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C2A - a J INVITATI LICE STATION LV T RS RENOVATION ITS / r ID OPENING: September 9 2010 at,3:00 p.m. Marta Fernandez, CPPB, Procurement Coordinator PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 ww•w.,.miamibeachfi.gov AA DEAk".0 ri i F:\PURC \$ALL \MARTA \Bids \09 Q \Police Station Elevator, Renovation \ITB 50 -09 -10 - Police Station Elevators Renovat`:on.doc a COMMISSION ITEM SUMMARY Condensed Title. Request For Approval To Award A Contract, Pursuant To Invitation7o Bid No., 50- 09/10, For The Police Station Elevators Renovation; Authorize The Administration To Engage In Value Engineering To Further Reduce The Cost And Time. For Completion Of Said Project; Authorize The Mayor And "City Clerk To Execute An Agreement With Xpert Elevator Services, Inc., In The:Amount Of $229,999, For The Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $22,999.90, For A -Grand Total Not To Exceed $252,998,90 From Funds Previously Appropriated ' In The.,l =fiscal Year 2008/2009 Capital Renewal And Replacement Budget, In Account Number 1`25- 6335 - 000350. Key Intended Outcome Supported: Ensure well maintained facilities. Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated that 87.2% of residents, and 85% of businesses rated the appearance and maintenance of- the City's • public buildings as excellent or good. Issue Shall the City Commission approVethe award of the Contract? Item Summa /Recommendation: 'Invitation to Bid No. 50 -09/10 was issued on August 6, 2010, with a bid opening date of September 9,2010; a Pre -Bid Conference was 'held on August 25, 2010. Three (3) addenda were issued to provide additional information and to respond to- questions submitted by the prospective bidders, thus extending the bid opening: date to March 19, 2010. Bidsync issued bid notices to 25 prospective bidders. The notices resulted in the receipt of two (2) bids, r � On December 10, 2010, the Technical Review Panel (TRP) convened to review, evaluate acid rank the bids submitted for the Police Station Elevators Renovation, and to interview: the bidder's key personnel. At the conclusion of the interviews, the TRP.recommended Xpert Elevator Services; `inc. as.the lowest and best bidder. Xpert Elevator Services, Inc. is a family owned and operated elevator Company specializing in service, maintenance, repair, modernization, cab. restoration, and new construction. Dean A.. Beckemeyer, the Qualifier, has over 18 years of elevator experience. Xpert has recently completed the installation of. five elevators at the Omphoy Beach ,Resort in West Palm- Beach, and the modernization of a total of eight elevators for various condominiums, including Mayan Towers South, Shores of Wellington, Peruvian Terrace and Wellesley Park Apartments. APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: N/A Financial Information: ,Source of Amount Account Funds :, 1 $252,998.90 FY 2008/2009 Capital Renewal. and Replacement Acct: # 125 -6335 -00350 _. 4 5 OBPI . Total ' , '$2,52,998.90 Financial Impact Summary:: City - Clerk's Office Le islative Tracking: Gus Lopez Ext. 6641 Sign I n De art ent Director Assis a t CRY r I City Mana er . GL GE JGG ' PDW JMG Na TAAGENDA 01111- 19- 1111TB 50- 09 -:10 Police Station Elevators Renovation SUMMARY.doc AGE ITEM -A rT " l _C 7 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and - Members of the City. Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 19, 2011 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 60-09110, FOR THE POLICE STATION ELEVATORS RENOVATION; AUTHORIZE THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST . AND TIME FOR COMPLETION OF SAID PROJECT; AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH XPERT ELEVATOR SERVICES, . INC., IN THE AMOUNT OF $229,999, FOR THE .CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $22 FOR A GRAND TOTAL NOT TO EXCEED $252,998.90; FROM FUNDS- PREVIOUSLY APPROPRIATED IN THE FISCAL YEAR 2008/2009 CAPITAL RENEWAL AND REPLACEMENT BUDGET; IN ACCOUNT NUMBER 125- 6335 - 000350. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME Ensure well- maintained facilities: FUNDING Funding in the amount of $252,998.90 has 'been previously appropriated in Fiscal Year. 2008/2009 Capital Renewal and Replacement Budget as follows: :Construction: $ 229,999.00 FY 2008/2009 Capital Renewal and Replacement Account #125- 6335 -00350 - Contingency: $ 22,999.90 FY 2008/2009 Capital Renewal and Replacement Account #125- 6335 -00350 $ 252,998.90 Grand Total. ANALYSIS The Project Scope of Work consists of the complete modernization of two (2) passenger elevators and one (1) service elevator at the Police Headquarters building, located at1100 Washington Avenue. The work will include the installation of new hydraulic power units, new controller systems, new door operators, modifications to elevator pit, hoistway and elevator machine