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Home My WebLink AboutQuotation #BJ-QT01-003 ;)00)...- ')l{f 7r . . . ..... LINCOLN MALL FOUNT AINS RENOVATION PROJECT QUOTATION #BJ-QTOI-003 Brad Judd, Property Management Director City of Miami Beach - Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 CITY CLERK QUOTE NO: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 1 ,CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 PROPERTY MANAGEMENT DIVISION Telephone: (305) 673-7000 Facsimile: (305) 673-7650 Ms Marsha Diquez Legacy Pools 6508 Ibis Way Coconut Creek, FL 33073 September 9, 2003 Re: PERFORMANCE BOND - INVITATION TO QUOTATION (IQ) BJ-QTOl-003, LINCOLN MALL FOUNTAINS RENOVATION PROJECT. Dear Ms Diquez, As per our recent conversations, the required performance bond on the Lincoln MaD Fountains Renovation Project will be waived contingent upon the agreement that no progressive payments will be made and that payment in full will be made only upon acceptance of the work by the Property Management Director. Please sign below as your acceptance of this agreement and return an original copy with the signed contract books for our files. Should you have any questions, please contact Viviana Alemany at 305.673.7000 X-2968. Thank you, ~~ e~c;-<- Brad Judd, RP A, FMA, CGC Director, Property Management Division Received by: q-Io- oJ Date B9/B4/2BB3 21:46 19545716838 LEGACV POClLS INC PAGE B1 f' " LEC;A.CY POOLS OF SO~rrH ~'.oRII>A, INC. Fountain & Commercia.l Division TO: City of Miami Beach Attn: Vivianna Date: 10/30/02 Re: Lincoln Road Mall 700 & 1000 Block Fountain Renovations PROPOSAL L-1054 Per your request, 1 offer you the following revision to the original design and proposal to furnish and install material, and construct structures in complete accordance with the specifications listed in this proposal for the sum of .10~.OOO.OO. Any alteration or changes from specification win be executed only upon written orders and will be a charge, over and above this proposal. 6tro81bi$ Way . Coconut Creek, Florida 33073 . (954) 571 -6S81 . (954) 571.6838 Fax . (954)448-3383 Cell '" '. L-1054 INCLUDED: ./ Removal of existing water feature basins and hauling of debris. This does not include removal of existing equipment pit and vault (refer to not included section). ./ Form and build two new water feature basins each approximately 20' in diameter by 22" deep with reinforced concrete. ./ Standard diamond brite for waterproofing of the interior of basins. ./ Standard waterline tile from selection to be given. ./ Pre cast coping in a choice of colors and profiles to be given. ./ Set all fountain equipment listed below in an equipment pit in the planter areas no more than 50' away. ./ Excavate and run intake and discharge lines from the fountains to the equipment pits. ./ Adjustment of all equipment at start up. ./ Will initiate the chemical startup and cleaning. ./ Plans, engineering, and permits. NOT INCLUDED: . Removal or replacement of any landscaping, walkway or paving. . City is responsible for advising Legacy Pools of any existing sewer, electrical, gas, or any and all existing pipes that are in the way of the areas to be excavated. It is not the responsibility of Legacy Pools of South Florida Inc. if any such lines are damaged in these areas. · Electrical. . Fresh water hookup and connection of drain lines to waste. . City must allow adequate access and parking for all construction activities, vehicles and equipment. . Bonds or any necessary fees required to do work for the City of Miami Beach. 2 r " FOUNTAIN EQUIPMENT FOR 1000 BLOCK: 1- LC6 Bronze cascade jet to spray up approximately 8' high. 6- LC3 Bronze cascade jet to spray up approximately 4' high. 12-LC2 Bronze cascade jet to spray up approximately 2' high. 18- Brass risers and valves. 1- 10 hp main feature pump. 1- Intake and discharge manifold. 1- L33 stainless steel main intake screen. 1- LSV sidewall air vent. 20-LSL3 300 watt 120V bronze UL listed underwater light fixture. 2- LSJ UL listed bronze underwater junction boxes. 1- LFS filter system to include sand filter, 3/4 hp filter pump, skimmer, eyeball and vacuum fittings. 1- LCP Fountain control panel to include water level, low water cutoff control and wind control. 1- LOD combination over flow and drain. 1- LBC3 for center jet stubup. 