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Home My WebLink AboutPaint at MB Botanical Garden Building ;. ~(t)~ - ;z. t, .J -5-0 tOlfr, - C i (;. PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION #VA-QTIPa-006 QUOTATION DUE: JUNE 16m, 200~6 "'". n - 0 -< 0'\ !.: 0 ;0 - ~,rn ~ ~ () 2: ...... f?' .."7l -< :r:a. - c.n :J: <: c 5 (7) " .. """1 I'\.) '0 (J 0'\ ", CITY CLER\K Brad A. Judd, Property Management Director City of Miami Beach - Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTE NO: V A-QTl.lPa-006 DATE: 06102106 CITY OF MIAMI BEACH 1 CITY OF MIAMI BEACH lQ ... 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov Telephone (305) 673.7000 Facsimile (305) 673.7650 PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTA nON NO: V A-QTIPa-006 Description: This specification covers the pressure cleaning; sutface preparation, repair, caulking, sealing and conventional repainting of the exterior areas of Miami Beach Botanical Garden located on 2000 Convention Center Drive, Miami Beach, FI 33139. Scope ofW ork: The work will include: the application of approved mildewed; and pressure clean the exterior stucco and wood sutfaces; seal the entire exterior stucco sutface; repair damage stucco by patching; derust; and repair any spalling; caulk the perimeter of exterior doors and windows and apply paint as per specifications (colors to be selected by the City). Contractors submitting quotes should examine site and all current Sherwin-Williams painting specifications and base their quotation on existing field conditions, scope of work and proposed renovations. Failure to do so will not be considered justification for additional charges after contract is awarded. Contractors submitting quotes on this Project must include in the quotation price for all necessary labor, materials and equipments necessary for the total completion of the required work, as per specifications provided. The Contractor awarded this contract must be able to pull any/all required permits no later than one (1) week after the contract is executed and approved. A Pre-Bid Conference! Visit has been schedUle for 10:00 a.m. on June 6th, 2006, at the Miami Beach Botanical Garden, located at 2000 Convention Center Drive, Miami Beach, Fl33139. Attendance at this Pre- Bid Conference! Visit is highly encouraged and recommended as a valuable source of information, however it is not mandatory. Quotations will be received until 3:00 p.m. on the June 16th 2006, at the following address: City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, Fl 33139. QUOTE NO: V A-QTlPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 2 '0 The successful Contractor will be required to furnish General and Automobile Liability insurance in the respective amounts of $1,000,000 and include the City of Miami Beach, Florida, as additional insured on the certificate; current Occupational License; and copy of State of Florida Contractor License The City of Miami Beach reserves the right to accept any quotation deemed to be in the best interest of the City of Miami Beach. The City of Miami Beach may reject any and all quotations. -~~~c-<- Brad A. Judd,RP A, FMA, CGC Director, Property Management Division QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 3 Clio-May PAINT CORPORATION PROFESSIONAL PAINTING PROPOSAL 12355 SW 129th Court, Suite 8 Miami, Florida 33186 1-800-624-9371/ Phone: (305)253-7900 Fax: (305) 253-0059 /www.promaxpaint.com ~o-May PAINT CORPORATION PROFESSIONAL PAINTING Bid To: Address: City Of Miami Beach 1245 Michigan Avenue Miami Beach, Florida 33139 786-367-7130 Date: 6-27-06 Proposal # 2711 Phone: Fax: Contact : Email : Viviana Alemany J' ob Name: J' ob Address: Miami Beach Botanical Garden 2000 Convention Center Drive Miami Beach, Florida 33139 Exterior Painting J' ob Description: Scope of Work Surface Preparation Proper surface preparation is the key to a successful paint job. Pro-Max understands that and the following sections outline the specific steps taken to insure a substrate is properly prepared before the painting commences. Mildew Any mildew present on the surfaces to be painted will be treated with a solution mixed 1 part household bleach to 3 parts water. The solution will be applied directly to the mildewed areas. This step is necessary to insure the mildew is killed down to the microscopic spores and will not grow underneath the new coat of primer and paint that will be applied. Pressure Clean To remove loose, peeling, blistering, chalking, or flaking paint the specified masonry, stucco, concrete, wood, or other specified surfaces of the property will be pressure cleaned using a 15-25 degree tip. All pressure cleaners will be rated at a minimum of 4000 psi of pressure. All walkways, planted areas, driveways, etc... will be blown, swept or vacuumed clean of paint chips, stucco, and any other debris that may have come off the walls during the pressure cleaning. Walls that are excessively chalky may be pressure cleaned a second time. All of the concrete floors will be pressure cleaned. Primer/Sealer - Stucco The exterior previously painted masonry/stucco surface of the property will be primed using Sherwin Williams Loxon Masonry Conditioner. The purpose of this material is to bind any light chalk, minor peeling, or any other contaminants still left on the substrate after pressure cleaning to provide a 12355 SW 129th Court. Suite 8 Miami, Florida 33186 1-800-624-9371 / Phone: (305) 253-7900 Fax: (305) 253-0059 /www.promaxpaint.com ~o-Mi> PAINT CORPORATION PROFESSIONAL PAINTING Proposal # 2711 Miami Beach Botanical Center sound surface for the finish coat to adhere. This material may be clear or tinted depending