room as required to comply with current Florida. Building Code regulations. J 8 City Commission Memorandum Police. Station Elevators Renovation Contract Award Memo January 19, 2091 Page 2 of 4 BID PROCESS Invitation to Bid No. 50-09/10 (the "ITB ") was issued on August 6, 2010, with a bid opening date of September 9'2010; a Pre -Bid Conference was held on.August 25, 2010.. Three (3) addendums were issued to provide additional information and to respond to questions. submitted by the prospective bidders, thus extending the bid opening date to October 5, 2010. . Bidsync issued bid notices that resulted in 25 prospective bidders downloading.'and /or viewing the ITB. The notices resulted in the receipt of two (2) bids as shown in Table 1 below. A total . of seven elevator, contractors attended the meeting, including, in addition to the two bidders, ThyssenKrupp Elevator, Otis. Elevator Company, Mowery Elevator, Oracle and Schindler' Elevator. The Procurement Division requested information from the companies that opted not to bid. Schindler and Mowery did not provide a response. The other companies responded 'as follows: • Otis had its sister company (CentrellX) bidding the project: - • ThyssenKrupp had personnel on leave, and therefore elected not to bid. ■ Oracle Elevator had simultaneous projects bidding at the same time, and elected not to. bid. In addition to the two bids received, the .City had obtained a Job Order Contracting (JOC) proposal for the renovation of the elevators back in February 2010. The scope of work has been revised from:the time the JOC proposal was requested, and a new proposal has been obtained. from the JOC contractor. Table 1 below compares bid results to' JOC proposal: Table 1 = Tabulated. Results Company Name Tofal Arnoun# Deduc# TotalLess B A te' n Xpert Elevator Services, Inc. $229,999.00 $8,747.00 $221,252.00 CentrellX Elevator Service, Corp. $260,581.00; $1 500 $259,081.00 Matrix Construction Group (JOC) *$230,902.61 $1,100 $229,802.61 Includes 1.95% Gordian Group Fee, total of $4,416.48. Deduct Alternate for the installation of thermally powered VAV diffusers in lieu of VAV boxes to be selected at the discretion of the City. - On December 10, 2010, the'Technical Review Panel (TRP)r convened to review, evaluate and rank the bids submittedYfor the Police Station Elevators Renovation. The TRP consisted, of the following individuals: ■ Olga Sanchez, Construction Manager, CIP Office ■ Charles Fossler, Sr. Capital Projects Coordinator, CIP Office ■ John Antona, Chief Elevator. Inspector, Building - Department Gus Andino, Contracts Coordinator, Property Management Prior to the meeting, the TRP voting members were provided with the proposals submitted by each' bidder, the performance evaluation surveys prepared by previous clients of the bidders, the risk assessment plan and value added submittal, and the resumes of each firm's team proposed to be assigned to the Project. 9 City Commission Memorandum — Police Station Elevators Renovation Contract Award Memo January 99, 2019 Page 3 of 4 The TRP based its recommendation on the following evaluation. criteria: 1. Total Lump Sum'Base Bid Price 40 points 2. Qualifications and Experience of bidder 20 points 3. Past Performance 10 points 4. Risk Assessment PlanNalue Added Submittal 10 points 5. Presentation and Interview of Bidder's Key Personnel 20 points - Total 1 points It was discussed by the TRP before the interviews the importance of the successful bidder understanding of the tack of space for storage of equipment; the fact that part of the work, such as.fire alarm testing, has to be completed after hours at no additional cost to the City; and.knowledge of the City of Miami Beach Building Department's requirements. In addition' to the one year warranty, the-successful bidder must provide a one year preventive maintenance of the elevator equipment in their bid price. The Panel scored the bidders as.follows: Table ITB 50 -09110 - Police Station Elevators Renovation Ol a Sanchez Charles Fossler John Antona Gus Andino Points Ranking_ Points Ranking Points Ranking Points Rankin Xpert Elevator 95 1 100 1 54 .2 .95 1> . Services, Inc. CentrellX Elevator , 85 2 97 2 .55 1 90 . 