bid Form.
The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of
Miami Beach Procurement Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139.
Telegraphic bids will not be accepted.
1.2 EXECUTION OF BID:
Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form.
Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be
completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single
line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the
person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The
original bid conditions and specifications CANNOT be changed or altered in any way, Altered bids will not
be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid.
1.3 NO BID:
Ifnot submitting a bid, respond by returning original copy of Bid Form, marking if "No Bid", and explain the
reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name
from the bid mailing list. NOTE: A bidder, to qualify as a respondent, must submit a "no bid" and same must
be received no later than the stated bid opening date and hour.
1.4 PRICES QUOTED:
Deduct trade discounts and quote fUlTl net prices. Give both unit price and extended total, when requested,
Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in
computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination,
freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, ifmade,
will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt
is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will
not be a consideration in determination of award ofbid(s).
1.5 TAXES:
The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use
~~[lUli..,:dLI.;; i"''4UldUl;.;i 1~ V-t-VUV~ -; -V~-'=J
1.6 MISTAKES:
Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all
instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk.
1.7 CONDITION AND PACKAGING:
It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and
current model offered (most current production model at the time of this bid). All containers shall be suitable
for storage or shipment, and all prices shall include standard commercial packaging.
BID NO. 98-98/99
DATE: July 30,1999
4
1.8 UNDERWRITERS' LABORATORIES:
Unless otherwise stipulated in the bid, all manufactured items and fabricated assemhlies sn:1l1 he TT T liot",-l
or re-examination listing where such has been established by U.L. for the item(s) offered and furnished,
1.9 BIDDER'S CONDITIONS:
The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or
any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL.
1.10 EQUIVALENTS:
If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must
so indicate on his bid, Specific article(s) of equipment/supplies shall conform in quality, design and
construction with all published claims of the manufacturer.
Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as
to a standard of acceptable product quality level only and should not be construed as an endorsement or a
product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify
that product(s) offered conform with or exceed quality as listed in the specifications.
Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified
brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered
requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications
and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA,
Lacking any written indication of intent to quote an alternate brand or model number. the bid will be
considered as a bid in complete compliance with the specifications as listed on the attached form.
1.11 (NOT USED)
1.12 (NOT USED)
1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS:
Items may be tested for compliance with specifications, Item delivered, not conforming to specifications, may
be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid
and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the
bidder, Any violation of these stipulations may also result in;
A) Vendor's name being removed from the vendor list.
B) All departments being advised not to do business with vendor.
1.14 SAMPLES:
Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request,
be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within
(30) days after bid opening. All samples will be disposed of after thirty (30) days, Each individual sample
must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify
samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the
Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
1.15 DELIVERY:
Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in
calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may
become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday
through Friday, excluding holidays.
BID NO. 98-98/99
DATE: July 30, 1999
5
1.16 INTERPRETATIONS:
Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted
in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305)
673-7851.
1.17 (NOT USED)
1.18 (NOT USED)
1.19 AWARDS:
In the best interest of the City of Miami Beach, the City Commission reserves the right to reject all bids or any
portion of any bid they deem necessary for the best interest of the City; to accept any item or group of items
unless qualified by the bidder; to acquire additional quantities at prices quoted on the Bid Form unless
additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED
QUANTITY ONLY". All awards made as a result of this bid shall conform to applicable Florida Statutes.
1.20 BID OPENING:
Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received
after that time shall be returned, unopened,
1.21 INSPECTION, ACCEPTANCE & TITLE:
Inspection and acceptance will be at destination unless otherwise provided, Title t%r risk of loss or damage
to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or
damage result from negligence by the buyer. If the materials or services supplied to the City are found to be
defective or not conform to specifications, the City reserves the right to cancel the order upon written notice
to the seller and return product at bidder's expense.
1.22 PAYMENT:
Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found
to comply with award specifications, free of damage or defect and properly invoiced.
1.23 DISPUTES:
In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the
buyer shall be final and binding on both parties.
1.24 LEGAL REQUIREMENTS:
Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items
covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility.
1.25 (NOT USED)
1.26 (NOT USED)
1.27 PATENTS & ROYALTIES:
The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its
employees from liability of any nature or kind, including cost and expenses for, or on account of, any
copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance
of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device
or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials
in any way involved in the work.
BID NO. 98-98/99
DATE: July 30,1999
6
1.28 OSHA:
The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects
...~ ...1" "L",.~,-1,-,...J., ,.,..... (',....,-+1... ;.... ..1.." ("\,,"'.......,..\f-;t"'\t"'l....1 C'"f,...h' .,..,rt Trr~.,ftl"'1 ^....... "f 10-'7" ....r. .....~,........-""rt .,....,-J ..1..... ~.....:,................
..v l.._..... v~..4.1.....~..........J .,...~ ......... ... ...... .,......~.t......'-'..~.. '_',.......j ,....... ..--...... .-........, . . -", ....... ..........................., ............. ........ ......~...........v
comply with this condition will be considered as a breach of contract. Any fines levied because of
inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same.
1.29 SPECIAL CONDITIONS:
Any and all Special Conditions that may vary from these General Conditions shall have precedence.
1.30 ANTI-DISCRIMINATION:
The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202,
Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for
all persons without regard to race, color, religion, sex or national origin,
1.31 AMERICAN WITH DISABILITIES ACT:
Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five
days in advance when possible), or information on access for persons with disabilities.
1.32 QUALITY:
All materials used for the manufacture or construction of any supplies, materials or equipment covered by this
bid shall be new, The items bid must be new, the latest model, of the best quality, and highest grade
workmanship,
1.33 (NOT USED)
1.34 LIABILITY, INSURANCE, LICENSES AND PERMITS:
Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform
work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and
expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all
applicable Dade County and City of Miami Beach building code requirements and the South Florida Building
Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder
(or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid.
1.35 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE:
Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After
acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of
insurance in the amount specified in Special Conditions,
1.36 DEFAULT:
Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is
made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred
by the City thereby, or where surety is not required, failure to execute a contract as described above may be
grounds for removing the bidder from the bidder's list.
1.37 CANCELLATION:
In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give
written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10)
days, recommendation will be made to the City Commission for immediate cancellation. The City Commission
of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time
and for any reason, upon giving thirty (30) days prior written notice to the other party,
1.38 BILLING INSTRUCTIONS:
Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in
DUPLICATE to the City of Miami Beach department/division stated on the purchase order.
BID NO. 98-98/99
DATE: July 30,1999
7
1.39
1 1f'
1.41
1.42
1.43
1.44
1.45
1.46
1.47
1.48
(NOT USED)
(1drlT 11<;:r:r"
" ,. L . . . .
NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH:
Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M,
SUBSTITUTIONS:
The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected
to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's
expense.
FACILITIES:
The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice.
BID TABULA nONS:
Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope
with the bid.
AWARD CHALLENGE:
All costs accruing from a bid or an award challenged as to quality, etc. (tests, etc.) shall be assumed
by the challenger. All bid challenges are to be in writing and filed with the Procurement Director.
The Procurement Director will notify challenger of the cost and time necessary for a written reply to
the challenger.
(NOT USED)
(NOT USED)
CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS:
If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the
specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach
Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification.
All such requests for clarification must be made in writing and the person submitting the request will be
responsible for its timely delivery.
Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami
Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal
changes are required. The City shall issue a Formal Addendum if substantial changes which impact the
technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each
Bidder receiving the Solicitation, In the event of conflict with the original Contract Documents, Addendum
shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over
prior addendum only to the extent specified.
The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space
provided on the Bid Proposal Form, Failure to acknowledge Addendum shall deem its Bid non-responsive;
provided, however, that the City may waive this requirement in its best interest. The City will not be
responsible for any other explanation or interpretation made verbally or in writing by any other city
representative.
1.49 DEMONSTRATION OF COMPETENCY:
1) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be
considered from firms which are regularly engaged in the business of providing the goods and/or services as
described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable
BID NO. 98-98/99
DATE: July 30, 1999
8
period of time, and have sufficient t1nancial support, equipment and organization to insure that they can
satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well established
company in line with the best business practices in the industry and as determined by the City of Miami Beach.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities ofa Bidder, including past performance (experience) with the City in making the award in the best
interest of the City.
3) The City may require Bidders to show proof that they have been designated as authorized representatives
of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supplies to the City through the designated representative, Any conflicts between this material
information provided by the source of supply and the information contained in the Bidder's Proposal may
render the Bid non-responsive.
