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Coast to Coast Constr. AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND COAST TO COAST CONSTRUCTION & RESTORATION, INC. FOR FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS FOR THE MIAMI BEACH CONVENTION CENTER BID NO. 15-99/00 City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 CITY CLERK I i I ! -7/1 '1 fl AGREEMENT BETWEEN CITY OF MIAMI BEACH AND COAST TO COAST CONSTRUCTION & RESTORATION, INC, THIS AGREEMENT made and entered into this _ day of , 1999, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida and COAST TO COAST CONSTRUCTION & RESTORATION, INC., (hereinafter referred to as Contractor), whose address is 613 South 21st Avenue, Hollywood, FL 33020. SECTION 1 DEFINITIONS Agreement: City Manager: Services: This written Agreement between the City and Contractor. "City Manager" means the Chief Administrative Officer of the City. All services, work and actions by Contractor performed pursuant to this Agreement and as specifically described in the Bid Documents herein. Bid Documents shall mean; a) Invitation to Bid No. 15-99/00, Furnish, Bid Documents: Install and Maintain Freight Doors for the Miami Beach Convention Center, issued by the City, in contemplation of this Agreement, together with all amendments, and b) the Contractor's proposal and response (Proposal) which is incorporated by reference in this Agreement and made a part hereof. SECTION 2 SCOPE OF WORK The scope of work to be performed by Coast to Coast Construction & Restoration, Inc., is set forth in the Bid Documents. Bid #415-99/00 City of Miami Beach 2 SECTION 3 COMPENSATION 3.1 Fees Owner shall pay Contractor for performance of the Work in accordance with the Bid Documents in current funds at the unit prices presented in the Bid Proposal, attached to this Agreement. 3.2 Method of Payment Payment shall be made within thirty (30) days of submission of invoices to the ordering City agenCIes. SECTION 4 GENERAL PROVISIONS 4.1 Responsibility of Contractor With respect to the performance of the Services, Contractor shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, Contractor shall comply with all applicable laws and ordinances, including but not limited to, applicable regulations ofthe City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. 4.2 Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. Bid #415-99/00 City of Miami Beach 3 4.3 Duration and Extent of A2reement The term of this Agreement shall be for a period of five (5) years from the date of execution of this Agreement. 4.4 TERMINATION 4,4,1 Termination for Cause If Contractor shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate this Agreement. Prior to exercising its option to terminate for cause, the City shall notify Contractor of its violation of the particular terms of this Agreement, and shall grant Contractor seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days notice, may terminate this Agreement. 4.4.2 Termination for Convenience of City Notwithstanding Section 4.4.1, the City may, for its convenience and without cause, terminate this Agreement at any time by giving written notice to Contractor of such termination, which shall become effective thirty (30) days following receipt by Contractor of the written termination notice. 4,5 Performance and Labor and Material Payment Bond 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 of25 percent of the Annual 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. Bid #415-99/00 City of Miami Beach 4 4.6 Insurance The Contractor, at all times during the full duration of work under this contract, including all extra work in connection with this project maintain Insurance as required in the Bid Documents. 4,7 Equal Emplovment Opportunity In connection with the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4.8 Entirety of A!!reement This writing and all exhibits hereto embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The exhibits and the Bid Documents are hereby incorporated by reference into this Agreement. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach. 4,9 Indemnification Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from Bid #415-99/00 City of Miami Beach 5 the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its employees, agents, sub-consultants, or any other person or entity acting under Contractor's control, in connection with the Contractor's performance of the Services pursuant to this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (I %) of the total compensation to the Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's Indemnity Agreement. The Contractor's obligation under this subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.10 Limitation of City's Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $5,000, less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $5,000, which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action of claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Bid #415-99/00 City of Miami Beach 6 4.11 Assi2nment. Transfer or Subcontractin2 The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City. 4.12 Notices All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Contractor and the City listed below or may be mailed by registered mail, postage prepaid. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONTRACTOR: Coast to Coast Construction & Restoration, Inc. 613 South 21 st Avenue Hollywood, FL 33020 Telephone (954) 920-3900 TO CITY: City of Miami Beach Attn: City Clerk 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7411 WITH COPIES TO: Office of the City Attorney Attn: Murray H. Dubbin City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Bid #415-99/00 City of Miami Beach 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: :Jik~'\ p~ City Clerk By: CITY OF ~1MI BEACH, FLORIDA ~ J/~~ , Mayor FOR CONTRACTOR: ATTEST: c 0 j-'~ tv ..../- Secret J-- By: ......---'.--.' // / , Corporate Seal APPROVED I>S TO t~'OI~M & LANGUAGE & fOR EXECUTtON ~~1~ 0(<' Bid #415-99/00 City of Miami Beach 8 I, CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 I I I I I I I I I J I I I I J I J m COMMISSION MEMORANDUM NO. ~ TO: Mayor Neisen Kasdin and Members o(the City mmission DATE: November 17, 1999 FROM: Sergio Rodriguez City Ma!lager SUBJECT: Request for A roval to Award a Contract to Coast to Coast Construction & Restoration, Inc., in the Amount of $49,750, Pursuant to Bid No. 15-99/00 to Furnish, Install and Maintain Freight Doors at the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOP A). ADMINISTRA TION RECOMMENDATION Authorize the award. BID AMOUNT AND FUNDING $49,750 Funds are available from the Convention Center Capital Account Number 441-2196-069358. ANAL YSIS This Invitation to Bid was issued on September 15, 1999, with an opening date of October 8, 1999. A mandatory Pre-Bid Conference and Site Inspection were held on September 22, 1999. Two- hundred-twenty-three (223) notices and four (4) specifications were issued, resulting in the receipt of one (1) responsive bid. The purpose of this Invitation to Bid is to replace two (2) freight doors at the Miami Beach Convention Center which are nearly thirty years old, and three (3) freight doors at the Jackie Gleason Theater of the Performing Arts (TOP A) which do not currently meet the required hurricane code. Additionally, twelve (12) doors that currently work with a manual crank, will be upgraded with the installation of motors which will eliminate the current safety hazard and constant door repairs. The Contractor will provide maintenance for these seventeen (17) doors, along with an additional twenty (20) interior doors located throughout the Miami Beach Convention Center. The maintenance for these thirty-seven (37) doors will include, but not be limited to: balancing, leveling, lubrication, tension spring adjustment, adjustment of rails, and any/all maintenance required for the proper and safe function of all doors, for the first year of the contract. AGENDA ITEM DATE 3 " . '.'!~:::;":'~~:;~~;~~~ c. ~:~i~: ,:i~"':".i:,:'7 Bid N 0: 15~99/00 Page Two ... November 17,1999 ANALYSIS (Continued) At the conclusion of the first year of the contract, the contractor will provide a five (5) year Maintenance Agreement for all thirty-seven (37) doors for $4,625 per year, plus any/all required prrts and supplies, which the contractor will provide at 15% above their cost. The City Commission should authorize the award of this bid to the sole responsive, responsible bidder, Coast to Coast Construction & Restoration, Inc. BID TABULATION VENDOR LUMP SUM MAINT. AGREEMENT PARTS & SUPPLIES (per year, for 5 years) (at % above vendor cost) Coast to Coast Construction $49,750 $4,625 15% ~ ~~ rue' SR/~;f)+/MR/je 4 .. ...~~:.. .~"....;. I - I II I I I I IJ I I I I I I I I 11 I .1 'J FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A) --) Bid #15-99/00 Proposal Page 1 of 2 We propose to the City of Miami Beach in accordance with Bid Specifications to, Furnish, Install and Maintain Freight Doors at the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOP A) as follows: LUMP SUM: $ 49,750.00 FIVE (5) YEAR MAINTENANCE AGREEMENT: (to be provided semi-annually) plus parts $ 125.00 ea door /annually. Hourly rate for straight time repairs: (Section 2,22) $ 40.00 /hour Hourly rate for overtime repairs: (Section 2.22) $ 60,00 /hour Repair Parts and Supplies not covered by Warranty and/or Maintenance Agreement, supplied at 15 % above vendor cost: Response time for technician to arrive at site and repair or provide replacement unit: 2-4 Minutes/Hours Payment Terms: 2%/10 EOM. If other specify here 2.5%/10 days BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 27 .,'") FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOPA) Bid #15-99/00 Proposal Page 2 of 2 ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED P ART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Jim Wahl (I certify that I am autho s proposal and commit the bidding firm) COMPANY NAME: SIGNED: NAMEffITLE(Print): Motti Levi - President ADDRESS: 613 South 21st Avenue ,) CITY/STATE: Hollywood, FL 33020 ZIP: TELEPHONE NO: (954) 920-3900 FACSIMILE NO: (954) 920-0138 ,) BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 28 ~ At~t.lrl.~ WCEBiliIEI€t4mE~QE}~gl~Il!I~(&INSltl~GE;~~~~';\" ~ ;.~, " D~i~:DNY) ~, '," ...__._..........J~.,~;...~......'-.1L._:J:!_~~..u.~.~...L..-<<.u~~...._...,;...i.." ....,....~~ .~~ .~..... 1. ,. ,~...~ ":.' " . .;~::.:,l.; 'PROOUCER THIS CERTlACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlACATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE :>RAlINSURANCE AGENCY jo1 University Drive Suite 204 Coral Springs FL 33065 COMPANY A UNITED NATIONAL INS. CO. INSURED Coast To Coast By Levl,lnc./Coast To Coast Consb'. & Restoration Inc. 613 South 21st Avenue Hollywood FL 33020 COMPANY B COMPANY C COMPANY D CO.YERAG~SJ~I~~!,,~~~~"~~;,!t~i.~1;~);~~'\~~{~~?l~~~~t~~~'.~,'~~~,;~j~i;.~tnt'f&t$.t{;~t~!!~~'k!~~':~4~!-;~;.~:~~~~~~{~:~1>:~~:>";'~,,~t." ~,-' . . "~'. " J1_'>~.~_ ..._...