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RFQ Quot #VA-QT02-003 SECOND REQUEST FOR QUOTATION F1RE SPRINKI,ER SYSTEM INSTALLATION AT THE BYRON CARLYLE TI4EATRE QUOTATION #VA-QT02-003 QUOTATION DUE: FEBRUARY 3, 2003 AT 2:00 P.M. Brad Judd, Prol~rty Management Director City of Miami Beach - Property Management Division 1245 Michigan AvenUe Miami Beach, FL 33139 CITY CLERK QUOTE NO: VA-QT02-003 DATE: 01/13/03 CITY OF MIAMI BEACH 1 'CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 htr p :~ci.miami-beach.fl. u s PROCUREMENT DIVISION Telephone (308) 673-7400 Facsimile (306) 673-7'861 QUOTATION NO: VA-QT02-003 FIRE SPRINKI,ER SYSTEM INSTALLATION AT ~ BYRON CARLYI,~ THEATRE Scope of Work: This Project consists of the installation of a hydraulically calculated automated Fire Sprinkler System complete and ready for operation for the entire building. The work will include the installation of new sectional valves in the sprinkler system feed mains as indicated on the drawings. The system will consist of steel XL piping with cast iron fittings. Fire sprinklers heads in areas with finished ceiling will be chrome quick-response semi-recessed type. All other areas will have brass uptight fire sprinklers heads with applicable temperature ratings. Contractors bidding shall examine site and all current construction documents and base their proposal on existing field conditions, proposed renovations and concepv~l drawings. Failure to do so will not be considered justification for additional charges after contract is awarded. The Contractor awarded this project must be able to pull any/all required pefa-fits no later than February 10, 2003. A Pre-Bid Conference/Visit has been schedule for 10:00 a.m. on January 24, 2003 at Byron Carlyle Theatre located at 500 71~ Street, Miami Beach, and FI 33141. The successful bidder will be required to furnish Perfom~tnce and Payment Bonds each in the amount of one hundred (100%) percent of the Contract amount. Attendance at this Pre- Bid Conference/Visit is highly encouraged and recommended as a valuable source of information, however it is not mandatory. Quotations will be received until 2:00 p.m. on the February 3~ 2003, at the following address: City of Miami Bench Property Mana~=ement Division~ 1245 Miehinan Avenue, Miami Beach~ F! 33139 QUOTE NO: VA.QT02-003 CITY OF MIAMI BEACH DATE: 01113/03 2 "Any quotes received after time and date specified will be returned to the vendor. The responsibility for submitting a quote before the stated time and date is solely and strictly the responsibility of the vendor. Facsimile or e-mail transmissions are acceptable. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence." Any question or clarifications concerning this Quotation shall be submitted in wTiting by facsimile to the Property Management Division, FAX: (305)673-7650. The Quotation title/ number shall be referenced on all correspondence. All questions must be received no later than seven (3) calendar days (February 7, 2003 at 2:00 P.M.) prior to the schedule bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any quotation deemed to be in the best interest of the City of Miami Beach. The City of Miami Beach may reject any and all quotations. Brad A. Judd, RPA, FMA, CGC Director, Property Management Division QUOTE NO: VA-QT02-4)03 CITY OF MIAMI BEACH DATE: 01/13103 3 FIRE SPRINKLER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE QUOTATION NO: VA-QT02-O03 1.0 GENERAL CONDITIONS 1.1 SEALED QUOTATION: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the quotation to be considered for award. All quotations are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed quotation must be submitted in a sealed envelope clearly marked with the Quotation Title to the City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. Facsimile quotations will be accepted. 1.2 EXECUTION OF QUOTE: Quote must contain a manual signature of an authorized representative in the space provided on the Quote Form. Failure to properly sign the quote form shall invalidate same and it shall NOT be considered. All quotes 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 quote conditions and specifications CANNOT be changed or altered in any way. Altered quotes will not be considered. Clarification of the quote submitted shall be in letter form, signed by bidders and attached to the quote. 1.3 NO QUOTE: If not submitting a quote, respond by returning the enclosed quote form questionnaire, and explain the reason. Repeated failure to not quote without sufficient justification shall be cause for removal ofa supplier's name from the quote mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm 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 QUOTE, 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, if made, 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 of bid(s). QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 4 1.6 1.7 1.8 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23. MISTAKES: Contractors submitting quotes 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 Contractor's risk. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this quotation shall be the latest new and current model offered (most current production model at the time of this quote). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the quotation, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 WAIVER OR REJECTION OF QUOTATIONS: The City Commission reserves the right to waive irregularities or technicalities in quotations or to reject all quotations or any part of any quote they deem necessary for the best interest of the City of Miami Beach. 1.10 EQUIVALENTS: If Contractor 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) ofequipmentJsupplies 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. Contractors shall focti-~ly substantiate and verify that product(s) offered confoim with or exceed quality as listed in the specifications. Contractor shall indicate on the quotation form the manufacturer's name and number if quoting 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 QUOTE. NO QUOTES 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 quote in complete compliance with the specifications as listed on the attached form. