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Bid 17-99/00 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ULTIMATE POOLS, INC. FOR RESURFACING OF SCOTT RAKOW YOUTH CENTER POOL BID NO. 17-99/00 City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Bid No. 17-99/00 CITY CLERK III J ii' , AGREEMENT THIS AGREEMENT made this day of 1999, A.D. bt:tween 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 Ultimate Pools, Inc. 4450 SW 61 Avenue, Bay 8 Davie, FL 33314 Telephone (954) 797-6246 Facsimile (954) 797-2952 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 "Bid No. 17-99/00 Resurfacing of Scott Rakow Youth Center Pool " 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. Ndther 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 I;::onflicts 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 complete in a good and workmanlike manner the materials hereinbefore referred to, strictly in accord herewith within thirty (30) calendar days, 4. The City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3 above plus any extensions as may have been granted by the City. 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 Bid No. 17-99/00 essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay Owner as liquidated damages for delay (but not as a penalty) the amount of One- hundred Dollars ($100,00) for each calendar day that expires after the Contract Time specified in paragraph 3 above for Final Completion. 5. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, 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. 6. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 7. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 8. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the form as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the State of Florida. 9, The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 10. All documents shall be executed satisfactorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 11. 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: $62,350.00 Bid No. 17-99/00 12. 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, lLL-{!nw- *-,PcY::(C; '~~~L) Contractor CITY OF MIAMI BEACH B~~/'l1. ( uthorized Corpo ate Officer) By j/tt ,(kX0lcJE. In ~na1f) 1~(rS;d(Jl+ Title . 1t: ~ . ruM r (U[l~ City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUnON df-e 4flIi.Jj Bid No. 17-99/00 RESURfACING THE SCOlT RAKOW YOUTH CENTER POOL Bid No. 17-99/00 Bid Proposal Pice 1 or I TOTAL JOB COST: S~50.00 / PA Y~IENT TERMS: 20/0110 EOM. If other, specify here ANY LEITERS, A IT ACHMENTS, OR ADDITIONAL fNFORlv1A TION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED fN DUPLICATE. SUBMIITED BY: ZACK C. TANNER COMP A1',JY NAlYfE: ULTIMATE POOLS, INC. 2::CW-{~~ (I certify that I am authorized to execute this proposal and commit the bidding firm) SIGNED: NAtvIE/TITLE(Print): ZACK C. TANNER VICE PRESIDENT ADDRESS: 4450 SW 61 AVENUE BAY 8 CITY 1ST A TE: DAVIE, FLORIDA ZIP: 33314 TELEPHONE NO: (954) 797-6246 FACSThIILE NO: (954) 797-2952 Bidders .!IlY.S.! sign below to acknowledge receipt of addendum (if necessary). Amendment No.1: Amendment No.2: Bid No: 17-99/00 Date: 911 7/99 CITY OF MIAMI BEACH 20 INSURANCE CHECK LIST xxx I. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. xxx 2. Comprehensive General Liability (occurrence fonn), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises! Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability - $1,000,000 each occurrence - owned/non-ownedlhired automobiles included. _ 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. xxx 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+:VI or better, latest edition. xxx 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within ~. ~ays a.. fier bid opening. ~ ____ -rvfl elL) -;'I / - ) UH-l(\,cth ~-t)ues TrL (/AJ~ LuL---- Bidder I Signature of Bidder Note: We carry $300,000.00 in business auto (please see attached certificate of insurance listing~all of our current coverages.) Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 15 riLE I~o. 307 10/05 '99 16:29 ID:IN~E BY K8'l BRO",N 14076480197 p~~ 1 A CORa. CERTIFICATE OF LIABILITY INSURANC~~~2 THI fRTI' M/I TT!!Jt ,. H lUll. OHLY AND CONn... NO "JOHn UPON Ti'l1! CI!IImI'lCATI HOl.OeR. nils CBmFICAT!! DOfS HOT "IIENO, EXTEND OR ALTIR lHII COVIIU.GI ""OltDlD IV THE POLICes IILOW. 1'f\O(Xj~ IllltU.co4flCliI By K-.n Brown, Ino. P.O. lfcJI: 5405tiP 1339 ~'l.ill~tcn Btr..t orlando lL 32805 Phone: 407-949-0490 Fax:407-548-0197 INSURERI AJlFOROINO COWIUOI ~a!~.~t.6r~1~VI~~ite 7 ~ 8 naVla, n. 33314 ..... A:. ~1IIII8: ~Cl ~1IIJl D< Me%"iayc. In. C Kiohi an Mutu~l lrua. Ccm an IlllklMO COVERAGES Tlil ~...CI" O~ III&UIlNlCI Lltno .,\.0lOI M\II! .I~ ItlUC TO 'ntIIHIlIIUClICAlllO AIIOYC I'Ofl 'ntl I"OUO'l' ,..~ IllOIOA "tr0l. IOOTWl1l1elNllllHO #IN n&:l~M;lItH'T, TOIl 011 CONllmOft or ,."., COWTIlAOT C" Ontall llOQ.JII11IT WfTH ""'lOT TO WlCH n.1 aDn1I'lCA n: lU Y IIIE ~I D 011 lU'I' "~"AlH. 1'),' INtUlVoHCIA"OMllC Il' 'nt. P't'UClU oacIfIIHID HCMlN II aua..ccT TO AI.I. nc tlJud, CllCUIIIOf.I jH;/ COI<DmONS 01' .~ I'OI.ICIU. AOI)~ n: ~.'TI IHOWN IlIAY ItA ~ IKtIIIlIXlUCtl) Il' 'AlD~"" nO<( 0' '"IUPlAHCI I'OUC'I'llUDIII ~Ml LAlIlUrY A "Xl CON..I""UO...IJW.U....UTY CPP125515"7 ~ ~ :~ rlUlllUDI L.~I OCCllII , r- ~"ADOIIUI,An I..AIIT _""'u N >--. I'"AO- IllOC AuTOIIOA'Lf L1UIJTY A ~XI~~::= ^ HIRIO.wTO. _~.: NON.OWNiD AUTO' UlIlTl UCJo,,1Cl:UUfllCf 11, oeo / 000 ~ M"~~11.Nrt Nt A"'!~ 000 _..eo ~ IAnr en. P*"GI'I l!.!, 000 ~IItlOl/AL' ADYIloU;~ . 1,000 , 000 . Gf!f/'IU~AOO~JQAT1 1'1,000/000 ~oucn_.COtI~~jl~, 000 LOOO ---_._... c.\12~5156 01/111/99 I COW:l~'''J Il.c.u: u...r 0:/19100 ;~'_~~~~ I 50011 ~ !IIJU~ j \.....~...J I ! iCCll. 'I' INJUilY ',Pwa<>::t_,1 11300,000 I I : . ~R:JPiI\T'f DAlMCJ& ;~'" ill:Cl1lfr.l! I ' I I' 1.~uE .'AIlIUTV ~I 'NY AU10 unEJII TIIAH Aura ON.." AUrt:l ON. Y . tA AOOCltHT . ~ACC . ...00 . I , a . E.::~' UAII1L'TY ---; ~ r-: C-.oJIol:lM"'X ~ 1---..,; I- I CfOUCTlaU '--' ! I R'Tl~nu.~ u. OH DCO.JR II fJ/~ I AOORUATt :- WOfIJ( IllS COli Pl!t.1J. TlOH ANO !I e 1oIi>LDY t A:r UMfUTY I WC1316220 ! Ol/Ol/gg iX' - 01/01/00 t L ~AC""coovn '.5_ 500 , oeo ~USI!'U~'LOY!ll' 500,000 ~ L tlUAY.I'OUCY ."IT, , SOO I 000 ___ I I I I O~PTlOloi OF Ofl"'-'''ON&I\.OCA"T1~Cu:&IEllCU:E~ AllCfll IV JHClOf'UIlIUlflll'lC1AI. ~Oil\elOHI lUll I jO~~ , ! ---1 GFRilflCA TE HOLDER N AD Dfllo:ltoAL .sillED; :HIll UIll iTTiJl: CAHCELLA nON City t)'! KiUli ~aeh 1700 Convention C.nte~ Dr. K~I:UIl:1., !'to 331:3 9 HIAMIU IIOUlP ANY OF TlCI A80Vi llUc;lIIJ.:) PeUCIU ali CMCiLLliD 8lif01I1 nil fXPIMllClel DATI TWIJUiOf, THi I"UlNCi IN.IIMII N1~~ iNOUYOfil TO IlA.l. 10 DAVl ~ HOTlCl"O Tli' ClilmflCATi ~Ulf" N"~Ell TO THl UiFT. IUT fAUJI\5 TO 00 IO.HJ.U ;1Il1'OaE NO Ot\.lCl.lo TlGN 011 UA.nY 01' f>NY I<JHO uPON 'I'MI! 1N1U1t1.ll, lTI...c:.o.n OR IU;~_TA n'o'lilL ACORD 25-5 (TilT) . ACORO CORPORATION 1M "' CUSTOMER REFERENCE LISTING Contractor's shall furnish the naJ11CS, addresses, and telephone. numbers ofa minimum of four (4) firms or government organizatiom for which the Contractor is currently furnishing or has fumishetL similar services. 1) Company Name Address / Contact Person Telephone Number Scope of Work 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number Scope of Work 4) Company Name Address Contact Person Telephone Number Scope of Work Bid No: 17-99/00 Date: 9/17/99 City of Ft. Lauderdal Swimming Hall of Fame 501 Seabreeze Boulevard Fort Lauderdale, Florida 33316 Mark Voit or Stu Marvin 954-486-1580 15,000 sq.ft. pool Aqua Plex 1987 City of Davie 6591 SW 45 Street Davie, Florida 33314 Peter Spagnola 954-797-1015 City of St. Cloud 3001 17th Street st. Cloud, Florida 34769 Ms. Chris Lyle 407-957-7244 6,000 sq ft pool Aqua Plex 1996 City of Orlando 400 South Orange Avenue Orlando, Florida 32801 Robert Burrows 407-246-2649 Several pools totaling 25,000 sq ft Aqua Plex over the last 5 years CITI' OF MIAMI BEACH 28 THE AMERICAN INSTITUTE OF ARCHITECTS I ^/^ Document 1U10 'Bid Bond KNOW ALL MEN BY THESE PRESENTS, th~t we Ultimate Pools, Inc. CH.,. insert h,ll MM. ~ AcId'nJ 0' "pllhl. 