-'~::"_:~..'::::.:.:..2i~:..2: -'THisisT6 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LlR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE DA 1C (MMIDDNY) 12/11/98 POUCY EXPIRATION DA 1C (MM/DDNY) 12/11/99 L7119708 07/30/99 12/11/99 UMrrs GENERAL AGGREGATE S 2,000,000 PRODUCTS. COM PlOP AGG S 1,000,000 PERSONAL & ADV INJURY S 1,000,000 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (Anyone fire) S EX,CLU,DED MED EXP (Anyone person) S EX,CLU,DED COMBINED SINGLE LIMIT S 1,000,000 A ~ERAL LIABILITY X COMMERCIAL GENERAL LIABILITY ~:: I CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTOR'S PROT X INDEPENDENT CCl'-lTRACTffiS X CCl'-lTRACTUAL A ~OMOBILE LIABILITY ANY AUTO - '_ ALL OWNED AUTOS I SCHEDULED AUTOS ...,...,.. HIRED AUTOS ~ NON.OWNED AUTOS L7119708 """,. BODILY INJURY S (Per person) BODILY INJURY S (Per accident) PROPERTY DAMAGE S AUTO ONLY. EA ACCIDENT S OTHER THAN AUTO ONLY: :'IY:'~:,',i\ " . ,. . ~'I' " .~ . ," EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 s GARAGE LIABILITY - _ ANY AUTO \' f1 ~A ~ V J \ V \ · ~ A EXCESS LIABILITY h- UMBRELlA FORM 11 OTHER THAN UMBRELlA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY XTP591172 12/11/98 12/11/99 THE PROPRIETOR! PARTNERSlEXECUTIVE OFFICERS ARE: OTHER RINCL EXCL I WC STATU. I IUFI~-,.,-:,:~:...,,:.: "':'~ ,,';;. EL EACH ACCIDENT S EL DISEASE . POLICY LIMIT $ EL DISEASE . EA EMPLOYEE S DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS C~E1Q^1Elli9LDER~]iiif!.'~~l~11t,~':""''i~!1~':f1~4;:'>:~~~h~,I1?...C^NCELl!J.I1QN~~\'.V,;~J;;:'.~~ :.::~... _ ,_ ..~'~:C,,;.-;',;~ .'.;~_::"L~~, 'l':~~'~],~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE S A ~ l E EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ) . M "'" .., ,.." mE CO","'. "' ""'" '" """"E'"""" "'ACPAD)25;S,(1J95)~l,f.V.".c" . ,:"'.~;i.''''liiWl' ";i"~''''~W.I)~';:''~l;;~;;;:::~;''~' ./~~,;;;~~~~~".., ','. Certificate of Insurance F.S~A. GROUP, INC. Issue Date: (MMlDDNY) 8/ 4/99 li .S.A Group 1.999 NE 1918t. St. Suite 709 ~ventura,F1. 33180 Coast to Coast Construction & Restoration, Inc. 613 S. 21st Ave. Hollywood, FL 33020 Company Letter A Legion Ins. Company Letter B Type of Insurance General Liability Commercial Uability Claims Made 0 Occurrence OMlers & Contractors PrcXective All Limits in Thousands $-- $ $ $ $ $ Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-ONned Autos Garage Liability ~ CSL $ Bodly InjlS)' Per' Per'son $ Bodly InjlS)' , Accident $ Property Damage $ Each Occurrence Aggregate other Than Umbrella Form $ Each Accident) (Disease- Policy Limit) (Disease- Each Employee) A Workers' Compensation And Employers' Liability WC2-0111948 1/26/99 1/26/2000 Statutory $ 100 $ 500 $ 100 other D :!SCription of Operations! Locations! Vehicles! Restrictions! Special Items ,':-r~f,Yf~~~~~~~~:~~~~~~~~~~~~-~::':~~,~~~.~r~~;~~~;:~ . . ........... ~.. ."'. ..... . ,,-,.~.., ",,,..._,,,,~,.~~ ,_......._" ""'-U~''''''''''''~ ""..,,......-....-........ ; "',.:1 )SAM~LE SHOULD ANY OFTHE ABOVE DESCRIBED POUOES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COVIPANlES IMLL ENDEAVOR TO SEND 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OF UABlL- . ITY OF AN'{ ~ND ~..COVIPANYIITS AGEN!S OR RE~ESENTATJV~~_ Authorized Representali . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document 1U10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we . IHe,.. ,n...n full n.me .nd .dd,.... or 'epl Iille 01 Contractor! COAST TO COAST CONSTRUCTION & RESTORATION, INC. as Principal, hereinafter called the Principal, and The Mountbatten Surety Company, Inc. lH_ insert lull name ond odd'~1 or lepl litl. of Surwlyl a corporation duly organi.zed under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto lH.,. iftMft full na.... ~ odd'~J 0' lepl lill. of Own." City of Miami Beach as Obligee, hereinafter called the Obligee, in the sum of One Thousand and No/IOO Dollars ($ 1,000.00 ), for the payment of which sum well and truly to be made, the said Prindpal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the PrindpaJ has submitted a bid for IH_ illMft lullrwne. address ud description 01 project) FURNISH AND INSTALL MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER; PROJECT NO. 15-99/00 (FIVE YEAR MAINTENANCE CONTRACT) NOW, THEREFORE, if the Oblilee shAn ACcept the bid of the Princi~1 And the Princi~1 shAll enter inlO A Contract with the Oblilee in iccordince with the terms of such bid, ind aM sud! bond or bonds is may be specified in the blddlns 0' Contract Documents with good And sufficient surety far the fAithful perlarrNnCe of such Cantlact and for the prompt payment of labor ind material fumished in the prosecution thereof, or in the evwnt of the failure of the Prind~1 to enter such Contnct and give such bond or bonds, if the Princi~1 shan ~y to the ObJiIft the diHerence not to exceed the penalty hereof between the imount specified in said bid ind such larler Amount for which the ObJisee JNy in sood faith contract with another party to perform the Work covered by said bid, then this obIiption shall be null ind void, otherwise to rerNlin in full force and effect. Signed and sealed this 8th day of & I Mor The I Charles J. 19 99 ) ~C0-\ / (~al) Attorney-in-Fact AlA DOCUMENT AJ1. . 810 IIONO . "IA e, FEIIllUARY 1970 EO . THE AMUlCAN INSTITUTE Of ARCHITECTS. 1735 N.Y. AVE.. N.W.. WA5HINGTON, O. C. 20006 , ~ THE IVloUNTBATTEN SURETY COMPA..L'fY, INc. Power of Attorney K:'IOW ALL :\1E;-f BY THESE PRESE."ITS: Th:it Thc Mountba= Surety Company, Inc.. a corporation oithc Commonwcalth ot"Pe::nsyivania.. h:J.S made. constituted and appointed. :II1d by thesc presents does make. constitute 3Ild :qlpoint Charles J. Nielson, Charles D. Nielson, Warren M. Alt~r, Kevin R. Wojtowicz, Roy D. May, Jr., Brett M. Rosenhaus, Donald A. Lambert, Jr., D. M~chael Stevens, Lau~a D. Mosholder, Karen Brooks-Grav and/or Mary C. Aceves all Florida its truc and lawful AttOrncy-in-Fact. to make. e."Cccute and deliver on its bchaifinsuranc: policies. sun:ty bonds, undertakings and other instruments oi a simiiar nature :J.S iollows: ;-f OT TO Exam SIX :\1n.uON DoLl..ARS (5 6.000,000.00) Such insurance policies. surety bonds. undert:lkings and instrUments ior said purposes, when duiy uCC'Jted by the a.ioresaid AttOrney-in-Fact. shall be binding upon the said Corporation:LS fully and to the same extent:LS if signed by the duly authorized officers oithe Corporation and sealed with its corporate se:ll; and ail the acts or said Attorney-in-Fact, pursuant to the authority hereby given. are hereby r:uitied 3Ild coniinned. This appoinanent is made pursuant to the following By-Laws which were duly adopted by the Board oiDircc:ors oi the said Corporation on August 18, 1992 with all Amendments therero and are still in full force 3Ild effect: . Anicle XlI: Policies, Bonds, Recognitions, Stipulations, Consents oi Surety, Underwriting Undc12lcings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents ofsurety and unde:writing undertakings of the Corporation. and releases. agre=1Cl1ts and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf oithe Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the S=my or an Assist:mt Secn:tzty; or b) by :m Attorney-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signalUn:; or c) by such other oflic:rs or representatives as the Board may from time to time determine. The Se:U of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescn'bed in the instrument evideDcing their appointment AIry such appointnJ:nt and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.' IN WITNESS WHEREOF, The Mountbanen Surety Company, Ine. has cwsed thc:sc presents to be duly signed and its corporate se:U to be hereunto affixed and duly attested this 24th day of June, 1998. A_ ~z~ i L Seac=y TB<~c-_'k By: {'I.~. K.cmx:th L Brier, dent . Commonwe:u of Pennsylvania County of Montgomery On this 24th day of June, 1998, before me personally appeared K.cnncth L Brier, President of The Mountbattcn Surety Company, Inc. with whom I am personally acquainted, wl:o, being by me duly sworn. said that he resides in the ColTllJllJllW'Cll o{PennsyInnia, that he is President of The Mountbatten Surety Company, Inc~ the eOrp:lr:lOon de.5Cribed in and which executed the fOl'C1lOing insuumcnt; thac be knows the corpor2tI: seal of the said COll'OfOltion; that the se:Ll affixed to said instrum.:nt is such cOrpor:lte seal; It was so IX . ofsaid Corporation; and that he signed his name thereto as President of said CO~r:ltion by like authority. Notarial Seal An~ T. Sl8wart, Notary Publlc (Se:1I) Lower Menon Twp.. Montgomery County Mv Canmisslon Exnires Aua. S. Nocry Public Member. PannsylVama AssoOlllitljlllk'f"Ul~TE [, the und:rsigned Sc:cret;u-y of The Mountb:uten Surc::y Company, Ine. do hc:rcby certify that the original POwe' oi AttOrney oiwhich the foregoing is a full. true ;md com:ct copy, is in full force and effect on the date of this Ccrtific:ltC and [do further ccrtify tIw the Officer who executed the said Power of Anorney W:\S one oi the Officers ::uthorized by the Board of Directors to :!l'point an Attomey-in-Factas providcd in Section [2-1 of the By-uws orThe Mountbatten Surety Company, Inc. This Cmificatc lIl:lY be signed and sc:lled by facsimile under:lI1d by authority oCthe following provisions oCthe By-uws of The Moumb:!tten Surety Company, Inc.: "Section 12-2. The use of a prinlcd facsimile of the corpor:l[C se:1l of the Corpor:1lion and of the sign:!ture or the Secrecry or an Assistant Secrecry on ;my certification of the correcmess of a copy of an instrument e."Cccuted by an authorized JlCl"Son pw:mant to Amcle XII. Section 12-1 or the By-uws :Ippointing and authorizing an Attomey-in-F:lct to sign in the n:unc and on behalfofthe Corpor:1lion surety bonds. underwnting und=kings. or other instruments described in said Secnon 12-1, with like etTect :LS if such seal and such signature: had been manu:llly alfued and made.. In \vitnes.; Whercol~ I h:lve hereufl,lo set my hand and :Illixed the corpor:lte sol or the Corpor.1Oon to these presents thiS 8th dayor OctOber . 99 ~ . Tili~ power or ~llOmey is only v:llid wllh C #BH="2 053159 :lI1d the origlOal. red scmp :ItTixed hereto. . / 7 /:J.,. .~, ~sr.:ll) ," L / Gary'L. Br:lgg,' ~creury ( (Stamp) ~ XXX 1. ) XXX 2. XXX 3. 4. XXX 5. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits ofliability $ 1.000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Excess Liability - $ .00 per occurrence to follow the primary coverage. 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: I _ Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 _ Protection and Indemnity $ .00 ) _ Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. XXX 8. XXX 9. Thirty (30) days written cancellation notice required. Best's guide rating B+: VI or better, latest edition. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that eviden of this insurance may be required within five (5) days after bid opening. Bidder Coast to Coast Construction & Restoration, Inc, .J BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 14 .) CONTRACTOR'S QUESTIONNAIRE ) NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Coast to Coast Construction & Restoration, Inc. Principal Office 613. South 21st Avenue Hollywood, FL 33020 How many years has your organization been in business as a General Contractor under your present business name? 10 years Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? yes State of Florida occupational license - state type and number: CGCII001615 Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. ) How many years experience in similar work has your organization had? (A) As a General Contractor 10 years (B) As a Sub-Contractor 25 years (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner See attached page Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? no If so, where and why? ------ BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 22 ) Has any officer or partner of your organization ever faikd tu <.;umplt:lt: a wllslruction contr~ct bndled in his own name? no ) If so, state name of individual, name of owner, and reason thereof ----- In what other lines of business are you financially interested or engaged? N/A Give references as to experience, ability, and financial standing What equipment do you own that is available for the proposed work and where located? Fabricating equipment, high lifts, scaffolding, pneumatic tools Located in our warehouse (Hollywood, FL) Financial Statement: Attach latest Financial Statement What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? First Union National Bank } I HEREBY CERTIFY that (SEAL) (SEAL) BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 23 :) ~1 TO Co ~~ CON5~UClIO~ RESTORATION INC STATE OF FLORIDA CERTIF1ED GENERAL CONTRACTOR EX'[ RES1'ORATION . WATERPROOFrNG . PArNTING CGC #001615 EXTERIOR - INTERIOR PRESSURE CLEANING . CARPENTRY CONCRETE RESTORATION. POOL DECK LICENSED . INSURED BONDED , ) 613 SOUTH 21ST AVENUE HOLLYWOOD, FL 33020 BRWD. (954) 920-3900 (954) 920-3909 DADE (305) 933-2164 1-800-669-4599 x...) FAX (954) 920-0138 r:::: , Project Name: Contact: Telephone #: Date Completed: Contract Value: Project Name: Contact: Telephone #: Date Completed: Contract Value: Project Name: Contact Telephone #: Date Completed: Contract Value: Project Name: Contact Telephone #: Date Completed: Contract Value: Project Name: Contact: Telephone #: Date Completed: Contract Value: Project Name: Contact: Telephone #: Date Completed: Contract Value: MAJOR PROJECTS COMPLETED IN PAST FIVE YEARS SOUTH BAY CLUB CONDOMINIUM-Miami Bch., FL Louis Petrole (305)534-0940 Jan. 1998 $1.2 million 100% completed SAN MICHELE @ WESTON APTS.-Weston, FL Ann Henderson - Gables Residential (561 )997-9700 Jan. 1998 $375,000 100% completed LOS PRADOS APARTMENTS-Plantation, FL Gordon Carnes - Niles Bolton Associates (404)365-7600 Oct. 1998 $500,000 100% completed WYNDHAM HOTEL Brad Smith (954) 232-2290 Dec. 1998 $1. 8 million 100% completed FOUR WINDS CONDOMINIUM William Cash - Atlantic Group Management (305)945-7700 Feb. 1999 $450,000 100% completed EXCELSIOR CONDOMINIUM Robert Duggar (305)593-1141 Aug. 1998 $400,000 100% completed j ~1 TO Co ~~ CON5f~UC110~ RESTORATION INC STATE OF FLORIDA CERTIF1ED GENERAL CONTRACTOR EX'[ RES1'ORATION . WATERPROOFrNG . PArNTING CGC #001615 EXTERIOR - INTERIOR PRESSURE CLEANING . CARPENTRY CONCRETE RESTORATION. POOL DECK LICENSED . INSURED BONDED 613 SOUTH 21ST AVENUE HOLLYWOOD, FL 33020 BRWD. (954) 920-3900 (954) 920-3909 DADE (305) 933-2164 1-800-669-4599 ) FAX (954) 920-0138 , Project Name: Description: Amount: Address: Contact: Completion Date: Project Name: Description: Amount: Address: Contact: Completion Date: PrOject Name: Description: Amount: Address: Contact : Completion Date: Project Name: Description: Amount: Address: Contact: Completion Date: WORK IN PROGRESS Fire Station No. 2 CITY OF MIAMI BEACH hose tower renovation, concrete and structural repairs $175,000 Miami Beach, FL Procurement Division (305)673-7490 Jan. 30, 2000 Boardwalk Deck Installation CITY OF MIAMI BEACH three city blocks of boardwalk deck installation $75,000 Miami Beach, FL Procurement Division (305)673-7490 Nov. 30, 1999 Ocean Front Park CITY OF SUNNY ISLES New park with Pavillion Observation Deck and extensive landscaping $750,000 17425 Collins Ave. - Sunny Isles, FL 33160 Mr. T (305)947-0606 Dec. 15, 1999 Torremar Condominium concrete restoration, build & install rails, balcony slabs $250,000 985 S.E. 19th Ave. - Deerfield Bch., FL 33441 Judy Fuller, President (954)427-2422 Aug. 25, 1999 ._~) ~1 TO Co 8 CON5f~UClIO~ RESTORATION INC STATE OF FLORIDA CERTIF1ED GENERAL CONTRACTOR EXl' RESTORATION. WATERPROOFrNG . PArNTING CGC #001615 EXTERIOR - INTERIOR PRESSURE CLEANING . CARPENTRY CONCRETE RESTORATION. POOL DECK LICENSED . INSURED BONDED 613 SOUTH 21ST AVENUE HOLLYWOOD, FL 33020 BRWD. (954) 920-3900 (954) 920-3909 DADE (305) 933-2164 . 1-800-669-4599 ._) FAX (954) 920-0138 , Coast to Coast Work in Progress Page 2 Project Name: Description: Amount: Address: Contact: Completion Date: Project Name: Description: Amount: Address: Contact : Completion Date: Project Name: Description: Amount: Address: Contact : Completion Date: Project Name: Description: Amount: Address: Contact: Completion Date: Project Name: Description: Amount: Address: Contact: Completion Date: Hamilton House cathodic protection, concrete restoration, elastomeric coating to exterior and sheer walls $350,000 1213 S. Ocean Blvd. - Delray Bch., Fl33483 Jim Eifler, Project Manager (561)252-1409 Oct. 20, 1999 Surf Club Condominium structural modifications to front of building $125,000 9133 Collins Ave. - Surfside, FL 33140 Buster Cash (305)945-7700 Sept. 1, 1999 The Pointe at Pompano Beach interior & exterior waterproofing and painting $350,000 2880 N.E. 14th St. - Pompano Bch., FL 33062 Mr. Green (954)946- 3666 Aug. 30, 1999 Windsor Park Apartments interior & exterior painting, iron/metal work $250,000 1389 Summit Pines Blvd. - W. Palm Bch.,FL 33415 Phil Hymerman (561)683-8525 Oct. 1999 Courtyards of the Grove Condominium concrete restoration, restoration of pool deck, restructure front entrance to building $95,000 3240 Mary St. - Coconut Grove, FL Ed Richards ((954)467-7253 Oct. 1999 ~._~) --) :~..).. ...,'. 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. I) 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. 15-99/00 DATE: 9/9/99 South Bay Club Condominium Miami Beach, FL 800 West Avenue Louis Petrole CONTRACT AMOUNT: $2 million (305) 534-0940 Westin Hotel Miami Beach, FL 4833 Collins Ave. Brad Smith CONTRACT AMOUNT: $2 million (954) 232-2290 San Michele @ Weston Weston, FL 1343 San Michele Blvd. Ann Henderson CONTRACT AMOUNT: $500,000 (561) 997-9700 Manatee Condominium Surfside, FL 9273 Collins Ave. William Cash CONTRACT AMOUNT: $500,000 (305) 945-7700 CITY OF MIAMI BEACH 24 . .)' INVITATION TO BID FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER r". T"' """~~T"' nE n ~ r". n ~ 1~~ T r--; .. n,.,..,,, ,,,.-, ~ p l '\ v.c 1. LLC.I r ft.f'1 V.Klt 1.1' \.J 1-\..K 1. ~ ~ 1. V A) BID # 15-99/00 BID OPENING: OCTOBER 8, 1999 AT 3:00 PM Michael A. Rath, CPPB, Procurement Director City of Miami Beach - Procurement Division 1700 Convention Center Drive Miami Beach, FL 33139 BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH PROCUREMENT DIVISION INVITATION TO BID NO. 15-99/00 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 TELEPHONE: (3051 673-7490 SUNCOM: (305) 933-7490 FAX. (325) 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 8th day of October, 1999 for: FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOPA) 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 Mandatory Pre-Bid Conference/Site Inspection has been scheduled for 10:00 a. m. on September 22, 1999 at the Miami Beach Convention Center, 4th Floor Executive Office, located at 190 I Convention Center Drive, Miami Beach, Fl. Specifications may be obtained upon request from the Office of the Procurement Director, telephone number 673-7490, Bid Clerk. A Bid Bond or Cashier's Check in the amount of $1 ,000 will be required The successful bidder will be required to furnish Performance and Payment Bonds, each in the amount of $1 0,000. 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 proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH .'" Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by mail or facsimile to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (305) 673-7851. The bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. The City of Miami Beach reserves the right to accept any 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 Bffich may reject any and all bids. CITY OF MIAM~ACH llJ---A- (~ ~ cO___ Michael A. Rath, CPPB Procurement Director MR:je BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 1 FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A) Bid # 15-99/00 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: Original copy of Bid Form as well as any other pertinent documents must re 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 Fonn. 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 pennitted. If a correcion 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 lOnn, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning original copy of Bid Fonn, 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 arespondent, 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 finn 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. AI prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt paymmt. A ward, if made, will be in accordance with tenns and conditions stated herein. Each item must be bid separately and noattempt 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 detennination of award of bides). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Taxand Use Certificate Number is 04-00097-09-23 BID NO. 15-99/00 UA TE: 9/9/99 CITY OF MIAMI BEACH 2 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shippedas a result of this bid shall be the latest new and current model offered (most current prodLCtion 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 item; 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 equiprrent or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endcrsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intentto quote an alternate brand or model number, the bid will be considertd as a bid in complete compliance with the specifications as listed on the attached form. 1.11 (NOT USED) 1.12 (NOT USED) 1.13 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item deli\ered. not conforming to specifications. may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Anyincrease 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. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 3 1.14 SAMPLES: Samples of items, when required, must be furnished free of expense arid, 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 mu~ be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.15 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in ~:::":I1Jar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.16 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions ard 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 Commisson 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 groupof 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 ONL Y". 