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 5 1.11 1.12 1.13 1.14 (NOT USED) (NOT USED) NON-CONFORMANCE TO CONTRACT com)moNs: Items may be tested for compliance with specifications. Rem 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 quote and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the contractor. Any violation of these stipulations may also result in: A) Contractor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. SAMPLES: Samples of items, when required, must be furnished free of expense. Contractors 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 contractor's name. Failure of contractor to either deliver required samples or to clearly identify samples may be reason for rejection of the quote. Unless otherwise indicated, samples should be delivered to the Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 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. 1.16 INTERPRETATIONS: Unless otherwise stated in the quotation, any questions concerning conditions and specifications should be submitted in writing to the Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. Fax (305) 673-7650. 1.17 (NOT USED) 1AS AWARDS: In the best interest of the City of Miami Beach, the City 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 bidderg 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 confomi to applicable Florida Statutes. QUOTE NO: VA--QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 6 1.19 1.20 1.21 QUOTE OPENING: Quotes shall be opened and publicly read on the date, time and place specified on the Quote Form. All quotes received after the date, time, and place shall be returned, unopened. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or 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 contractor's expense. 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. 1.22 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.23 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. 1.24 (NOT USED) 1.25 (NOT USED) 1.26 PATENTS & ROYALTIES: The Contractor, 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 contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the quote prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.27 OSHA: The Contractor warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to 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 Contractor responsible for same. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 7 1.28 1.29 1.30 1.31 1.32 1.33 1.34 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. ANTI-DISCRIMINATION: Contractor 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. AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at 305.673-7080. QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items quoted must be new, the latest model, of the best quality, and highest grade workmanship. (NOT USED) LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Contractors 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 quotation award, the successful Contractor 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 Contractor shall be liable for any damages or loss to the City occasioned by negligence of the Contractor (or agent) or any person the Contractor has designated in the completion of the contract as a result of his or her bid. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the quote in the amount specified in Special Conditions. After acceptance of quote, the City will notify the successful Contractor to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.35 DEFAULT: Failure or refusal of a Contractor 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 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 Contractor from the City's vendor list. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113/03 8 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 CANCELLATION: In the event any of the provisions of this quote are violated by the contractor, the Property Management Director shall give written notice to the Contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made for immediate cancellation. The City reserves the right to temfinate 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. BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, Florida 33139. (NOT USED) (NOT USED) 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. Contractors are expected to furnish the brand quoted in their quote once awarded. Any substitute shipments will be returned at the Contractor's expense. FACILITIES: The City reserves the right to inspect the Contractor's facilities at any time with prior notice. BID TABULATIONS: Contractors desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. (NOT USED) (NOT USED) CLARIFICATION AND ADDENDA TO QUOTE SPECIFICATIONS: If any person contemplating submitting a quote under this solicitation is in doubt as to the true meaning of the specifications or other quote documents or any part thereof, the Contractor must submit to the City of Miami Beach Property Management Director at least two (2) calendar days prior to scheduled quote opening, a request for clarification. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 9 All such requests for clarification must be made in waiting and the person submitting the request will be responsible for its timely delivery. Any interpretation of the quote, if made, will be made only by Addendum duly issued by the City of Miami Beach Property Management 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 quotes is required. A copy of such Addendum shall be sent by mail or facsimile to each Contractor 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 Contractor shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Quote Proposal Form. Failure to acknowledge Addendum may deem its quote non-responsive; provided, however, that the City may waive this requirement when 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. 