01 ContrActo,) 4450 S.W. 61st Avenue, Unit #8, Davie, FL 33314 as Principal, hereinafter called the Principal, and Preferred National Insurance Company 210 University Dr., Suite 900, Coral Springs, FL 33071 a corporation duly organized under the laws of the State of Florida as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach IH.,. inse'lllIlI N_ And Acid, hI 0' I.pllille 01 oWner) 1700 Convention Center Drive, Miami Beach, FL 33139 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid------- (He,e insert "'II N_ ~ Add,hl or lepl,lille 01 SlIrtly) -----------------------------------------------------------Dollars (r----- 5 %------ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Resurfacing of the Scott Rakow Youth Center Pool/Bid #17-99/00 /He,e inlCn 11111 oume, Acldreu ~ dclCriplion 01 projcct) I NOW, THEREFORE, if the Oblilft: sNII accept the bid of the Princip.1 and the Princip.l sNII enter into a Contrilct with the Obli'ft: in accordance with the terms of such bid, and live such bond or bonds as may be specified in the bidding or Contract Documents with ,ood and sufficient surety for the faithful performance of such Contract and for the prompt p.ayment of ~bor and ~tcrial fumished in the pro$CCution thereof, or in the ~nl of tM f.ailure of the Princip.1 to enler such Contract and live such bond or bonds, If the Princip.l shall p.y to the Oblilee the diHerence not to exceed the penAlty hereof between the amount specified in "ld bid and such !.arler amounl for which the Obliree may in ,ood faith contract with another party to perform the Worle covered by $.aid bid, then this obliplion sNII be null and yoid, otherwis.e te v~main in full force and effect. 15th day of October 1999 Ultimate / "'>(:4' (~~/) I 4JA DOCUMlNT A.J1. . liD IONO . AlA.. fEIlUAlY 1m EO . 'THE AMEllCAN INSTITVT! OF AIlOiITtcn, 1m N.Y. Avt.. N.W., WASHINCTON, O. C. ~ 1 Preferred National Insurance Company Coral Springs, Florida POWER OF ATTORNEY ~nofu J\ll ~en ~l! Wqese 'resents; That Preferred National Insurance Company, a corporation of the State of Florida, by John K. Latham, President, and Dennis B. Wills, Secretary, in pursuance of authority granted by Articie XI, Section 1 & 2 of the By-Laws of said Company, which reads as follows: ARTICLE XI, SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE XI, SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Michael H. Burton and Linda F. Burton its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: One Million Dollars ($1,000,000) Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the regularly elected officers of the Company at its office in Coral Springs, Florida, in their own proper persons. The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and is now in force. ,1\1pnl'I"'/1 IN WITNESS WHEREOF, the said President and secreta,(Y'P~~e:'ltier.~&~~6~b,~cribed their names and affixed the Corporation Seal of the said Preferred National Insurance Company, this 1st day of AU9~~t,,~"By.,J OF1......~y'\ , :''';<' 0 --</....., "t-.~ (~./ 0 S'""E. A. .L.. ~r~k.) ~d National Insurance com~panY \~~'r~/'I:.~\8\J~.B:...~~;i ~ I( ~ <'..,,,,...,.:Ut1 "-<l~'," ------------:-- ~ ".,,;Y 1.;1 d ",-4. ,;., President ) . ~J'J'JI.', j. ."\' ,..',\ ss: I,,,,,,,,,,,,,, ) ATTES~ A #$ . Secretary STATE OF FLORIDA CITY OF CORAL SPRINGS On this 1st day of August, A.D., 199B, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. i)~~ WENDY~ , ~~v~.a:65OUO =~~ [cD t(1t! WQ CM'-- CERTIFICATE I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article XI, Section 1 & 2 of the By-Laws of the Preferred National Insurance Cnrnpany. """"U""". This Certificate may be signed by facsimile under and by aut~ot(~,t~ 'ih~~bflbi~;f;~fe~o'ution of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 1st day ?f~tl~r~"'.jl99gl?q .';~.' ., ,.0 ,. '\. "J,..- :: ~~. ,: \...} <:\ . ,...-; Resolved, Article XI, Section 2, "that the facsimile or mec~~;tlly"r~!'i~ sigrlat~~epf any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any:~., war.o. f ltfdm'Y'1. SgUed. 'p"".." Compaoy, ,h,1I b, "lid aod biod;09 "Po~~y _lIh the same force and effect as though manually affixed" ~. r.... . I 'J 1', i;' _~: ,: ~STI 0 Y WHEREOF, I have hereunto SUbscribe~'~:''"\i.:iAi1d.1:!'ff:X~d.~a1~~r orate Seal of the said Company, thiS.../..................... day of ~ ' ',,~.1 <:;:1 . !,\.\ ........ ..... ...... . .................., 19..7...T........"....., · A UI ~ ecretary PNI.PA-101 (8/98) ULTIMATE POOLS, INC. (305) 937-1723 Dade (954) 797-6246 Broward (800) 940-1723 Toll Free State License CPC044376 Facsimile (954) 797-2952 Palm Beach (561) 832-6380 Boca Raton (561) 368-1899 AQUA-PLEX TEN (10) YEAR WARRANTY POOLGARD, INe., the manufacturer, does hereby warrant all material for the application of the AQUA-PLEX coating to the swimming pool surface that has received the material against chipping, chalking, cracking, peeling, and or de-lamination for a period of ten (10) years from date of application. Liability ofPOOLGARD, INe. is limited to intended use and is subject to normal wear and tear and does not cover mechanical or physical abuse whether intentional or accidental. This warranty does not cover draining or hydrostatic water control of any kind, down time, ground faults, water loss, chemical loss, chemical abuse, damages from pool being emptied or Acts of God. Under no circumstances shall POOLGARD, INe. be liable to the owner or any persons for any special consequential damages whether arising out of an Act of God, breach of warranty, breach of contract or otherwise. Excluding normal conditions, this warranty will become null and void if any contaminants enter the pool area. DA TE OF APPLICATION: ----------------------------------------- Main Office: 4450 S.W. 6] Avenue * Nova Plaza 8 * Davie * Florida * 333]4 , . . CITY OF MIAMI BEACH TV HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 p:\\ci.miaml-beach. fI.us f I t I II - a - - COMMISSION MEMORANDUM NO. ~ C) TO: Mayor Neisen O. Kasdin and Members of the City C mission DATE: November 17, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: Request for A:p roval to A ward a Contract to Ultimate Pools Inc., in the Amount of $62,350, Pursuant to Bid No. 17-99/00 for the Resurfacing of the Scott Rakow Youth Center Pool. ADMINISTRA TION RE COMMEND A TION Authorize the award. BID AMOUNT AND FUNDING $62,350 Funds are available from the Recreation Department Account Number 011.0950.000676. ANAL YSIS This Invitation to Bid was issued onSeptember 17, 1999, with an opening date of October 15, 1999. Sixty-four (64) notices were issued, resulting in the receipt of two (2) responsive bids. This Bid is for the Resurfacing of the Scott Rakow Youth Center Pool. The pool was resurfaced once before, over 10 years ago, with marcite, which has deteriorated to the point that bare concrete is exposed in many areas. An extensive evaluation of the condition of the surface has resulted in the determination that the only remedy for the deterioration is a total resurfacing. The apparent low bidder Fibre Tech Inc. proposed using an alternative product and method of resurfacing which did not meet the minimum specifications. Further, Fiber Tech, Inc. resurfaced the Normandy Isle Pool with their product in 1992, which included a 25 year warrantee. During the first year, rust problems and delamination occurred. Service was intermittent and the company was non- responsive to our concerns. In less than five years, the surface had deteriorated almost entirely, and a significant patch job was needed. Therefore, the City Commission should authorize the award of this bid to the sole responsive, responsible bidder, meeting specifications, Ultimate Pools Inc. FUNDING APPROVAL ~~.~ Management and Budget AGENDA ITEM ~ DATE~ 39 ~ Bid No. 17-99/00 Page Two November 17, 1999 BID T ABVLA TION Vendor Total Price Fibre Tech Inc. $41,500 Ultimate Pools Inc. $62,350 'i\ .A ~~ S~/.lf!lMRIjlw ~': :'~~S~, ;'" II-I ,~,~:" ,- 40 I I i I r , ! 1 I ~ I INVITATION TO BID RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL BID #17-99/00 BID OPENING: OCTOBER 15,1999 AT 3:00 P.M. Michael A. Rath, CPPB, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 1 I.. .' r. , :. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE INVITATION TO BID NO. 17-99/00 MIAMI BEACH, FLORIDA 33139 CITY OF MIAMI BEACH TELEPHONE: (3051 673-7490 SUNCOM: (305) 933-7490 FAX: (305) 673-7851 Sealed bids will be received by the City of Miami Beach Procurement Director, 1700 Convention Center Drive, Miami Beach, Florida 33139 until 3:00 P.M. on the 15th day of OCTOBER, 1999 fm': RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. . A Pre-Bid Conference and Site Inspection will be held on OCTOBER 01, 1999 at 10:00 a.m., at the SCOTT RAKOW YOUTH CENTER, 2100 Washington Avenue, Miami Beach, FL. At that conference all work will be discussed and all questions answered. No questions will be answered except at the pre-bid conference. Specifications may be obtained upon request from the Procurement Division, telephone number (305) 673-7490, Bid Clerk A Bid Bond offive (5%) percent of the bid amount will be required. The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of one-hundred (100%) percent of the contract amount. You are hereby advised that this Invitation to Bid is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the - time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or p!"()poser shall not be considered for any RFP, RFQ, RFLI or bid for:: contract for the provision of goods or services for a period of one year. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 2 Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERB ALL Y OR AFTER SAID DEADLINE. The City of Miami Beach reserves the right to accept any bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any bid. The City of Miami Beach may reject any and all bids. CITY OF MIAMI BEACH f2/J/?a. ~ ~~c~el A. Rath, CPPB Procurement Director Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 3 RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL BID #17-99/00 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Director, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Telegraphic bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning original copy of Bid Form, marking if "No Bid", and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. NOTE: A bidder, to qualifY as a respondent, must submit a "no bid" and same must be received no later than the stated bid opening date and hour. 1.4 PRICES QUOTED: Deduct trade discounts and quote 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 bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, ifmade, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofbid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 04-00097-09-23 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 4 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, 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 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall confonn in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are infonnational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation ofrecognized and legitimate manufacturers. Bidders shall fonnally substantiate and verify that product(s) offered confonn with or exceed quality as listed in the specifications. Bidder shall indicate on the bid fonn the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) confonnance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached fonn. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not confonning to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Bid No: ] 7-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 5 Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: N/A 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, FL 33139. Fax (305) 673- 7851. 1.17 (NOT USED) 1.18 (NOT USED) 1.19 AWARDS: In the best interest of the City of Miami Beach, the City Commission reserves the right to reject all bids or any portion of any bid they deem necessary for the best interest of the City; to accept any item or group of items unless qualified by the bidder; to acquire additional quantities at prices quoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of this bid shall conform to applicable Florida Statutes. 1.20 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after that time shall be returned, unopened. 1.21 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title t%r risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.22 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.23 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the buyer shall be final and binding on both parties. 1.24 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.25 (NOT USED) 1.26 (NOT USED) Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 6 1.27 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save hannless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.28 OSHA: The bidder 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 bidder responsible for same. 1.29 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.30 ANTI-DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.31 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. 1.32 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.33 (NOT USED) 1.34 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Dade County and City of Miami Beach building code requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.35 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 7 1.36 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.37 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.38 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICA TE to the City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139 1.39 (NOT USED) 1.40 (NOT USED) 1.41 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. 1.42 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.43 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.44 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.45 AWARD CHALLENGE: All costs accruing from a bid or an award challenged as to quality, etc. (tests, etc.) shall be assumed by the challenger. All bid challenges are to be in writing and filed with the Procurement Director. The Procurement Director will notify challenger of the cost and time necessary for a written reply to the challenger. 1.46 (NOT USED) 1.47 (NOT USED) Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 8 1.48 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning ofthe specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least fifteen (I5) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Infonnational Addendum if clarification or minimal changes are required. The City shall issue a Fonnal Addendum if substantial changes which impact the technical submission of Bids is required. A copy of such Addendum shall be sent by mail or facsimile to each Bidder receiving the Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Fonnal Addendum by signing in the space provided on the Bid Proposal Fonn. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.49 DEMONSTRATION OF COMPETENCY: I) Pre-award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from finns which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of perfonnance 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 tenns and conditions herein stated. The tenns "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 detennined by the City of Miami Beach. 2) The City may consider any evidence available regarding the fmancial, technical and other qualifications and abilities ofa Bidder, including past perfonnance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material infonnation 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 infonnation provided by the source of supply and the infonnation contained in the Bidder's Proposal may render the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of perfonnance to insure that the Bidder is continuing to provide sufficient fmancial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's perfonnance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement tennination procedures if the City detennines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 9 1.50 A WARD OF CONTRACT: A) The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous to the City of Miami Beach. The lowest responsive, responsible Bidder(s) will be determined in conjunction with the method of award which is described in the Special Conditions. Tie Bids will be decided as described in Special Conditions. B) The City shall award a contract to a Bidder through action taken by the City of Miami Beach City Commission at a duly authorized meeting. This action shall be administratively supported by a written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful Bidder; which shall constitute a binding contract without further action by either party. C) The General Terms and Conditions, the Special Conditions, the Technical Specification, the Bidder's Proposal and the Purchase Order are collectively an integral part of the contract between the City of Miami Beach and the successful Bidder. D) While the City of Miami Beach City Commission may determine to award a contract to a Bidder(s) under this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions. The Bidder shall be in default of the contractual obligations if any of these documents are not submitted in a timely manner and in the form required by the City. If the Bidder is in default, the City, through the Procurement Director, will void its acceptance of the Bidder's offer and may determine to accept the offer from the second lowest responsive, responsible Bidder or re-solicit Bids. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess costs sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. E) The Term of the Contract shall be stipulated in the Purchase Order which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitation and the contractual period stipulated on the Purchase Order, the Purchase Order shall prevail. If the contract involves a single shipment of goods to the City, the contract tenn shall be concluded upon completion of expressed and implied warranty periods. F) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) to a subsequent optional period; provided that such option is stipulated in the Special Conditions. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial Solicitation by no later than sixty (60) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and perfonnance bonds, must be in force for the full period of the option. If the updated documents are not submitted by the Bidder in complete form within the time specified, the City may rescind its option, declare the Bidder to be in default of its contractual obligations and award to the next low bidder or seek a new bid Solicitation. The City may, at its sole option, seek monetary restitution from the Bidder as a result of damages or excess cost sustained and/or may prohibit the Bidder from submitting future Bids for a period of one year. G) The City reserves the right to automatically extend this contract for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notifY the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Fonn, the Bidder hereby acknowledges and agrees to this right. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 10 1.51 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or othelWise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.52 LA WS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, penn its and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.53 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.54 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. 1.55 (NOT USED) 1.56 (NOT USED) 1.57 (NOT USED) Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 11 RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL BID #17-99/00 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for the resurfacing of the Scott Rakow Youth Center Pool. 2.2 COMPLETION TIME: Work shall be completed thirty (30) days after the Notice of Award has been issued. 2.3 METHOD OF A WARD: A ward of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to the City of Miami Beach. 2.4 PAYMENT: Payment will be made upon fmal completion of this project. The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon fmal completion and acceptance. 2.5 (NOT USED) 2.6 ADDITIONS/DELETIONS OF FACILITIES: N/A 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: N/A 2.8 PRE-BID CONFERENCE/SITE INSPECTION: A Pre-Bid Conference/Site Inspection is scheduled for OCTOBER 01,1999 at 10:00 A.M., at the SCOTT RAKOW YOUTH CENTER, 2100 Washington Avenue, Miami Beach, FL. 33139. 2.9 INSURANCE AND INDEMNIFICATION: 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. 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 Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 12 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. 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 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". Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 13 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. Ifbidder 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 insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH ]4 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 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). XXX 3. Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired automobiles included. _ 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 15 2.10 VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. The successful proposer(s) must register prior to award; failure to register will result in the rejection of their proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, such as new address, telephone number, commodities, etc. 2,11 CONTACT PERSON: N/A 2.12 SAMPLES: N/A 2.13 BID CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.14 TIE BIDS: 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. 2.15 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 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 CA TEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 2.16 BID/PERFORMANCE BOND: All bids must be accompanied by a bid bond in the amount of 5% of the total bid submitted, to be in the form of a Cashier's Check made payable to the City of Miami Beach; a bond written by a surety company authorized to do business in the State of Florida and shall comply with State Statute 287.0935. The bond, if in the form of a Cashier's Check, of all unsuccessful bidders will be returned after bid award. The successful bidder will be required to submit a 100% Performance Bond and LaborlMaterial Bond. The Performance Bond, LaborlMaterial Bond can be in the form of a Cashier's Check, made payable to the City of Miami Beach; a bond written by a surety company as specified previously. Bid No: ] 7-99/00 Date: 911 7/99 CITY OF MIAMI BEACH ]6 2.17 SPOT MARKET PRICING: N/A 2.18 (NOT USED) 2.19 LIQUIDA TED DAMAGES: The Bidder agrees to pay the City of Miami Beach liquidated damages in the amount of $ 100.00 per calendar day beyond the thirty (30 day) scheduled completion date. 2.20 (NOT USED) 2.21 ESTIMATED QUANTITIES: N/A 2,22 (NOT USED) 2.23 WARRANTY: The successful bidder will be required to warranty all work performed. Warranty shall be described in detail and attached to the Bid Form. 2.24 PRODUCT/CATALOG INFORMATION: N/A 2.25 (NOT USED) 2.26 COMPLETE PROJECT REQUIRED: N/A 2.27 FACILITY LOCATION: N/A 2.28 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of service 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 performed this or a similar type of project. The evidence will consist of listing the nature of work and number of projects completed over the last five (5) years. This information must be submitted on the "Customer Reference Listing" (Page 28) 2.29 LA TE BIDS: The City of Miami Beach cannot be responsible for bids received after opening time and encourages early submittal. 2.30 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shaU reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.31 COMPLETE INFORMATION REQUIRED ON BID FORM: AU bids must be submitted on the attached Bid Form and aU blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.32 MAINTENANCE AGREEMENT: N/A Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 17 2.33 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) and test results of unit bid as equal. 2.34 YEAR 2000 COMPLIANCE WARRANTY: N/A 2.35 YEAR 2000 REMEDY CLAUSE: N/A 2.36 (NOT USED) Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 18 RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL BID #17-99/00 3.0 MINIMUM SPECIFICA nONS GENERAL The intent of these specifications is for the resurfacing of the Scott Rakow Youth Center Pool in accordance with the following specifications: 3.1 Drain Pool 3.2 Undercut tile, return fittings, lights, and all other items where necessary. 