on the color of the finish coat. This material will be applied in accordance with the manufacturer's specifications. Sealer will be applied prior to repairing cracks. Primer - Wood Any bare wood will be primed using an Acrylic Wood Primer. Knots or any other pieces of wood that may bleed through the finish coat will be sealed using a Shellac Sealer. Rotted, checking, termite damaged, etc... wood should be replaced prior to painting. Primer - Metal Any rusted metals to be painted will be prepared by removing any loose or scaling rust and priming with a Industrial Alkyd Rust Inhibitive Primer. Bare galvanized metal will be solvent wiped if new and primed with Galva Grip Galvanized Metal Primer or equivalent prior to the painting application. Aluminum surfaces will be solvent wiped and a DTM Enamel will be applied directly to the metal. Metals that have been previously coated with paint and are in good condition, showing no visible signs of rust will be sanded to de-gloss and remove any minor imperfections prior to the application of the finish coat. Stucco Cracks All loose or broken stucco will be removed. Cracks less than 1/16" shall be filled with a brush grade Elastomeric Sealant. This patch will be feathered smooth to completely cover and overlap at least 2" on each side of the crack. Any loose stucco cracks greater thank 1/16" will be routed out using a mechanical grinder. The crack will be cleaned and filled with a knife grade Elastomeric Sealant. This patch will be featherd smooth to completely cover and overlap at least 2" on each side of the crack. Special attention will be paid to structural cracks particularly cracks between floors. These cracks will be filled with a Urethane Sealant prior to patching with an Elastomeric Sealant. Delaminating stucco will be removed and if rust is present beneath the substrate the metal will be exposed and mechanically ground to remove all rust. The metal will be primed with a Rust Inhibitive Primer and the stucco reapplied to match existing. Delaminating Stucco, if any, is usually not visible prior to pressure cleaning the stucco. The actual amount of delaminating stucco, which may require replacement, cannot accurately be determined until the work is in progress. This proposal includes 100 square feet of this type of repair. Caulk Loose, cracked, hard, or non-flexible caulking will be replaced. The old caulking will be removed and the joint hand tooled clean. A continuous bead of a 55 Year Acrylic Urethane Caulking will be installed to seal up all stucco to metal window joints, stucco to metal or wood door jambs, stucco to stucco joints particularly in stucco bands, and stucco to wood soffets to insure a watertight seal. 12355 SW 1 29th Court, Suite 8 Miami, Florida 33186 2 1-800-624-9371 I Phone: (305) 253-7900 Fax: (305) 253-0059 Iwww.promaxpaint.com ~o-MV PAINT CORPORATION PROFESSIONAL PAINTING Proposal # 2711 Miami Beach Botanical Center Walls and Trim After the proper preparation all of the specified previously painted stucco walls and wood/metal trim throughout the property will be finished with one coat of Sherwin Williams Super Paint Satin Acrylic Paint. This includes the top and backside of the parapet wall if applicable. This material will be applied in accordance with the manufacturer's specifications for a 7 Year Labor and Materials Warranty. Doors and Metal Gates Rusted metal will be mechanically ground to remove any loose or scaling rust. Rusted areas will be spot primed using a Rust Inhibitive Primer. Hardware and hinges will be masked to protect from the paint over-spray. The finish will be applied using Sherwin Williams High Gloss Marine Alkyd Enamel. If possible the doors will be sprayed to achieve a factory finish. Any over-sprayed hardware or hinges will be cleaned upon completion of the project. Warranty - 7 Years Labor & Materials Pro-Max along with our material supplier will provide the property owner/s with a 7 Year Labor and Materials Warranty. This warranty covers any peeling, checking, or blistering in the finish coat of paint caused by either improper workmanship or a defect in the coating. The material supplier will make periodic inspections of the pressure cleaning, priming, patching, and painting of the project. Typically as we complete certain phases of the project we will submit these approvals from the paint supplier along with our invoices to insure the project is being completed per specifications. Wood Coppola The underside of the wood coppola will be properly prepared and repainted with Sherwin William's Super Paint Sa'in. Knots will be repaired, nails removed, and all adjacent surfaces will be protected from overspray. Proposal Includes: All or the work wili be completed in accordance with Sherwin William's factory specifications. All exterior previously painted walls, overhangs the exterior side of the doors, re-varnish the exterior side of the French doors, repair all decorative rotten wood, remove bolts and patch walls on west side, remove vines from the planter area walls inside the interior garden, remove security screens and reinstall, paint the black metal gates on both sides of the building, pressure cleaning all the floors, paint the underside of the wood coppola 12355 SW 129th Court, Suite 8 Miami, Florida 33186 3 1-800-624-937] / Phone: (305) 253-7900 Fax: (305) 253-0059 /www.promaxpaint.com ~o-May PAINT CORPORATION PROFESSIONAL PAINTING Proposal Excludes: Painting any traffic markings, signs, window or sliding door frames. light fixtures, painting floors, permit fees, perimeter fences interior substrates and any other substrate not specified in this Proposal. Proposal Price Breakdown # 2711 Miami Beach Botanical Garden We propose to provide all of the labor and materials for the SU/11 of: Authorized Signature: Total Bid Price: ~~}~ proJMax Paint $22.500.00 Date: !.r- ~- {J L Authorized Signature: Date: Acceptance of Proposal This proposal is valid for a period of 90 days from the date of this Proposal. To accept this proposal please sign and date on the line provided. 