4) The City may, during the period that the Contract between the City and the successful Bidder is in force,
review the successful Bidder's record of performance to insure that the Bidder is continuing to provide
sufficient fmancial support, equipment and organization as prescribed in this Solicitation. Irrespective of the
Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary
status and implement termination procedures if the City determines that the successful Bidder no longer
possesses the financial support, equipment and organization which would have been necessary during the Bid
evaluation period in order to comply with this demonstration of competency section.
1.50 AWARD OF CONTRACT:
A) The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming
to the Solicitation, is most advantageous to the City of Miami Beach. The lowest responsive, responsible
Bidder(s) will be determined in conjunction with the method of award which is described in the Special
Conditions. Tie Bids will be decided as described in Special Conditions.
B) The City shall award a contract to a Bidder through action taken by the City of Miami Beach City
Commission at a duly authorized meeting. This action shall be administratively supported by a written award
of acceptance (Purchase Order), mailed or otherwise furnished to the successful Bidder; which shall constitute
a binding contract without further action by either party.
C) The General Terms and Conditions, the Special Conditions, the Technical Specification, the Bidder's
Proposal and the Purchase Order are collectively an integral part of the contract between the City of Miami
Beach and the successful Bidder.
D) While the City of Miami Beach City Commission may determine to award a contract to a Bidder(s) under
this Solicitation, said award may be conditional on the subsequent submission of other documents as specified
in the Special Conditions. The Bidder shall be in default of the contractual obligations if any of these
documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in
default, the City, through the Procurement Director, will void its acceptance of the Bidder's offer and may
determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The
City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs
sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year.
E) The Term of the Contract shall be stipulated in the Purchase Order which is issued to the successful
Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the
contractual period stipulated on the Purchase Order, the Purchase Order shall prevail. If the comract involves
a single shipment of goods to the City, the contract term shall be concluded upon completion of expressed and
implied warranty periods.
BID NO, 98-98/99
DATE: July 30,1999
9
F) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to
a subsequent optional period; provided that such option is stipulated in the Special Conditions. If the City
exercises the right in writing, the Bidder shall update and submit any legal documents required during the
initial Solicitation by no later than sixty (60) calendar days prior to the commencement of the option period,
These documents, which are ~pecitied in the Special Conditions and include, but are not limited to, insurance
certificates and performance bonds, must be in force for the full period of the option. If the updated documents
are not submitted by the Bidder in complete form within the time specified, the City may rescind its option,
declare the Bidder to be in default of its contractual obligations and award to the next low bidder or seek a new
bid Solicitation, The City may, at its sole option, seek monetary restitution from the Bidder as a result of
damages or excess cost sustained and/or may prohibit the Bidder from submitting future Bids for a period of
one year.
G) The City reserves the right to automatically extend this contract for a maximum period not to exceed ninety
(90) calendar days in order to provide City departments with continual service and supplies while a new
contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder,
in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the
extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees
to this right.
1.51 ASSIGNMENT:
The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or
all of its right, title or interest therein, or his or its power to execute such contract to any person, company or
corporation without prior written consent of the City of Miami Beach.
1.52 LAWS, PERi\lITS AND REGULATIONS:
The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall
comply with all laws, ordinances, regulations and building code requirements applicable to the work
contemplated herein,
1.53 OPTIONAL CONTRACT USAGE:
As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting
contract, provided the Department of Management Services, Division of Procurement, has certified its use to
be cost effective and in the best interest of the State. Contractors have the option of selling these commodities
or services certified by the Division to the other State agencies at the agencies option.
BID NO. 98-98/99
DATE: July 30,1999
10
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID # 98-98/99
2.0 SPECIAL CONDITIONS
2.1 PURPOSE:
The purpose of this bid is to establish a contract, by means of sealed bids, to Furnish and Install Porcelain Tile
and Commercial Carpet, and to include Removal and Disposal of Existing Tile and Carpet at the Miami Beach
Convention Center.
2.2 TERM OF CONTRACT: N/A
2,3 METHOD OF AWARD:
Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be most
advantageous to the City of Miami Beach.
2.4 PAYMENT:
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down
payments will be made.
2.5 INSTALLATION TIME:
Installation shall be achieved within 30 days of Award of the Contract.
2.6 ADDITlONS/DELETlONS OF FACILITIES: N/A
2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A
2,8 PRE-BID CONFERENCE/SITE INSPECTION:
A MANDATORY Pre-Bid Conference/Site Inspection will be held on August 17, 1999 at 11:00 A,M., at the
Miami Beach Convention Center, 4th Floor Executive Office, located at 1901 Convention Center Drive, Miami
Beach, FL.
2.9 INSURANCE AND INDEMNIFICATION:
(See Check List for applicability to this contract.)
The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances
and property of every description, used in connection with this particular project. He shall specifically and
distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed
on or in connection with the work and of all damage or injury to any person or property wherever located,
resulting from any action or operation under the contract or in connection with the work. It is understood and
agreed that at all times the contractor is acting as an independent contractor.
The contractor, at all times during the full duration of work under this contract, including extra work
in connection with this project shall meet the following requirements:
Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the
State of Florida.
BID NO. 98-98/99
DATE: July 30,1999
11
Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for
limits) to protect the contractor 10 the interest of the City against all risks of injury to persons (including death)
or damage to property wherever located resulting from any action or operation under the contract or in
connection with the work. This policy is to provide coverage for premises/operations, independent contractor,
broad fonn property damage, products/completed operations and contractual liability,
Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired
automobiles and equipment used in connection with the work.
Maintain any additional coverages required by the Risk Manager as indicated on the Insurance Check List.
Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When
naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby
agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or
assessments. A copy of the endorsement(s) naming the City of Miami Beach as an additional insured is
required and must be submitted to the City's Risk Manager.
No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of
Miami Beach Risk Manager.
All insurance policies shall be issued by companies authorized to do business under the laws of the State of
Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest
edition.
Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall
be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate
must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit
updated certificates of insurance for as long a period as any work is still in progress.
It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to
any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the
work perfonned in this contract.
All policies issued to cover the insurance requirements herein shall provide full coverage from the
first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless
specific safeguards have been established to assure an adequate fund for payment of deductibles by
the insured and approved by the City's Risk Manager.
The liability insurance coverage shall extend to and include the following contractual indemnity and
hold hannless agreement:
"The contractor hereby agrees to indemnify and hold hannless the City of Miami Beach, a municipal
corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and
up to the amount of $1 ,000,000.00 for each occurrence and for all damages to the property of others
in and up to the amount of $1 ,000,000,00 for each occurrence per the insurance requirement under
the specifications including costs of investigation, all expenses of litigation, including reasonable
attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts
of omission or commission of any by the contractor, his agents, servants, or employees, or through
the mere existence of the project under contract",
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents,
and employees, as detennined by a court of competent jurisdiction.
BID NO. 98-98/99
DATE: July 30,1999
12
The contractor will notify his insurance agent without delay of the existence of the Hold Harmless
Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the
insurance agent and carrier.
The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole
purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and
all claims arising out of this contractual operation,
The contractor will secure and maintain policies of subcontractors. All policies shall be made
available to the City upon demand. Compliance by the contractor and all subcontractors with the
foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall
not relieve the contractor and all subcontractors of their liabilities and obligations under any Section
or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and
omissions of the subcontractor and of persons employed by them as he is for acts and omissions of
persons directly empioyed by him.
Insurance coverage required in these specifications shall be in force throughout the contract term.
Should any awardee fail to provide acceptable evidence of current insurance within seven days of
receipt of written notice at any time during the contract term, the City shall have the right to consider
the contract breached and justifying the termination thereof.
If bidder does not meet the insurance requirements ofthe specifications; alternate insurance coverage,
satisfactory to the Risk Manager, may be considered.
It is understood and agreed that the inclusion of more than one insured under these policies shall not
restrict the coverage provided by these policies for one insured hereunder with respect to a liability
claim or suit by another insured hereunder or an employee of such other insured and that with respect
to claims against any insured hereunder, other insured hereunder shall be considered members of the
public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising
out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured
hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim
is made or suit is filed.
BID NO. 98-98/99
DATE: July 30,1999
13
INSURANCE CHECK LIST
XXX I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence fonn), limits of liability $ 1.000.000.00 per occurrence for bodily
injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold hannless endorsement exactly as written in
"insurance requirements" of specifications).
XXX 3, Automobile Liability - $1,000,000 each occurrence - owned/non-ownedlhired automobiles included.