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. I.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. (fthe 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 PA YMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and 6und 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 buyll' shall be final and binding on both parties. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 4 1.24 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affed the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from respalsibility. 1.25 (NOT USED) 1.26 (NOT USED) 1.27 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented. or unpatented invention, process, orarticle 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 mutuaIy 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 sheil 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 inadequacie; to comply with these requirements shall be bome 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 ExecutiveOrder 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 languag: 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 constructim of any sU[lplies. 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 workmansh ip. 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 BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 5 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 nsult of his or her bid. 1.35 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions After acceptance of bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions. 1.36 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.37 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procunment Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (I 0) days, recommendation will be made to the City Commission for immediate cancellation. The City Commissial of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.38 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, 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 subititute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be rettrned 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 envebpe with the bid. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 6 1.45 AWARD CHALLENGE: All costs accruing flOm 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 tiled 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) 1.48 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: I f any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a r(I:juest 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, ifmade, will be made only by Addendum duly issued by theCity of Miami Beach Procurement Director. The City shall issue an Infonnational Addendum if clarification or milimal changes are required. The City shall issue a Fonnal Addendum if substantial changes which impact the technical submissim 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 thespace 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 irterest. 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 fucility may be made prior to the award of contract. Bids will only be considered from finns which are regularly engaged inthe 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 term; "equipment and organization" as used herein smll be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as detennined Iy the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifiations and abilities ofa Bidder. including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances. the City mC}' also require material infornlation 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 BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 7 infonnation provided by the source of supply and the information contained in the Bidder's Proposal may rend(f the Bid non-responsive. 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficiert financial support. equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts onprobationary status and implement termination procedures if the City determines that the successful Bidder no longlr possesses the financial support. equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.50 AWARD OF CONTRACT: A) The contract will be awarded to the lowest re~onsive, 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 meetng. 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 9Jbsequent 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 Bidderis 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 10\\est 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 orexcess 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 term shall be concluded upon mmpletion 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 initi<i 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 performance bonds, must be in force for the full period of the option. If the updateddocuments BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 8 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 lo.v bidder or seek a new bid Solicitation. The City may, at its sole option, seek moneta!)' 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 notto exceed ninety (90) calendar days in order to provide City departments with continual serviceand supplies while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right. 1.51 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.52 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permils 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 etTective 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 (NOT USED) BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 9 FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A) Bid # 15-99/00 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, to Furnish, Install and Maintain Freight Doors at the Miami Beach Convention Center and Jackie Gleason Theater of the Perfonning Arts (TOP A), as specified herein, from a source(s) of supply that will give prompt and efficient service. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by the City Commission of Miami Beach Florida, unless otherwise stipulated in the Notice of A ward letter which is distributed by the Procurement Dir<<:tor. This contract shall remain in effect for five (5) years. 2.3 METHOD OF AWARD: 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 PA YMENT: 2.4.\ Installed Equipment: Payment will be made upon final completion of this project. The City will pay the contract price minus any liquidated damages and/or other damages to the Contractor upon final completion and acceptance. 2.4.2 Maintenance: Invoices for payment will be submitted as maintenanace or repairs are completed, for the duration of the contract. Invoices will be subject to verification and approval by the department requesting the service. 2.5 COMPLETION TIME: Completion and Installation shall be achieved 120 days from Notice of Award. 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 Mandatory Pre-Bid Conference/Site Inspection is scheduled for 10:00 a. m. on September 22,1999 at the Miami Beach Convention Center, 4th Floor Executive Office, located at 1901 Convention Center Drive, Miami Beach, Florida. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 10 2.9 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this partiwlar 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 penm 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 Insuranceto meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (seechecklist 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 inconnection with the work. This policy is to provide coverage for premises/operations, incbpendent contractor, broad fonn property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including PDperty Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage 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 Mami 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 Beachas 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+:Vl or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shal 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. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 11 It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to ary insurance or self-insurance the City of Miami Beach possesses that may apply to a bss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the fir~ 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 am hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodly 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 becauseof any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or brough the mere existence of the project under contract". The foregoing indemnity 'l5reement 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 furnisha 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. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 12 Ifbidder does not meet the insurance requirements of the specifications; altemateinsurance 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 suchother insured and that with respect to claims against any insured hereunda-, 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 <rising out of the ownership. maintenance. use, occuJ1lncy or repair of such portions of the prem ises 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. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 13 XXX I. XXX 2. XXX3. 4. XXX 5. 6. XXX 7. XXX 8. XXX 9. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability - $ I .000.000 each occurrence - owned/non-owned/hired automobiles included. Excess Liability - $ .00 per occurrence to follow the primary coverage. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 Thirty (30) days written cancellation notice required. Best's guide rating B+: VI or better, latest edition. The certificate must state the bid number and title 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. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 14 2.10 VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. The successful rroroser(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: I. 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 IlNitation 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 entty, may not submit a bid on a contract with a public entity for the construction or repair of a public buildingor public work, may not submit bids on leases of real property to public entity. may not be awarded or perform workas a contractor, supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with OIly public entity in excess of the threshold amount provided in Sec. 287.017, for CA TEGOR Y TWO for a period of36months 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$I,OOO, 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 $10,000 Performance Bond and Labor/Material Bond. The Performance Bond, Labor/Material Bond can be in the form of a Cashier's Check, made payable to the City of Miami Beach; a bond written by a surety company as specified previously. 