12355 SW 129th Court, Suite 8 Miami, Florida 33186 4 1-800-624-9371 / Phone: (305) 253-7900 Fax: (305) 253-0059 /www.promaxpaint.com Qo-M!) PAINT CORPORATION PROFESSIONAL PAINTING WARRANTY Pro-Max and the paint supplier will provide a written 7 year Labor and Material Warranty to the property owner/owners upon completion. The paint supplier will make periodic inspections of every phase of this job. These inspections will be documented by the factory representative and submitted to the building owner/owners in writing. The warranty covers peeling, blistering, checking, and any other defect in the wall coatings caused by improper application or material failure. PAYMENT Pro-Max does not require a deposit to commence work on your project. Pro-Max will submit an invoice, along with a partial release of lien, and a inspection report from the paint manufacturer certifying the work has been completed according to the specifications provided by the manufacturer. Payment is due only after each specified portion of the work is complete and accepted by the owner. TRIMMING LANDSCAPING This proposal does not include trimming the trimming of your landscaping. Please consult with our Projects manager to insure you trim only the necessary landscaping. Typically we need 24" of clearance behind shrubs, bushes, etc... to effectively work on your walls. INSURANCE & LICENSES Pro-Max Carries $2,000,000 in General Liability Insurance, Workman's Compensation Insurance, & Commercial Automobile Insurance. Certificates will be provided upon request. Pro-Max is licensed in Dade, Broward, West Palm, Monroe, Gwinnet, and many other counties across the U.S. A copy of this license should be a part of this Proposal Package. SAFETY Pro-Max holds regular safety meetings as outlined by our workman's compensation carrier. It is our priority to maintain a safe working environment for our customers, employees, and the general public. Pro-Max strives to adhere to all OSHA safety codes and regulations to maintain the safest working environment possible for our employees. SCHEDULING Pro-Max requires a signed Contract to schedule a firm date to commence your project. We take great pride in starting and finishing our projects in a timely manner. It is our goal to finish your project as quickly and as professionally possible. CONTACT If you have any questions please do not hesitate to call Maximilian Tower at 305-253-7900 ext. 104. He will be happy to meet with you or your board anytime to discuss this Proposal. Thank you for the opportunity to repaint your project and we look forward to serving you. 12355 SW 129th Court, Suite 8 Miami, Florida 33186 5 1-800-624-9371 / Phone: (305) 253-7900 Fax: (305) 253-0059 /www.promaxpaint.com Date: 10/3/2006 Time: 2:27 PM To: Diana @ 3052530059 Page: %U ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 4a9 DA lE (MI~IDllIYYYY) PRCtd:-04 10/03/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HBA Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2500 NW 79th Ave. suite 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Miami I'L 33122 Phone: 305-714-4400 rax:305-714-4401 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: scottsdale Insurance CO 41297 Pro-Max paintin, ' INSURER B: wate~f1Dg, nc. INSURER C Max 12355 SN 129th Court, Suite 8 INSURER D Miami I'L 33186 -- INSURERE COVERAGES THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING N-lY REQUIREMENT, TERM OR CONDITION OF N-lY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHI'::H THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXClUSIONSN-lD CONDITIONS OF SJCH POliCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER D~~1riMr&'rWit: TION LIMITS LlR NSRC TYPE OF INSURANCE DAlE IMMllllJJYYl GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - A ~ COMMERCIAl. GENERAL LIABILITY 19337 09/25/06 09/25/07 PREMISES (Ea occurence) $ 500(10 - ~ CLAIMS MACE ~ OCCUR MED EX? (Anyone person) $ 100(1 - PERSONAL & ADV INJURY $ 100(1000 GENERAL AGGREGATE $ 2000000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 100(1000 Xl POLICY n ~f8T n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACODENT $ ==1 ANY AUTO OTI-lER THAN EA ACC $ AUTO ONLY: AGG $ EXCEss/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MACE AGGREGATE $ $ ==1 DEClJCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ~R~ 5J~1ffT lOW EMPLOYERS' LIABILITY ER ANY PROPRIETORIPARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ ~~~MtS~~~v'I~?3~s below EL aSEASE - POLICY LIMIT $ Oll-ER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Painting contractor cBR!1'IrICATI!: HOLDER IS LISTI!:D AS ADDITIONAL INSUEU!:D QUOTATION tv.A-QT1Pa-006 CERTIFICATE HOLDER CANCELLATION CITY or MIAMI BEACH PROPERTY MMmGI'.KI!:N'r DIVISION MIAMI BEACH BOTANICAL GARDEN B I'L CITY -14 SHOULD ANY OF lHE ABOVE DE,SCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAlE lHEREOF, lHE ISSUING INSURER WILL EIC)EAVOR TO MAIL _ DAYS WRITlEN NOTICE TO lHE CERTIFICAlE Hr)LDE~ NAMED TO ll-E LEFT, BUT FAlLLRE TO 1)0 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AJoN KIND UPON lHE INSURER, ITS AGENTS OR REPRESENTATIVES. AUlHORIZ S @ ACORD CORPORATION 1 ACORD 25 (2001108) HBA -- .