1.47 QUOTE NO: VA-QT02-00;} DATE: 0111310~ DEMONSTRATION OF COMPETENCY: 1) Pre-award inspection of the Contractor's facility may be made prior to the award of contract. Quotes will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this invitation for quote. Contractors must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial 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 of a Contractor, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Contractors to show proof that they have been designated as authorized representatives ora 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 Contractor's Proposal may render the quote non-responsive. 4) The City may, during the period that the Contract between the City and the successful Contractor is in force, review the successful Contractor's record of performance to insure that the Contractor is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Contractor'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 CITY OF MIAMI BEACH 10 1.48 1.49 1.50 1.51 1.52 successful Contractor no longer possesses the financial support, equipment and organization which would have been necessary during the quote evaluation period in order to comply with this demonstration, of competency section. DETERMINATION OF AWARD The City shall award the contract to the lowest and best Contractor. In detemfining the lowest and best Contractor, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the Contractor to perform the Contract. b. Whether the Contractor can perform the Contract within the time specified, without delay or c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the Contractor with laws and ordinances relating to the Contract.. 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. LAWS, PERMITS AND REGULATIONS: The Contractor 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. 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. SPOT MARKET PURCltASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be "Spot Market Purchased" may be purchased by other methods, i.e. Federal, State or local contracts. 1.53 ELIMINATION FROM CONSIDERATION This quote solicitation shall not be awarded to any person or firm which is in arrears to the County upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the County. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 11 1.54 1.55 1.56 1.57 1.58 1.59 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said. COLLUSION Quotes from related parties Where two (2) or more related parties each submit a quote or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Quotes found to be collusive shall be rejected. Bidders or proposers who have been found to have engaged in collusion shall be considered non-responsive, and may be suspended or debarred, and any contract resulting from collusive bidding may be ternfimated for default. DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: · Any agreement resulting from the award of this Quote (if applicable); then Addenda released for this Quotation, with the latest Addendum taking precedence; then The Quotation; then Awardee's Quote. REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the RFP opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. GRATUITIES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this quotation. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 12 1.60 1.61 1.62 1.63 SIGNED QUOTE CONSH)ERED AN OFFER The signed quote shall be considered an offer on the part of the Contractor, which offer shall be deemed accepted upon approval by the City and in case of default on the part of successful Contractor, after such acceptance, the City may procure the items or services from other sources and hold the Contractor responsible for any excess cost occasioned or incurred thereby. Additionally, the City may take such action. QUOTE CLARIFICATION: Any questions or clarifications concerning this Invitation to Quote shall be submitted in writing by mail or facsimile to the Property Management Department, 1245 Michigan Avenue, Miami Beach, FL 33139 FAX: (305) 673-7650, The quote project number shall be referenced on all correspondence. All questions must be received no later than seven (7) 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. TIE QUOTES: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at that time. PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair ora public building or public work, may not submit bids on leases of real propertyto 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. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 13 FIRE SPRINKLER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE QUOTATION NO. VA-QT02-00$ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 SPECIAL CONDITIONS PURPOSE: The purpose of this quote is to establish a contract, by means of sealed quotes to a qualified contractor, for the Fire Sprinkler System installation at the Byron Carlyle Theatre, as specified in the bid documents. METItOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible and best Contractor whose QUOTE will be most advantageous to the City of Miami Beach. PAYMENT: Payment will be made upon final completion of this project. The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon final completion and acceptance. DELIVERY TIME: N/A ADDITIONS/DELETIONS OF FACILITIES: N/A PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A PRE-BID CONFERENCE/SITE INSPECTION: APre-BidConference/SiteVisit hasbeen scheduled for 2:00 P.M. on Januaryl3, 2003, at the Byron Carlyle Theatre, located at 500 71~ Street, Miami Beach, Fl 33141 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. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 14 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. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the contractor in the interest of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. 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 performed in this contract. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 15 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 harmless agreement: "The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and 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 determined by a court of competent jurisdiction. 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 t~om 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 employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fall 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 Contractor does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 16 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 insureds 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. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 17 XXX7. XXX8. XXX9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. 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 Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non:owned/hired automobiles included. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: $ .00 $ .00 $ .00 $ .00 $ .00 $ .00 __ Builders Risk completed value Liquor Liability __ Fire Legal Liability __ Protection and Indemnity __ Employee Dishonesty Bond Other Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the bid number and title CONTRACTOR 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 aft:er bid ~.~t' Falcon Fire Protection, Inc. ~, Contractor QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13103 18 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 VENDOR APPLICATION: N/A CONTACT PERSON: For any additional information regarding the specifications and requirements of this project, contact Brad Judd, Property Management Director at (305) 673-2984 SAMPLES: The Contractor shall provide upon request, a complete and accurate sample of the product(s) which they propose to furnish. BID, PERFORMANCE, AND BUDGET A Bid Bond is not required, however the successful Contractor will be required to furnish Performance and Payment Bonds, each in the amount of one hundred (100%) percent of the Contract amount. LIQUIDATED DAMAGES: The Contractor agrees to pay the City liquidated damages in the amount of $200 per calendar day beyond the ninety (90) day substantial completion date. DISCOUNTS (From published price lists): N/A ESTIMATED QUANTITIES: N/A WARRANTY: The successful Contractor will be required to warranty all work performed. The complete Warranty shall be described in detail on the attached Bid Fosm. The work performed on the Fire Sprinkler Installation will require a minimum warranty of one (1) year. 2.17 PRODUCT/CATALOG INFORMATION: N/A 2.18 REFERENCES (PROVIDE 4 REFERENCES, PLEASE SEE PAGE 25) 2.19 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining 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. 2.20 FACILITY LOCATION: The Byron Carlyle Theatre is located at 500 71't Street, Miami Beach Fl 33141. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 19 2.21 2.29 2.30 2.31 2.32 2.33 CONTRACTOR QUALIFICATIONS: In order for quotes to be considered, Contractors must submit with their quote, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the Contractor: 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 provided Fire Sprinkler Projects similar to the Byron Carlyle Theatre, as specified on the bid form. The evidence will consist of listing of work that has been provided to public and private sector clients, ie. nature of work and number of similar projects completed within the last three (3) years. LATE QUOTES: At time, date, and place above, quotes will be publicly opened. Any quotes or proposals received a~er time and date specified shall be returned to the bidder unopened. The responsibility for submitting a quote before the stated time and date is solely and strictly the responsibility of the proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. EXCEPTIONS TO SPECIFICATIONS: N/A COMPLETE INFORMATION REQUIRED ON QUOTE FORM: All quotes must be submitted on the attached Quote Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Quote 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. MAINTENANCE AGREEMENT: (N/A) EQUAL PRODUCT: (N/A) QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 20 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement of Quantities - All work completed under this Contract shall be measured by the Engineer, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfaces, which will be taken along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Engineer. 3.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for perfoa~fing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence oftbe suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 3.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiting Supplemental Agreements as herein before provided for are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving Supplemental Agreements shall be paid for as stipulated in such agreement. 3.4 Force Account Work - All Extra Work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the Engineer, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to 15 percent oftbe sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security Taxes, Unemployment Insurance, and Workmen's Compensation Insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. Co) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 21 (c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for Extra Work done on a force account basis. The Contractor's representative and the Inspector shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative, one copy being forwarded, respectively, to the Engineer of his authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills coveting the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 3.5 Omitted Items - The City shall have the tight to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Engineer. 3.6 Partial Payments - If the Work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and matetials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or matetial be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the completed Work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 22 final estimate and payment. If the total amount of the retained percentage of the Contract is greatly in excess of the uncompleted portion of the Contract the Engineer may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the Contract and liquidate unsatisfied claims. 