6- LBC15 for peripheral jets stubup 12- LBC75 for outer jets stubup 3- LBN for conduit stubup ') (, (( " ,L 3 " '. FOUNT AIN EQUIPMENT FOR 700 BLOCK 1- LC3 bronze cascade jet to spray up approximately 8'. 16-LA2 aerating jets to spray up approximately 4' and into the middle. 1- Intake and discharge manifold 1- 7.5 hp main feature pump 1- L33 stainless steel intake screen 1- L8V sidewall air vent. 8- L8L3 300 watt 120V UL listed bronze submersible light fixture. 1- L8J bronze UL listed submersible junction box. 1- LF8 filter system to include sand filter, 3/4 hp filter pump, skimmer, eyeball and vacuum fittings. 1- LCP fountain control panel to include water level, low water cutoff control and wind control. 1- LOD combination overflow and drain fitting 2- LBN for conduit stubups. 4 ACORD CERTIFICA TE OF LIABILITY INSURANCE I DATE(MMlDDIYYYY) ,. 08/26/2003 PRODU,~E'" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SOUTHERN STAR INS.AGENCY,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8338 S.W. 8 STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MIAMI, FLORIDA 33144 305-262-2740 INSURERS AFFORDING COVERAGE NAIC# INSURED LEGACY POOLS OF SOUTH FLORIDA INSURER A SCOTSDALE INS CO 6508 IVIS WAY INSURER B COCONUT CREEK FL 33073 INSURER C: INSURER D: I INSURER E: COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OO'L TYPE OF INc"RANCE POLICY NUMBER ~~~~rM~b5~rE PgkW:1~r:6~~?N LIMITS LT, NSRD ~NERAl LIABILITY EACH OCCURRENCE 52,000,000 X COMMERCIAL GENERAL LIABILITY '-RENTED $50,000 I CLAIMS MADE Qg OCCUR ..PB~l.S~E.?js~.Q~Le.r: ,~_ $5,000 MEDEXP{Any one person) A X 1,000 OED CLS0866443 9/13/02 9/13/03 PERSONAL&ADV INJURY $2,000,000 - $2,000,000 - GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APrYI PER: PRODUCTS - COM PlOP AGG $2,000,000 ~ pOLlcyr1 ~~Pr X LOC ~TOMOBILELlABILlTY Mft1 COMBINED SINGLE LIMIT $ ANYAUTO (Ea accident) f-- f-- ALL OVVNED AUTOS BODIL YINJURY $ SCHEDULED AUTOS (Per person) f-- HIRED AUTOS 80DILYINJURY f-- $ NON-OVVNEDAUTOS (Peraccidenl) - - PROPERTY DAMAGE $ (Per accident) ~RAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTOONL Y: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ =1 DEDUCTIBLE $ RETENTION $ $ I v.cSTATU- I IOTH- WORKERS COMPENSATION AND TORYLlMIT~ ER EMPLOYERS' LIABILITY E_L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERJEXECUTlVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE. POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF MIAMI BEACH IS NAMED AS AN ADDITIONAL . INSURED QUOTATIONtlBJ QT01-OO3 CERTIFICATE HOLDER CANCELLATION THE CITY OF MIAMI BEACH PROPERTY MANAGMENT DIVISION 1245 MICHIGAN AVE MIAMI BEACH, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil 30 DAYS WRITTEN ACORD 25 (2001/08) REPRESENTATIVES. AUTHORIZED REPRESE I ACORD... CERTIFICATE OF LIABILITY INSURANCE .. ...1 D"T:/~;~~DIYY) ! ~. - 'Martinez Assurance Co. --. , -THIS CERTIFICATE IS ISSUEDAS-AMATrEROF INFORMATION I New . 4943 SW 75th Ave f ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 'l" . .. . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ADDRESS Miami, FL33155...__ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.. -- Ph # (786) 268-2337 INSURERS AFFORDING COVERAGE ~_.__.__ ______.._.____.. __n___ ____ _________._ I INSURED Legacy Pools Of South Florida INSURER", FIRST COMMERCIAL INSURANCE COMPA 7000 Nw. 35 Th Ave ~' INSURERe, FIRST COMMERCIAL INSURANCE COMPA Miami, FL 33169 INSURERC, INSURER 0: INSURER E: :~ COVERAGES I THE POLICIES OF INSURJlNCE LISTED 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. ENCLUSIONS AND CONDITIONS OF SUCH ,~,!O. ~1~~SC~:F'~~;~~:A~~~S~H~fWN MAY HAVEp~~~~ ~~~~~ED BY PAID CLAI~~~E. __ P~~~"'Am' LIMITS" .~~--..-=... GENERAL L1....81UTV 10 COMMERCIAL GENER....L L1....BILrTV I~ :"'~S~"D: ~.J DCCUR i [ {J I i GEN1. AOGREGIIT! LIMn- APPLIES: PER: t I [J POliCY 0 PROJECT 0 LDC _._~ ' ----t AUTOMOBILE UABIJTY I 000 "N"'UTD CA-114 8/14/03 0 ALL OVNEO AUTOS A ~ SCHEDULED ....urOs: 0 HIRED ....urOS: MlCDIYYl ---- - .,'- ------------,--- EACH OCCURRENCE FIRE D....M...GE (An, OM fWill) MEO [XP (A., olle pClr~oll) PERSONAl.. AOV INJURY GENERAL ....GGREG....TE PRODUCTS - COMP/OP ....GG COMBINED SINGlE LIMIT ,500. 8/14/04 (E~ ~ccidellt) -.-.. BODILY INJURY (Perpflrll'on) C------ ~--- [] [; ....NY....urO : 600II.. Y INJURY I (Per'Jccident) I '18:DND~D"UTDS__ .._~ r~Ll""M.ITY PROPERTY D....M....GE (Per ucidellt) ....uro ONLY- E.... ACCIDENT .