- -- Date: 10/3/2006 Time: 2:27 PM To: Diana 8 3052530059 Page: c.lU HBA -"~~'~i~....!pIIIIllll1 INS~ CORPORHION, BU'l' COVDACB HAS BEEN APPLIED I'OR AS STAi'ED ABOYI:. ONCE CONI'IRIlA.'1'ION IS RECEIVED ADVISING COVDACB HAS BEEN BOUND, A REVISED CER'J!II'ICA'l'E WILL BE SJ!:N'J!. -, .-, .- ? ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDlVY) 10/02/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE . Summit Global Partners HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 141916 COMPANIES AFFORDING COVERAGE . Coral Gables, Fl 33114-1916 COMPANY (305)669-6000 A Bridgefield Casualty Insurance Co. INSURED COMPANY MAXIMILIAN M. TOWER & B PRO-MAX PAINT CORP COMPANY 12355 SW 129TH CT. SUITE 8 C MIAMI, FL 33186 COMPANY I D CoVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HA VE 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 'TYPE OF INSURANCE POUCY NUllBER POLICY EFFECTIVE POLICY EXPIRATION L1M1 TS LTR DATE (MMIDDlYY) DATE (MMIDDIYY) ~NERAL UABILlTY GENERAL AGGREGATE $ COMMERCIAL GENERAL UABlLlTY PRODUCT S. COM PlOP AGG $ I CLAIMS MADE 0 OCCUR PERSONAL & AnV INJURY $ OWNER"S & CONTRAClOR"S PROT EACH OCCURRENCE $ - FIRE DAMAGE (Anyone tre) $ MED EXP (Anyone perron) $ AUTOMOBILE UABIUTY - COMBINED SINGLE LIMIT $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (per accident) $ NO N-OWNED AUTOS - PROPERTY DAMAGE $ ~AGE LIABILITY AUTOONLY- EAACCIDENT $ ANY AUTO OTHER THAN AUlO ONLY: - EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ ~ UMBRELLA FORM AGG RE GATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I T'6R~'.fJ~s I IV~.r- A EMPLOYERS' LIAElLITY EIXEACH ACCIDENT $ THE PROPRIETORI R:NCL 19604348 4/01/06 4/01/07 EL DISEASE -POUCY LIMIT $ 100,000 PARTNERSIEXECUTIVE OFFICERS ARE: EXCL EL D1SEASE-EAEMPLOYEE $ 100,000 OTHER 500,000 DESCRIPTION OF OPERATlONSlLOCA TlONSNEIICLESISPECAL ITEMS PAINTING CONTRACTOR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRAlDN DATE TIE REO F, lHE ISSUING COMPANY WILL ENDEAVOR TO M"'L City of Miami Beach ~ DAYS WRITTEN NOTICE TO THE CERnFICATE HOLDER NAMED TO TIE LEFT, Property Management Division BUT F"'WRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABlUTY Q # VA-QTlPa-006 OF ANY KIND ~ON THE COMPANY, ITS AGENTS OR REPRESENTATlVQ. Miami Beach Botanical Garden AIJTHORlZED REPRESENTATIVE I ACORD~54 WIS) <i>ACORD CORPORATION 1888 10/02/2006 13:25 FAX 3053752908 BLDG. CODE_COMPLIANCE Miami-Dade County - Building Code Compliance Office 141 0011001 Page 1 of 1 Address: City, St, Zip: Phone:' D/B/A: Contractor Type Description: Business Type Description: Contractor Status: Temporary License: Last Renewal date: Insurance Expiration Date: Exam or Board Approval Date: Original License Issue Date: Workman Compensation Date: Building Code Compliance Search: ~ itillJIif/JIJJ.lf~ Contractor Number: Contractor name: MIAMI. ... Contractor License Information 94BS00486 PRO-MAX PAINT AND WATERPROOFING CORP 12355 SW 129 COURT UN T #8 MIAMI (305) 253-7900 FL 3:3186 DADE CORPORA TION A N 08/09/2006 09/25/2007 04/01/2007 BCCO Application Menu I BCCO Home Page I State License :)ea!~h Menu II) Home I Using Our Site I About I Phone Directorv I Privacy I Qsclaimer E-mail your comments or questions to BCj;~ .:::;:>t;mm~u~ _lIIl1l11ll!lliiiiNm,""",'" E-mail yourcomments.questionsandsuggestionstoWet.ma~ter This page was last edited on: July 17,2001 Web Site @2001 Miami-Dade County. All rights reserved. http://egvsys.metro-dade.com: 1608/WWWSER V /ggvt/BNZA W941.DIA ?CNTR =94BS00486 10/2/2006 MIAMI-DADE COUNTY TAX COLLECTOR 140 W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 2006 MUNICIPAL CONTRACTOR'S 2007 OCCUPATIONAL LICENSE MIAMI-DADE COUNTY - STATE OF FLORIDA PURSUANT TO DADE COUNTY CODE SEC. 10-24 EXPIRES SEPT 30. 2007 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 LICENSE NO. 30-3417169 CC NO: 94BS00486 BUSINESS NAME I LOCATION THIS IS NOT A BILL-DO NOT PAY PRO MAX PAINT AND WATERPROOFING CORPORATION 12355 SW 129 CT P PROOFING CORP IS HEREBY LICENSED TO DO BUSINESS AS A CONTRACTOR AS SPECIFIED HEREON. SEE BACK OF LICENSE FOR A LIST OF NON-PARTICIPATING MUNICIPALITIES SPECIALTY BUILDING CONTRACTOR Licensee must regisler in the city where work is to be done. PAYMENT RECEIVED MlAMI.DADE CIlTY TAX COUECTOR: 09/28/2006 02210035001 000175['tP:;: :") MIAMI-DADE COUNTY TAX COLLECTOR 140 W. FLAGLER ST. 14th FLOOR MIAMI, FL 33130 DO NOT FORWARD PRO MAX PAINT AND WATERPROOFING CORPORATION MAXIMILIAN TOWER PRES 12355 SW 129 CT 8 MIAMI Fl 33186 i " j i, : : ii !! ! , Ii I" j l! iI" , ii I , I j, I ii L Ii I iL, i L " j " L , j, j I i 2006 OCCUPATIONAL LICENSE TAX 2007 MIAMI.DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 30. 2007 MUST BE DISPLAYED AT PLACE OF BUSINESS PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 -: ,."': " i'.~V RENEWAL LICENSE NO. 341716 - 9 CC' 948S00486 328026-0 BUSINESS NAME I LOCATION PRO MAX PAINT AND WATERPROOFING CORPORATION 12355 SW 129 CT 8 33186 UNIN DADE COUNTY OWNER PRO MAX PAINT &WATERPROOFING COR Sec. Tvr 01 Business 19 SPECIALTY BUILDING CONTRACTOR nus IS AN OCCUPATIONAL TAX ONLY. IT DOES NOT PERMIT THE lICENSEE TO VIOLATE ANY EXlSTING REGULATORY OR ZONING LAWS OF THE COUNTY OR cmES. NOR DOES IT EXEMPT THE IICENS.EE mOM AMY OTHER LICENSE OR PERMIT REOUlRED BY LAW, THIS 1$ NOT A CERT1ACAllON OF THE LIceNSEE'S QUALIFICA- TION. PAYMENT RECEIVED MlAMl-OADE COUNTY TAX COLLECTOR: 08/28/2006 60.0J.o000149 olHRl--,g.OO SEE OTHER SIDE WORKER/S 1 DO NOT FORWARD PRO MAX PAINT AND WATERPROOFING CORPORATION MAXIMILIAN TOWER PRES 12355 SW 129 CT 8 MIAMI FL 33186 'I !i Ii 1'1 I I' 11 I l.q II Ii I ! 'I I i!1!i!:ilHH i!! n IlldlH! 