3.3 Sound entire surface of pool and remove any loose, hollow or de-laminated area found and refill with hydraulic cement to insure a stable surface. 3.4 Acid wash, neutralizing with soda ash. 3.5 Install new tiled swim lanes and wall targets. 3.6 Install new main drain grate assembly. 3.7 Apply the Aqua-Plex resin system to entire surface of pool, which consists of the four (4) coats outlined below: A. Primer coat applied 5-7 mils. B. Intermediate coat applied 20-30 mils. C. Two (2) fmal coats applied 10-12 mils each, color white, with extra chemical resistance and high ultra violet protection. 3.8 Refill pool with the use of the City's hose facility. 3.9 Superchlorinate, balance and re-stabilize new water. Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 19 RESURFACING THE SCOTT RAKOW YOUTH CENTER POOL Bid No. 17-99/00 Bid Proposal Page 1 of 1 TOTAL JOB COST: $ PAYMENT TERMS: 2%110 EOM. Ifother, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this proposal and commit the bidding firm) NAME/TITLE(print) : ADDRESS: CITY 1ST ATE: ZIP: TELEPHONE NO: FACSIMILE NO: Bidders must sign below to acknowledge receipt of addendum (if necessary). Amendment No.1: Amendment No.2: Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 20 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) STATE OF FLORIDA) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, as Principal, hereinafter called Contractor, and as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the _ day of , 19 _, entered into a certain contract with the City, hereto attached, for BID NO. 17-99/00, Entitled RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL , which Contract is made a part hereof by reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, 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. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arrange 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 exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price" as used in this paragraph, shall mean the total amount payable by the City to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to the contractor. Bid No: 17-99/00 Date: 9/1 7/99 CITY OF MIAMI BEACH 21 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 of, from and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees, engineering and architectural fees or other professional services which the City may incur or which may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and performance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as are provided for in the Contract Documents, and the Contractor hereby guarantees to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no specific periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date of final acceptance by the City of the entire proj ect. law, Any suit on this bond must be instituted within such period or periods as may be provided by Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 22 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent"s current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) Bid No: ] 7-99/00 Date: 9/1 7/99 CITY OF MIAMI BEACH 23 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was dilly signed, sealed, and attested for and in behalf of said Corporation by authority ofits governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida, Subscribed and sworn before me this day of , 19 A.D. (Attach Power of Attorney) Notary Public State of Florida-at-Large My Commission Expires: Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 24 LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) BY THIS BOND, We, as Principal, and as corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum of$ for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS 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 indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Performs the guarantee of all labor and materials furnished under the contract for the time specified in the 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 specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated reference. between the City and Principal is made a part of this Bond by Claimants are advised that Section 255.05, Fla. Stat, contains notice and time limitation provisions which must be strictly complied with. Bid No: 17-99/00 Date: 9/1 7/99 CITY OF MIAMI BEACH 25 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner By: Attorney-in-fact (Power of Attorney must be attached) Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 26 CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then 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 its governing body. Secretary Corporate Seal STATE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first dilly sworn upon oath, says that he is the Attorney in Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this day of ,19_A.D. (Attach Power of Attorney) Notary Public State of Florida-at -Large My commission Expires: Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 27 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 Address Contact Person Telephone Number 2) Company Name Address Contact Person Telephone Number 3) Company Name Address Contact Person Telephone Number 4) Company Name Address Contact Person Telephone Number Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 28 RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL BID No. 17-99/00 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the foHowing items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 X EquivalentslEqual Product General Condition Section 1,10 Special Conditions Section 2.33 X Insurance and Indemnification (including Insurance Checklist) General Condition Section 1.34 Special Conditions Section 2.9 Samples General Condition Section 1.14 Special Conditions Section 2,12 X BidlPerformance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Warranty Special Conditions Section 2.23 Product/Catalog Information Special Conditions Section 2.24 References Special Conditions Section 2.25 X Bidder Qualifications Special Conditions Section 2.28 X Exceptions to Specifications Special Conditions Section 2.30 Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BEACH 29 , ~... . . .. . -'i . . ORDINANCE NO. 99-3164 Ar'l ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A "CONE OF SILENCE" FOR CITY COMPETITIVE BIDDING PROCESSES, BY AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTR4..TION," BY AMENDING ARTICLE VII THEREOF ENTITLED "STAl'{DARDS OF CONDUCT," BY CREATING DIVISION 4 ENTITLED "PROCUREMENT," BY CREATING SECTION 2-486 ENTITLED "CONE OF SILENCE" BY PROVIDING FOR A DEFINITION, PROCEDURES, AND PENAL TIES; PROVIDING FOR REPEALER, SEVER.u3ILITY, INCLUSION IN THE CITY CODE, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission of the City of Miami Beach are desirous of adopting a "Cone of Silence" procedure to protect the professional integrity of the City's competitive bidding process by shielding the City's professional staff; and WHEREAS, the policy proposed herein recognizes the importance of requiring persons or businesses who are part of the City's competitive processes to disclose all communications with the City's professional staff; and WHEREAS, communications between elected officials and the City's appointed staff during a competitive bidding process should be in \\!Titing so that it becomes a pan of the public record; and \VHEREAS, the proposed policy protects the rights of indi\'iduals to petition their government and their elected officials; and WHEREAS, the policy proposed herein enhances the spirit ofFlorida's Government in the' Sunshine Law. , 'jA . . . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1. Section 2-426. of Division 4 of Article VII of Chapter :2 of the Miami Beach City Code is hereby created to read as follows: Article VII. Standards of Conduct " * * Division 4. Procurement Sec. 2-486. Cone of Silence 1,. Contracts for the ~rovision of goods and services other than audit and bdcpcndcn! Pri ,at.: Scctor Impce::tor Ccneral rIPSIC) contracts. W "Cone of Silence" is herebv defined to mean a prohibition on: (a) anv communication regarding a particular Request for Proposal ("RFP"t Reauest for ualifications "RF II Re uest fi r Letters of Interest "RFLI" . or bid between a potential vendor. service provider. bidder. lobbvist. or consultant and the City's professional staff including. but not limited to. the Citv Manager and his or her staff: and (b) an"\' communication regarding a particular RFP. RFO. RFLI. or bid between the Mavor. City Commissioners. or their respective staffs. and anv member of the City's professional staff including. but not limited to. the City Manager and his or her staff. Notwithstandin the foreooino the Cone of Silence shall not a. 6- sf, competitive processes for the award of CDBG. HOME. SHIP and Surtax Funds administered bv the Miami Beach Office of Community Development. and communications with the City Attornev and his or her staff. .ili.2 Procedure .ill A Cone of Silence shall be imposed upon each RFP. RFO. RFLI. and bid after the advertisement of said RFP. RFO. RFLI. or bid. At the time of imposition of the Cone of Silence. the City Manager or his or her designee shall provide for public notice of the Cone of Silence. The City Manager shall include in an\" public solicitation for goods and services a statement disclosim: the requirements of this ordinance. @ The Cone of Silence shall tenninate a) at the time the (it\" Manager makes his or her \Nritten recommendation as to selection of a . 2 " . . '-" ,< . particular RFP, RFO, RFLL or bid to the City Commission: provided. however. that if the Citv Commission refers the Manager's recommendation back to the CitV' Manager or staff for further review. the Cone of Silence shall he reimposed until such time as the i'vlanager makes a subsequent \J;'rirren recommendation. or h) in the event of Contracts for less than $ ] 0.000.00. when the City Manager executes the contract. W ExceDtions. The proyisions of this ordinance shall not app!v to oral communications at pre-bid conferences. oral presentations before s-:ketion evaluation committees. contract negotiations discussions during any dulv noticed public meeting. public presentations made to the City Commissioners during any duly noticed public meeting. contract negotiations with Cit\' staff followinq the award of an RFP, RFO. RFLI. or bid by the Citv Commission. or communications in writing at any time with any Citv employee. official or member of the City Commission. unless specifically prohibited by the applicable RFP. RFO. RFLL or bid documents. The bidder or proposer shall file a COPy of any written communications with the Citv Clerk. The Citv Clerk shall make copies ayailable to an\! person upon request. ~ Audit :::nd rrSIC Contracts. ill '"Cone of Silence" is hereby defined to mean a prohibition on: (a) any communications regarding a particular RFP. RFO. RFU. or bid ben.\!een a potential yendor. service proyider, bidder. lobbyist. or consultant and the Mayor. City Commissioners or their respective staffs. and any member of the Citv's professional staff including, but not limited to the Citv Manager and his or her staff and (b) anv oral communication rellarding a particular RFP. RFO. RFLL or bid between the Mavor. Cin.' Commissioners or their respective staffs and any member of the Citv's professional staff including. bur not limited to. the City Manager and his or her staff. Notwithstanding the foregoing. the Cone of Silence shall not applv to communications \.-vith the City Attornev and his or her staff. (bl Except as provided in subsections 2(c) and ?(d) hereof. a Cone of Silence shall be imposed upon each RFP. RFO. RFLI. or bid for audit and IrSIC ser/ices after the advertisement of said RFP. RFO. RFU. or bid. At the time of the imposition of the Cone of Silence. the City Manager or his or her desi!lnee shall proYide for the public notice of the Cone of Silence. The Cone of Silence shall tenninate when the City (daf1agcr '.((eutes a particulal audit or IrSIC contlJct al at the time the Cit',' Manager makes his or her written recommendation as to the selection of a particular RFP. RFO. RFLL or bid to the Citv Commission: provided. however. that if the Cit\' Commission refers the Manager"s recommendation back to the City Manager or staff for ~ .) , -' . t. further review. the Cone of Silence shall be reimposed until such time as the Manager makes a subsequent \Witten recommendation. or b) or in the event of contracts for less than $10.000.00. when the City Manager executes the contract. Ie) NothinfJ contained herein shall prohibit anv hidder or proposer: Ii) from makin9: public presentations at duly noticed pre-bid conferences or before duly noticed 3cI.:::.:tio!1 evaluation committee meetings: (ii) from engairing in contract flcgotiation3 discussions during any duly noticed public meeting: (iii) from engaging in contract negotiations v..ith City staff following the mvard of an RFP. RFO. RFLI. or bid for audit bv the City Commission:or (iv) from communicatin9: in writinir with any (itv emplovee or official for Durposes of seeking: clarification or additional information from the City or responding to theCitv's reauest for clarification or additional information. subiect to the provisions of the applicable RFP. RFO. RFU. or bid documents. The bidder or proposer shall file a copv of any wrinen communication with the Citv Clerk. The Cit" Clerk shall make copies available to the general public upon request. @ Nothin!l contained herein shall prohibit any lobbyist. bidder. prODoser. or other person or entity from Dubliclv addressing the City Commissioners during any duly noticed public meeting regarding action on any audit Of' fP5fG contract. The City Manager shall include in any public solicitation for auditing or rpSIG services a statement disclosing the requirements of this ordinance. .3. Violations/Penalties and Procedures. In addition to the pCl'lfrltic.':l proyidcd in Section ~ An alleged violation of this Section ~ bv a particular bidder or proposer shall subiect said bidder or proposer to the same procedures set forth in Sections 2-457(2) and (3), shall render any RFP award. RFO award. RFU award. or bid award to said bidder or proposer voidftb+e. and said bidder or proposer shall not be considered for any RFP. RFO. RFLI or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this ordinance shall be prohibited from serving on a City compctiti"..c: .':lckction evaluation comminee. In addition to anv other penalty provided bY" law. violation of any provision of this ordinance bY" a City employee shall subiect said employee to . disciplinarv action up to and including dismissal A.dditionalh',3m person \vho has personal knowledge of a violmion orthis ordinance shall report such violation to the State AttorneY" and/or mav file a complaint with the Miami-Dade Countv Ethics Commission. -+ I. -f. . I. . SECTION 2. REPEALER. That all Ordinances or pans of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVER~BrLrTY. If any section, subsection. clause or provision of this Ordinance is held invalid. the remainder shall not be affected by such invalidity. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a pan of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to acc'omplish such intention. and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 16th day of January , 1999. PASSED and ADOPTED this 6th day of January , 1999. ~~ p~~ y};/IJ //j// 0.1.-\ YOR ATTEST: CITY CLERK .APPRQ\''5:J AS TO FORM & lANGUAGE 8. FOR EXECUTION .. .~'nll<n'.~U.UI:"'\~'C:U~l.~IL.\l"ru 1st reading 12/16/98 2nd reading 1/6/99 ) #~ (lly Ariomay Vr~9~ I n-r~' I. . '.. PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) BOND NO. X 08338 EXECUTED IN FIVE COUNTERPARTS STATE OF FLORIDA ) S5 COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that we, Ultimate Pools, Inc. U Principal, hereinafter called Contraotor, and Preferred National Insurance Company as Surety, are fhmly bound UP.i~~~l9~ami Beach. Florida, as Obligee, hereinafter oalled'the City, in the Penal sum of~~e~ ---Dollars ($ 62,350.00***), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admfnfstrlitors, successors and assigns, jointly and severally, fumly by these prescnts. WHEREAS, Contractor, on the ~ day of /1J:}IHMh--er- . 