_ 4. Excess Liability - $
.00 per occurrence to follow the primary coverages.
XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate.
6. Other Insurance as indicated:
_ Builders Risk completed value
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
Other
$
$
$
$
$
$
,00
.00
.00
.00
.00
.00
XXX 7. Thirty (30) days written cancellation notice required,
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required
within five (5) days after bid opening.
Bidder
Signature of Bidder
BID NO. 98-98/99
DATE: July 30,1999
14
2.10 VENDOR APPLICATION
Prospective proposers should register with the City of Miami Beach Procurement Division; this will
facilitate their receipt of future notices of solicitations when they are issued. The successful proposer(s)
must n;.;;~~.::' ~:';,~:' ~c cl\\ J:J; [J;;ur.: LV r.:gi"",rr' ill r.:sult in the rejection of their proposal. Potential
proposers may contact the Procurement Division at (305) 673-7490 to request an application.
Registration requires that a business entity complete a vendor application and submit an annual
administrative fee of$20.00. The following documents are required:
1. Vendor registration form
2, Commodity code listing
3, Articles of Incorporation - Copy of Certification page
4. Copy of Business or Occupational License
It is the responsibility of the proposer to inform the City concerning any changes, such as new address,
telephone number, commodities, etc.
2,11 (NOT USED)
2.12 SAMPLES:
The bidder shall provide upon request, a complete and accurate sample of the product(s) which they propose to
furnish.
2.13 BID CLARIFICATION:
Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile
to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851.
The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten
(l0) calendar days prior to the scheduled bid opening date, All responses to questions/clarifications will be sent
to all prospective bidders in the form of an addendum, NO QUESTIONS WILL BE RECEIVED VERBALLY
OR AFTER SAID DEADLINE.
2.14 TIE BIDS:
Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference
wiII be given to vendors certifying that they have implemented a drug free work place program. A certification
form will be required at that time.
2.15 PUBLIC ENTITY CRIMES (PEC):
A person or affiliate wh ) 'Ias been placed on the convicted vendor list following a conviction for public entity
crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,
supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Sec, 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list,
2.16 BID/PERFORMANCE BOND:
All bids must be accompanied by a bid bond in the amount of 5% of the total bid submitted, to be in the form of
a Cashier's Check made payable to the City of Miami Beach; a bond written by a surety company authorized to
do business in the State of Florida and shall comply with State Statute 287.0935. The bond, if in the form ofa
Cashier's Check, of all unsuccessful bidders wiII be returned after bid award. The successful bidder will be
required to submit a 100% Performance Bond and LaborlMaterial Bond. The Performance Bond, LaborlMaterial
Bond can be in the form of a Cashier's Check, made payable to the City of Miami Beach; a bond written by a
surety company as specified previously,
2.17 SPOT MARKET PRICING: N/A
BID NO. 98-98/99nDATE: July 30,1999
15
2.18 (NOT USED)
2.19 LIQUiDATED DAMAGES:
The Bidder agrees to pay the Owner liquidated damages in the amount of$100.00 per calendar day beyond the
30 day installation date.
2.20 DISCOUNTS: N/A
2.21 ESTIMATED QUANTITIES: N/A
2.22 HOURLY RATE: N/A
2.23 GUARANTEEIW ARRANTY:
The successful bidder will be required to guarantee all items supplied and work performed. Guarantee shall be
described in detail on the attached Bid Form.
2.24 PRODUCT/CATALOG INFORMATION:
All bidders must submit catalog information on the unit(s) they propose to furnish on this bid. Failure to submit
such information will result in rejection of your bid.
2.25 REFERENCES:
Each bid must be accompanied by a list of references which shall include the name of the company, a contact
person and the telephone number.
2,26 COMPLETE PROJECT REQUIRED:
The solicitation is for the supply of all labor, materials, tools, equipment and supervision necessary to furnish and
install porcelain tile and commercial carpet at the Miami Beach Convention Cen.ter, and to include removal and
disposal of the existing tile and carpet. These specifications describe the various items or classes of work required,
enumerating or defming the extent of same necessary, but failure to list any items or classes under scope of the
several sections shall not relieve the contractor from furnishing, installing or performing such work where required
by any part of these specifications, or necessary to the satisfactory completion of the project.
2.27 FACILITY LOCATION: N/A
2.28 BIDDER QUALIFICATIONS:
In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to
satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the
bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of
equipment included in this scope of work; has available the organization and qualified manpower to do the work;
has adequate financial status to meet the financial obligations incident to the work; has not had just or proper
claims pending against him or his work; and has tested and serviced similar type, size and complexity of such
video equipment. The evidence will consist of listing the type of installation, nature of work and number of units
for each of the last five (5) years.
2.29 LATE BIDS:
The City of Miami Beach cannot be responsible for bids received after opening time and encourages early
submittal.
2.30 EXCEPTIONS TO SPECIFICATIONS:
Exceptions to the specifications shall be listed on the Bid Form and shall reference the section, Any exceptions
to the General or Special Conditions shall be cause for the bid to be considered non-responsive,
BID NO. 98-98/99
DATE: July 30,1999
16
~.3~ ca:',1rLET~ !~!F0R~'!,\T!0:'f RFQ~T!RE!' ON B!n FORM:
All bids must be submitted on the attached Bid Form and all blanks filled in, To be considered a valid bid, the
ORIGINAL AND ONE COpy of the Bid Form pages and all required submittal information must be returned,
properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions.
2.32 MAINTENANCE AGREEMENT: N/A
2.33 EQUAL PRODUCT:
r.,.f:!!'1tlf:!ctmer'" !'1:!me, br:lnd name and model number are used in these specifications for the purpose of establishing
minimum requirement oflevel of quality, standards of performance and design required and is in no way intended
to prohibit the bidding .)f other manufacturer's items of equal material, unless otherwise indicated. Equal
(substitution) may he hid, provided product so bid is found to be equal in quality, standards of performance, design,
etc. to item specified, unless otherwise indicated, Where equal is proposed, bid must be accompanied by
complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal.
2.34 (NOT USED)
2.35 (NOT USED)
BID NO. 98-98/99
DATE: July 30,1999
17
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID #98-98/99
3.0 MINIMUM SPECIFICATIONS
SCOPE OF WORK:
The solicitation is for the supply of all labor, materials, tools, equipment and supervision
necessary to furnish and install porcelain tile and commercial carpet, and to include removal and
disposal of existing tile and carpet at the Miami Beach Convention Center, per the following
specifications.
ITEM #1:
PORCELANOSA PORCELAIN TILES FROM SPAIN.
Technical Specifications:
PORCELANOSA PORCELAIN TILE FROM SPAIN 12" x 12" TEIDE MARFIL, y.."
(OR EQUAL) - Tile may be used interior and exterior in rapid transit facilities. Tile is perfectly
straight and square, which allows grout joints to be reduced to the absolute minimum from 1/32" to
1/16". Supply and Install 4,492 sf. (Green) and 1,924 sf. (White)
(Supply 432 sf. of each color, of additional porcelain tile which will be
required for necessary future replacements).
Water Retention:
Scratch Resistance:
Mark Resistance:
Breakage Resistance:
2.0 - 2,5%
5 (Excellent)
5 (Excellent)
4 (Very Good)
Location:
Miami Beach Convention Center West Food Court,
Job Specifics:
Remove existing floor in West Food Court (6,416 sf.). Dispose old
Tile; prepare area for tile laying and installation of new porcelain tile,
Installation of porcelain tiles shall include floor preparation and
grounding as per manufacturer's installation guidelines,
The white porcelain tile will enclose green porcelain tile. White
Porcelain tile will serve as a border.
Warranty
Minimum Five (5) years (Full factory)
BID NO. 98-98/99
DATE: July 30,1999
18
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID #98-98/99
ITEM #2:
BRENTWOOD COMMERCIAL CUT PILE CARPET
Technical Specifications
BRENT WOOD 30oz, COMMERCIAL CUT PILE (CARPET) FOR BORDERS (OR EQUAL)
Steel Blue, 1/10 gauge commercial cut pile, continuous filament nylon, permanent static control.
Location
Lobby's throughout the Miami Beach Convention Center.
Job Specifics
Remove, dispose and replace 421 yards of existing blue carpet borders
floor in Lobby's throughout the facility. Supply 500 yards ofBrentwood
commercial cut pile carpet and install 421 yards; difference will be
stored for any necessary replacements. Installation of the carpet shall
include floor preparation and grounding as per manufacturer's
installation guidelines.