2 Comp Note: maximum based on ITB criteria is 100 points. At the conclusion of the interviews, the-TRP recommended Xpert Elevator Services, Inc. as the lowest and best bidder. Their bid amount included the use of a.20' trailer to store equipment, and accounted for overtime hourly rates for required inspections after hours. Xpert Elevator Services, Inca Xpert Elevator Services, Inc. is a family owned and operated elevator Company specializing in service, maintenance, repair, modernization, cab restoration, and new construction. Dean A. Beckemeyer, the Qualifier, has over 18 years of elevator experience. Xpert has recently completed the installation of five elevators at the Omphoy Beach Resort in West Palm Beach, and the modernization of a total of eight elevators for various condominiums; including Mayan Towers South, Shores of Wellington, Peruvian Terrace and Wellesley Park Apartments: CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City - Manager exercised his due diligence - and recommends to the Mayor and City Commission the award of a contract to Xpert Elevator Services, Inc. It should be noted that the City's regular process of considering the price for projects and its standard process for bidding construction projects :has resulted in a price that is reflective of the 'current market. At present, it appears that the market is very competitive and that the City will continue to receive bids that are lower-than those - received in the past year or so, City Commission Memorandum.- Police Station Elevators Renovation Contract Award Memo January 19, 2019 Page 4 of 4 - an open and competitive, transparent process The public procurement process, which is ; has again served the City to provide a competitive,price for this project, as it has in the past, with a proposed project cost which is approximately $200,000 lower than the construction budget. CONCLUSION The Administration recommends award of a contract pursuant to Invitation to Bid No. '50" 09/10, "for the Police Station Elevators Renovation; authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project; authorize the Mayor and City Clerk to execute an agreement with Xpert Elevator Services, Inc., 'in the amount of $229,999, for the, construction of the project, plus approve a project contingency in the amount of $22,999.90, for a grand total not to exceed $252,998.90; from funds .previously appropriated in the Fiscal Year 2008 /2009 Capital Renewal , and Replacement Budget, in account No: 125 -6335- 000350. JMG /GE /GL T:\AGENDA\201,J\1- 19- 11\lTB 50- 09 -1'0 Police Station Elevators Renovation MEMO.doc . 00408. SCHEDULE OF PRICES BID (Amended 977/10) CITY OF MIAMI BEACH INVITATION TO BID (ITB) No: 50 -09110 FOR THE POLICE STATION ELEVATORS RENOVATION . Our TOTAL LUMP SUM BASE BID AMOUNT'AND GRAND TOTAL AMOUNT inciudes1he total cost for the work specified in this -bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization," demobilization; ,overhead & profit, insurance, permits and taxes to complete the Work to the; full intent as shown or indicated in the Contract Documents.. COMPANY NAME: - Ee taA_./, 6e� 5 ITEM NO. DESCRIPTION TOTAL POLICE STATION ELEVATORS RENOVATION: Division 1 General $ _ n/ X� Division 13 - Special Construction id IL $ 00 Division 14 Conveying Systems Division 15 - Mechanical w Division 16 — Electrical QD 2. Allowance. Allowance for permit fees, for the : Base Bid rice of: $6,000 3. Allowance For consideration for indemnification -x Base Bid for the lump sum of $25.00 TOTAL- LUMP SUM BASE -BID AMOUNT (ITEMS,'1 -3) Written: Dollars and Gents. 4. Deduct ` Thermally actuated diffuser Alternate #1 versus powered VAV box $' (Section 01010) for the lump sum of: GRAND TOTAL BID ITEMS 1 - 4 (TOTAL LUMP SUM BASE $ BID LESS ALTERNATE #1 ) aCJ Wriitten: L(�6 Ile -%.. • kIC0 Dollars and L Cents. BID NO: 50 -09190 ITYOF MIAMI BEACH DATE: Amended 9/7!10 } 00600. CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach,. a political subdivision of the State of Florida, - hereinafter referred to as City, and XPERT ELEVATOR SERVICES, INC., hereinafter referred-to as Contractor. W] T N E S S E T H, that Contractor and City, for the considerations hereinafter. named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the .Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued' by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction ' work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications - section, submittal schedule and schedule 'of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty -one (21) calendar days. of the issuance of the first Notice.to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and eighty (180) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. BID NO: 50 -09/10 CITYOF MIAMI BEACH .DATE: August 6, 2010 66 2.3 Upon failure of Contractor to substantially complete. the. Contract within the specified period of time, plus approved , time extensions, Contractor shall pay to City the sum of one thousand four hundred dollars ($400.00) for• each calendar day after the time .specified in Section 2.2 above, plus any. approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section -2.2 above, plus approved time extensions. thereof, for completion and readiness' for final payment, Contractor shall `pay to City the sum of one thousand four hundred dollars ($400.00) for each calendar day after the time specified in Section 2.2. above, plus any approved extensions, for, completion and readiness . for final payment. These amounts are not penalties but are Liquidated damages to City for its inability to obtain