2.17 SPOT MARKET PRICING: N/A 2.18 (NOT USED) BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 15 2.19 LIQUIDATED DAi\IAGES: The Bidder agrees to pay the Owner liquidated damages in the amount of$IOO.OO per calwdar day beyond the 120 day completion date. 2.20 DISCOUNTS (From published price lists): PERCENTAGE ABOVE VENDOR COST: Bids for parts and supplies shall be submitted on a percentage above vendor cost. Evidence of said costs shall be slIbm itted with invoice, for each repair or service call. Proof of costs shall be printed, properly identified, and data:! as to issuance and effectiveness. 2.21 ESTIMATED QUANTITIES: N/A 2.22 HOURLY RATE: The hourly rate quoted shall include full compensation for labO', equipment use, travel time, and any other cost to the bidder. The hourly rate quoted shall be for repairs required, that are not covered under the one (1) year Warranty and/or covered under the five (5) year Preventive Maintenance Agreement. Hourly labor rates are specified as follows: Hourly Labor Rate I - hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00p.m. Monday - Friday (rate is to include labor and travel, parts are not included). Hourly Labor Rate II - hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00 p.m., or on weekends or holidays. (rate to include labor and travel, parts not included.) 2.23 WARRANTY: The successful bidder will be required to warranty all materials supplied and all work perfonnedfor a period of one (1) year. Warranty shall be described in detail on the attached Bid Form. 2.24 PRODUCT/CATALOG INFORMATION: All bidders must submit product infonnation on the items they propose to furnish on this bid. Any bid received not containing this infonnation may be rejected for that reason. f catalog numbers shown in this bid are incorrect or obsolete, it is the responsibility of the vendor to update (l' advise the City of this problem. The catalog number YOU show on your bid is the one the City will expect to receive. 2.25 REFERENCES: Each bid must be accompanied by a list of references which shall include the name of the company, a contact person and the telephone number. 2.26 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or pernrming such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. 2.27 FACILITY LOCATION: N/A BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 16 2.28 (NOT USED) 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 specitied work. Evidence shall include all information necessary to certify that the bidder: maintains a penn anent place of business; has technical knowledge and practical experience in the type of equipment included in this scope ofoork; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work;has not had just or proper claims pending against him or his work: and has tested and serviced similar type, size and complexity of such installations The evidence will consist of listing the type of installations, nature of work and number <f units for each of the last five (5) years. 2.29 LATE BIDS: The City of Miami Beach cannot be responsible for bids received after opening time and encourages early submittal. 2.30 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specitications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.31 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Fonn and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Bid Fonn pages and all required submittal infonnation must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.32 MAINTENANCE AGREEMENT: Bidder shall quote on the appropriate space on the Bid Fonn, a five year full service/parts maintenance agreement. This agreement will be accepted at the sole discretion of the City of Miami Beach. Maintenance price shall incluce all parts/labor (including travel time) for the entire systems, specified in this bid. Bidder shall also state response time from time of call for a technician to arrive at site. 2.33 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for thepurpose of establishing minimum requirement of level of quality, standards ofperfonnalce 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 ofperfonnance, 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. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 17 2.34 YEAR 2000 COMPLIANCE WARRANTY: The contractor warrants that each item of hardware, software, and/or firmware delivered, developed or modified under this contract shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sdju~lll,;ing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the item documentation provided by the contractor, provided that all items (e.g. hardware, software, firmware) used in combination with other designated items properly exchange date data with it. The duration of this warranty and the remedies available to the City for breach of this warranty shall be as defined in, and subject to, the terms and I im itations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty I'ovision(s), or in the absence of any such warranty provision(s), the remedies available to the City under this warranty shall include repair or replacement of any item whose non-compliance is dscovered and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit nay rights or remedies the City may otherwise have under this contract with respect to defects other than Year 2000 performance. 2.35 YEAR 2000 REMEDY CLAUSE: In the event of any decrease in hardware or software program functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. 2.36 (NOT USED) BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 18 FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEA TER OF THE PERFORMING ARTS (TOP A) Bid #15-99/00 3.0. MINIMUM SPECIFICATIONS 3.1 GENERAL: The solicitation is for the supply of all labor, material, tools, equipment and supervision necessary to Furnish. Install and Maintain Freight Doors at the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOPA). 3.2 SCOPE OF SERVICES: Contractor shall; Furnish and Install five (5) new doors, with the specified "Motor Type" and "Key Switch". Repair one (1) door, and furnish and install the specified "Motor Type" and "Key Switch". Furnish and Install the "Motor Type" and "Key Switch" specified on the six (6) existing doors. Provide Preventive Maintenance on all thirty-seven (37) doors on a semi-annual basis. BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 19 MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: ROLLING STEEL GAL V ANI ZED DOORS SCOPE OF WORK: Contractor shall Furnish, Install and Maintain Freight Doors at the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOP A) per the following specifications. illY Location Motor Door Key Switch Tvpe 1 A ramp 12' xl2' Motor (H) Maintenance #IKXS 1 A POD II' H x 21'- 6"W Motor (GH) Maintenance #IKXS I A Deco Grille 1 O'H x 18'W N/A Maintenance N/A 1 A Employee Lounge 12' H x 8"W" N/A Maintenance N/A 1 B Grill 10' H x 18"W N/A Maintenance N/A 1 B Ramp 12' x 12' Motor (H) Maintenance #IKXS I B POD 11' H x 21'- 6" W Motor (GH) Maintenance #IKXS I CRamp 12'H x 13'- 6" W Motor (H) Repair Door #IKXS I C Ballroom 12' H x 8' W Motor (MH) New Door #IKXS I C Ballroom 10' - 6" H X 8' W Motor (MH) New Door #lKXS I C Grill 10' H X 28' - 6" W Motor (GH) Maintenance #lKXS I C Grill 10' H x 14' W N/A Maintenance N/A 1 C Grill 10' H x 7' - 6" W N/A Maintenance N/A I C Storage 10' H x 12' W N/A Maintenance N/A 1 POD II' H x 23' - 6"W (B Hall) N/A Maintenance N/A I POD II' H x 23' - 6"W (C Hall) N/A Maintenance N/A 1 D Ramp 12' H x 13' - 6" W Motor (H) Maintenance #lKXS I D Grill 10' H x 14' W N/A Maintenance N/A 1 D Grill 10' H x 28' - 6" W N/A Maintenance N/A I D Grill 10' H x 7' - 6" W N/A Maintenance N/A 5 Paint Shop 12' H x 8' W N/A Maintenance N/A 1 D Mechanic 12' H x 8' W N/A Maintenance N/A I C Dock Storage 8' H x 8' W N/A Maintenance N/A 1 D Paint Locker 8' H x 10' - 6" W N/A Maintenance N/A I D Engineering 12' H x 8' W N/A Maintenance N/A I B Side Stand 10' H x IS' W N/A Maintenance N/A 1 D Side Stand 10' H xiS' W N/A Maintenance N/A 1 Service America 8' H x 8' W (B Area) N/A Maintenance N/A 1 Service America So. Dock (C Area) N/A Maintenance N/A 12' H x 8' W BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 20 MIAMI BEACH CONVENTION CENTER ITEM DESCRIPTION: ROLLING STEEL GAL V ANI ZED DOORS Q!y Location Motor I.Ylli: Door Key Switch TOPA 12' H x 10' - 8" W TOPA 12' H x 10' - 8" W TOPA 12'Hx 10'-8" W Motor (H) IVlotor (H) Motor (H) New Door New Door New Door #lKXS #lKXS #lKXS MOTOR Install (MFG:) Lift-Master (super high quality) door opener motor, (or Equal) Model GH (1 hp), H(3/4 hp) and MH (1'2 hp) 1 15Y and 208/230Y Solid State NEe Class 2 Circuit only. NEW DOOR Install new heavy duty rolling steel, 3" flat slats galvanized, heavy duty rails, chain hoist system (when applicable), hood protector and wind locks. KEY SWITCH Control Key Switch Box (4 switch mechanism) w/STOP device built-in (#IKXS) UL listed & CSA certified. SPECIAL NOTES: All new motors will include balance, level, lube, adjusting tension springs and adjustment of rails, if applicable. Contractors will be responsible for supplying and installing all electrical equipment including submitting electrical permits. MAINTENANCE: All thirty-seven (37) doors will require "PREVENTIVE MAINTENANCE" which will be required on a semi-annual basis. Contractor shall provide, but not be limited to the following; balance, level, lube, tension spring adjustment, rails, and any/all maintenance required for the proper and safe function of all doors. WARRANTY A minimum of one (1) year warranty to require on all new equipment installations. BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 21 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By Principal Office How many years has your organization been in business as a General Contractor under your present business name? Does your organization have current occupational licenses entitling it to do the work contemplated in this Contract? State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor (B) As a Sub-Contractor (C) What contracts has your organization completed? Contract Amt Class of Work When Completed Name/Address of Owner Have you ever had a contract tt:nllinated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? If so, where and why? BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 22 Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing What equipment do you own that IS available for the proposed work and where located? Financial Statement: Attach latest Financial Statement What Bank or Banks have you arranged to do business with during the course of the Contract should it be awarded to you? I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 23 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. I) 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. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH. 24 CONTRACT THIS AGREEMENT made this day of 19_, A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party of the one part, and 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 "FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOPA)" 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 it's heirs, successors and assigns. Neither this agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. 