1i t!:!!dIHtl::! !iHdd!1 eTQB Construction Trades and Qualifying Board Qualifying Agent: TOWER MAXIMIUAN MICHAEL Contractor Name: PRO-MAX PAINT AND WATERPROOFING D.B.A.: license No. Exp. Dale: 946500486 II u".:" r tV_ ~ - ~ ~ iii 09/30/2008 qr;;:o F~:~ PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION NO: V A-QTIPa-006 1.0 GENERAL CONDITIONS 1.1 SEALED QUOTATION: Original copy of Quotation Form as well as any other pertinent documents must be returned in order for a Quote to be considered for award. All Quotes are subject to all conditions specified in this Quotation document. The completed Quotation Form must be submitted in a sealed envelope clearly marked to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. Quotation Forms submitted by fax (305-673- 7650) wiD also be accepted. 1.2 EXECUTION OF QUOTE: Quote must contain a manual signature of an authorized representative in the space provided on the Quotation Form. Failure to properly sign the Quotation Form shall invalidate same and it shall NOT be considered. All Quotes must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the quote. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original Quote CANNOT be changed or altered in any way. Altered Quotes will not be considered. 1.3 NO QUOTE SUBMITTED: If not submitting a quote, respond by returning the enclosed Quotation Form questionnaire, and explain the reason. Repeated failure to not quote without sufficient justification may be cause for removal of a Contractor's name from the City's quote mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the Quotation specifications. In case of discrepancy in computing the amount of the Quote, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment. Award, ifmade, will be in accordance with terms and conditions stated herein. Each item must be quoted separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of Quote( s). QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 4 1.5 TAXES: The City of Miami Beach is exempt from all Federal excise and State taxes. State Sales Tax and Use Certificate Number is 23-09-329871-54C. 1.6 MISTAKES: Contractors submitting quotes are expected, and solely responsible for examining the specifications, delivery schedules, quotation prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Contractor's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this Quote shall be the latest new and current model offered (most current production model at the time of this Quote). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Quotation documents, all manufactured items and fabricated assemblies shall be Underwriters Laboratories listed or re-examination listing where such has been established by Underwriters Laboratories for the item( s) offered and furnished. 1.9 WAIVER OR REJECTION OF QUOTATIONS: The City of Miami Beach reserves the right to waive irregularities or technicalities in Quotes or to reject all Quotes or any part of a Quote as it deems necessary in the best interest of the City. 1.10 EQUIVALENTS: If Contractor offers makes of equipment or brands of supplies other than those specified in the Quotations Documents, he must so indicate in its Quote. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Contractors shall formally substantiate and verifY that product(s) offered conform with or exceed quality as listed in the specifications. Contractor shall indicate on the Quotation Form the manufacturer's name and number; if quoting other than the specified brands, and shall indicate ANY deviation from the Quotation specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE QUOTE. NO QUOTES WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the Quote will be considered as having included and taken into account compliance with the QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 5 specifications as listed in the Quotation documents. 1.11 NON-CONFORMANCE TO CONTRACT CONDmONS: Items may be tested for compliance with specifications. Items delivered, not conforming to specifications may be rejected and returned at Contractor's expense. Those items not delivered as per delivery date in Quote may be purchased on the open market. Any increase in cost may be charged against the Contractor. Any violation of these stipulations may also result in Contractor's name being removed from the City's vendor list. 1.12 SAMPLES: Samples of items, when required, must be furnished at Contractor's sole cost and expense. Contractors will be responsible for the removal of all samples furnished within thirty (30) days after Quote opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Contractor's name. Failure of Contractor to either deliver required samples or to clearly identifY samples may be reason for rejection of the Quote. Unless otherwise indicated, samples should be delivered to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City, Monday through Friday, excluding holidays. 1.14 AWARDS: When deemed to be in the best interest of the City of Miami Beach, the City reserves the right to reject all Quotes or any portion of any Quote as it deems necessary; to accept any item or group of items unless qualified by the Contractor; to acquire additional quantities at prices quoted on the Quotation Form unless additional quantities are not acceptable, in which case the Quotation Form must be noted "QUOTE IS FOR SPECIFIED QUANTITY ONLY". 1.15 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 Contractor until acceptance by the City unless loss or damage resulting from the sole negligence by the City. If the materials or services supplied to the City are found to be defective or not conform to Quotation specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return product at Contractor's expense. 