Warranty
Minimum Ten (10) years (Full factory)
Minimum One (1) year on installation (LaborlMateria1s)
BID NO. 98-98/99
DATE: July 30,1999
19
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
Tun H QR-98/99
"-In. ''no ..,.....
..HU. .. . VPV':hU J. "~I;; .1 UJ. ..
We propose to Furnish and Install Porcelain Tile and Commercial Carpet at the Miami Beach
Convention Center as per the Scope of Work, the following;
DESCRIPTION
PRICE
ITEM#
1)
Furnish and Install Porcelain Tile, to include
Removal and Disposal of Existing Tile.
$
Manufacturer and Model Proposed:
2)
Furnish and Install Commercial Carpet, to include
Removal and Disposal of Existing Carpet.
$
Manufacturer and Model Proposed:
TOT AL PRICE:
$
BID NO. 98-98/99
DATE: July 30,1999
20
FUR.t~ISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID # 98-98/99
Bid Proposal Page 2 of 2
NOTICE TO BIDDERS
IF BIDDING ON EQUAL:
1) MUST MEET FULL SPECIFICATIONS,
2) MUST ENCLOSE DESCRIPTIVE LITERATURE.
Bidders must sign below to acknowledge receipt of addendum (if necessary),
Amendment No, 1:
Amendment No.2:
Amendment No.3:
Payment Terms: 2% 10 EOM. If other, specify here:
Delivery:
days after receipt of order.
SUBMITTED BY:
BIDDER/COMPANY:
SIGNED:
I certify that I am authorized to execute this proposal and commit the bidding finn.
NAMEffITLE (pRINT):
ADDRESS:
CITY 1ST ATE:
ZIP:
TELEPHONE NO.:
FAX NO.:
BID NO. 98-98/99
DATE: July 30,1999
21
FURNISH AND INSTALL PORCELAIN TILE AND COMMERCIAL
CARPET AT THE MIAMI BEACH CONVENTION CENTER
BID # 98-98/99
To ensure that your bid is submitted in conformance with the Contract Documents, please verify
that the following items have been completed and submitted as required,
X Original and one copy of bid (including all submittal information) /
General Conditions Section 1,1
Special Conditions Section 2.31
X Execution of Bid
General Conditions Section 1.2
X Equivalents/Equal Product
General Condition Section 1.10
Special Conditions Section 2.33
X Bidder Qualification
Special Conditions Section 2.28
Maintenance Agreement
Special Conditions Section 2.32
/
X Bid/Performance Bond
General Condition Section 1.35
Special Conditions Section 2.16
X Guarantee
Special Conditions Section 2.23
X Product/Catalog Information ,
Special Conditions Section 2.24
X References
Special Conditions Section 2,25
Facility Location
Special Conditions Section 2,27
X Exceptions to Specifications
Special Conditions Section 2,30
BID NO. 98-98/99
DATE: July 30, 1999
22
ACORQM
CERTIFICATE OF LIABILITY INSURA~C~u __~ I ~9AL~)MLt;)99
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
CASUALTY SYSTEMS INC.
3331 SW 107 AVE
MIAMI, FL, 33165
305-551-0590
BI-TECH CONSTRUCTION
I
~__j _~ , INSURERS AFFORDING COVERAGE
INSURER A SCOTTSDALE INS. CO.
--~-_.._--_.
INSURER B:
INSURED
15297 S.W. 69TH LANE
MIAMI"FL 33193
INSURER C:
INSURER D'
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
:i ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
I POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~,I,IN,S, R, 1POLICY EFFECT, ,IVE POLICY EXPIRATION
, L!~ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDNY) DAI!'JMMIQOI)')')
,I - GENERAL LIABILITY EACH OCCURRENCE
il COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire)
Ii ] CLAIMS MADE 0 OCCUR MED EXP (Anyone person)
" A #CLS0568935. 08-31-99 08-31-00 PERSONAL&ADVINJURY
"
i
~ ..
I
"
i
,
LIMITS
$1,000,000.
GEN'L AGGREGATE LIMIT APPLIES PER:
O PRO~ II
~PEL~C~~~.QI...-.-.LJ~~ _
AUTOMOBILE LIABILITY
PRODUCTS ~ COMP/OP AGG
$
$1,000,000.
$1,000,000,
$1,000,000.
GENERAL AGGREGATE
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON,OWNED AUTOS
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY ~ EA ACCIDENT
---l
OTHER THAN
AUTO ONLY
EA ACC
AGG $
EXCESS LIABILITY
OCCUR 0 CLAIMS MADE
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
6TH,
ER
E,L DISEASE, EA EMPLOYEE
E,L, DISEASE ~ POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Bid No. 98-98/99
Job Title:
Furnish & install porcelain tile and commercial carpet
at the Miami Beach Convention Center
CERTIFICATE HOLDER
X ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
City of Miami Beach
Procurement Division
City Hall Convention Center Drive
Miami Beach, Florida 33193
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 ~_ DAYS WRITTEN
IMPOSE NO OBLIGATION OR L1A
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
@ACORD CORPORATION 1988
_.~~tt:rl.:...
ACORD 25.S (7/97)
Michael A.
Rath,
CPPB
PIIllMl<<
DA"~ '
t1 : S. A aINlUU.L. XIStJWal- 't coif
5841 SW 137 AVE
MIAMI.FL 33183
, ,_ 30'.-:J.U-:33aL-..
-- WAIL AGUADO
13132 SW 37 TEU.
~. 'L 33183
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1700 CONVENrIOI CENTER DRIVE
MIAMI BEACH, FL 33139
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09-24-1998
STATE OF FLORIDA
DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY
DIVISION OF WORKERS' COMPENSATION
CONSTRUCTION INDUSTRY CERTIFICATE OF EXEMPTION
FROM FLORIDA WORKERS' COMPENSATION LAW
This certifies that the individual listed below has elected to be exempt from Florida Workers'
Compensation law.
EFFECTIVE DATE OF EXEMPTION 10/06/1998
EXEMPTED INDIVIDUAL NAME
AGUDA
RAFAEL
S.S.
591-20-7688
.
BUSINESS NAME
BI TECH CONSTRUCTION INC
FEIN
650857192
15297 SW 69 LANE
MIAMI
FL 33193
BUSINESS ADDRESS
NOTE: Pursuant to Chapter 440.10(1),(g),2 F.S., a sole proprietor, partner, or .an officer of a
corporation who elects exemption from the Florida ,Work~r;; CO.7ensation law may ot recover
benefits or compensetion under Chspter 440. M ~ M ~
AUTHORIZED SIGNATURE
PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE
S A L I A
DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY
DIVISION OF WORKERS' COMPENSATION
NOTE: Pursuant to chapter 440.1 O( 11,(gl,2, F,S., a sole
protrietor, partner. or officer of a corporation who
elects exemption from the Florida Workers' Compensation
Law may not recover benefits or compensation under
Chapter 440.
CONSTRUCTION INOUSTRY CERTIFICATE OF EXEMPTION
FROM FLORIDA WORKERS' COMPENSATION LAW
EFFECTIVE DATE OF EXEMPTION
EXEMPTED PERSON LAST NAME AGIIDA
FIRST NAME RAFAEL
SOCiAl SECURITY NUMBER 591 20 7688
BUSINESS NAME BI TECI:I CONSTRIICTION INC
H
! M~ M~~
FEDERAL IDENTIFICATION NUMBER 650857 192
BUSINESS ADDRESS 15297 SW 69 LANE
AUTHORIZED SIGNATURE
~:..:~ t" .
C U-T' 'H E R'E
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* Carry bottom portion on the job, keep upper portion for your records.
..
.
.
FORM 7161 REV. 3/98
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10/06/1999 1300/202/001ILEV 0007-000
Last S~q.H:0001 WI Lic.H:OO 434693-8
Occupational License $75.00
CK
CHANGE
$75.00
$0.00
DADE COUNTY TAX COLLECTOR
OCCUPATIONAL LICENSE SECTION
140 W. Flagler St. - 14th Floor
Mia"i, Florida 33130
OFFICIAL TEMPORARY RECEIPT
1999-2000
OCCUPATIONAL LICENSE TAX
License NUMber:00434693-8
State/CCM:CGC060366
Issued to:
BI TECH CONSTRUCTION INe
Type of Business:
GENERAL BUILDING
THIS RECEIPT IS ISSUED AS EVIDENCE OF
PAYMENT FOR YOUR (OCCUPATIONAL LICENSE
OR PERMIT>.