3.7 Acceptance and Final Payment - Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the Engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the Engineer, after final inspection as provided herein, shall certify such fact to the Board in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the Board, a Final Estimate showing the value of the Work will be prepared by the Engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the Board, provided that the Contractor has furnished to the Board a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the A/E of record, approved by the City. QUOTE NO: VA-QT02-O03 crrY OF MIAMI BEACH DATE: 01/13/03 23 FIRE SPRINKLER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE QUOTATION NO. VA-QT02-003 Proposal Page 1 of 2, We propose to furnish all labor, machinery, tools, means 'of transportation, supplies, equipment, materials, services necessary for the Fire Sprinkler System Installation at the Byron Carlyle Theatre in accordance with these specifications. (Scope of Work) " LINE ITEM 1) FIRE SPRINKLER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE LUMP SUM GRAND TOTAL: $ 89,750.00 QUOTE NO: VA-QT02-4)03 CITY OF MIAMI BEACH DATE: 01/13/03 24 FIRE SPRINKI.ER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE QUOTATION NO. VA-QT02-003 Proposal Page 2 of 2 PAYMENT TERMS: 2%/10 EOM. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Kathleen M. Weber COMPANY NAME: Fa~on Fire Protection, Inc. SIGNED: ~~t President ( ce i y a amaut orize o execute this proposal and commit the quoting firm) Contractors must acknowledge receipt of addendum (if applicable). Amendment No. 1: Amendment No. 2: Insert Date Insert Date NAME/TITLE(Print): ADDRESS: Kathleen M. Weber, President 8690 NW 58 Street CITY/STATE: Miami FLA Z]~: 33166 TELEPHONE NO: FACSIMILE NO: 305-592-6178 305-592-6140 TO BE QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 25 FIRE SPRINKLER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE QUOTATION NO. VA-QT02-003 CHECK LIST To ensure that your quotation is submitted in conformance with the Contract Documems, please verify that the followin8 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 Quote General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.33 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.34 Special Conditions Section 2.8 Bid/Performance Bond X General Condition Section 1.34 Special Conditions Section 2.12 X Warranty Special Conditions Section 2.16 Product/Catalog Information Special Conditions Section 2.17 References X Special Conditions Page 27 X Bidder Qualifications Special Conditions Section 2.21 Exceptions to Specifications Special Conditions Section 2.30 Contractor's Questionnaire X (Page 28) QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 26 FIRE SPRINKLER SYSTEM INSTALLATION AT THE BYRON CARLYLE THEATRE QUOTATION NO. VA-QT02-003 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar services. 1) Company Name Turner Construction Co. Address 2500 sw 3 Ave., Miami, FL 33129 Contact Person/Contract Amount Ricardo Sanata/$ 500,000.00 2) 3) 4) QUOTE NO: VA-QT02-003 DATE: 01113103 Telephone Number Company Name Address 305-860-8600 Dooley & Mack Constructors 11971NW 37 St.. Coral Sprin~s. FL 33065 Contact Person/Contract Amount Mark Davidson/$22,290.00 Telephone Number Company Name Address 954-345-8288 GCCM, Inc. 7390 SE 116 Terr., Miami, FL 33156 Contact Person/Contract Amount Camran/$435,500.00 Telephone Number 305-253-0044 Company Name Rovel Construction Address 7380 SW 48 St. ~ Miami~ FL 33155 Contact Person/Contract Amount Alex Rodriguez/$57,360.00 Telephone Number 305-661-9211 crrY OF MIAMI BEACH 27 NOTE: CONTRACTOR'S QUESTIONNAIRE Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to City of Miami Beach, Florida: By Falcon Fire Protection~ Inc. Principal Office 8690 NW 58 Street, Miami, FL 33166 How many years has your organization been in business as a General Contractor under your present business name? 20 Years as Fire Sprinkler Contractor. Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State Fire Marshal State of Florida occupational license - state type and number: 04821400011985 Occupational License Dade County certificate of competency - state type and number: 111554-2/30-1115542 City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor -0- (B) As a Sub-Contractor Fire Protection 20 years (C) What contracts has your organization completed? Contract Amt .Class of Work When Completed Name/Address of Owner Coral Gables, FL $110,~00 Fire Sprinkler 2/2000 Barbara Stein - Aetor.q Playhou.qm 280.Miracle Mile $ 34,918 Fire Sprinkler 5/2002 Dade County School Board Glades Middle School 9451 SW 64 St., Miami, FL Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? ~o If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01113103 28 If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financiallY interested or engaged? t~one Give references as to experience, ability, and financial standing See Customer Reference List What equipment do you own that is available for the proposed work and where located? Work truck~q. Indu~qtry tooLq, pipe fahrfeatlon ~qhop 0 ~fiqO MW 58 ,qt~ M~aml, FL What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? Bank of Amer±ca Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. N/A I HEREBY CERTIFY that the above answers are true and correct. Falcon Fire Protection, Inc. (SEAL) (SEAL) QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 29 AGREEMENT THIS AGREEMENT made this L~ day of .~ t~t~20 ~, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and Falcon Fire Protection, Inc. 8690 NW 58 Street Miami, FL 33166 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETIt 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" FIRE SPRINKLER SYSTEM INSTAI J,ATION AT THE BYRON CARLYLE THEATRE" by said City, do hereby mutually agree as follows: 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. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Workwithin ninrty (90 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one- hundred-twenty (120) calendar days after the date when the Contract Time commences to run. QUOTE NO: VA-QT02-003 CITY OF MIAMI BEACH DATE: 01/13/03 30 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No. 1, if awarded by City) plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiting any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two tlundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fall to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of Owner's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 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. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 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. QUOTE NO: VA-QT02-O03 CITY OF MIAMI BEACH DATE: 01/13/03 31 10. 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. 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. 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: $ 89,750. oo 11. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. Falcon Fire Protection Inc .(SEAL) Contractor (Authorized Corporate Officer) BEACH Kathleen M. Weber, President Title QUOTE NO: VA-QT02-003 DATE: 01/13/03 ATTEST: City Clerk CITY OF MIAMI BEACH 32 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION STATE OF FLOI'HI)A OFFICE OF TREASUI~,I£R DEPARTMENT OF INSURANCE TALLAHASSEE, FLORIDA STATE FIRE MARSHAL CERTIFICATE OF COMPETENCY TI IlS CI..'R'I'IFII'Lq TI IAT: LUIS E CARRL:RAS 8690 NW 58 ST MIAMI. FL 33166- BUSINI-L~L~; ORGANIZATION: FALCON FIRE PROTECTION INC CONTRACTOR II PS LIMITED TO THE EXECUTION OF CONTRACFS REQUIRING TIlE ABILITY TO LAYOUT, FABRICATE. INSTALL. INSPECT, ALTER. OR SERVICE WATER SPRINKLER SYSTEMS, WATER SPRAY SYSTEMS, FOAM-WATER SPRINKLER SYSTEMS, FOAM-WATER SPRAY SYSTEMS, STANDPIPES, COMBINATION STANDPIPES AND SPRINKLER RISERS, EXCLUDING PRE-ENGINEERED SYSTEMS. Isle D~c I Typ~ IClassl County 04821400011985 License/Permit Number Insurlnce Corn missioner Fire Mlnhl! 1034780001 250.00 10613012004I Application # Taxes & Fees { Expis~ Dale I STATE OF FLORIDA DIVISION OF STATE FIRE MARSHAL REGULATORY LICENSING SECTION TALLAHASSEE, FLORIDA GENERAL LICENSE INFORMATION Important: Review all information on your license/permit. Notify the Regulatory Licensing Section imm?diately if there are any errors on the license. Within 10 days of the changing of a business address, home address, mailing address, or physical location, you are required to notify the Regulatory Licensing Section of the change. If your license4'permil is lost, stolen or destroyed, notify the Regulatory Licensing Section immediately, in writing. Change of address, lost, stolen or destroyed licenses or pemfit require replacement. Upon receipt of notification you will be invoiced for replacement fees. DIREC'~F INQUIRIES TO: Division of State Fire Marshal Regulatory Licensing Section 21}0 East Gaines Street Tallahassee, Fi, 32399-0342 Phone (850}413-3623 MIAMI-DADE COUNTY TAX COLLECTOR 140 W. FLAGLER ST, 14th FLOOR MIAMI, FL 33130 2002 OCCUPATIONAL LICENSE TAX 2003 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30, 2003 MUb~T BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 111554-2 DUSINE~ NAME I LOCA~ON FALCON FIRE PROTECTION INC 8690 NW 58 ST 33166 UNIN DADE COUNTY RENEWAL MCENSENO. 111554-2 C C # 482140185 OWNER FALCON FIRE PROTECTION INC ~c. Type of Business 196 SPECIALTY MECHANICAL CONTRCTR t~ws oF HE COtenW O. DO NOT FORWARD ,xa.~ ,,,E uc~.s~ FALCCN FIRE PROTECTION INC o.,~..~.~,.~.Y P O BOX 521073 c....c*.~, oF .~ ,~IAMI FL 23152 09/17/Z002 0O2O00O0290 000075.00 SEE OTHER SIDE HORKERS 10 RRST-CLASS U~ POSTAGE PAID ML~ML FL PERMIT NO. 2~1 UCENSE NO. 30-1115542 CC NO: 482140185 IS HEREBY UCENSED TO DO ....... BUSINESS NAME ! LOCATION BUSINESS AS A CONTRACTOR FALCON FIRE PROTECTION INC AS SPEClRED HEREON. 8690 ,.NH 58 ST OWNER .FALCON FIRE PROTECTION INC INOT-VALID IN: AVENTURA, HIALEAH, KEY BISCAYNE, PINECREST &.SUNNY ISLES 09/17/2ooz 00200000Z91 000175.00 SPECIALTY MECHANICAL CONTRCTR DO NOT FORWARD FALCON FIRE PROTECTION INC P 0 BOX 521073 MIAMI FL 33152 PERFORMANCE BOND (This bond me,ts and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA ) ss COUNTY OF ) Bond No. 103873871 KNOW ALLMEN BY THESE PRESENTS that we, Falcon Fire Protection, Inc. as Principal, hereinafter called Contractor, and Travelers Casualt~y and Surety Company of ,, as Surety, are firmly bound'unto the City of Miami in the'Penal sum of.E.ighty Nine Thousand~,,S~ev~en America Beach, Florida, as Obligee, hereinafter called the:City, · .. . . .~_: ' . ~;. -. 0u/,uu Dollars ($ 89,750. oo ), for the payment of which sum well aha truly to bc made, we reno ourselves, our heirs, executors, admirdstrators, successors and assigns, jointly and severally, firmly by ~ese presents. ~ WHEREAS, Contractor; on the /4 day of ~/~, 20.0~, entered into a certain contract with'the City, hereto attached, for YA-QT02-003, Entitled," F/RE SPRINKLER SYSTEM' :INSTALLATION AT TItE BYRON' CARLYI.I~. THEATRE "which Contract is mad~ arparther~ofby r~fer~ne~ thereto. NOW, T{I~IllgleORE, THE, CONDITION OF TBI~'OBLIGATION IS.SUCH, that~ if the COntractor shall well and truly perform and fulfdl-all the undertakings, covenants, terms, conditions and ag~oements of said Contract,. and all duly authorized'modifications of said Contract that may hereat~er be made, notice of which modifications'to the Surety being h~eby waived, then this Obligation .shall be void; otherwise to remain ia full force and effect. WHENEVER the Principal shall be.and is declared by tho City to be.in default under the Contract, or whenever the Contract has been terminated by default of the Contraetor~ the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Contract in accordance .with its terms and conditions, or at the City's sole option. Obtain a Bid or Bids for .submission to. the City for completing the Contraa in ac~0rdance with its:terms and conditions, and upon determination by the City and the Suretyofth¢ lowest responsible Bidder, arranse for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts oF completion arranged under this.paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price;, but not excecdin& 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 Contra~t.pri~~. as used in this paratp'aph, shall mean the. totalamount payable by the City.to the Contractor. under the Contract and .any amendments thereto,, less the. amount properly paid by the. City to the Con~a~tor. QUOTE NO: vA.Q'r02-003 CIT~ OF-MIAMI BEACH DATE: 01/13/03 33 No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein or the successors or assignees thereof. The Surety shall and does hereby agree to indemnify the City and hold it harmless o~ from and