2. The foregoing pages of this booklet, including the Proposal, and the Contract Documents and such alterations as may be made in said Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instrument, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within seven (7) days of the Notice to Proceed and shall complete in a good and workmanlike manner the materials hereinbefore referred to, strictly in accord herewith within 120 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 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. BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 25 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 Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfactorily to said City and until Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid Proposal, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. 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. (SEAL) CITY OF MIAMI BEACH Contractor By (Authorized Corporate Officer) By Mayor ATTEST: Title City Clerk BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 26 FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND .JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A) Bid #15-99/00 Proposal Page 1 of 2 We propose to the City of Miami Beach in accordance with Bid Specifications to, Furnish, Install and Maintain Freight Doors at the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts (TOP A) as follows: LUMP SUM: $ FIVE (5) YEAR MAINTENANCE AGREEMENT: (to be provided semi-annually) $ /annually. Hourly rate for straight time repairs: (Section 2.22) $ /hour Hourly rate for overtime repairs: (Section 2.22) $ /hour Repair Parts and Supplies not covered by Warranty and/or Maintenance Agreement, supplied at % above vendor cost: Response time for technician to arrive at site and repair or provide replacement unit: Minutes/Hours Payment Terms: 2%/10 EOM. If other specify here BID NO. 15-99/00 DATE: 9/9/99 CITY OF MIAMI BEACH 27 FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A) Bid #15-99/00 Proposal Page 2 of 2 ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL 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) NAMEffITLE(Print): ADDRESS: CITY/STATE: ZIP: TELEPHONE NO: FACSIMILE NO: BID NO. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 28 FURNISH, INSTALL AND MAINTAIN FREIGHT DOORS AT THE MIAMI BEACH CONVENTION CENTER AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (TOP A) Bid #15-99/00 BID CHECK LIST To ensure that your bid is submitted in conformance with the Contract Documents, please verify that the following items have been completed and submitted as required. X Original and one copy of bid (including all submittal information) General Conditions Section 1.1 Special Conditions Section 2.31 X Execution of Bid General Conditions Section 1.2 X Equivalents/Equal Product General Condition Section 1.10 Special Conditions Section 2.32 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 Bid/Performance Bond General Condition Section 1.35 Special Conditions Section 2.16 X Warranty Special Conditions Section 2.23 X Product/Catalog Information Special Conditions Section 2.24 X 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. 15-99/00 DA TE: 9/9/99 CITY OF MIAMI BEACH 29 ORDrNANCE NO. 99-J L64 AN ORDfN:-\l~CE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A "CONE OF SfLE~CE" FOR CITY COlvIPETITIVE BIDOfNG PROCESSES, BY AMENDING CR-\PTER 2 OF THE CODE OF THE CITY OF MfAMI BEACH ENTITLED "ADMINISTR-\ TION," BY AMENDING ,-\RTICLE VII THEREOF ENTITLED "STANDARDS OF CONDUCT," BYCREA TING Of\1SION 4 ENTITLED "PROCURElYIENT," BY CREATING SECTION 2-486 ENTITLED "CONE OF SILENCE" BY PROVIDING FOR A DEFINITION, PROCEDURES, AND PENALTIES; PROVIDING FOR REPEALER, SEVER-\BILITY, INCLUSION IN THE CITY CODE, :-\.:'11) AN EFFECTIv"E DATE. \VHEREAS, 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 \VHEREAS, the policy proposed herein recognizes the importance of requi."ing persons or businesses who are part of the City's competitive processes to disclose all communications \\lith the City's professional staff; and \VHEREAS, corrunUI1ications ber.veen elected officials and the City's appointed staff during a competitive bidding process should be in \vriting so that it becomes a part of the public record; and W-HEREAS, the proposed policy protects the rights of individuals to petition their government and their elected ofrlcials: and 'WHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the' Sunshine Law. NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR A~D CITY COMMISSIO~ OF THE CITY OF MIA1Vrr BEACH: SECTION I. S~ction ~--+26. of Division -+ of Article vrr of Chaptd :2 at' the Miami Be::lch City Code is hereby Ci~:lted to re:ld JS folJo\'o's: Article nr. St:lnd:lrds of Conduct * ;< Division.l Proccrremenc Sec. 2--+.%. Cone of Silence .L oorncts for the orovision of ooods and services other than audit r,: .::.: Sc~:or [f.3pC~tor CCl'lcra[ (IPSrC) conrracts. (a) "Cone of Silence" is herebv defined to mean a Drohibition on: (a) anv communication regardin!Z a particular Request for Proposal ("RFP"). Request for ualifications ("RFO" . Re ue t for etters offnterest (" If), r id benveen a potential vendor. service provider. bidder. lobbyist. or consultant and the City's professional staff including. but not limited to. the City Mana!Zer and his or her staff: and (b) an\' communication re~ardin!? a Particular RFP. RFO. RFLL or bid beT:\veen the Mayor. City Commissioners. or their respective staffs. and anv member of the Cirv"s professional staff includin~. but not limited to. the City Mana~er and his or her staff. Not\Vith tandina the foreaoina the Cone of ilence hall not a _ ~ SG competitive processes for the av,,'ard of CDBG. HOME. SHIP and Surta'C Funds administered by the Miami Beach Office ofCorn.rnunirv' Deve!ooment. and communications with the Cirv Attomev and his or her staff (b) Procedure (i) A Cone of Silence shal1 be imDosed unon each RFP. RFO. RFLI. and bid after the advertisement of said RFP. RFO. RFU. or bid. At the time of imposition of the Cone of Silence. the Cicv' Mana!Zer or his or her desi!Znee shall provide for Dublic notice of the Cone of Silence. The Citv Mana!Zer shal1 include in an\" Dl!blic solicitation for goods and services a statement disclosin!? the reouirements of this ordinance. @ The Cone of Silence shall terminate a) at the time the Cit" Mana!Zer makes his or her \vr1nen recommendation as to selection of a . ., rJ~l[liclliar RFP, RFn, RFLf. or hid to the City Commission: DroYideQ. h()\\i~\'a that if th~ (,it-; Cnmmi,,<;inn rd;~r'S rh~ \IJnJ.~er's recommendation hack to the (it\' :lvfan.:1,;er or sw.tf r0r rllrrh~r review, the (nne or" Silence sh:lll he reimllo')ed until ')uch rime J.S the \IJnJ~Ci' mJkes .1 sllh')~que;]r \\Tirren recommend:ltion. or h) in the e\.ent or" cnntrJ.cts for less than S, n.nooo!) \vhe:l the Cit\' :\fJna!;er e'\eclltes the contract. ~ t:\C~2tlons. The nrOV1SIons nr' this nrdinance shall not arml\' to oral c,'nr:t.;nic.J.tinns at rJre-hid cnn fere"c~s. or:}! r'resc:1t:}t!OnS be:ore ,;..::...c::,,,, =,.-:]I'.:J.ti,)r; c,)mmirrees, COn(r.J.C[ :1":.::~::\;,.3 discussions during :1n\' dulv noticed ouhiic :neetin'Z. ouhlic iJresem:ltions m:lde to the Cif\' Commissioners ciurin~ In': duh: nociced ouhlic meetin~, conrr::1ct negotiations with City. staff l~)llowin!? the :l\vard of:m RFP. RFO. RFU. or bid bv the Cirv Commission. or communic:!rions in \vTitincz ar anv time wirh :1nv Cirv employee. official or ",ember ot' the Cit.v Commission. un!~ss soecific::11lv prohibited hv the 2.Dolic::1hle RFP. RF RFU or bid documents. Tne bidcer or omaoser shal! ~!'<::> ::1 C,)o\, or :lnv \vTiITen communic:ltions with the Cin; Clerk. The City. Cl<::>r"-: sh:1lf '112ke cooies ::lv::1iiable to anv cerson upon ,eque:'t. ., .-\,ldi~ .:.~-.: ::-'Sff;. Conrr::1crs. (J) "Cone of Sile:1ce" is herebv defined ro me:m a orohibition on: (a) anv communic::ltir)i1s re,?Jrding ::1 oarticular RFP. RFO. RFLL or bid oerwee:1 a porential vendor. serv'ice provider. bidder. lobbvist. or consultant and the \[avoL City. Commissioners or rheir resoective staffs. and anv member of the Cirv's oror~ssional statf includinz. bur nor limited to rhe City. Manager and his or her staff and (b) anv oral communication re~arding a particular RFP. RF0. RFU. Of !:Jid benveen the Mavor. Ci[\,' Commissioners or their resDecrive staffs and an\' member o( (he Citv's (')ri)fessior.a! staff Including. bur nor limired [0 rhe City. Manager ::1nd his or her staff. ~onvithstanding rhe rore20inQ. rhe C.'ne of Silence shall nor :lDolv ro communic3.tions \vith the C:--J..r::or.1e': a.nd [-lIS or her S t2. IT. (bi Exceot as :Jrovided in subsections ;(C'I and ;(d) hereof. a Cone of Sile:1ce 3;"211 he ;~':'M7: '':':'(,:": eJ.ch R?? R?,) RFU. or bid for aUel( .l..~ ~:-'S~:::: se:-:ices aITer (he 2dverrisemenr Ot- said RFP. RFO. RFLL or bid. Ar the time of (he imD0sition of rhe Cone of Sile:1ce. [he Ci[v Manager or his or he:- Jes:qnee sh2.i! C'ravide tor rhe oubiic notice ofrhe Cone of Silence The Cone of Silence shal! [en7iinJte ',\11-::.: ::..:: c:~. \L.:...:..z.::. .::.:.::.::~t.::.:;..::. ;_.-.::.::,.d.:.. .:.t.:.::: ,;:' :::'S~C ~",H.2C~::1) ar rhe rime rhe Cif'.' Manager makes his or her \.VTiITen recommendation as to the selecrion ora oarticulaf RFP. RFO. RFU. or bid ~o [he Cirv Commission: oroviced. however. thar if the Cirv Commission refers (he Manag-er's recommendation back to the City Manag-er or staff for. .) rilrli1~, r~\.:Cv'/. th~ Con~ ofSi'~nce 'iha/I he reimpo'ied until such time as the \..tam,ra mJ.k~s il . uh'ie uenr ""ritten recnmmend.:uion or h) or in the eVent (1f C(1nrr:lC~_~ tor less thJn 1 n nnn no. vv-hen the Citv Manaaer executes the en nr i:lC [ ~ \',1rl1i:l" c,1nuined h~rein 'ihO-Ilrohihit Jnv hidda or ro nScT Ii) from iilJkin'! Dur-lie rJresenrations Jt du/v noticed ore-hid conferences 0r bdore juh noticed J"::~~::\)r, ev::lIuation committee meetinrrs: (ii'\ from enaa"incr in Cnnti:let :;..::.:: ~ t:~::')1 ,j discussions duri n!2: :lnv d u I v noti ced publ ic meerin!?: (i i i) n-om enC':1!2:1n~ in COntrdct neC!otiations \,\,;th Cirv' staff followin~ the a\vard of .:!n R.FP RFn. RFU. or bid for audit bv the Cicv Commission:or (iv) trom Ci'r.1r.1unic.1tinc: in writin'! \vith .1nv City ~mD'ovee or official tor Dumoses of seei,in'! ci:l,;6c':Hion or O-dditinnJ.1 int;JnT1J.tion from the City or iesDondino- c" rhe Cir,'" reQUeSt for cbrificJ.tion or .1dditional inforTllation. subiect to the ::'rn\islnns ,,;'the JDolicable RFP, RFn, RFU. or hid documents. The bidder "r Droonse:- shall tile ;:t coo v or' anv wrirren communication \vith the Citv Clcd..: T'le Ci~: Clerk shall 'I'.11-.:e cODies aVJ.ibble to the ~eneraI public uoon ;'"eCt~~sr. liD. \'orhin:! c0ntJined herein shaI! orohibit any lobb"isr. bidder. proooser. or nelle:- Dc,s:on nr entit" from Qub/ic/\: addressin~ the Cirv Commissioner~ durin!? Jnv duly noticed oublic meetin~ regarding action on an" audit e-r f:E5f6. cnnrrJC~. The Cirv NfJna~er shall include in Jnv public solicitation for Juditin~ or rrSfG serv'ices a statement disclosing the reouirements of this ordinance. 