~--1 I OTHERTH....N AUTO ONLY: E........CC "GG EXCESS L1ABlITY E....CH OCCURRENCE _J iL ....GGREG....TE OCCUR o CLAIMS M....Df: o DEDUCTIS" o RETENTIDN 'I "'OR.'RSCD"'EN""T1~N"N~ I "+ ~-=-- I ,,,,,. I. i________ .I______ DESCRPTION or OP[RATIONS/LOC....TIONSIVDlCLES/EXCLUSIONS ADDED BY fNOORSEMENT/SPEClAl PROVISIONS 5/23/04 100.000 500.000 E.L.DISEASE -POLICY LIMn" 100.000 POOLS CONTRUCTION CANCELLATION ISHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 'BEFORE THE 'EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY UPO HE INSURER, ITS AGENTS OR REPRESENTATIVES, _ ~--- IVE -- _ .'_ '-;;11.- 1'. ;..~ ~6iMi ;~RPORATI0N1988 CERTIFICATE HOLDER Ii2I AOOTIONALlNSUREO, NSURER LETTER, -------.. THE CITY OF MIAMI BEACH PROPERTY MANAGMENT DIVISION 1245 MICHIGAN AVE MIAMI BEACH FL, 33139 ACORD 25-5 (7/97) ~ *.* * * * * * * * * * * * * * * * * * * DADE COUNTY TAX COLLECTOR 10710 S.W. 211 Street, ROOM 104 MiaMi, Florida 33189 Please keep your receipt for future reference. Thank you and have a nice day. 09/04/2003 2300/211/001LIZSl 0021-0001 Last Seq.":OOOl WI Lic.>>:OO 537701-5 Occupational License $150.00 CK CHANGE $150.00 $0.00 - - - - - - - - - - DADE COUNTY TAX COLLECTOR OCCUPATIONAL LICENSE SECTION 140 W. Flagler St. - 14th Floor MiaMi, Florida 33130 OFFICIAL TEMPORARY RECEIPT 2003-2004 OCCUPATIONAL LICENSE TAX License NUMber:00537701-5 State/CC":CPC145664 Issued to: LEGACY POOLS OF SOUTH FL INC Type of Business: SPECIALTY PLUMBING CONTRACTOR THIS RECEIPT IS ISSUED AS EVIDENCE OF PAYMENT FOR YOUR (OCCUPATIONAL LICENSE OR PERMIT). YOUR LICENSE/PERMIT WILL BE MAILED TO YOU WITHIN 10 DAYS FROM THE VALIDATION IlATE ON THIS RECEIPT. PaYMent Received as Certified Above Dade County Tax Collector - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - \ \ . MIAM!>>Dft iildlII MIAWHd)AQE COUNTY ~ DEPARTMENT OF PLANN1NG AND ZONING ':'f'R~~NfNl' CERTIFl~;A'rf OF J3E C['R7- NO: 2()~)3098222 ":EC:: i 6 TlJit'./ .5:3 RNG:/ 41. r.'F~'O(':E...s'B N'O..~ U2i)03(i163"i~B ~OLiU: 303116010()05() Z~jNf: jU2 /:' r f.~' ;' ~k.-;::" 0 1 .. i. 6" iAl'L1NG ADDRESSiCON7'AC7' J~ERS~~N: 'C0R~ NtIMf'!&!S/A 4NO AUORE'SS: :.-E6;:1(:~)/ po.),-S or S~.ji.J'r.i1 i-! LE6f-1C~/ ;:-;j(.:i.S' (>(' S(),J'r.~1' ('",i_ 6990 Filii 35 ,lIVE I.EC:'/-iC"Y F'O;)L.S or :',O(/TI-I FL ~lAMli ~L 33z47- 6990 HW 35 AlE :'U~)X,r-iE:.3S USE: ;;iARE',i-rc.fjSE.:;.., ()f"FICf {~:J'iL.~'- i GE.' SFtC'l F 1" C.~3:.: P(;(JL C;UrF,.. ii' At.:T(;Fi: uF.F I CE ~:'O.i"l}i7'.!')rlS':: rlt,' /,'TL St-::, OR OU"FSL> ST.jfi~t,/2tiD USER t1'U'.3r c>::nl,,"('t'y" iJi'l rH tJ~fi DR/ /jS;~:.' C.ON-DlT i(iN"-3/ N;~) CHEMICAL S7"ORQAGE -_ E',:,:i..~l L c,.~7: ~;~>~' I l~'I'l ON';' Gfrr{ j~A1L .lNOUBT ~<i ~U_ '31 T ES S'E;.~~' t S55~-T ()f' LOT + & N20F"7' OF LOT -,./~r(f !.>F CU is:3u..(j;'-yCE; 9/ 4[20(;'3 rHJS CEkTIFJCA7"E MUS TBE p _O"S T r: D Oill PR!:."ll SES, :hi'3 CiRT.i:'rIC,~rrE: Of U~7)i is 1/,.'t.tl0'FOR l1N'--I/!"t~,l!ftITE,I) TIM~ I),.t.( ,4S' 1.hj'Di\:.:..~rlEO 'ELu~ PROVIUED THERE ARE NO CHANGES IN THE USE, EUSINf5S NAME OR )~NE~SHIPz ALS(), j'HERE MfIV8E'NO EXf'ANSI0NS,A~TERATIGNS <)R AD~)lri0~S 'TO '"h'E. AP,P/\'Ol/ED U"SE~ ,L;L.L CH,t:'iN'GES l.lS"/"ED, ;t.i(l(}VE' )iZLL REt;.1L1/RE lSS"u/~;i'lC:"E.' !.;r. j~j i[~ CERTiFICATE OF uSE. "HiS CERl'iFic~'rE or USE O()E~ NOT RELiEVE THE AP~LiCANT FR()~ CI)~r'LiA~{;E "ZTfi ANY F'El)fRALi Sl'A7'[, OR L()CAL REGULAj"iONS~ Vt),; ARE ALSO REQliiRfU J"O 4LL(j~ lONING iN~F'ECTi0N8 AI ~~y R~~SOI1AbLE ri~i s( RiF'PESEN74Y'lVES OF HE DE?AR1MEN7'. FUR MORE inFORMATION, PLEASE CO~TACT THE ZONtwG PERNiT iEl;Ti(/N A7' (/86) 315-2666~ iN AOOITl~)N ]'"0 'THE ZONiNG PER~lr SECTION, "iPPLICANT ~UST ALSO CONTACT THE GUlLDING DiPAk7MENT AT '7B6) 315-2100 .'&R GCCllPANCY REQUIRfKfN'fS AND ()CC~/('ATl&NAL LiCf~;fS A7 (305) 270'-4949~ ~/ ...,':/2003 1.3~"O{) 11.'b'~:;7,~il 203090"'1:<)Q34 RBrJ2BZ?';~' C"E,i'lTF;,.:;L 20}.,lt; ~'" .. ---......:.!..---.:.-~,~ . ......u......~"~. <.r.. '-,.... , -. \ \ , I rl ;1 ;~ n '.:11 Ii } tl ~"J ',j ~~ :'1 11 ~.~ ~1 r~ rJ II l'! ~1 l !1 b ~! ri ;"j 1'1 j'\ !~ ~"; " " '! , J J; 81 A 1E OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 DIOUEZ, MARSHA PAOLA LE~ACY POOLS OF SOUTH FLORIDA INC 6508 IBIS WAY COCONUT CREEK FL 33073 ORIMINC IS CBRTI':tlllD under the prov:l.oi~n. of cb.499 ,~. hl>iro:tio" d.~.. AUG 3];, 2004 L03oeo600U7 DETACH HERE ,,..~1"\,89 J1e~4 " A~~ <;t..!ti~."' ',:, , ..-. ;,..,." ~, ':' :. ,',,",l", l,_,"I. ..1"'''$ "",.,,1', .. >:::;,:)::;";',:'"',f:,:.,,';\\. ". 