full beneficial occupancy and/or of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect: of the failure of Contractor to complete the Contract on time. The above- stated Liquidated damages shall apply separately to each portion of the Project which a time for completion is given. a 2.4 City is authorized to deduct liquidated - damages from monies due to Contractor for the Work under this Contract or as much- thereof as City -may, in its sole 'discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City; in addition . to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to -the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies 1. ,due Contractor for performance of Work under this Contract by mean's of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM This is a Unit Price Contract . 3.1 . City shall pay to Contractor the amounts determined for the total number : of the units of work completed at the unit price stated in the schedule of prices bid, The number of units contained in this schedule is an estimate only, and final payment shall be made -for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable_ to each "integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit,- associated with completion of all, the Work in full conformity with the BID NO: 50 -09110 CITYOF MIAMI BEACH DATE:, August 6, 2010 67 r requirements as stated or. shown, or both, in the Contract Documents: The cost of any item of work not covered by a definite Contract unit price shall be included, in the Contract unit price or lump sum price to which. the item is most applicable.. - [ X ] This is a Lump Sum Contract 4 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion - of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in , the - lump sum price to which the item is most applicable. * Note - Some projects include both unit prices and lump sums -in, -which case - both :' sections shall apply -to the Work identified for each type of Contract. - - ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during, the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by. Consultant. Contractor shall include, , but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a. release of liens and consent of surety relative to the work which is the subject of the Application. Each'Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval .by Consultant of Contractor's Application for Payment and submission of an acceptable updated -progress schedule -. 4.2 Ten percent (10 %) of all monies earned by Contractor shall be retained by City until. Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90 %) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5 %) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant, and Contractor shall have no entitlement to a reduction.. Any interest earned on retainage shall accrue to the benefit of City. All requests for 'retainage reduction. shall be in writing in a separate stand alone document. 4.3 City may withhold, in whole; or in part, payment to such extent as may be necessary to protect itself from Foss on account -of: 4.3.1 Defective work not remedied.. BID NO: 50 -09110 CITYOF MIAMI BEACH DATE: August 6, 2010 68 1 . 4.3.2 Claims filed or..reasonable evidence indicating probable filing of claims, by other parties against Contractor or City because of Contractor's performance. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or. labor. 4.3.4 Damage to another contractor not remedied. ' 4.3.5 Liquidated damages and ' costs incurred by 'Consultant for extended construction administration. . r 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Co_ ntract Administrator, payment shall be made in whore or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, {make an inspection thereof. If Consultant and Contract Administrator find the Work . - acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a- Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been. performed and the .Work - is ready for acceptance under the terms and conditions thereof. 5.2, Before issuance of the Final Certificate for Payment, Contractor shall deriver to Consultant. a complete release of all liens. arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all. suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; .the final corrected as- built* drawings; and the final bill of materials, if required, , and invoice. l 5.3 If, after the Work has been substantially completed, full completion thereof Js materially delayed through no fault of Contractor , and. Consultant so certifies, City shall, upon certificate of Consultant, and without. terminating the. Contract, make payment of the balance due for that portion- of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute @ of claims. 