YOUR LICENSE/PERMIT WILL BE HAILED TO
YOU WITHIN 10 DAYS FROH THE VALIDATION
DATE ON THIS RECEIPT.
.
Pay"ent Receiv.d a, Certified Above
Dlde County Tax Collector
= = = = = = = = = = = = = = . = = = =
FRONT PAGE
Attached to and part of Bond No.: KO 59 53 22 4
2 OF 5 ORIGINALS
In compliance with Florida Statute Chapter 255.05 (1)(a), Public Work.
All other Bond Page(s) are deemed subsequent to this page regardless of any page number(s) that may be
preprinted thereon.
Contractor Name
Bi- Tech Construction, Inc.
Contractor Address
15297 SW 69th Lane, Miami, FL. 33193
Contractor Phone No:
(305) 546-8658
Surety Company
Indemnity Insurance Company of North America
Surety Address
1601 Chestnut Street, Philadelphia, PA 19192
Surety Phone No.
(215) 761-1000
Owner Name
City of Miami Beach
Owner Address
1700 Convention Center Dr., Miami Beach, FL. 33139
Owner Phone No.
(305) 673-7490
Obligee Name
City of Miami Beach
Obligee Address
1700 Convention Center Dr., Miami Beach, FL. 33139
Obligee Phone No.
(305) 673-7490
Bond Amount
$43,087.00
Contract No.
98-98/99
Work Description
Furnish and Install Porcelain Tile and Commercial Carpet at the Miami
Beach Convention Center
Project Location
1700 Convention Center Dr., Miami Beach, FL. 33139
Legal Description
THE AM[~ICAN INSTITUTE OF ARCHITECTS
2 of 5 ORIGINALS
.
Bond No.: KO 59 53 22 4
AlA OlXument "-372
Performance Bond
Any $lngubr r.feret\<:e to Contr.actor, Surety, Owner or other p.uty $~II be con$idered plural where appll~.
CONiAACTOR (N.1Ine .Joo Address):
Bi-Tech Construction, Inc.
15297 SW 69th Lane
Miami, FL. 33193
OWNER (Name and Add..e$$):
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL. 33139
CONSTRUCTION CONTAACr
Date: September 24, 1999
,"mount: $43 087 00
De$<.ription (Nafne and location): 1#98-98/99 _ Furnish & Install Porcelain Tile
BONO and Commercial Carpet at the Miami Beach Convention
Date (Not e~rlier than Construction Contract Date): October 14, 1999 Center
Amounl: $43,087.00
Modiftcations to this Bond: !Xl None 0 See Page 3
SURETY (Name and Principal Place of Business):
Indemnity Insurance Company of North
1601 Chestnut Street America
Philadelphia, PA 19192
CONtRACTOR ,4.$ PRINCIPAl
Company: . (COl'porate Seall
Bi-Tech ~ruction, I
SignalUre" ~ U~ ,
Name arid Title: Rafael uado
Presiden
(Any 2odition.11 signatures appeilr on page 3)
SUf(ETY
Company:
Indemnity
......
Signat....re:
Name and Title:
(fOR INFORMATION ONt )'-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESfNr.-\ rIVE (Architect. Engineer or
Latimer Insurance Agency other p~rty):
17121 NE 6th Avenue
N. Miami Beach, FL. 33162
~~: (305) 653 7998; Fax: (305) 653 2712
AI4 OOC\JMboIT ua . Pl1UORM,ot,....C( ilONO ,..."40 r"vMVtr eoNO . OEC.EMllU 1'je4 !D. . AlA '.
n-n: -"M(~c\'''' I~TII\JT( ':If AJlCJ./,T1.::TS. 1:t.1S Io,i~ VOItlC A~.. N.W., w~INCTON. D.C. 10006
nUIO /'ltINTIN~ . """'A(,H 19C:
A312.1~ 1
1 ,I": C,.>n':.J< :ur ~(1,; rh~ )urf'C) 10il\ll, Jnd >~v<!r~JI"
!Ji"tj tl,~lTl.c:I.f";, rh..,r h~lr$. ex~cvt':rs. .om"ll.i!rll(,r,;
';~J(('!$sor$ lr,d 1>~lgr'l; TQ Che (r..,n.:r ier the- fXd<;Irm"n(~
oi th~ (o(\;:ru(I,On Cc,ntf;lC:, '" h,~h I: iflc"rporal~ her~lJ"I
by (~f.~rcncC'
'2 Ii th~ CO~lrJ":Tor rer~{)rm$ ~he Construct,on Ccntracc
t!lt: Surel)' and th~ COr*aclor sh~11 h:'ve no oblig.:ltion
"Jl'lc~r th.s !:lond, e~cept :0 polrticlpolte ir: conlerences as
provid('d in Sul"p.)ragr~ph 3.'.
3 II there I~ no Owner Oelaulr rhe Surery'~ ob1ig.1loon
'.Jnder this Bond sh oll I Mise alter:
3.1 The Owner nas notiiied ~h" (ontr.ictor and the
Surety at its addre", <:IeS(ribed in p.1I(a~raph 10 bt'low
lhdl the O.....~~r IS (.:I'Isidering rleclaring a Co.\lriKIOr
Oliltault ;ll'\d nas reques;e.;l ~l'Id anempted to arrange a
cop1eren-::e with the Contra<:tcr and the Surety to b~
helc not later than fitt~1'I days .liter rec~iot of such
r:otice to discuss method~ 0; ~rform;ng the C')nSlruc.
tion COr'ltr~<.:t. Ii t!-te Owner. th~ Contr.sctor and the
S:Jrtc'ty agree. the Cuntractor shall be allowed a re1~on.
able time to perform the Con;;tru<:tiOn Contract, but
such ;\" ~greem~nt sh..all nOt waive tlJ'i: Owf'ler's right, ii
atIy, ~vbS&<l",&nlly to declare a Contractor Default; ~nd
3.2 The Owner has <:!edared d Contractor Default and
formally terminated rhe COl'lUiCtOr'S righllo r.ompltte
the contraCt, Su<:h COf'ltractor Default ,hall not be de.
clartc earlier than tv.'enty days aher the Contractor and
the S..,retv ha'v'e r~cej...ed noti,~ as provided in S,,!>-
paragraph 3,1; and
3.3 The Owner has "greed to pay the Bal.nc~ of lh~
Contf~t Pm;e- tv the Surety in acc'::>rdanc~ with the
ttlrmS oi the C.:>n5truction ContraCt or to a ct>ntra.;tor
select<<lto perform the Construction Contract in aCCor-
dance with the terms 01 the cor-tract .....1:h the Owne'.
4 Whll'n the Owner has satisfied th~ c"ndilions of Para.
graph 3. !he Surety ~h311 promptly and at the Surety's ex.
p~nse take one eof the lollowing action;:
4,1 Arrange tor rhe ContrdcCor, With ((\nSE'nl 01 th~
OW:'Ie'. Ie perform and c<.)rnpl~te ~h~ Co('\struction
CO,'lr;!,,:t; Of
4.1 lilld"r:al..~ to perform and complete rhe ConSllu(,
Ii,)" Comract ;neli, IhrOlJgh itS agel'llS or through mde.
pendenl C~")n1'aCtorS; or
4,3 Obtai" bid:; or negotiated proposals from
qualified contractors acc~:Pt...ble to Ihe Owner ior .a
'~on\rclC;t ior pertormapce and compl~rjvn of the Con-
srruaion Contracr. arranJ!:e lor a contract ,0 b. pre,
par~ tor execution bv the Owl'lo:lr and the Contractor
:;elected \,'ith the ~~er's COncl..rrence, :0 be secured
wittl ~rbrm.:lnce and pil'vmen: bonds ex~cuted C) a
ql,;alified surety equ;>.~le'~r to lhl: t,),~nd, issued on 'he
CO"Hru,:tiOl' COlltrdCI. a'nd pay te the Owner th~
amolJn~ oi d.!m<lg6 as describ~ in ~~r"gr4ph b iJ"l ~...'
c~ss ef the Ba:.Ince of thll? Co....!r3C~ Pnce incurred by lh~'
Owner (e~,ulting from the Cor:uactor'~ dei.)ul!; or
4,4 \Naive its right to pedorm ,lnd ('omplere arrangt'
"0, (vmpletivn. (.Jf ob:ain a new COnlr.lCrc;>r ;&('oC wilh
r...a~or'.1bl.. pr.;lmptneH fJnde-r the cor(".,lmS!<lnce~:
.1 ....fter inv<:~r.ill:alic('o d<:term.ne the dm':)Unt (or
whIch ,r moly ~ ,i...Uo: :) rh~ (.r.,n,." ,Ind. as
So-,;'J"I ol~ pr)('lc4!Ji" ,lil;.r :ro! :\m.;>Cnr 1~ ,i~ttr.