'Jo,;" 'i ....~iE. . ~. " >-'.'0-':" ;, .,.... './;;: ,.; StATE OF F.LORIOA ", . ':~" ":', ":"".. '-'- .-.... .. '"<'" ",.'. - -'-, lh'Jlllli:li~lq':l:'OF'r&P'S'I~.$ ..ANDPROFESSIO_AL REGULATION :,i'."' CONSTRUC'1'ION INDUSTRY LICENSING BOARD SEQ#r..0308Q600147 .~::,.-t~'.'./T'- ; "1 " ;~:";:~;;,;i}.> "~,:.. DI~ cAR.' SECRETARY" . ' ':--:" .',.:' ,- .>~~;~:",: ,:',':': '.{:~'::;': '~imr~fr t.~~t~H FLORI~A 6508 IBIS WAY COCONUT CRBEK FL 33073 ~~.l- -! -'.' '-';:, ,i_ . '. Ie;{ i,!:.-'-,~f '.,:' .... / ',.:;. . ~iAPl AYAs..eEQu',REn FlY I AIM "('.,...' . " LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION #BJ-QTOI-003 Brad Judd, Property Management Director City of Miami Beach - Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTE NO: BJ-QTOI-003 DATE: 07110/03 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH ~ .. 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.n.us Telephone \305\67307000 Facsimile 306 673-7650 QUOTATION NO: BJ-QTOI-003 LINCOLN MALL FOUNTAINS RENOVATION PROJECT Scope of Work: This Project consist of the renovation of the 700 and 1000 block fountains. Proposal will include design- engineering drawings and Construction Permits. Contractor bidding on this project will also present a complete equipment package, installation and construction work pnce. Fountain eauipment for 1000 block: 1- bronze cascade jet to spray up approximately 8' high 6- bronze cascade jet to spray up approximately 4' high 12- bronze cascade jet to spray up approximately 2' high 18 Brass risers and valves 1- 10 hp main feature pump 1- intake and discharge manifold 1- stainless steel main intake screen 1- sidewall air vent 20-300 watt 120 volt bronze UL listed underwater light fixture 2- UL listed bronze underwater junction boxes 1- filter system to include sand filter, % hp filter pump, skimmer, eyeball and vacuum fittings. 1- Fountain control panel to include water level, low water cutoff control and wind control 1- LOD combination over flow and drain 1- Center jet stubup 6- Peripheral jets stubup 12-Outer jets stubup 3- Conduit stubup Fountain equinment for 700 block: One bronze cascade jet to spray up approximately 8' Sixteen aerating jets to spray up approximately 4' and into middle One intake and discharge manifold One 7.5 hp main feature pump One stainless steel intake screen One sidewall air vent Eight 300 watt 120v UL listed bronze submersible light fixture One filter system to include sand filter, % hp filter pump, skimmer, eyeball and vacuum fittings QUOTE NO: BJ-QT01-OO3 CITY OF MIAMI BEACH DATE: 07110/03 2 .. One fountain control panel to include water level, low water cutoff control and wind control One LOD combination over flow and drain fitting Two LBN for conduit stubups Proposal shall also includes: Removal of existing water feature basins and hauling of debris. Demolition of the two existing basins and hauling of debris is included in the scope of work Form and build two new water feature basins each approximately 20' in diameter by 22 in deep with reinforced concrete. Standard diamond brite for waterproofing of the interior of basins Standard waterline tile from selection to be given Pre cast coping in a choice of colors and profiles to be given Set all fountain equipment listed in an equipment pit in the planter areas no more than SO feet away. Excavate and run intake and discharge lines from the fountains to the equipment pits. Adjustment of all equipment at start up Will initiate the chemical startup and cleaning Plans, engineering and permits fee Contractors bidding shall examine site and base his/her proposal on existing field conditions, proposed renovations and conceptual 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 permits no later than August 4, 2003 The successful bidder will be required to furnish Performance Bonds each in the amount of one hundred (100%) percent of the Contract amount. 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, RP A, FMA, CGC Director, Property Management Division QUOTE NO: BJ-QTOI-003 DATE: 07/10/03 CITY OF MIAMI BEACH 3 .. LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION NO: BJ-QTOI-003 1.0 GENERALCONDmONS 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 ofthe 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 shal1 be cause for removal of a 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. AIl 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 ofbid(s). QUOTE NO: BJ-QTOI-003 DATE: 07110/03 CITY OF MIAMI BEACH 4 .. 