1.16 PAYMENT: Payment will be made by the City after the items have been received, inspected, and found to comply with Quote specifications, free of damage or defect and properly invoiced. QUOTE NO: V A-QTlPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 6 1.17 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on all parties. 1.18 LEGAL REQUIREMENTS: Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Contractor will in no way be a cause for relief from responsibility. 1.19 PATENTS & ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City of Miami Beach, Florida, its officer, employees, agent, and contractors, from liability of any nature or kind, including, without limitation, cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the petformance of the Contract, including its use by the City of Miami Beach, Florida. If the Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Quote price shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.20 OSHA: The Contractor warrants that the products supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Contractor. 1.21 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General Conditions of this Quotation shall take precedence. 1.22 ANTI-DISCRIMINATION: Contractor certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.23 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons withudisabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at (305)673-7080. QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 7 1.24 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this Quotation shall be new. The items quoted must be new, the latest model, of the best quality, and highest grade workmanship. 1.25 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Contractor is required to enter or go onto City of Miami Beach property to deliver materials or petform work or services as a result of this Quotation, the Contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami- Dade County and City of Miami Beach Building Code requirements and the Florida Building Code, all as may be amended. The Contractor shall be liable for any and all damages or loss to the City occasioned by negligence of the Contractor, its subcontractors, or any other persons the Contractor has designated in the completion of the Contract as a result of its Quote. 1.26 PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Upon acceptance of Quote, the City will require the successful Contractor to submit a petformance bond and certificates of insurance in the amount specified in the Special Conditions. 1.27 DEFAULT: Failure or refusal of a Contractor to execute a Contract upon award, or withdrawal of a Quote before such award is made, may result in fotfeiture of that portion of any surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a Contract, as described above, may be grounds for removing the Contractor from the City's vendor list. 1.28 CANCELLATION: In the event any of the provisions of this Quote as per the Contract are breaked by the Contractor, the Property Management Director shall give written notice to the Contractor stating the deficiencies, and unless such deficiencies are corrected within ten (10) days, recommendation will be made for immediate cancellation. Additionally, the City reserves the right to terminate any Contract resulting from this Quotation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.29 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the attention of: City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, Florida 33139. 1.30 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. QUOTE NO: V A-QT1Pa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 8 1.31 SUBSTITUTIONS: The City WILL NOT accept substitute shipments of any kind. Contractors are expected to furnish the brand quoted in their Quote. Any substitute shipments will be returned at the Contractor's expense. 1.32 FACILITIES: The City reserves the right to inspect the Contractor's facilities at any time with reasonable prior notice. 1.33 QUOTE TABULATIONS: Contractors desiring a copy of the quote tabulation, may request same by enclosing a self- addressed stamped envelope with the quote. 1.34 CLARIFICATION AND ADDENDA TO QUOTE SPECIFICATIONS: Any Contractor contemplating submitting a Quote who is in doubt as to the true meaning of the specifications or other provisions in the Quotation documents, must submit to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida, 33139 (or fax (305)673-7650), at least two (2) calendar days prior to scheduled Quote opening, any written request for clarification and/or interpretation. All such requests must be made in writing and the Contractor submitting the request will be responsible for its timely delivery and/or fax transmission. Any clarification and/or interpretation of the Quote, if made, will be made only by written Addendum duly issued by the City of Miami Beach Property Management Director. A copy of such Addendum shall be sent by mail or facsimile to each Contractor receiving the Quotation documents. In the event of conflict with the original Quotation documents, Addendum shall govern to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The Contractor shall be required to acknowledge receipt of Addendum by signing in the space provided on the Quotation Form. Failure to acknowledge Addendum may deem a Quote non-responsive; provided, however, that the City may waive this requirement when in its best interest. The City will not be responsible for any clarifications or interpretations made verbally. 