5.4 Final payment shall be-made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with, the. provisions of the General Conditions and identified by Contractor as unsettled at the time of the. application for final payment. BID NO: 50= 09/10 CITYOF MIAMI BEACH DATE: - August 6, 2010 69 ' t ARTICLE 6 MISCELLANEOUS 6.1, This Contract is part of, and incorporated -in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall governthis Project. 6.2 Where there is a conflict between any. provision set forth within the Contract Documents and a more.stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity. Crimes In accordance with the Public Crimes Act, Section 287.133 Florida Statutes, a person or affiliate who is a contractor,- consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a . contractor., . supplier,. subcontractor, or consultant under a contract with the City, and may not transact . any business with the City in' excess of the threshold amount provided in Section 287.017,, Fjorida Statutes, for category two purchases for a period of 36 months from the. date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor • . Contractor is an independent' contractor under this Contract. Services .provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract.shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or-substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. t BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 `70 6.6. Notices r Whenever,either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, . or by hand- delivery with a request for a- :written receipt of acknowledgment of delivery, addressed to the party for whom it is intended: at the place last specified. The place for giving notice shall remain. the., same as set forth herein until .changed in writing in the manner provided in section. For.the present,- the a parties designate the following: For City r Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Gus. Lopez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 n For Contractor Xpert Elevator Services, Inc. 550.Business Park Way -Bay # 8 Royal Palm Beach, Florida 33411 Attn: Mr. Dean Beckemeyer 6.7 Assignment and Performance - r - Neither this Contract nor any interest herein shall be assigned, transferred, or, encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General- Conditions. Contractor represents that all persons delivering the - services required by this Contract have the knowledge and skills, either by training, experience, education, or a . combination thereof, to adequately and competently perform the duties, obligations, and services set forth,ih the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and -all interim and final product(s) provided to or on behalf of City. shall. be comparable to the best local and national 'standards. BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 71 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation.set forth in these Contract Documents is substantial and 'important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed .a waiver of any subsequent breach and shall not be construed to be . a modification of the terms of this Contract. 6.9 Severance -n the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An erection to, terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court. becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement. of same shall. lie in Miami -Dade County, Florida. By entering into this Contract, Contractor a and City hereby expressly waive any rights either party may have to a trial - by jury of any civil litigation related to, or arising out -of the Project. Contractor shall specifically bind" all subcontractors to the provisions of this Contract. :. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a. written document prepared with the same or similar formality as this Contract and executed by the Board and Contractor. 612 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 72 IN WITNESS WHEREOF, the parties have set their hands and seals the day'and year first above written. ATT ST: THE CITY OF _MIAMI B ACH City Clerk May r. Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE' CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Contractor ATTEST: , t C� ✓x e )(N - ame of rporati n) , (Secretary) (Signature) (Corporate Seal) (Print Name and T Ale day of ` . KI ✓ , 20 � l [If not incorporated sign below.] Contractor WITNESSES: (Name.of Firm) By: (Signature) (Print Name and Title) day of , 20 AS TO CITY REQUIRES FOUR (4) FULLY - EXECUTED CONTRACTS, FOR 'ACHE &F XECUTION ti Y AtturnaA Date c "1 BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 73 . 