1.5 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. 1.6 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. 1.7 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. 1.8 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 it deems 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) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Contractors shall formally substantiate and verify that product(s) offered conform 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 OAT A. 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: BJ-QTOI-003 DATE: 07/10/03 CITY OF MIAMI BEACH 5 .. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDmONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in 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. 1.14 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) 1.18 AWARDS: In the best interest of the City of Miami Beach, the City reserves the right to reject all quotes or any portion of any quote they deem necessary for the best interest of the City; to accept any item or group of items unless qualified by the bidder; to acquire additional quantities at prices quoted on the Quotation Form unless additional quantities are not acceptable, in which case the Quote Form must be noted "QUOTE IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this quote shall conform to applicable Florida Statutes. QUOTE NO: BJ-QTOI-003 DATE: 07/10/03 CITY OF MIAMI BEACH 6 .. 1.19 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. 1.20 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at contractor's expense. 1.21 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 ofinadequacies to comply with these requirements shal1 be borne solely by the Contractor responsible for same. QUOTE NO: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 7 .. 1.28 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.29 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. 1.30 AMERICAN WITH DlSABlLmES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at 305.673-7080. 1.31 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. 1.32 (NOT USED) 1.33 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. 1.34 PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: 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: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 8 .. '0 1.36 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 terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.37 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. 1.38 (NOT USED) 1.39 (NOT USED) 1.40 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 AM. to 5:00 P.M. 1.41 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. 1.42 FACILITIES: The City reserves the right to inspect the Contractor's facilities at any time with prior notice. 1.43 BID TABULATIONS: Contractors desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.44 (NOT USED) 1.45 (NOT USED) 1.46 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. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. QUOTE NO: BJ-QT01-OO3 CITY OF MIAMI BEACH DATE: 07/10/03 9 '. 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 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 Property Management Director may require Contractors to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the 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 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. QUOTE NO: BJ-QT01-OO3 CITY OF MIAMI BEACH DATE: 07/10/03 10 " 1.48 DETERMINATION OF AWARD The City shall award the contract to the lowest and best Contractor. In determining 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, judgment, 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.. 1.49 ASSIGNMENT: The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.50 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. 1.51 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. 1.52 SPOT MARKET PURCHASES: 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: BJ-QT01-OO3 DATE: 07110103 CITY OF MIAMI BEACH 11 .. 1.54 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.55 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. 1.56 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 terminated for default. 