1.35 DETERMINATION OF QUOTE AWARD: The City shall award the Quote to the lowest and best Contractor. In determining the lowest and best Contractor, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the Contractor to petform the contract. b. Whether the Contractor can petform the work within the time specified, without delay. c. The character, integrity, reputation, judgment, experience and efficiency of the Contractor. d. The quality of petformance of previous contracts. QUOTE NO: V A-QT1Pa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 9 e. The previous and existing compliance by the Contractor with laws and ordinances relating to the work. 1.36 ADDITIONAL CONSIDERATIONS FOR DETERMINATION OF QUOTE A W ARD: 1) Pre-award inspection of the Contractor's facility may be made prior to the execution of a Contract. Quotes will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in the Quotation documents. Contractors must be able to demonstrate a good record of petformance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the work if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Contractor, including past penormance ( experience) with the City in making the quote award in the best interest of the City. 3) The Property Management Director may require Contractors to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Contractor's Quote may render the Quote non-responsive. 4) The City may review the Contractor's record of petformance to ensure that the Contractor is providing sufficient financial support, equipment and organization as prescribed in this Quotation documents. 1.37 ASSIGNMENT: The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the 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 the prior written consent of the City. 1.38 LAWS, PERMITS AND REGULATIONS: The Contractor shall obtain and pay for all licenses, permits and inspection fees required for this Project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.39 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in the Quotation documents from the Contractor. However, items that are to be Spot Market Purchased may be purchased by other methods, (i.e. Federal, State or local contracts). QUOTE NO: V A-QTlPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 10 1.40 ELIMINATION FROM CONSIDERATION: This Quote shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.41 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Quote. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City, for purposes of determining the successful Contractor meeting specifications, may use said estimates in reaching a decision. 1.42 COLLUSION: Quotes from related parties: Where two (2) or more related parties each submit a Quote, such Quotes shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such Quotes. Related parties shall mean, in this case, respondents to this Quotation, or the principals thereof which have a direct or indirect ownership interest in another respondent for the same Quotation, or in which a parent company or the principals thereof have a direct or indirect ownership interest in another respondent for the same Quote. Quotes found to be collusive shall be rejected. Respondents who have been found to have engaged in collusion shall be considered non-responsive, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.43 DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: · The Contract resulting from the award of this Quotation (if applicable); then · Addenda released for this Quotation, with the latest Addendum taking precedence; then . The Quotation; then · Contractor's Quote in response thereto. 1.44 REASONABLE ACCOMMODATION: In accordance with Title IT of the Americans with Disabilities Act, any person requiring an accommodation at the Quotation opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.45 GRATUITIES: Contractors shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Quotation. QUOTE NO: V A-QTIPa-006 DATE: 10/06/0' CITY OF MIAMI BEACH 11 1.46 SIGNED QUOTE CONSIDERED AN OFFER: The signed Quote shall be considered an offer on the part of the Contractor, which offer shall be deemed accepted upon approval by the City, In case of default on the part of the successful Contractor, after such acceptance, the City may procure the items or services from other sources and hold the Contractor responsible for any excess cost occasioned or incurred thereby. 1.47 TIE QUOTES: In accordance with Section 287.087, Florida Statutes, regarding identical tie quotes, preference will be given to Contractors certifying that they have implemented a Drug Free Workplace Program. A certification form will be required at that time. 1.48 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or petform 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, Florida Statutes, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. QUOTE NO: V A-QT1Pa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 12 PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION NO: V A-QTIPa-006 2.0 SPECIAL CONDmONS 2.1 PURPOSE: The purpose of this Quotation is to award a contract, by means of sealed quotes, to a qualified Contractor, for the PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING, as specified in the Quotation Form. 2.2 METHOD OF AWARD: Award of this Contract will be made to the lowest responsive, responsible and best Contractor whose Quote will be in the best interest of the City of Miami Beach. 2.3 PAYMENT: Payment will be made upon final completion of this Project. The City will pay the Contract price, minus any liquidated damages and/or other damages, upon final completion and acceptance. 