asainst any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architecturat fees or other professional services which the Cit~ may incur or which may.accrue or be imposed upon it by reason of any negligence, d~faulL act ~d/or omission on the part of the Contractor, a~y Subcontractor and co.ntra toes or Subcontractors agents, s~x, ants and/or employees, in; about or on account of the Construction o~the work and performance of said Contra~t by the' Contractor. - This Bond shall remain in full:force and effe~ for such l~'iod or p~iods'oftime after the date of acceptance of the proj~t by the City as are provided for in the Contract Documents, md the ConWactor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furniSked a~o~i_ng to the terms of the Contra~t Documents. Ifno.specific periods ofw~anty ar~ stated inthe Contrs~t'Documents for " ' · theContra~or hereby gusmutees the same for a any particularitem ofw~rk, material or equ~pm~t, minimum:period of°ne (:1) year from the date of final :aCceptance by the City of the-entire project Any suit on this bond must bc instituted'within such p~iod or periods as may be provided by law. QI,~OTE'NO~ V~;OT02.'003 DATE~ 01113/03 crr¥ 34 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 26th day of'_ February .20 03 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) FALCON FIRE PROTECTION, INC. (Corpora ame) Attes~ ~'~~~~--~ COUNTERSIGNED BY RESIDENT FLORIDA' AGENT OF SURETY: (cOpy or, gent s.current License as .issued 'by, State of. lqorida Insurance CommissiOner William L. Parker By: (CORPORATE. SEAL) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA A~orney-ln-fa~t William L. Parker ! (Power of Attorney must be attached) QUOTE NO: VA.QT02.003 DA'FEz 01113/03 crrY OF.ML~M.!~BF, AC~ 35 CERTIFICATES AS TO CORPORATE PRINCIPAL I, J_o[s. ~wrl~r'tLi j certify that I am thc Secretary of the Corporation named as Principal inthe foregoing bond; that ff-~-4~ff~ ~ Lt~/~.F who signed the said b°nd onbehaifofthePrinoipal, was then D~7-~i ~O~' ofsaid Corporation; that I know his signature, andhis signature hereto is genuine; and that said bond was duly signed~ and attested for and in. behalf of said Corporation by authority of its governing b~ ~ ~ COrporate As.eL- i t seal STATE OF FLORIDA ) COUN3~ OF ) H±ami-Dade Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared William L. Par,k, er 'tO me we~ knowr~ who being by mefirst duly sworn upon oath, says that Travelers Casualty and Suret~yd that he has been authorized by he is the Attomey-in-Fact~ for the' ~nmpnny of A~'~ em Travelers Ca~su. al~y and Surety Company . ~ · or ~mer mca tO execute the ~oregomg bond on beh~f of the Contractor named therein Ln favor of the City of Miami Beach, Florida. Subscribed and sworn bffore me this 26th day.of February ,2003~ A.D. QUOTE NO: VA-QT02~003 .DAT]~: 01/13103 CITY OF MIAMI.BEAC~ 36 Bond No. 103873871 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, Falcon Fire Protection, Inc. , as Principal, and Travelers Casualty and Surety Company as corporation, as Surety, are bound to the Citv oi~Miami Beach, of America Eighty Wine Thousand Seven ~{undred Florida, as obligee, herein called City, in the sum orS Fifty and 00/100 forthe payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF-T~S BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying Principal with labor, materials, or supplies, used directly or indire~ly by Principal in the prose~'ution oft. he work provided for in-the contract; and Pays City all losses, damages, expenses, costs; and attorney'S fees, including appel!ateproceedinss, that the City sustsins in enforcement ofthis bond. Performs the gum~te~ of all labor and materials furnished under the contract for the time specified in thc contract, then this bond is void, otherwise it remains in full force. 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, ' The provisions of Section 255.05, Fla. Stat., are.specificai!y adopted by reference and made a part here0ffor thepurposes specified therein. The contract dated ~ betweenthe City and' Principal is made a part of this·Bond by reference.' claimants are advised that Section 255.05; Fla.' Stat,, contains notice and time limitation provisions- Which must be strictly comPlied with. QUOTE NO: VA-QT02-00~ · DATE: 01113/03 CITY OF MIAMI BEACH 37 13/WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the26th day of February , 20 03 WITNESS: PRINCIPAL: (If sole Proprietor or partnersMp) (Firm'Name) BY Title: (Sole'Proprietor or Partner) PRINCIPAL (If'Corporation) COUNTERSIGNED BY RESIDENT FLORIDA AGENT ~r~ SURETY: ~,~ ~ssued' by State of Florida Insurance Commissioner William L. Parker QUOT~ NO: VA.QT02-003 DATEz'01/13/03 ByL, Falcon Fire Protection, Inc. (Corpo. r~ Name) Attes~ ~ ~ (CORPORATE SEAL) SURETY: Travelers Casualty and Surety Company of America William L. Parker (Power.of Attorney must be attached) C-3~Y OF MIAMI BEACIi CERTIFICATES AS TO CORPORATE PRINCIPAL I, J-vi $ ff-4~fre ~a. $ ~ certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that ~/~'~/a-~ /~t~e-I~ who signed ~he said bond on behalf of the Principal, was then ?Ct 5 [~ of said Corporation; that I' know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority' of it~ ~orporate Seal STATE-OF FLORIDA ) COUNTY OF ) M-[ ami-Dade Before me, aNotatyPublic, duly c~mmissionect, qualified and a~g, personally appeared William L. Parker to me well known, whobeingbymefn'stdulyswomuponoath, says Travelers Casualty and Surety Company that he is the Attorney in Fact, for the of America and that he has been Travelers Casualty and Surety Company to execute the foregoing bond on be;half of the authorized by_ of ~Am. erica Contra6'tor named therein in favor of the City of Miami Beach, Florida. Subscfibed and sworn before me ~Jais 26th dayof February .,2003 A.D. (Attach Power of AttorneY) ~./~-'~ ~ ~ Notary/r~on~ - St ate~ Flontta-at-Large My commission Expires '~ ~o. QUOTE NO: VA-QT02~003 CITY OF MIAMIBEACH DATEr 01113/03 39 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint Joe Pietrangelo, Kaaren Reagan, William L. Parker or Olga O. Rogue * * of, Coral Gables, FL, its true and lawful Attomey(s)-in-Fact, with t~ull power and authority hereby conferred to sign, execute and