19~ entered into a certain contract with the City, hereto attached. for BID NO. 17-99/00, Entitled RESURFACING OF THE SCOTT RAKOW VOUTH CENTER ~OOL ;which Contract is made a part hereof by reference th~to. ' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,-that, if the Contractor shall well and truly perform and fulfill all the und8l'takinis, covenants, tenns. conditions and agreements of said Contract. and all duly authorized modifications of said Contract that may hereafter be made, notice ofwmch modifications to the Surety being hereby waived, then this obligation shall be void; othelWise to remain in full force and effect. WHENEVER the Principal shall be and is declared by the City to be in default under the Contract, or whenever the Contract has been terminated by default of the Contractor, the City having performed the City's obligations thereunder, the Surety shall: 1. Complete the Con1ra.ct in accordance with its tc:ms and conditions, or at the City's sole option. 2. Obtain a Bid or Bids for submission to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City and the Surety of the lowest responsible Bidder, arranie for a Contract between such Bidder and the City, and make available u Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arrangcd under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may bellable hereunder. the amount set forth in the first paragraph hereof. Th~ term "balance of thc Contract price" as used in this pataaraph, shall mean the total amount payable by the City to the Contl'actor under the Contract and any amendments thereto. less the amount properly paid by the City to the contractor. Bid No: 17.99100 Date: 9/17/99 CITY OF MIAMI BEACH 21 L #~GSLL €GV V9S +-G9SGLSL W~VG: L L ~ SS-€G-L L ~ LGOL .l9ido~a I 91 XO.laX:A9 1N3S I, 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 docs hereby agree to indemnify the City and hold it hannlcss of, from and against any and all liability. loss, cost, damage or expense, including reasonable attorneys fees, eniineering and architectural fees or other professional services which the City may incur or which may accroe or be imposed upon it by reason of any negligence. default, act and/or omission on the part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, in, about or on account of the Construction of the work and perfonnance of said Contract by the Contractor. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance of the project by the City as arc provided for in the Contract Documents, and the Contractor hereby i\Wantoel to repair or replace for the said periods all work performed and materials and equipment furnished, which were not performed or furnished according to the terms of the Contract Documents. If no speciiic periods of warranty are stated in the Contract Documents for any particular item of work, material or equipment, the Contractor hereby guarantees the same for a minimum period of one (1) year from the date affinal acceptance by the City of the entire project. Any suit on this bond must be instituted within such period or periods as may be provided by law. Bid No: 17.99/00 Dato: 9/17/99 CITY OF MIAMI BEACH 22 Z #~Z6LL ezv v96 ..Z96ZL6L W'1f9Z: L L ~ 66-eZ-L L ~ LZOL Jaido~a I H XOJaX:^9 lN3S . , IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the . 23rd ' day of November . 19 99 , WITNESS: COUNTERSIGNED BY RESIDENT FLORIDA ~: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner Michael H. Burton Bid No: 17-99/00 Date: 9/17/99 ~ ~!7.Rll ~7.' '~R 4-7. ~ R 7. I. R I. PRINCIPAL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) Ultimate Pools. Inc. (Corporate Name) BY (CORPORATE SEAL) SURETY: Preferred National Insurance Company By'.~~. · A onaey-ln.f8ct L.inda F. Burton (power of Attorney must be attached) CITY OF MIAMI BEACH 23 W'd~7.: ll! RR-~7.-ll! l7.0/. Jaldooalal XOJaX:)..j:l IN=l~ , , CERTIFICATES AS TO CORPORATE PRINCIPAL I, ~.f. ntg l.O. 11 ,J~certify that I am the Secretary ~fthe COIporation named as Principal in the foregoing bond; that Harold E.Mynatt, Jr. who signed the said bond on behalf of the Principal, was then President 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 its govemina body. ~dd:rrporate ecrctary Seal STATE OF FLORIDA) II COUNTY OF Broward) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Linda F. Burton to me well known, who beins by me first duly sworn upon oath, says that he is the Attorney-in-Fact, .for the Preferred National Insurance Co.and that he has been authorized by Preferred National Insurance Coto executctheforcaoinabond on bebalfofthe Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and swom before me this 23rd day of November I 19...22.....A.D. (AttachPowerofAUOmey)~= Notary Public State ofFlorida-at-Larac CATHERINE SIMMONS' My Commission Expireliolary public-State of Ronda My Codlllbn !kpIUlll 8"111. 21,20D1 Comm. No. CC 681828 Bid No: 17.99100 Date: 9/17199 CITY OF MIAMI BEACH 24 , #:~6LL €~, '96 "~96~L6L WY9~:LL: 66-€~-LL: L~OL JeJdo~e(el XOJeX:A9 IN3S Preferred ~ational Insurance Company Coral Springs, Florida POWER OF ATTORNEY ~UlIfu lUI ~tlt ~\! ijt4tSt JrtStuts.; That Preferred National Insurance Company, a corporation of the State of Florida, by John K. Latham. Pres1dent, and Dennis B. Wills. Secretary, In pursuance of authority granted by Article XI. Section 1 & 2 of the By-Laws of said Company, which reads as follows: ARTICLE XI. SECTION 1 - The 'Chalrman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of Indemnity and other writings obligatory In the nature thereof. ARTICLE XI. SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company, and such signature and seal when so ~sed shall have the same force and effect as though manually fixed. Does hereby nominate, constitute and appoint Michael H. Burton and Linda F. Burton its true and lawful attorney. for It and in Its name. place, and stead to execute on behalf of the sald Company as surety, all bonds, undertakings and contracts of suretyship In the amount not to exceed: One Million Dollars ($1,000,000) Preferred National Insurance Company, as fully and amply, to all Intents and purposes, as If they have been duly executed and acknowledged by the regularly elected officers of the Company af Its office In Coral Springs. Florida, In their own proper persons. The said Secretary does hereby certify that the aforegolng Is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and Is now in force. \\\\"nnu''''I" IN WITNESS WHEREOF, the said President and secreta~~r.~~~.ecrlbed their names and affixed the Corporation Seal of the said Preferred Natlonallnsurance Company, this 1st day of Augu,:'A.iji~?'O,q""'",~",,:\ ! ~./O"p -<1)-"",~~::, ~~!(j ~...(');. ATTES~. . . I ~ ( SEAL pr~ftJ't~d National Insurance Company .. J1 I~/ -II' ~~\ 1988 /3g I:;' fIU~ \~"""'~{OR\t)~~:C-/ S ta "... ..;>'.., 0.. ," ,"- ecre ry " 'Y',L, ................." ,/' . .~.I: vc/ l. \' .......... "1/1, * '" \\\\\... STATE OF FLORIDA ) sa: II'"....".......,.. CITY OF CORAL SPRINGS ) On this 1st day of August. A.D., 1998, before the subscriber, a Notary Public of the State of Florida, duly commissioned and qualified. came the above named President and Secretary of Preferred Natlonal Insurance Company to me personally known to be the Individuals and officers described in and who executed the preceding Instrument. and they each acknowledged the execution of the same, and being by me duiy sworn, severally and each for himself deposeth and salth, that they are the said officers of the Company aforesaid. and that the seal affixed to the preceding Instrument Is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs. the day and year first above written. f>>~'~ WENOY~ I ".ClOI'..~#'O:6IOI2O ~:c L Lb. 1-[1(1 (bQ~.U'-. CERTIFICATE I, the undersigned, Secretary of Preferred Natlonallnsu~ance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, Is In full force and effect on the date of this certificate; and I do further certify that the President who executed the'said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney-In-Fact as provided In Article XI, Section 1 & 2 of the By-Laws of the Preferred Natlonallnsurance Company. """'" \"\,,,' ""'11 "" ~L IN I", This Certificate may be signed by facsimile under and by aut~,~~.tAe'follb\~)~~~.oIUtiOn of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 1st day rf~~'t?~J:1..q ......."'1.\ Resolved. Article XI. Section 2, "that the facsimile or mecJ~;'?r~1lt.