3. Violations/Penalties and Procedures. r~ ':CC:::or. to th~ vcr:alCJ pri3\'id.:cllfl Sce:tio~ ~ A.n alle'Zed viOlation orthis Section ~ bv a oarricul.ar bidder or oroposer shall subject said bidde:- or Droposer (0 the same procedures set forth in Sections 2-1.57(1) and (]). sha/[ re~aer any RFP award. RFO award. RFU 2.\'/ard. or bid award to said bidder lJr OrG'JOSc:- void~. and said bidder or Droposer shall not be cO!1side:-ed for ar.v ? RF. I or bid f r a contract for the or vi ion of O'oods or ser/ices for a oeriod of one vear.~.nv oerson \'/ho violates a Drovision or this ordir1::l.nce shail be orohibited from ser.:ing on 2. Cirv- ':or;'vc~::i':~ Jc:.:~:ion evaluation commirree. [11 ;:tactition (Q any othe:- DenalLv' oroyided by 12.\v. violation of anv provision of this ordinance bv a Cirv em::)!o"ee shaH subiect said emplovee to c:iisciDiinar; action liD to and includin'Z dismissal. A.dditionallv. any oerson who has ce:-sonal knO\vldze of::. violation orchis ordinance shall reoort such violation ro the State.l.t:ome'.' Jnc,nr rT:J': tile a cOr'::,!3.irH \\'1th the :vriami-Dade Count" Ethics Commission. .:+ SECTION 2. REPEALER. That all Ordinan:es or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVER.-\BTUTY. If any section, subsection. clause or provision of this Ordinance is held invalid.. the remainder shall noe be affected by such invalidiey. SECTION 4. COOTFICA TION. Ie is che 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 part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish 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 16c:h day of January ,1999. PASSED and ADOPTED this 6c:h day of January ,1999. ~J- riUcL- fl41.!/; /Iff MAYOR ATTEST: CITY CLERK ~-' .~~.." ",. l"'UI.,.\.,,,,"'t.ll,(.~,-..-M) APPRO'v'ED AS TO FORM & LANGUAGE & FOR EXECUTION 1sc: reading 12/16/98 2nd reading 1/6/99 5 tI<.~ ~/~9~ n-r": CEC-~2 ~~ 20:17 F~CM: TO:ECNO CO. FRGE:: 12 PERFORMANCE BOND (This bond meets and exceeds the requirements of Florida Statutes Section 255.05) Bond No. CANF-000153-PP STATE OF FLORIDA) 55 COUNTY OF ) Miami-Dade KNOW ALL MEN BY THESE PRESENTS that we, COAST TO COAST CONSTRUCTION & RESTORATION, INC. as Principal, hereinafter called Contractor, and The lliuntbatten Surety Company, Inc. as Sut~ty, ~e firmly bound unt~othe ~~ ~i Beach, Florida, as Obligee, hereinafter called the City, 10 the Pennl sum of ~ Hundred Fifty Dollars ($ 49,750.00 ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, sua:essors 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. 15-99/0Q Entitled, "FURNISH, INSTALL AND HAINIAIN FREIGHT DOORS AT MIAMI BEACH CONvuITrON CENTER" which Contract is made a part hereof by reference thereto. -- - " NOW, THEREFORE, THE CONDmON OF THIS OBUGATION IS SUCH, that, if the Contractor shall well and truly perfonn 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 mad~ 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 tenninated by default of the Contractor, the City having perfanned the City's obligations thereunder, the Surety shall: I. Complete the Contract in accordance with its tenns 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 tenns and conditions, and upon detennination by the City and the Surety of the lowest responsible Bidder, mange for a Contract between such Bidder and the City, and make available as Work progresses (even though there should be a default or a sw:cession 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 Conttact price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set fonh in the first paragraph hereof. lbe term "balance ofw Contract price" as used in this paragraph, shall mean the tOlal amount payable by the City to the Contr.lctor under the Contract and any ame."ldments thereto, less the: amount properly paid by the City to the Contractor. C1TY OF MIAMI BEAGi DEC-02 99 00:17 FROM: TO:BOND CO. PAGE: 13 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 hannless of, from and against any and aJlliability, 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 Subcontrac1ors agents, servants anc.l/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 tenns of the Contract Documents. If no specific periods of warranty are stated in th~ 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 0 f the entire project. I, Any suit on this bond must be instituted within such period or periods as may be provided by law. CJTY OF' MIAMI BEACH DEC-02 99 00:17 FROM: TO: BOND CO. Pl=1GE:: 14 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the 9th day of December \ 19 99 WITNESS: PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) , -' 7 ,; President Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY RESIDENT FLORIDA r{7URE; L '-.(C,(py 01 fe.2umn! License 8S issued by State of Florida Insurance Commissioner Charles J. Nielson SURETY: (Power of Attorney must he attached) CITY OF MlAM1 BEACH CEC-02 59 00:18 FRCM: TD:8DND CD. PRGE: 15 CERTIFICATES AS TO CORPORATE PRINCIPAL I, ~^O~e: (~o.i leh./; , certify that I am the Secretary ofthe Corporation named as Principal in the foregoing bond; that N1.ov--Jo:__h:=f\ LVii who signed the said bond on behalf of the Principal, was then ~ y f 3; i ~ eX\ \ 0 f said Corporation; that I know his si nature, and his si gnature /"1 hereto is genuine; and that said bond was duly signed sealed"artd att d for and in behalf of said Corporation by authority of its governing body. Corporate Seal Secretary MOYl,\cchOi le-vi STATE OF FLORIDA) :is , , J COUNTY OF ) Miami-Dade Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Charles J. Nielson to me well known, who being by me first duly sworn upon oath, says that The Mountbatten he is the Attorney-in-Fact, for the Surety Company. Inc. and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. (Attach Power of Attorney) , 19~A.D. ,""~ GlOria McCl Ie ;..f1Jr *My commissIOn CC8150G "'~~ Expires March 7.2003 -"",1..'- oj. tary Public State ofFlorida-at-Large My Commission Expires:March 7. 2003 CITY OF MIAMI BEACH ~ TEE ~[OUNTBA TTEN SURETY COMPANY. INC. RIDER TO BOND COAST TO COAST CONSTRUCTION PRINCIPAL: & RESTORATION, INC. ENDORSElYIENT NO. 1 OBLIGEE: City of Miami Beach RE : Maintain Freight Doon '@ Miami Beach Convention Center BOND NO.: CANF~00153-PP It is hereby agreed and understood that: This bond is effective from ~mber 9, 1999 to December 9, 2001. l' It is further agreed and understood that this bond is annually renewable for the remaining tenn of this Contract. All other terms and conditions of the Bond(s} remain the saxne. Effective 9th day of December 1991- Signed, Sealed and Dated this ~ Day of December 1991- CZ;;ZIDC Charles J. Nielson ,Attorney-in- Fact .-\CK.'-iO\VLEDGMENT \Ve. hereby. acknowledge the receipt of this rider for the above captioned bond BY Signature Dare j' _...... ._ -.-0-0' _.... _.___..0__ __ .. J ..:t ~/' .,~ .r ~ ~ THE MOUN/BATTEN SURETf COMPANY, INC. Power of Attorney KNew ALL ~"E:-J BY THESE PRESE:-JTS; That The ,\40unmarten Surety Company, Ine.. a corocraoen of :he Commonwe31t.'1 at Pennsyivama. :'a~ ~ace. cenS:Jtuted and aooointed. and by :hese presentS does f!lake. c::~s?tute ,and aopoint C'E:t:::f:s J. N:ie.!s::n. 0Erle5 D. Nlp1crn, ~!"_ ~. Yenn R. ~. Ib1 D. ~,Jr. BrEtt:w!.. R::5aiE.E. D::rB1d A. IaItect. Jr., D. ~ ste.e5. IaJr:a D. ~1~. r.:U:a L.Lia:n its ~rue ane lawrul Attcmey-;n-;3c~afe:: ~~ ~~n~~f~~~~. ~~~nciS. unde/14kings an; ct;er :nslr..:mems ot a similar nature as fellows: .~OT TO :XC:::EO SIX :,uIWOH OOu...o.RS ;S6.000,OOO.00) Sue.., insuran~ polic:es. surety bonds. undertakings and instruments for said purposes. 'Nilen duly exeCJted by the aforesaid Attorney-in-r=ac:. s~a;1 be binding upon :he said Ccrporation as fully and to the same extent as if Signed by the duly ~Uthonzed offi= at :he Corporation and sealed with its corporate seal: and aU the ac:s of said Attomey-in-Fac:. pursuant to the auttlonty hereby gIVen. are hereoy ralified and confirmed. This appointment is made pursuant to the following By-laws which were duly adopted by the Board of OireQ:lrs of the said Corporation on AUglst 28. 1992 with all Amendments thereto and are sliD in full force and effect "Article XII: Polices. Bonds. Re~lions, Stipulations, Conserrts at Surety, Underwriting Undertakings. and Instruments Relating Thereto. Section 12.1. Insurance polices. bonds. reccgriitions. stipulations. consents at surety and underwriting undertakings of the Corporation. and releases. agreements and other writings relating in any way thereto or to any c!aim or loss thereunder. shaJ1 be signed in the name and on behalf at the ~rporation: a) by the Chainnan at the Board. the President or a Vice President, and by lfle Secretary or an Assistant Secretary; or b) by an Attorney-in-Fact for the ~rporation appented and authorized by the ~ at lfle B~. the President, or a Vice President to make SUCl signature; or cJ by ;Uch other officers or representatives as the Board may from time to lime detem1ine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer. A1tcmey-in-Fact or representative. The authority ot such Attorney-In-Fact and Agents shaD be as prescribed in the ins1rument evidencing their appointment Any such appointment and aU authority granted thereby may be revoked at any lime by the Board at Clredcrs or by any per.;on empowered to make such appointment. IN WITNESS WHEREOF, The Moun1baUen Surety Company, Ine. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 24th day ci June, 1998. . ~ t ... ""':?"^""'.....,., "-..., be. Attes, By: 4~ M /""L .. seae~ .......Lk. Notarial Seal Anth~ T. Stewart, Notary Public Lower Menon Twp.. Montgomery ~unty My ~rnrnissicn ExDires Aua. 5. 2002 Memcer. PennsylVania Assccancn ot Nctar:es On this 24th day of June. 1998. before me personally appeared Kennelh L Brier, President ot The Mountbatten Surety Qmlpany, Ine. with whom 1 am personally acquainted, who. being by me duly sworn. said that he resides in the Commonwealth at Pennsylvania. that he is President of The M,?unttatten Surety ~rnp:Jn~'. Inc., the ccrporaticn desoibed in and wtIicl1 execJted the fcregcing instrument; that he knows the corporate seal of the said Corporation: that the :;cal affixed to said instrument is sud1 ccrpcrdte seal: that it was so affixed by order at the Board ot Cireecrs of said CiJrporalion: and that he signl!d h~ name thereto as President ot said Corporation by I~thority. (Seal) ~ 7'-,.