acknowledge, at any place within the United State~ or, if the following line be filled in, within the area there designated , the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other wdtings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, thereby es fully and to the same extent as if the same were signed by the duly authorized officers of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company, which Resolutions are now in full force and effect: VOTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, ,Any Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Assistant Secretaries, Attorneys-in- Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other wdtings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the Chairman, the Vice Chairman, the President, an Executive Vice President, a Group Executive, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President, and duly attested and sealed with the Company's seal by a Secretary or A~;sistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attomey and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Group Executive, Any Senior Vice President, Any Vice President, An~ Assistant Vice president, Any Secretary, Any Assistant Secretary, and the seal of the Company may be affixed by'facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice. Presidents, Resident Assistant Secretaries or Attomeys-~in-'Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (over) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA has caused this instrument to be signed by its Senior Vice President-, and its corporate seal to be hereto affixed this 1st day of July, 1997. STATE OF CONNECTICUT COUNTY OF HARTFORD }ss. Ha~ TRAVELERS CASUALTY AND SURE~y COMPANY OF AMERICA George W. Thompson Senior Vice President On this 1st day of July, 1997, before me pemonally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/~he is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in fome. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 26th day of February , l~x 2003 By: dP' . ' ' Rose Gonsoulin Assistant Secretary $'2435 (7-95) FLORIDA DEPARTMENT OF INSURANCE ~LLIA/4 L PA~KER Lic.t 4§T43283S IS LICENSED TO TRANSACT THE ~ CLASSES OF INSURANCe: . & Cas. Ins. I :ative A200601 SIGNATURE Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. D,. CERTIFICATE O FMABIEI INS U PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Incof Florida ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1001 Brickell Bay Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 1100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami FL 33131 COMPANIES AFFORDING COVERAGE COMPANY Hartford Fire Insurance Co. PHONE - (305) 372-9950 FAX - (305) 372-1455 A INSURED COMPANY Twin City Fire Insurance Company FALCON FIRE PROTECTION, INC. B P. O. Box 521073 COMPANY Miami FL 331660000 USA C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE ~OLICY EXPIRATIO~ LIMITS CO LT$ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDfWY) DATE (MMfDDfY~) B GENERAL UABILITY 21CQT0654 04/01/02 04/01/03 GENERAL AGGREGATE $2:000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $2,000,000 X COMMERCIAL GENERAL LIABILITY ~ i CLAIMS MADE I~ OCCUR PERSONAL & ADV INJURY $2,000,000 EACH OCCURRENCE $1,000,000 OWNER'S&CONTRACTOR'S PROT m FIRE DAMAGE(Any one fire) $300,000 MED EXP (Any one Derson) $10,000 A AUTOMOBILE LIABIMTY 21UENQT0655 04/01/02 04/01103 COMBINED SINGLE LIMIT $1,000,000 .US,.ESSAUTOCOVEmE ~ ALL OWNED AUTOS BODILY INJURY ~ ( Per pemon) SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY ~ NON-OWNED AUTOS ~ (Per accident) ~ pPT*$1000 Co~¢) Ded. PROPERTY DAMAGE GARAGE LIABILITY e~iTO ONLY - EA ACCIDENT m ANY AUTO ITHER THAN AUTO ONLY: ~ EACH ACCIDENT ~ AGGREGAT ' EXCESS UAI~LITY EACH OCCURRENCE ..~ UMBRELL~ FORM AGGREGATE OTHER THAN UMBRELLA FORM WC STATU- EMPLOYERR' LIABILITY FLORIDA WORKERS COMP .~ -F.~H ~ D~, ~, $1,000,C00 THE PROPRIETOR/ r~l INCL EL DISEASE-POLICY LIMIT $1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-FA EMPLOYEE $1,000,000 DE~CRIP33ON OF OPERATION~/LOCATIONSNEHICLES/SPEClAL ITEMS RE: VAIQT02-003, Fire Sprinkler System Installation at The Byron Carlyle Theater. Contractual Liability is included as respects insured's operations and subject to the policy terms, conditions & exclusions. City of Miam{ Beach is named as an ~a{tional Insured excluding Workers' Compensation and Employers' Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE The City of Miami Beach EXPIRATK:)N DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVORTO MAIL Property Management Division 3O DAYS VVRrlI~EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 1245 Michigan Avenue BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Miami Beach FL33139USA OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~--'~'" ~ Certificate No: 570005358890 Holder Identifier: Attachnlent to ACORD Certificate for FALCON FIRE PROTECTION, INC. The ~rms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. ;OMPANY INSURED FALCON FIRE PROTECTION, INC. P. O. Box 521073 Miami FL 331660000 USA COMPANY COMPANY COMPANY COMPANY Ifa policy below does not include limit information, refer to the corresponding policy on the ACORD ADDITIONAL POLICIES certificate form for policy limits. POLICY POLICY POLICY NUMBER EFFECTIVE EXPIRATION LIMITS CO TYPE OF INSURANCE LTR POLICY DESCRIPTION DATE DATE AUTOMOBILE LIABILITY [] All Others-$2500Coll [Z] AIl Others4;2500Comp DESCRIPTION OFOPERA~ONS&OCA~ONSNEHICLES/SPEC~LITEMS as required by written contract but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions. The policies certified hereon are primary & non-contributory to other insurance available to The City of Miami Beach but only to the extent required by written contract with the insured, and always subject to the policy terms, conditions and exclusions. Waiver of Subrogation is granted in favor of The City of Miami Beach as required by written contract but limited to the operations of the Insured under said contract, and always subject to the policy terms, conditions and exclusions. Cancellation provision shown is subject to shorter time periods depending on the jurisdiction of, and reason for, the cancellation. Certificate No: 570005358890