JIll Ilt;:'J , :""~der p.l\,""~nr lh~r~for to the
Owner 0<
.2 Den\ [,.;)!:"l;ri :11 "hOJ~Of In p.u: ard f10rlry rhe-
Own~r ciring red)ons th~(efor,
5 It the SurE'l) does nOt pro<:~d a~ pro,id--~d 1('1 Parilgraph
4 wirh re<lson.abl4! ~romptn~ss, the Sur~t)' 5h.s1J be deemed
to ~ In d~;ault cn this Bond liit~n days after receipt 01 ~"'I
"ddi:,onal writt~n notice irom the Owner to the SU~4!rv
demanding th..t the $ureC-1 ~ri(,)rm its obligations und~'r
this Bond, and the Owner shall be entirted to ...niorce an.,..
remedy d\lailaole to the Owner. If the Sur~t~' prOCE:e(f5 3$
provided in Subparagraph ~~, a:1d the Owner rd..,ses the
paymem ten<:t~(ed or the Surety has denied liability, in
whOlot Or In part. without iurther notice the Owner shall ~
entitled to enforce 4:1Y remedy availdblt: to the Owner.
6 Alter the Owner has te~mlOated t~ COntractor's right
to complete the Construction Co....tract. and it the Surely
elects to act under S:.Ibparagraph 4.1, 4.2, Or 4,3 above,
then tn.e respcnsibilities of the Surety to the ~Tler sh.111
not be greater than those of the Contractor lJnOOr the
Construction Contrdct, and tht responsibilities at the
Owner to the Sure!y shall not be greater than those of the
Owner un~r the ConStrt,fCtion Contract. To th~ limit of th-e
amount 01 this Bond, but subject to commitment b:: the
O'^-Tler 01 the Bal.)nce of th~ ContraCt PriCe ro mitigation of
costs and damage$ on the Construction Contract, the Sur~
t) is oblig.lted wi.hout duplication for:
6,' The r<espol'lsibilities oj the Cont:actor for :;on-ec.
tion of defect;ve worl( .:tnd completion of the ConStruc.
tion Contract;
6.1 Additional I~gal, design professional and delay
costS resuhlng from the Contractor's Oefault, an<i r<e-
suiting Irom the a~ion$ or failure to .sCt of th~ Surety
under Paragraph 4: and
6.3 liquidated d.iHTtages, or If no liquidated ~nu8~s
art! specified in the Conslruction Contract. actual dam,
ages c;lused by delayed performance or non.perior.
manCe 01 the Contractor
7 The Sure:y shall !lot be Joable to th"! Owner or oth~rs for
obligations ot the COl1lractor that are unrelatoo 10 the Con-
Slructio~ Centract, an(:lthe Balance of the Conrrac1 Pric.:
shall not ~ reduced or set oit on account of afly $\,lCh
untelated obligations. No right of action shall accrue on
this 8<>"d to any per:\on or entity Qthitr than the Owner or
i:s heirs, e"ecutor~. adlTllnistrators:)r successors,
8 The SurelY n.erebv wlli~e~ n<.:,ti<;e (>f an. chi1m'~. Includ.
ing change~o; time'. to the COn511 uClion C~nlr"ct or to
rel.l:ed ~UbCOrllr<lCtj, purchase OrderS and other obliga.
\'Ull~,
9 0\('0:.' ~roceeding. Ieg,1I Or equ1I"ble, und~r Ihi.; Bond
fTI4y be in~lituted in any court of comp"'!t"n! iurisdk~lon in
t"e location in which the work or part of t~e work IS IOCat~
and ~hall b~ Instituted win/in two "ears after Contractor
Dt!i.1ult Or with.n r.-...o Vf:;.r~ .,li~er the ContrJetor cea:;eQ
working or within two ,ears after :he Surety refuses or iall~
to perform "$ Obligation, \,lnder thi~ Sond. whi(~"er oc.
curs iirs!. II the ;>rovisions oi this Paragraph are >o.e Or
.)rOhib.tec b\ ldw, the minimum period or limll.llian ,)\,'.ail-
.uA o()("UMfNT ,U1'1 . ""Il~,.::>q^,\",,,,c~ BONO ..."'0 p...,,~r 80"0 - oee/MlleR 1~ EO, ' ",-" .
THE MIt't1C,...N INSTlTUH Of ,,~CHI1!~.IS, lr~ NE\<; V'JIlI( "'V'i," W WA.SHINCTON v(, :!OOOb
T..IAC> ~1"T1""C . ,...NlC" "O~
^-312.1984 2
Abje to )u'etie~ 4S.1 d<:fense in I~ luri><Ji..."tioll of ll-..e SUlI
shall be ApplicAOl<e,
10 NOCI<:e to the ~uret.,.. the Own~r "r :hl! Contractor shall
be m.:liled <.r d~livere<;j to the ~ddres5 shown on the i'g-
n..1ture p.age.
11 When thiS 80nd n;,.s been furnished II) compl)' loIooith A
$t.atutory or other I~gal requiremoel''lf In the location where
the construction W2S to be perlotrn~. ~y provision j" this
Bol'\d (onfli(t,l'lg with $aid statutory or legal requirement
shall be deemed deleted h~tefl'Om and provision$ con.
forming to su,h $~tutO"f Or other leg;,.1 requirement shall
be deemed incorporated nereln. The intent Is th;at thiS
Rond $11311 ~ construed as a st;atutory bond and not as a
comma" law bond.
12 OEFINJTlONS
12.1 82i.lnce of the Contract Price: The tot~ ~ount
pa'r'able by the Owner to the Contractor under Ihe
Constt\lction Contract after all proper adjustments
have been made. including allowance to lhe Con.
MOOIfICATIONS TO THIS BONO ARE AS FOUOWS:
rraC1:0r 01 Any ~un:s rc-cciv.~ Or to ~ r~~ived by
the Owne.' In s~ttlemcn~ of insurao.:e or <.:-tll~r cldim~
for dam~~ to which the Contra<1'or is t':nr.tled. r~
duced by ajl valid An<! proper paymen~ "'lAck 10 Or on
behalf of the CQl1tr3.ctOf' under The COllstrv<:tioo Con.
tract.
1~.1 Construction ContrlKt: The agreement betY.een
the Owner and the CootrKl.or identified on the sig-
nature page. ioo\lding all Comra<r Docum~nt$ and
c~nge~ thereto.
12.3 Contractor Default: Failu~ of the Colltr~or,
which has nelt~.. been remedied nOt waived. to per.
form or othel'Wi5e to comply with the terms of thE-
Construction Contract.
12.4 Owner ~ta\Jlt: failure oi tn~ O,vnet. which has
~ith4r been rem~ied nor VloClived, to pay the Con-
tractor as required by the Con~lru<:tion Contract or to
perform lInd complete or comply wiTh ttow! other terms
'~reot.
(Space i, provio:kd !)elow for "ddit;ljll.l! signatures 01 added p,;,rlies. Oth~r lhoa" rhost' ..ppe4~;"g On the cover page.;
CONi~ACTOR AS P~INClPAl
Comp.):"!y:
Bi-Tech Construction,
CJi.A ~()
$.SI1;:ture:
Name And lIt el Aguado
Add;~~$: 15297 SW 69th Lan
Miami, FL. 33193
SI"':RETY
Company:
Indemnity
(Corporate Seall
any of North
America
PA 19192
A.312-19IW 3
A.... OO-::UMf~T -'JI:I . PERfO~l'oCe SVNO ~o "AYME~r I\O!'.IO . OfC!M8U 1'J184 EO, ' AlA ~
rH( Mlfltlc,....; 1"~l'ITl.:n 0' AIt<jirTft.""S, ~7'3~ ~fW vOaur: ,W'e :'l.... INASH'I\oCrON, 0,<" lOO()I,
lHIRO NINT'NC . .......~CH 1<M7
Atty.-In-
Fact
1 HE Arv\ERICAN INSTITUTE OF ARCHITECTS
.'"
~.