1 i IN WITNESS WHEREOF, the parties have set their hands .and seals the day and . year first above written. f ATT ST: THE OF ;Mkmll B ACH -City Clerk May r Contractor MUST EXECUTE THIS CONTRACT .AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Contractor " ATTEST: � (Name of rporati n) By: /As,� /�7 �, (Secretary) (Signature) lion (Corporate Seal) (Print Name an T tle- day of ,.20 [If not incorporated sign below.] . Contractor WITNESSES: . of- Firm) .By: (Signature) (Print. Name and - Title) day of 20 �� CITY REQUIRES 'FOUR (4) FULLY - EXECUTED CONTRACTS, FORS TO GUAOE &�Fn XECUTiON I�- ( ` y Attnrii) d: " 1 Date BID NO: -50 -09/10 .CITYOF MIAMI BEACH DATE: August 6, 2010 73 i a 00708. FORM CERTIFICATE OF INSURANCE " ti A form Certificate of Insurance will be attached here. L BID NO: 50- 09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 74 / Y ® DATE (MMIDD/YYYY) co RL�► CERTIFICATE OF LIABILITY INSURANCE OP ID xT �. 02/14/11 THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. _ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER. NAME: PH NE Newman Insurance Agency, Inc A/C, No Ext : (A/C, No): 5700 Stirling Road ADDRESS: PRODUCER Hollywood FL 33021 CUSTOMER ID #: XPERELE Phone : 954 - 9 63 — 9 62 6 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Endurance American Specialty . N ert Elevator Services Inc INSURER B: Associated International 0 Business Park Wayy Bay #8 Royal Palm Beach FL 3411 INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 'NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MWDD/YYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ,000,000 ' A X COMMERCIAL GENERAL LIABILITY CMC100006688 - 02 04/04/10_ 04/04/11 PREMISES (Ea occurrence) $ 100, 000 CLAIMS -MADE Fx] OCCUR MED EXP (Any one person) I $ 5 , OOO X PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2, GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ Included POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ' BODILY 9NJURY,(Perperson) $ , ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS n ! (Per accident) $ NON -OWNED AUTOS �( $ $ _. B UMBRELLA,LIAB X OCCUR XOBW3094810 06/11/10 04/04/11 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $1,000, DEDUCTIBLE $ • RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER /EXECUTIV� N /A E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? - (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ - if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate.holder.'is Additional Insured with respect to General Liability CERTIFICATE HOLD CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach RE : ITB # -09/ AUTHORIZED REPRESENTATIVE 1700 Convention Center Drive Miami Beach FL -33139 _ @1988-2004ACMDUCYOORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ®, DATE(MMIDDIYYYY) A00R©, CERTIFICATE OF . LIABILITY INSURANCE 14 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS . NO RIGHTS UPON THE CERTIFICATE COWAN CONSULTING SERVICES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2151 Alt AlA South Suite $O0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jupiter, FL 33477 575 -73 ?4 INSURERS AFFORDING COVERAGE NAIL* 561 INSURED Xpert Elevator Inc INSURER A: Allstate Co mmler Ci al 19232. 550 Business Park Way INSURER s: Bay .g INSURER. C: Royal Palm Beach, Fl 334,11 ENSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR C014DMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY NUMBER DA M EFFECTIVE PPA� Y EX�pI�YN LIMITS LTR NsttD TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY PREMISES Ea o=ence $ CLAIMSMADE - OCCUR MED EXP (Any one person). S PERSONAL.& ADV INJURY $ GENE AGGREGATE , 3 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP AGG $ POLICY 7 JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 1 000 g . ANYAUTO (Ea accident) > ALL OWNED AUTOS BODILY INJURY, (Per person) $ SCHEDULED AUTOS A x HI RED AUTOS 048955662 11/25/09_ 11/25/11 BODILY INJURY X NON- OVMIED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT, S ANYAUTG OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /-UMBRELLA'LIABILTY EACH OCCURRENCE $ OCCUR CI CLAIMSMADE AGGREGATE $ ' DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU TH- AND EMPLOYERS LIABILITY YI TORY LIMITS ER ' ANY p R OPRIET ORPARTNERFxECUTIvE ❑ E.1' EACH ACCIDENT $ OFFiCERIMEMBER EXCLUDED? Msxhftq In rail E.L. DISEASE - EA EMPLOYEE $ K yes, describe under SPECIAL PROVISIONS below E. L. DISEASE - POLICY LIMIT $ OTHER . DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I "SPECIAL PROVISIONS . CITY MIAMI BEACH IS LISTED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EM CANCELLED BEFORE THE E7CPIRATION CITY OF MIAMI BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS.WRITTEN 1700 CONVENTION CENTER DR NOTICE TO THE COMFICATE HOLDER NAMiED ro THE LEFT, BUT FAILURE TO DO SO SHALL 'MIAMI BEACH, FL 33139 IMPOSE NO OBLICiAT10N OR LU1BILiTY OF ANY tOND UPON . THE INSURER, ITS AGENTS OR RE: YTS # REPRESENTATIVE8. FAX_ 561 - 204 -4572 AUTHORIZED REPRESENTATIVE ACORD25 (2009101 ) 1988- 200ORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of AC CAD i 4- — - - - — - DATE A - CJMTWPIC E "LIABILITY NSURANCE�_: _ _..__ : _ : _..