~ ~~~\f any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of an~r of ltt'~ued tl~ Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed' \ ~\. ... 1 9 G 8 .i <:> j . .... ~ '" J..'"I........\.\':'\~ ..' ~ <' 23rd . IN TESTIMONY WHEREOF, I have hereunto subs~rlbed i1l~~~i~,::or orate Seal of the said Company. this............................ day of ....~,9.Y.~mR.~!.................:............. 19.....~~.......... ."",.,~/d" * ~,~~\."'" .. J1 I~I -IJ /. . ,,,,,,""\' I:;' V/I~ PNI-PA-101 (8/98) \ :z ~ '~(i ... 0';... -. '~' ~ ~; l '+-J;.. ~ . '--I I/O . 51! ~ ~ ..., LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) EXECUTED IN FIVE BOND NO. X 08338 COUNTERPARTS BY THIS BOND, We, Ultimate Pools, Inc. as Principal, and Preferred National Ins. Co. a.s corporation, as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum ofS 62,350. OO*******DOLLARS for the payment afwhich we bind o\U'sclvc:s, our heirs, personAl representatives, successors and assigns, jointly and severally. THE CONDITION OF TIDS BOND is that if Principal: Promptly makes payments to all claimants, as defined in Section 255.05 (I), Fla. Stat., supplyhig Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the City sustains in enforcement of this bond. Per!onns the suarantee of all labor and materials furnished under the contract for the time specified in the 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 fonnalities connected with the contract or the changes docs not affect Surety's obligation under this bond. The provisions of Section 255.05, FIa. Stat., are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated between the City and Principal is made a part of this Bond by reference. FOR BID 117-99/00, ENTITLED: "RESURFACING OF THE SCOTT RAKOW YOUTH CENTER POOL" . Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation proyisions which must be strictly complied with. . ' Bid No: 17-99/00 Date: 9/17/99 CITY OF MIAMI BBACH 25 9 #:~6LL €~, '96 4-~S6~L6L WV'9~: L L: 66-€~-L L: L~OL JGido:lG I a1 XOJaX:A9 1N3S IN WITNESS WHEREOF, the above boundod parties have caused this Bond to be executed by their appropriate officials of the 23rd day of November , 19 99 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Finn Name) BY Title: (Sole Proprietor or Pariner) PRlNCIP AI.., (If Corporation) Ultimate Pools. Inc. (Corporate Name) BY I ~ ue~' ~ /- / Attut:. ij..~ . '7 (Secretary (CORPORATE SEAL) COUNTERSIGNED BY ~~ (Copy ot Alent'. current License as issued by State of Florida Insurance Commissioner Michael H. Burton SURETY: (power of Attorney must be attached) Bid No: 17.99100 Date: 9/17/99 CITY OF MIAMI BEACH 26 9 #:Z6LL EZv v96 ...Z96ZL6L W'v'9Z: L L ~ 66-EZ-L L ~ LZOL J9idO~9 I 91 XOJ9X:A9 1N3S CERTIFICATES AS TO CORPORATE PRINCIPAL I, ~d..~. In Y 1Ut1f~ertify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that Harold E. Myna t t, Jr .who signed the said bond on behalf of the Principal, was then President of said COlporation; that I know his signature. and his siiMture hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Coxporation by . authority of its governing bOdy. Jib/dc:'i-Pfir/ ~ / Secretary V Seal STATE OF FLORIDA) ss COUNTY OF'lm-m) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Linda F. Burton to me well known, who being by me first duly swom upon oath, says that he is the Attorney in Fact, for tho Preferred National Ins. Co. end that he has been authorized by Preferred National Ins.Co. to execute the foregolni bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. Subscribed and sworn before me this 23rd day of November. 19.1L A.D. (AttachpowerofAtIOrney~~ . Notary Public State of FloridA-at- LarszeNS CATHtRINE:"SIMI'lIOI Notary Public.Slale of Florida My commission EXP.mmlsslon ExPires SeDt.21. 2GOt ___ Comm.No.CC681821...~ Bid No: 17.99/00 Date: 9/17/99 CITY OF MIAMI BBACH 27 L #~~6~~ €~, '96 ..~96~L6L WYL~:~~~ 66-€~-~~~ ~~OL Jaldo~alal XOJaX:Ae IN3S Preferred ~ational Insura~ceCompany Coral Springs, Florida POWER OF ATTORNEY 1iunfu J\ll ~tn 2Ja1l ~4tJt llrtJ!utJ; That Preferred National Insurance Company, a corporation of the State of Florida. by .fohn K. I.atham, President, and Dennis B. wllla:~.cr.tary, In pursuance of authority granted by Article XI, Section 1 & 2 of the By-I.aws of said Company, which reads as follows: ARTICI.E XI, SECTION 1 - The 'Chalrman of the Board or President or any VIce President or Secretary shall have power and authority to appoint Attomeys.in.Fact, and to authorize them to execute on behalf of the COmpany, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writing. obligatory In the nature thereof. ARTICI.E XI, SECTION 2 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when 10 u.aed shall have the aame force and effect aa though manually fixed, Does hereby nominate, constitute and appoint Michael H. Burton and Linda F. Burton Its true and lawful attorney, for It and In Ita name, place, and atead to execute on behalf of the said Company aa surety, all bonds, undertakings and contracts of suretyship In the amount not to exce.d: . One Million Dollars ($1,000,000) Preferred National Insurance Company, aafully and amply, to all Intents and purposes, as If they have been duly executed and acknowledged by the regularly elected officers of the Company ants office In Coral Springs, Florida, In their own proper persons. The said Secretary does hereby certify that. the aforegolng II a true copy of ArtIcle XI, Section 1 & 2 of the By.l.aws of said Company, and Is now In force, , """"..,,,,,,,,, IN WITNESS WHEREOF, the said pre'ldent and secreta~~!.~~~lcrlbed their names and affixed the Corporation Seal of the said Preferred National Insurance Company. thll 11t day of Augutfu4..1Ji~P"OR""""~~'\ l;'/~o~ .ot~\~\ .. ATTES~. .. . i ~ ( SEAL pr'~td Natlonallnaurance Company · AM~ \0:.\ 1988 /3j \ ~':" /::', "'- :..~!: . \~~"....,~OR\~5.Sb~l Secretary ...., ~.L. ..<0......... ...\-4 __- . -., 'iJ #01 1. ,... .- '1"~/1''''' '* "" \\\\\,. STATE OF Fl.ORIDA ) sa: ",,,,,,",",,,,,,,' CITY OF CORAl. SPRINGS ) On this 1st day of August, A.D., 1998, before thelub.crlber, a Notary Public of the State of Florida, duly commissioned and qualified. came the above named President and Secretary of Pr.ferred NatJonalln.urance Company to me personally known to b. the Individuals and officers described In and who executed the preceding Instrument, and they each acknowledged the execution of the aame, and being by me duly sworn, severally and each for himself deposeth and salth, that they are the laid offlcerl of the Company aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of said Company. and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation, IN TESTIMONY WHEREOF, I have hereunto aet my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above written. . '6' WE. NO. Y.. .AOEL$Otl.. .' -~ l L b.tt1tl (bQ~.d4'- CERTIFICATE I I, the undersigned, Secretary of Preferred Natlonallnsu~ance Company, do hereby certify that the original Power of Attorney of which the tore going Is a full, true and correct copy, Is In full force and effect on the date of this certificate; and I do further certify that the President who executed the'sald Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney.in-Fact as provided in Article XI, Section 1 & 2 of the By-I.aws of the Preferred National Insurance CC\lnpany. ,,,..,..., """" . ""1, .", J). \.. J N "'1 This Certificate may be signed by facsimile under and by au~~~~.ll'tfrfCllO~~olutlon of the Board of Directors of Preferred National Insurance Company at a meeting duly called and held on the 11t day rf ,l:li..~fltR;i~""",? \ ~~.O '-"'.'J,"J,. Resolved, Article XI, Section 2, "that the facsimile or mectlD19~I~~~.A~ $I~~~ \f any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of an~r of lft'~uec ~hlhi Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" \ ~ \. 1 988 ./ 0 J . \....... ......~.f . . or. ~. ...."'] .n.n\.O~:.t~' . 23 rd IN TESTIMONY WHEREOF, I have hereunto .uba~rlbed ~~~~~..'cor orate Seal of the said Company, this............................ day of ,...~,<?y.~ml?~!.................:,:.,........., 19.,...~~.......... "J.,,~tf. * ,~,.,;;""'. J1 I~/ -IJ / . ""It'I\\ /::J. /If/~ PNI.PM01 (8198) \ 3: ~ ~:h.i~ ~ 0 r ~'~-m .c ! ,.., +- !ki i ~ ..... ,.