BOND NO.: KO 59 53 22 4
AlA Document A312
Payment Bond
,I,")' Sil'lgulM re.erenco: to Contractor. Su~ety. Owner or other party shall be considered plur~l whf;r. appliable.
OWNER (Name and Address)'
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL. 33139
CONSTRUCTION CONTRACT
Date: September 24, 1 999
-",mount: $43,087.00
~!>Lription (Name and Lo~atjon\: 1198-98/99 - Furnish &
and Commercial Carpet
BONO
l)ate (Not earlier than Constru<;tiol'l Contract Oatei: October 14, 1999
."mount: $43,087.00
Mo<.lifications to this Bond:
SURElY (Name ~nd Principal Place of Business):
Indemnity Insurance Company
of North America
1601 Chestnut Street
Philadelphia, PA 19192
CONTRAcrOR <<Name and Address):
Bi-Tech Construction, Inc.
15297 SW 69th Lane
Miami, FL. 33193
Install Porcelain Tile
at the Miami Beach Convention
Center
aJ None
o See Page 6
SUReTY
Corporate Seal) Company:
Indemnity
Signature:
Name and Title:
(Corporate Seal)
any of North
America
(FOR tNFORMA.T10N ONL Y-Nilme. ,.t.ddft?SS ;nd Telephone;
AGENT or BROKER: OWNER'S REPR.ESENTATIVE (Architc:CI. Engineer or
Latimer Insurance Agency,' other party);
17121 NE 6th ~~enue
N. Miami Beach, FL. 33162
Tele: (305) 653-7998; Fax: (305) 653-2712
AlA U(K."\JMlN' uu. ~IIlI'CRMA...cf /IONO 1'1<0 '"rMt""r &ONO . Cl€CfM&tR I'" to. . .wi " .
THI AMlRt<;.'-N IN$TlTUlf Of ~.~. 1m New yOlt~ "vt '" W. W^$Io<lNCTON. D,C, 210006 A312-1914
rH/llO 1'tIt,... TIM: . ""^",C" 1'\4'
1 lht> (Ol,t~,l(;tv( Jnd (h~ :>\lr~y. ;01(.(1, .11'J )<l'"",rally,
lJlno them5Qlv~, tht!lr hel~, e~~<:Ul()(S, adrnlntstratCots.
hJCCe:>WO and d55igM t<:- t~~ Ownet tc p.l, tor IJtxJr.
tn4tcrials .1nd ~Quipment ft:rnish~c f(H use In the pedor
mance vf tht: Cot;struCltOn Conllder. which is 'ncorpo-
r <He'd I-ot'rein by r~! 1::1 I::n<.: 0:,
2 'dieh re~~o::<t to th~ Ownel :hi:, oblj~dtlon s!->.JlI be
nu:I J,nd void if eM Contr<,cror;
2.1 Promptly make$ payment, directly or indIrectly.
for all sl,lms due Claimant$, and
2.2 Oefends. Indemnifies ~nd holds harmless the
Owner from cl~jms. derMndi, liens or suib by any
pelson or entity whose daim. demand. li~n or suit is
for the p<Jyment for labor. mJteri(lls or equipment rur-
nistwd to( u~ in the perfOfmance or the Construction
Contract, ptovidw the Owner has promptly notified
thtl Contractor and the $urcty (at the address
d~o;.ribed in Pdra~raph 11) c-t a/'l'1 claims. demands,
lieM or suiu and tendered ddens!: of )uch claims.
demands, liens or ~uitS to the COtltractor and the
Surety. and provided ther~ is no Owner Default,
3 With res~t to Claim3nt$. thIS obligatiOl' shall be
null and void it tM! ContraCtor promptly makes pay-
ment, directly or indirectly. for all svms due,
4 The Surety $hall have no obii~.)tion to Claimants
under this Bond until:
4.1 Claimants who are ernploye-d by or have a direct
contract with the ContractO( have given notke to the
Suret... (at the addreH described in Parllj;raph '2) and
sent a cop~', or notic~ ther~f. to th'i! Owner. stating
that a claim is being made under ttm Bond and. with
$Ubstanti~1 accuracy, the amount of the claim.
4.2 Claimaflts who do nct have a direct contract
with the Cuntractol,
.1 Have furnrshed writte, :1otice to the Con-
tractO<' and S(:nt a cC{)y, Or ootic;e thereof, to
the o..ner, within 0:(\ den s after having last
t)erf'jnned labor or last furnished materials or
equipment induded in the claim St<Jtlrlg. with
iubstantial accuracy, thi' am<>..:nt of the claim
and the n<1me or the party to whom the
materials were iurnishe<l or $upplied or for
whom the i~bol won done Of performed. and
,2 Have ~Ith~r rli!cotived i re;e<::tion in whole Or
in part from the Contractor. or not received
Within 30 days of furnishing th~ above no-
h<:e any communkatioo irQm the Contr~ctor
bv whlC'h the Comractor hal indicated the
claim will be paid dir~Ctl... or indHecrly' ard
.J Not h~vlng be~;~ paid,", itnll'l the <lbovc .30
da~'\. hd"~ sent a w[ltten notic~ ~o the Surety
(a~ the addr~ss deKribed in Paragraph 12) dnd
~ent a copy. or notice t~!eof. to t~ Owner.
~tltin& that a claim '$ befn~ made under thl~
8<Jnd and eoclO)ln, ~ (OP, of the pf'\.....ious
wnr.en notice furn;\hed to (~ Contractor
S It a notlC~ reqUIre<! bv Pdng,.ph ~ ') 'l,ven by the
o,...t\CI t.;, th..: Contract.;>r or tc ~h~ ~urety, that is sutfi.
ci~nt compliatl(;l::.
b W~n tM Claimant :us )Jtl~rl(,'<i the ';:<Xl\~,~:ons vi
P 3ragraph .1. (~ Surety jnolll pr,)ffiptlv and .1: th~
Surety') ~),D~m~ take the followi:l~ .Ktiot':,
6,1 ~nd an an~wer to th" CI~lm.lnl, WI::1 a copy to
the Owner. within 45 days .litei' r<<(:ip: of tl'!( c!<1lm.
,t,lClng the amounts tn<lt a~ 'Jndi$puted an-d t~.e basis
for <;hallenging a:\)' amounu that ate disputed.
6.2 Pay o( arrange tor Pd.,.m~nr of any undisputed
am()Unt5,
7 The SuretY'$ t,Jtal obligation shall n<:>t exceed the
amount of this Bond. and the .am<'Nl"t of chi:> Bond ~I be
c~ited for a:w p4Yf'l~nu made in ~ faith by the Surety
8 Amounts owed by ~ Cw"er t::> the COntrolCtor under
the Conwuctiofl Contt;lct shall ~ used for tbe perlOI'--
mance of th~ Construction Contract atlCl to satuty daims.
if any. under any Construction Performance B<:>nd. 8{
the Contra<;lor furnisnine and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Constructior'l Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bolld. ~ublect to the Own<<s priOC"
ity to use the funds for the completkm of the woO:.
9 The S'..Irety shall not be liable to ~ Owner, Claimant$
Or othen fO( obligations of the COntractor that are unrelat-
ed to the Coostru<:tion Conuact. The Owner shall not be
liable for payment oi any costs Or expenses of any Claim-
ant under this Bond. and sr._II h(lve under this Bood no obi..
gations to mak~ p.1yments to. give notices on behalf of, or
otherwise have obligation:; to Claimhnt.$ :Jode< th4 Bond.
10 The SlJret\' herebr waives notICe' of any change.
includine chanees of time. to c.~~ Consttw:tic>n Contract
or to relilted sLlbcont~acts. purcha~e orders ~nQ other
obligations
11 No suit or actioll sha!l Ue corr.mo::nced by a Claimant
undet this 80nd othet than in 3 court .,f competent juris-
diction in the location in whkh the wvrk <)r part of th&
.....or\.: is located or after tr.e- ~Iratioo of one year from the
date (1) on which the Clairnaflt gave the notice required by
Svbparairaph 4.1 ()r C1au.soe 4,:;:.3, or [:2) on which the last
labor 0( selVice was performed by any.:>ro4; or the last mate-
nals or ~ipn'\€Ot werli! furnIshed OV anyone utX\er the Con-
~truction Contract. whIChever ,:.r (1) ex (2) first occun. If the
proo-'is;or'l$ of this P<lr<l8rapn <lte ...o;d or prohibited by law,
the minimum ~ioo of limitation availab!~ 10 suret;.:,.s as a
de1~se in the iurisdictio1'l or the S'Jit >hall De applk~,
12 Ne,tlce to the Surety. :he O....ner or the Contractor
sha/l be mail.?d or dlilliv,!red to tr,.. lddr~sS sho-A'n on the
signi.lt<.Jre page ,-\ctua: receipt of notice by S'Jt~ty, th~
Owner Or th~ Contractor, now(;v<:r accomplished. :;hall
b~ ~ufficlt"rt'. <.:omplidn::e 4, of '.t~ dilt.: recei\led at the
addr~H shown on th... signatur", ;J'!g~
13 '.... h~n ths Bond h.:J:; been iurni::hed to comply wl~h a
5(<ltutory 0'- oth~r Iq;al requirem~nt in the location wh<:re
the con~trur:tiQr, ",,3,:; to ~ p.eriormed. bny Drovi~iotl in this
Bond conflicting .....ith said statuto,..., o~ lP.2;J( r~ireme-n..