__ 2114/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE _ CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,. the policy (ies) must be endorsed. if SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the cert holder in lieu of such endorsement(s). C[MrACr PRODUCER w FA7C tuC. na Q* we Nok E- MIL FRANKCRUM INSURANCE AGENCY, INC. 100 S. MISSOURI AVE. INNEM AFFORDING COVERAGE NAICN CLEARWATER FL 33756 INSURER A: FRANK WINSTON CRUM INSURANCE, INC. 11600 INSURED INSURER 8: _ INSURER C: . FrankCrum 1- 800 -277 -1620 INSURER D loo S MISSOURI AVENUE. lNSU�R E , CLEAR WATER _FL 33756 INSURER P COVERAGES CERTIFICATE NUMBER: 18345 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONS AND CONDI IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE AWL SUBR POLICY NUMBER ( M yy) pny LUSTS LTR MR. WVD EACH O CCURRENCE $ GENERAL LIABILITY DAMAtiE TO RENTED PREMI (6 oocumoeel $ COMMERCIAL GENIERAL 1 � OGCli1t MED EXP one $ PERSONAL & ADV INJURY S GENERALAGGREGATE $ PRODUCTS- COMPIOPAGG $ GENT AR+GREGATE IAW APPLIES PER POU CY PRQIECT UDC COYBWFA SQIG'LE L"T (Es aoddeQ — AUTOMOBILE UABIUTY . { - BODB.Y INJURY lPd P 0wQ $ • ANY ADO SCHEDULED BODILY INJURY (Pv xeddmll $ . ALL OWNED _ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ • (pc HIREDAUTOS AUTOS $ t nuarta a Lyrg OCCUR EACH OCCURRENCE $ ExcESS �J CLAIIAS 44ADE AGGRE"TE LIAR $ s OED ft -TENUM 3 . WC201100000 1!1/2011 111/2012 vat stATU oTw ER A . WORKERS COMPENSATIOM AND X TORY IJMITS EMPLOYERS' UAWLr Y N EL EACHACC�NS $1 ,000,000 ANY PROPRIETORM NIA - EXCLUDED? Pte E.L. DISEASE - EA EW OYEE $1,000 000 ttym dezabe meer DESCRIPTION OF OPERATIONS Bela" E.L. DISEASE - POLICY LET $1 , 000. DESCRIPTION OF OPERA11ONS I LOCATIONS I VEHICLES {AKadf ACORD 101, AddMona! Rmna(U SdmfiJa, B moQe space is ro4rfecll EFFECTIVE 0613012008. COVERAGE IS FOR 100% OF THE EMPLOYEES OF FRANKCRUM LEASED TO XPERT ELEVATOR SERVICES, INC, (CLIENT) FOR WHOM THE CLIENT IS REPORTING HOURS TO FRANKCRUM. COVERAGE IS NOT EXTENDED TO STATUTORY EMPLOYEES. CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i CITY OF MIAMI BEACH ACCORDANCE WITH THE PO LICY PROVISIONS. RE. ITB # W- 09110 . f 1700 CONVENTION CENTER DRIVE AUTNORIM REPRE nrE SEWAT MIAMI BEACH, FL 33139��� 0 1988 -2010 ACORD CORPORATION, All righter reserved. ACORD 25 (2010105) The ACORD name and logo are regi:rtwed marks of ACORD 00709. VALUE ENGINEERING AMENDMENT Value engineering following award of a contract and prior to contract execution will be attached here. B1D NO: 50 -09/10 CITYOF MIAMI BEACH 75 DATE: August 6, 2010 Contractor PROJECT: Xpert Elevator Services, Inc. City Of Miami Beach Police Dept Elevator Reno ITB # 50 -09/10 550 Business Park Way Bay #8 1100 Washington Avenue Royal Palm Beach, FL 33411 Maimi Beach, FL B C E E F G DESCRIPTION OF WORK SCHEDULED TOT COMPLETEC BALANCE (from.original schedule of values) VALUE THIS APPLICATION AND STORED TO FINISH WORK WORK STORED TO DATE (C -G) IN PLACE IN PLACE MATERIAL - (D +E +F) Permit _. 6,000.00 6,000.00 $187,830.00, Bid Allowance 25.00 25.00 Electrician to start _ _2_4 147. 241-147.20 _ _ _ __ Materials Delivered 58,897.52 _ Fire Rough 11,997.60. 11,997.60 S prinkle r Roug 12 MOD of Elevator _ # 1 Passen 27,298.84 _ TOP. on #1 Elevat -------------------- ,..,_ _ _._ _ _ _. _..._- - ___...._____ -_ _ MOD of Elevator #2 Passen 27 TOP on #2 Elevator 'MOD' o f Service Elevator #3 27,298.80 TOP on Servic Elevator .v...- �.,.._.._ __...---------- _ _ ____ _ _ _�, .._ � .. ._ _ , _ . ___ _ _ __- _ _ _ ____ ---- _ - .. - ------------- _ Electrical: Punch Out A/C with Diffuser 6,037.00 F Protection _3 1 000.00 S prinkler Work 3,000.00 Final Inspection - _ 10% Retaina - Patch work etc... 22,999.00 Draw #1 42,169.80 TOTALS 229,999.80 187,830.00 .0.001 0.001 187,830.00 v o � m U) cn CD N Cl) . cn cn — . _. R O _ W. CD CD CD N cr O O 3 X 0 :3 o c �' fll m ill T• o n CD < '� Z` n y c N Cl) .� CAD O — O CD O - CD L2 CD cQ *` CD � 0 0 0 0 0 0 0 _ �' D CDC C C� O �. ? O W O N O CL T Da m. O° C CD , CD *_ N x Cp, r+ N N N N N N C31 0 to N w W CD V V - N � 00 tD (D O O O N N N O cfl - Co O O tG to O O w to to to O to � to N r to to O O -4 co 00 co O -I -4--4 CA � 00 O O O O co 0o co O m N Cn O Co O O O O O O .O O N O „' Cr CO) t rt of on rat im O = `< ° Week 1 i v-. _. Week 2 CD Week 3 3 CD X CD CD CD Week 4 rq O rn Week 5 0 CL �. CD Week 6 c� . �. Ca 7 m < - o Week 8 ° o CD. ci O ;u cD �• y Week 9 -� = n = V9 o —• Week 10 rt �. CD 0 Week. 11 a, IF Week 12 c� Week 13 Week 14 Week 15 m 71 Week 16 �. n Week 17 Week 18 c Week 19 0 I T Week 20 E n o nt ac i e �K ALT 23 EGANFUSKEE STREET SUITE 102 JUPITER, FLORIDA 33477 LLC TELEPHONE (561) 776 -9001 t� 'y FACSIMILE (561) 427 -6730 Building Relationships www.calinc.com Contract No.: 50 -09/10 Surety Bond No.: 535311P Contractor Name: Xpert Elevator Services, Inc. Surety Company: Developers Surety and Indemnity Company Address: 550 Business Parkway, Bay 8 Address: P.O. Box 18725 Royal Palm Beach, FL 33411 Irvine, CA 92623 Phone Number: 561/204 -3833 Phone Number: 949- 263 -3300 Owner Name: City of Miami Beach Project Name: Police Station Elevators Renovation Address: 1700 Convention Center Dr. Project Location: 1100 Washington Ave. Miami Beach, FL 33139 Miami Beach, FL 33319 Phone Number: 305 - 673 -7000 Contract Amount: Two Hundred Fifty Two Thousand Nine Hundred Ninety Eight and 90/100 Dollars ($252,998.90) Description of Work: Three (3) Elevator Modernization Legal 1100 Wellington Trace, Wellington, FL 33414 Description of Project: This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front - page of the performance /payment bond(s) regardless of preprinted numbers on other pages issued in compliance with Florida Statute 255.05. 