1.57 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. 1.58 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. 1.59 GRATUmES 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: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 12 .. '. 1.60 SIGNED QUOTE CONSIDERED 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. 1.61 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 VERB ALL Y OR AFTER SAID DEADLINE. 1.62 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. 1.63 PUBLIC ENTITY CRIMES (PEe): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. QUOTE NO: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 13 .. LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION NO: BJ-QTOI-003 2.0 SPECIAL CONDmONS 2.1 PURPOSE: The purpose of this quote is to establish a contract, by means of sealed quotes to a qualified contractor, for the Lincoln Mall Fountains Renovation Project, as specified in the bid documents. . 2.2 MEmOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible and best Contractor who's QUOTE will be most advantageous to the City of Miami Beach. 2.3 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. 2.4 DELIVERY TIME: N/A 2.5 ADDmONSIDELETIONS OF FACILmES: N/A 2.6 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.7 PRE-BID CONFERENCE/SITE INSPECTION: N/A 2.8 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The Contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. QUOTE NO: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 14 " 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 in jury 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 ofinsurance 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. 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: QUOTE NO: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 15 .. "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 from any and all claims arising out of this contractual operation. The Contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof If Contractor does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members ofthe 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: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 16 .. INSURANCE CHECK LIST xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. xxx 2. Comprehensive General Liability (occurrence form), limits ofliability $ 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). xxx 3. Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXXS. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: .00 .00 .00 .00 .00 .00 _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+:VI or better, latest edition. xxx 9. The certificate must state the bid number and title CONTRACTOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance shall be included on the Quotation package. J.. P(;;A('~ .0001....( o.a so.,t't.. :r::~C. Contractor //7?~ P1t....~ Signature of Contrac; - QUOTE NO: BJ-QTOI-003 DATE: 07/10/03 CITY OF MIAMI BEACH 17 .. 2.9 VENDOR APPLICATION: N/A 2.10 CONTACT PERSON: For any additional information regarding the specifications and requirements of this project, contact Brad Judd, Property Management Director at (305) 673-2984. ,2.11 SAMPLES: The Contractor shall provide upon request, a complete and accurate sample of the product(s) which they propose to furnish. 2.12 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. 2.13 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. 2.14 DISCOUNTS (From published price lists): N/A 2.15 ESTIMATED QUANTITIES: N/A 2.16 WARRANTY: The successful Contractor will be required to warranty all work performed. The complete Warranty sbaD be described in detail on the attached Bid Form. The work performed on the Fire Alarm 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: Lincoln Mall Fountains are located at 700 and 1000 blocks on Lincoln Road. QUOTE NO: BJ-QTOI-003 DATE: 07/10/03 CITY OF MIAMI BEACH 18 2.21 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 ofbusiness; 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 Alarm 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. 2.29 LATE QUOTES: At time, date, and place above, quotes will be publicly opened. Any quotes or proposals received after time and date specified shall be retirned to the bidder unopened. The responsibility of 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. 2.30 EXCEPTIONS TO SPECIFICATIONS: N/A 2.31 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. 