~ ~ Notary Public CERnFlC,\ TE I. the undersigned Sec:e~ry of Th~ Mountbatten Surety CJmpany, Ine. do hereby O!f1ify that the original Power ot Attorney of whie.'1 the foregoing is a full. true and correct cccy, is in ilil force ;:lnd effect on the date at this Ccr1ltic:lte and I do funner certify that the Officer who exeC'.Jted the said Power of Attorney was one ai the Cffice~ authonzed by the Board ai Direc:ors to appoint an Attomey-in-fact as provided in Section 1 ::-1 of :he By-l.Jws of The MOUOltlatten Surety C.:Jrnp;:lOY. Ino.. This Ccmtic:ue may be signed Jnd sealed by f:1cszmde under Jnd by authonly of the fcllowing provisions ot :he By-L:lws at The MauOlcallen Surely Company, Ine.; "S~c:lon 1 :'4. The use of a cnnred f:1C::lmde at the c.:rt:or.:lle seal ot the C.JrpOr.:loon Jnd ot :he signature at the Sec:etar'l or In ASSistant Sec~etarf en Jny Ctll1ltic.::uon ur the cerrec:ness at J cocy at In ,nstrument executed by In Juthon;:ea cer.;cn pursuant :0 ,l.rllce XII. Sec::cn 1 :-1 at the By-l:ws Jocalnunq ::me JUltlan;::nq In ..l.llomey-in-FJc: ~o slqn In tJ'le name Jnd on Oen.Jlt at the C.:rt:or.:lucn surety ::onds. underwnting unCer-.zklngs. or o:t1er Instruments uesc:1Cea in S::lld Sec::en 1:-1. Wllh like effec: JS]t sue." se.J1 Jnd SUe.'1 Sll;n.Jrure had ::een m;;nu.Jlly Jrtixed Jnd m.Jce: Cornrnonwealll'l at Pennsylvania County of Montgomery In W~:ness Wherear, : h~e hereunro set mv hJnd Jo,d Jrfixea the c::rt:c~te seJI oi the C.:r;::o~tlcn :0 Ihese aresems :11]S - th:;:;v 'Jr Uecemoer 10Q 'j 7nlS :c'.v"r :r :;::.:me'l '~ ,:n1V '/311d '.'11th C.:ce':; -em-ooo 15 J- PP Jnd :he cnc;:nJI. rea stJmo Jrfixed here:c. /f / ./ /~ -- ..--.....- s. --- .~.jrl L. ::c.:;r.g. SecP)OrJ ;t J ,// -';l~'::' ) {StJm=l ,/ ~ COLLINSWORTIL ALTER, NIELSON, FOWLER & DOWLING, INe. Bond No Contractor Name Contractor Address Contractor Phone No. Surety Company Surety Address Surety Phone No. Owner Name ~ "" Owner Address Owner Phone Number BOND DEPARTMENT PUBLIC WORKS BOND ['; CQ:ltPLIA'iCE 'UTII FLORIDA STA TUITS 255.05 (I) (a) CAl'lF-OOO 153-PP Coast to Coast Construction & Restoration, Inc. 613 South 21st Avenue, Hollywood, Florida 33020 (954) 920-3900 The Mountbatten Surety Company, Inc. 33 Rock Hill Road, Bala Cynwyd, P A 19004 (610) 664-2259 City of Miami Beach 1700 Convention Center Drive, Miami Beach, FL 33139 Obligee Name (H contracting entity is different from the owner, the contracting public entity) Obligee Address Obligee Phone No. Contract No..( H Applicable) Project Name Maintain Freight Doors Project Location Bid No. 15-99-00 Miami Beach Convention Center - Furnish, Install and 1901 Convention Center Drive Legal Description and Street Address A Portion of Park East of Bay shore Golf Course & Park South of Canal & East of Washington Avenue, Less Parcel to BPI OR 976-566 & Less Greater Miami Hebrew Academy Per OR 2241-185 Description of Work Freight door installation and maintenance \llnthpr hnn,d nqd"'.''''\ .._ ........"'..,j 4..M..........", tn thill "'I"" __.ron'",." ",. 'In" n..n", n..n.twr.rt~\ fh.., FRONT PAGE DEC-02 99 00:18 FROM: TO: BOND CO. t-'f-i(;:c;,: lb LABOR AND MATERIAL PAYMENT BOND (SECTION 255.05, FLA. STAT.) Bond No. CANF-000153-PP COAST TO COAST CONSTRUCTION & RESTORATION, INC. BY THIS BOND, We, , as Principal, and The Mountbatten Surety Company, Inc. as corporation. as Surety, are bound to the City of Miami Beach, Florida, as obligee, herein called City, in the sum ofS 49,750.00 for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF nlls 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 aJllabor and materials furnished under the contract for the time specified in the contract, then this bond is void, otheJWise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any tormalities connected with the contract or the changes does not affect Surety's obligation under this bond. The provisions of Section 255.05, Fla. StaL, are specifically adopted by reference and made a part hereof for the purposes specified therein. The contract dated by reference. between the City and Principal is made a part of this Bond Claimants are advised Ihat Section 255.05, Fla. Stat., contains notice and time limitation provisions which must be strictly complied with. CITY OF MlAMl HEACH DEC-02 99 00:18 FROM: IU:I::jUNU l.U. r'1-11.:lC.:l( IN WITNESS WHEREOF, the above bOl.1nded parties have caused this Bond to be executed by their appropriate officials of the 9th day of December . 19 99 WITNESS: PRlNCTP AL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) , , Coast.to Coast Constr;{ction & Restorati , Inc. / (Corporate Ycuy(e) ,/ BY ./ j id 1) Mordechai Levi, President PRINCIPAL (If Corporation) , Attest: (Secretary) (CORPORATE SEAL) COUNTERSIGNED BY DENT FLORIDA SURETY: SURETY: opY 41 :Age t's current License as issued by State of Florida Insurance Commi.!i!lioner Charles J. Nielson CITY OF MIAMI BEACH DEC-02 99 00:18 FROM: TO:80ND CO. PRGE: 18 CERTIFICATES AS TO CORPORATE PRINCIPAL I, N\()dH~(,h() i lee}" \ , certify that I am the Secretary afthe Corporation named as Principal in the foregoing bond; that MordfChd i \-CNi who signed the said bond on behalf of the Principal, was then \l reS,: '\ de,f\ -r- 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.~d in behalf of said Corporation hy // / / Secretary Mo'l{)(c,hO'\ LeNi authority of its governing body. STATE OF FLORIDA) ss " '. "COUNTY OF ) Miami-Dade Before me, a Notary Public, duly commissioned, qualified and acting. personally appeared Charles J. Nielson to me well known, who being by me first duly sworn upon oath, says that The Mountbatten he is the Attorney in Fact, for the Surety Company tIne. and that he has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida. "'f'",,, Glorta McClure "6"+ *~ *My CommissIOn CC815O&Z ~'~J' Expires March 7. 2003 December , 19~ A.D. Subscribed and sworn (Attach Power of Attorney) tary Public State of Florida-at-Large My commission Expires: March 7, 2003 CITY OF MIAMI BEACH e THE MOUNTBA HEN SURETY COrvrPANY. INC. RIDER TO BOND COAST TO COAST CONSTRUCTION PRINCIPAL: & RESTORATION, INC. ENDORSEMENT NO. 1 OBLIGEE: City of Miami Beach RE : Maintain Freight Doors @ Miami Beach Convention Center BOND NO.: CANF-000153-PP It is hereby agreed and understood that: This bond is effective from lretember 9, 1999 to December 9,2001. , , It is further agreed and understood that this bond is annually renewable for the remaining term of this Contract. All other terms and conditions of the Bond(s) remain the same. day of December 1992- Effective 9th Signed, Sealed and Dated this ~ Day of December 1992- ntbatten Surety Company, Inc. f!! 7 LL Charles J. Nielson ,Attorney-in- Fact ACKl'fOWLEDGMENT We. hereby, acknowledge the receipt of this rider for the above captioned bond BY Signature Date ~, '. -' i ........ ._..-.... -.... ----...--.- _ 'UI URANCf '-ife:>":7..:~:~.:": ,. Gen.'- L ires . <r>rCP. & CiII. Irs.) ;):.-~.~t--; .0;_',: ,..~.:--' . " 10 .~ "', ~ THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNGW ALL ~EN BY THESe PRESENTS; That The Mounmarten Surety C.::mpany. Inc.. a ~rpor.ation of :he Cammonwe3Jth of Pgnnsvlvania. has mace. constituted and aocointed. and by these presents coes f'!1ake. c::ns?tute .and acooint 0EI:l.e; J _ Nie.!s::n. ClEI:les D. Niplc:rn r W::J::ren M. Al.t:e:'. FelJIl R. ~. R:?! D. M::y,.Jr. Etett M.. R:aeriB..s. D:mJ.d A. IaIi::e!::t. Jr. r D. Mi..c::h:El StE'.eE. I.alIa D. M::Eh::lC.e:'. Iaza L.Lia:n. its :rue ana lawful AttcmeY-in-~ac~a~: ~x~ ~~n~e~f'fHcr~aJJn~, ~~~nds. unden;;kings an; ether insuuments of a similar nature as fOllows: NOT TO ::<CEEO SIX MIILUOH COLLARS ;So,ooo.aoo.oo) Sue., insuranca policies. surety bonds. undertakings and instruments for said purposes. when duly exeC'Jted by the aicresaid Attorney-in-Fac:. shail be binoing upon :he said Carp oration as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal: and all the acts of said Attomey-in-Fact. pursuant to the authority hereby given. are hereby ratified and confirmed. This appointment is made pursuant to the following By~ws whidl were duly adopted by the Board of Direc:ors of the said Corporation on August 28, 1992 with all Amendments thereto and are still in full force and effect "Artiole XII: Policies. Bonds. Recognitions. Stipulations. Consents of Surety. Underwriting Undertakings. and Instruments Relating Thereto. Section 12.1. Insurance polioles. bonds. recognitions. stipulations. consents of surety and underwriting undertakings of the Corporation. and releases. agreements and other writings relating in any way thereto or to any Caim or Joss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chainnan of the Board. the President or a Vies President, and by the Seaelaly or an Assistant Secretary; or b) by an Attomey-in-Fact for the Corporation apllQillted and authorized by the Chainnan of the Board, the President, or a Vies President to make sue.'1 signature; or c) by such other officers or represenialives as the Board may from time to time detennine. ;' The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evidendng their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of DiredDrs or by any person empowered to make such appointment." IN WITNESS WHEREOF, The Mountbatten Surety Company, Jne. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 24th day of June. 1998. . ~ t~ THE~c-_.b& Attes, By: 4 , t-J ~ary L Bra g, Seaelaly Kenneth L rier, ~resident (5, Notarial Seal Anthony T. Stewart, Notary Public Lower Menon Twp., Montgomery C<Junty Mv C<Jmmission Excires Aua. 5. 2002 Memtler. Pennsylvania AssccatlCn at Notar:es On this 24th day of June. 1998. before me personally appeared Kenneth L Brier. President of The Mountbatten Surety Company. Ine. with whom I am pe~onally acquainted. who. being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania. that he is President of The Mountbatten Surety COmp3n\'. Ine., the caporation described in and which executed the foregoing instrument: that he knows the corporate seal of the said Corporation: that the ::ical affixed to said instrument is such corporate seal: that it was so affixed by on:1er of the Board of Diredo~ of said Corporation: and that he signed his name thereto as President of said Corporation by l~thOrity. (Seal) ~ A~ r NotaryPublic CERTlFlCA TE I, the undersigned SeCl'e~ry of The Mountbatten Surety Campany. Ine. do hereby certify that the cnginal Power of Attcrney of whie.'1 the foregoing is a full. true and ccrrect cocy. is in ~il force and effect on the date of this CertiliCJte and I do further certify that the Officer who executed the said Power of Attomey was one or the Cfficer.; authonzed by the Board of Directors to appoint an Attomey.in-Fact as provided in Sec:ion 12-1 of the By-laws of The Moumbatten Surety C.:Jmnnny, Inc. This Cemlic::Jte may be signed Jnd sealed by faCSimile under ::md by authonty of the following provisions cf :he 8y-L:lwS of The Mountbatten Surety Company, Ine.: "Sec:ion 1:-4:. The use of a pnnted faC::lmlle of the coroOr.lte seal of the C.Jrpor.ltlon Jnd of the signature of the SeC'e!;Jry or an Assist::;nt Sec:etary on any certlfiC::Hion oi the correctness of a ccoy oi an Instrument executed by an authonzed cerscn pursuant to Article XII. Section 1 :-1 of the 5y-L:lws aOPclntlng and authon::ng :In Attomey-in-Fact to sign In the name Jnd on benalf ot the C.:rpcr.lticn surety bonds. underwnting unc:ert3klngs. or other Instruments descnbea in SLlld Section 1 :-1. With like ~rfect as If SUCh seJ! and suc." signature had been manuJlly arfixed .Jne mace.- Commonwealth of Pennsylvania County of Montgomery In Witness Whereor. I h~e herel,lnto set my hand aM Jrfixeo :he ccrpor.:Jte seal of ihe C.::r::Cr.ltlcn :0 these present; :hls 9th ']Jvor uecemoer 199 ':J ThiS cower c:r 3t:crne'/ '5 ,JnIV '/::1l1d '.\llth C..:ce':: C~ -000153- PP .1M tne cnCjlnJI. :ed s(Jrr.o arfixed heretc. /f I Z , ~ '-- -'"- ~ ---- . ~Jr/ L. :3c.;;qg. StlCl'P)tlr/ ;t J /// se311 (St3rno) ~