00710. FORM OF PERFORMANCE BOND Bond No. 535311P BY THIS BOND, We Xpert Elevator Services, Inc. as Principal, Developers Surety and In emnity ompany hereinafter called Contractor , and , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Two Hundred Fifty Two Thousa Nine Hundred Ninety Eight A,5611�rq /(�%V 00 252, 994. A9 the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract No.: 50 -09 / 10 awarded the ?� day of / 20 y — T „�_� �, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract "; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of P olice Station Elevators Renovation , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO: 50- 09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 76 f FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. x/ igned and sealed this c;; day of _ ,20 WI NES ES: X ert Elevator Services,, Inc. ( e of Corporati ) - � By: . " (Signature) „ - '� (CORPORATE SEAL) Dean Beckemeyer, President (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: Develope_s Surety and In emnity Company By: Agent and Attorney -in -Fact D. Michael Stevens I tA Address: P.O. Box 18725 (Street) Irvine, CA 92623 _ (City /State /Zip Code) � Telephone No.: 94%-263-3300 BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 77 f. 00720. FORM OF PAYMENT BOND Bond No. 535311P BY THIS BOND, We Xpert Elevator Services, Inc. as Principal, hereinafter called Contractor , and Developers Surety and Indemnity Company pany Surety, are bound t� the Cit� of I a B ach, lorida, h as Obligee, hereinafter called City, in the amount of wo Hun red Fi ty Two T ousan Nine Hundred Ninety Eight an dV/1Ib99 ($ 252,998.90 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract 50 -09/10 No.: ,awarded the day of , 20_/L, with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract "; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN Contractor 'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty -five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 78 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this day of l) / — ,20// Contractor AT T S Xpert Elevator Ser ices, Inc. (Nam of Corp ation) CJ By: I 4-41f c toy (Signature) Dean Beckemeyer, President (Corporate Seal) (Print Name and Title) c12� day of > A , 20 I IN THE PRESENCE OF: INSURANCE COMPANY: Developer -s Surety and I mnity Company B Agent and Attorney -in -Fact Lao Address: P.O. Box 18725 (Street) Irvine, CA 92623 (City /State /Zip Code) _ Telephone No.: 949 - 263 -3300 f ,` BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 79 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL l , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that Dean Beckemeyer , who signed the Bond(s) on behalf of the Principal, was then President of said corporation; that I know his /her signature; and his /her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Xpert.Elevator Services, Inc. y . Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI -DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared D. Michael Stevens PP to me well known, who being by me first duly sworn upon oath says that he /she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before J e me thisc�� day of 20 a - My commission expires: Notary Public, State of Florida at Large Bonded by Norwr comhu HAUS Puy # DD828507 �f ^ OF EXPIRES 052012 THR C MPAWY BID NO: 50 -09/10 CITYOF MIAMI BEACH DATE: August 6, 2010 80 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ** *Don A. Lambert Jr., D Michael Stevens, jointly or severally * ** as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed. by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008. B Stephen T. Pate, Senior Vice President : 0 » IXT ' nab 10 a 1936 Charles L. Day, Assistant Secretary s : a State of California ,;r`` © ••,.f. t �k �t; County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of ..,, . + which the person(s) acted, executed the instrument. M ' ' CAiIFOANi'A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ` 4fiArfQE.:Ci�3""` true and correct. WITNESS my hand and offs ial seal. Place Notary Seal Above Signature�"'�� Chr' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the day of Albert Hillebrand, Assistant ecretary ID- 1438(Wet)(Rev.10 /11)