'ihall ~ d~~:'l"l~~ ddet~ h~reir.:lm ..m<1 provi~lons c.;on-
rorming ", ,~i(h >::.a'.UCOry or oth.?' leg..1 r(!qtJIrement ~hall
be deemed In.::orp<)'.l:<:"d herein Th", Intent '5 th.t this
......... OOC\JMlNr ....U1. 'f.'CII.,I"".:c~ l!<1N:':' A,~O P"."....I ~11. OFCE,.,lBill l'll\.& E~ . A1~.
TI1( NW,l':.(;AN ,"$T,rl.'TE OF ^"C"'fTE.:rs, l.'l~ "1''-' VORl< .','t .. "". WA)I"''''<.:O/'o O( :O\x.n
:'....to ~IUNT 'N': . "'Rel-< \ 'M7
A3n.l~4 5
lklnd sh.lllLJ~ (\,)"${I'\Je\1 .l~ J St..llulQI"; oond Jnd ~or ~s ~
COmmon I~w bond
, ~ Up'Jn requ('~l b'. .11'1,' ~r::<>1'\ or otnc.ry ;l~~~rit1g ~o be.l
potf'nri.:al bclneiicl.10' ,:,; thi$ 80nd, rho:! Contr.1c~or ,ho3lI
promptly fvrni;;h.l copy 01 this Be-no or shall permit a copy
to be nt..d~,
15 DEFINITIONS
15.1 CI;Aico<illt ..... individu,s1 or emir\ having a dire<:t
contract wnh the Contractor or with a sub<:onfr.lctor of
the Contractor to iumish labor. m,u<<ialt or equip-
ment tor US4 in U~ ~rlotmance ot the Contract. Th.
intent 01 this 80nd sNII ~ to includ4 without limita-
t,on in the terms "labor. rmterials or equipment" that
par1 of warer, gas, power, light, heat. oil, gasoline,
tel~chone servic~ or ro:nl..1 equipment used in the
MODIFICATIONS TO nus BONO .foRE AS FOLLOWS:
ClJnstruc:iQll Contr~(!, archi~e.;-tur.ll .lnj ~n8,n~.t'rng
s~rvic:(>; r~qu;'ed ror p<trt'orm.1nce or rh~ wor;: 0; t~
Cont'a.ctor and tn.t Contra.ctor's subcontractors, and
.111 o:h~r item$ 10' ....hid' ~ me<:h4nic's lien Irall b.:
aS$~rT~d in the jurisdi.::tion 'Where the laoor, [Tl..t~ridls
or equipm~nr wtl~ (urni)h~,
JS.2 Construction ConTraCt: Th~ agr~ment between
the Owner and the Contractor id~ntified on the sig-
n03ture page, including all Contract OO<\lments ,lnd
changei Ineroeto.
15.3 (homer D~iault: Failure of th~ Owner, which has
neither been remtd~ I')Or wt1Ii'led, to ~y the Con-
trxtor as requited by th~ Con$tl'\lction Contract or to
pet"form and complete or cornpl)' with the oth.er terms
:hereof.
(Space i$ provided below f"r OldditiOfl.~1 ~ign~tures of added partll~S other lholn thO$e 3pp~aring 0<'1 tl-~ covet p.l~.i
CONTR.'\CTOR AS PRINCIPAL
Co rn;>anv .
Bi-'rec
5URHY
cCorpor.ne Seali Compan\
Indemnity
(f':orpor3te Seal)
of North
America
S;gn,:vre, _
, fael Agu Name .nd Tilt~
Addre~~: 15297 SW 69th Lane ~ddres'i 160
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h.NtO "INTH" . MAICH '''1
Atty.-In-
street Fact
FA 1Q192 -
A312-198' ,
Power o.f
Attorney
INDEMNITY INSURANCE COlHPANY OF NORTH AMERICA
848103
e
CIGNA
BOND NO.: KO 59 53 22 4
Know all men by these presents: That INDEMNITY INSlIRANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwe'l!th of
Pennsylvania, having its principal otlice in the City oj Philadelphi, Pennsylvani" pursuant to the following Resolution, adopted by the Board of Directors ofth
said Company on December 5, 1983. to wit:
~RESOL VED, That pnr-mant to Articles 3.18 and 5.l l,lfthe By. Laws, ~ following Rules Mall goVt:m the execution for the ComplutY of bond'\, tmdertakings., recclgnl:mncC:i, CC'lfitract3 and other writin!{s in the nature
thlmmf
That the President, any Seni~r Vice President, any Vice President, and ASSiStant Vice President, or any Attorney. in-Fact, may e~ecute for and on behalf of the Company any and all bonds, tmdertakings, recognizances.
contracb and other writmgs m the nature thereof, the wne to be attested when necessary by the Cotp(lfate Secretary, or any AssiStant COI'JX-'Irate Secretary, and the seal of the Company atILxed thereto~ and that th~
President, ,my Senior Vice President, any Vice President (If any Assistant Vice President may appoint and authorize any other Officer (elected or appointed) of the Company. ant Attorneys-In-Fact to so execute 0f
attest to the execullon of all such writings on behalf of the Company and to amx the ,eal of the Company thereto,
Any 3\lch writing executed in accordance with the.. Rule, shall be as bmding upon the Company in any case as though ,igned by the President and attested to by the Corporate Secretary,
The signature of the President, or a Senior Vice President, or a Vice President, or an Assistant Vice President and the seal of the Company may be affIXed by facsimile on any power of attorney granted pursuant to this
Resolullon, and the stgnature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any ,uch power or certificate bearing 3\lch fac,imile signature and
,eal shall be valid and binding on the Company,
Such other Officers of the Company. and Attorneys-In-Fact shall have authority to certify 0f verify copies of this Resolution, the By-Laws of the Company, and any affidavit or recQfd of the Company necessary to the
discharge (If their duties.
(5) The passage of this Resolution doe, not revoke any earlier authority granted by Re,olultofi-' of the Board of Directors adopted on June 9, 1953, May 28, 1975, and March 23, 1977,"
does hereby nominate, constitute and appoint OTTO V. LATIMER, JR, of the City of Miami, State of Florida, each individually if there be more than
one named, its true and lawful attorney-in. fact, to make, execute, seat and deliver on its behalf, and as its act and deed any and all bonds, undertakings,
recognizances, contracts and other writings in the nature thereof in penalties not exceedin~ Five Hundred Thousand Dollars ($500,000 and the execution 0
such writings in pursuance of these presents shall be as binding upon said Company, as fully and amply as if they had been duly executed and ackowledged
by the regularly elected officers of the Company at its principal office.
IN WITNESS WHEREOF, the said William Jungrei5 , Vice. President, has hereunto subscribed his name and affixed the corporate seal ofthe said
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA this 14th day 01 Jul) 1995,
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William Jungreis, Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On This 14th day of July, A.D. 1999, before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came
William Jungreis, Vice.President of the INDEMNITY INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual
and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is
the corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, an
that Resolution, adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my ollicial seal at the City of Philadelphia the day and year first above written
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NOTARIAL SEAL
DEBRA M. MARANO, Notary Public
CIty of Philadelphia, Phlla, County
My Commission Expires Dec 20. 1999
Notary Public
I, the undersigned Secretary of INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER
OF ATIORNEY, of which the foregoing is a substantially true and correct copy, is in full force and effect.
In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this 1 4 tIltay of
O~t-ohpr .1.9..99
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THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTE: July 14,2001 ,
NOT VALID UNLESS PRINTED ON TEAL BACKGROUND