2.32 MAINTENANCE AGREEMENT: (N/A) 2.33 EQUAL PRODUCT: (N/A) QUOTE NO: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 19 '. 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 performing all the Work contemplated and embraced in the attached Specifications and Proposal, also for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the Work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the Work in accordance with the Plans, Specifications, and Contract. 3.3 Payment and Compensation for Altered Quantities -When Alterations in Plans or quantities of work not requiring 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 of the 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. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. QUOTE NO: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 20 " '. (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 covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Engineer on the current estimate of the month in which work was actually done. 3.5 Omitted Items - The City shall have the right 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 materials furnished by the Contractor under these Specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Engineer, provided the materials, in the judgment of the Engineer, are such as will probably be incorporated in the Work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the Work. Contractor shall provide PARTIAL RELEASE OF LIENS with each Application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the 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: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 21 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 City upon consultation with the Property Management Director, 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 City upon consultation with the Property Management Director, 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 City upon consultation with the Property Management Director, 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 Payment, 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 Payment has been approved by the City upon consultation with the Property Management Director, provided that the Contractor has furnished to the City a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, THE FINAL RELEASE OR LETTER OF APPROVAL OF THE SURETY COMPANY, the FINAL CERTIFICATE OF COMPLETION or FINAL CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL, a LETTER OF FINAL COMPLETION or LETTER OF FINAL ACCEPTANCE from the AlE of record, approved by the City. QUOTE NO: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 22 LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION NO: BJ-QTOI-003 Proposal Page 1 of 2 We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for the Lincoln Mall Fountains Renovation Project in accordance with these specifications. (Scope of Work) LINE ITEM LUMP SUM 1) LINCOLN MALL FOUNTAINS RENOVATION PROJECT GRAND TOTAL: $ l DJ:'" () ()o :,... QUOTE NO: BJ-QTOI-003 DATE: 07/10/03 CITY OF MIAMI BEACH 23 " LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION NO: BJ-QTOI-003 Proposal Page 2 of 2 PAYMENT TERMS: 2%/10 EOM. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDmONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: /)"'/,9/uN..a pI (j)",e? SIGNED: I...tEc;,..,c~ ......OO'-~ (J~ .<0. ,ct.- f,..,c. //?/oHo1A6 j)~lt (I certify that I am auth . ed to execute this proposal and commit the quoting firm) COMPANY NAME: Contractors !!!!!ll acknowledge receipt of addendum (if applicable). Insert Date Amendment No.2: Insert Date Amendment No. 1: NAMElfITLE(Print): ,hU/JNA VJ:t<J-'~L pre- u ~14"'- ADDRESS: ban ~ ...rll.&'.r 1.uA'1' CITY/STATE: Cl>l!DI"1u r Yt:.4 ~ ;t:: ~. ZIP: JJO'7j TELEPHONE NO: Cr.r-t r,,. - th PI' / FACSIMILE NO: 'J.-~-.s-71' (;;'1'3R QUOTE NO: BJ-QT01-OO3 CITY OF MIAMI BEACH DATE: 07/10/03 24 '. LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION NO: BJ-QTOI-003 CHECK LIST To ensure that your quotation is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Quote General Conditions Section 1.2 EquivalentslEqual 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 BidlPerfonnance Bond 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 X References 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: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 25 . , LINCOLN MALL FOUNTAINS RENOVATION PROJECT QUOTATION NO: BJ-QTOI-003 CUSTOMER REFERENCE LISTING Contractor's shall furnish the names, addresses, and telephone numbers of a minimum offour (4) firms or government organizations for which the Contractor is currently furnishing or has furnished, similar sernces. 1) Company Name TO,-/.... 15./0 'T7.,1~,,- (' :r",,(" . Address 5rv,t!,,-.- ~"" Contact Person/Contract Amount Do"L+<-c.J I.:vt,.....,~ C ,;U)(~ 000 .:a... Telephone Number 7?:t- "t'-' - 4c..OI 2) Company Name S '1/Y} ;t) I-;O/) .., ~ t. D;' S . Address (' <::>;' 19 '- .s p /' ,,,. ~.r .t3(... Contact Person/Contract Amount C W-'9D Z. ""'?/..A J' /J-o. 000 Z. Telephone Number q[..y .J ,,/. :l .?.r.J 3) Company Name ~~;?A CA-!.-9 "-Tl) Address Pro """"<..Ju,.,,-,,;)..A..~ rL. Contact Person/Contract Amount l'1,eIL /.( /oq oOt) ~ I Telephone Number erN. 7'- '1- 4n-l 4) Company Name 10~r Co /0 v"o Address D;q VI e. "c; (.. '. Contact Person/Contract Amount C'tCI,; c:... 0 J .,4,; M....:J Sf Z">, 000 ~ Telephone Number ct.c-l '" ") "f 4 l t.( 7 ") QUOTE NO: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 26 , . CONTRACTOR'S OUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualificatioll from award of this bid. Submitted to City of Miami Beach, Florida: By ~eC;AC"" POOl-oS o,a. So. k. :CAe.... Principal Office ~'("C'i( .rlg:r~ <..v~"t "...".yoD;! vr CI"c..e#L.. PI.- '1 "?O -,:; How many years has your organization been in business as a General Contractor under your present business name? .J Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? '1 ~ s State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor I') 'rAre; (B) As a Sub-Contractor I? '1l"Ar r (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner l.rp' DDO ;:::nTC c-YtN1e. Zoo 3 ;:>Ar.....W1 CbVe J/'IJ~/r ~I.... i'oqon.~ ,c1"1F".s. /"OCl(,.S ---9/1 260~ .'" r.rLcJ at:: J..-.vtA /=r:~ rL. 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? /J<} 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? ;']0 QUOTE NO: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 27 . , . If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? c.o_ -.,,,t:>,'- / p or, I,.t::. "Y.r """".1 Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? 1t"l.>CIC.-~ ~.,y (;)'&I'f!.,,~ What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? tt.AJAU.. ,4.rc.A"7r/r: MnK. (;),4 _.~I c.'1 Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. /J IA. . I HEREBY CERTIFY that the above answers are true and correct. 4?/--.k /9~: ''':$ (SEAL) (SEAL) QUOTE NO: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 28 ~ . . . " AGREEMENT THIS AGREEMENT made this ~(~ day of Il~VJ r 20o:!., AD. 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 /...La. ". C ..., ,llOOl-s, oIC ~o. .eL. $...,C. " rui' ..r: ait "'--'.4 '-t COt'! 4:>", u&r c.rc.eK.- tC-t.... J:JO? 1 hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated" LINCOLN MALL FOUNTAINS RENOV A nON PROJECT" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Notice to Contractors, the Proposal, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 The Contractor shall be Substantially Completed with the Work within ninety (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: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 29 . ~ . . . , 3.2 Damages - City and Contractor recognize that the City will suffer direct tinancialloss 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 requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of Two Hundred DoUars ($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 fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Two Hundred DoUars ($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. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. 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: BJ-QT01-OO3 DATE: 07/10/03 CITY OF MIAMI BEACH 30 . ' 8: . , , ~ The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for 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: $ I Dr; ^()() :.- 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. ~,.,L 1.wEc; 4C~ POOl,.S'. Or s;o.A.. (SEAL) Contractor CITY OF MIAMI BEACH i!/Jd;'/p~ Vl~ - May ,. . jP/("r J Ot!'#'?/ Title ATTEST: _~a- rCU~ City Clerk APPROVED MTQ FORM & LANGUAGE & FOR EXECUTION QUOTE NO: BJ-QT01-OO3 DATE: 07110/03 CITY OF MIAMI BEACH 31 1/4171 M.f\. D /... :1- J ?- ~ ~ Date