2.4 [Intentionally Omitted] 2.5 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this Contract) The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this Project. It shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Contractor is acting as an independent contractor. The Contractor, at all times during the full duration of work under this Contract, including extra work in connection with this Project, shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability l11surance to meet the statut~ry requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see check list for specific insurance limits) to protect the Contractor and the interests of the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form QUOTE NO: V A-QTIPa-006 CITY OF MIAMI BEACH DATE: 10/06/06 13 property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non- owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage required by the City's Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach, Florida, as an additional insured on all liability policies required by this Contract. When naming the City of Miami Beach as an additional insured, the Contractor's insurance companies must agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach, Florida, as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City's Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed certificates of insurance, evidencing such coverages and endorsements, as required herein, shall be filed with and approved by the City's Risk Manager before work is started. The certificate must state Quote Number and Title. Upon expiration of the required insurance, the Contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting :from the work petformed in this Contract. All policies issued to cover the insurance requirements herein shall provide full coverage :from the first dollar of exposure~ No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement. The proceeding indemnity and hold harmless agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction: "The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each QUOTE NO: V A-QTlPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 14 occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the Project under contract" . The Contractor will notify its insurance carrier without delay of the existence of the indemnity and hold harmless agreement contained within this Contract, and furnish a copy of the said agreement to its 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 preceding indemnity and hold harmless agreement from any and all claims arising out of the contract. The Contractor will also be responsible for securing and maintaining policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the Contractor and its subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor and its subcontractors of their liabilities and obligations under any section or provisions of the Contract. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractor, and of persons employed by them, as it is for acts and omissions of persons directly employed by it. Insurance coverage required in the Quotation document and Insurance checklist shall be in force throughout the Contract term. Should any Contractor fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the Contract term, the City shall have the right to consider the Contract breached, thus justifying the termination thereof If Contractor cannot meet the insurance requirements, alternate insurance coverage, at the sole discretion of the City and satisfactory to the City's Risk Manager, may be considered. QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 15 INSURANCECBECKL~T xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. xxx 2. Comprehensive General Liability (occurrence form), limits ofliability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises! Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Indemnity and hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+: VI or better, latest edition. xxx 9. The certificate must state the quote number and title CONTRACTOR INSURANCE STATEMENT: I hereby acknowledge and agree to insurance requirements contained in the Quotation documents, and hereby agree to provide the City with evidence of all required insurance coverage, to be included in the Quote. IM)~ Signature of Contractor )))~)}.f It'},p JJ. J;wel!.- Print Name! Title QUOTE NO: V A-QTlPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 16 2.6 CONTACT PERSON: For any additional information regarding the specifications and requirements of this Project, inquires should be made in writing to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami beach, Florida, 33139, or by fax at (305) 673-7650. 2.7 SAMPLES: The Contractor shall provide upon request, a complete and accurate sample of the product( s) which it proposes to furnish. 2.8 BID, PERFORMANCE AND PAYMENT BOND: Not required on this Project. 2.9 LIQUIDATED DAMAGES: The Contractor agrees to pay the City liquidated damages in the amount of$200 per calendar day beyond the sixty (60) day substantial completion date specified in the Contract. 2.10 WARRANTY: The Contractor will be required to warranty all work petformed. The work petformed by replacing all glass doors and windows in the building will require a minimum manufacturer warranty of seven (7) years labor and materials. 2.11 REFERENCES (pROVIDE 4 REFERENCES; PLEASE SEE PAGE 25) 2.12 COMPLETE PROJECT REQUIRED: The Quotation documents, and the specifications described herein, outline the various items or classes of work required, enumerating or defining the extent of same necessary, but the City's failure to list any items or classes under scope of the several sections shall not relieve the Contractor from furnishing, installing or petforming such work where required by any part of these specifications, or necessary to the satisfactory completion of the Project. 2.13 FACILITY LOCATION: The Botanical Garden is located at 2000 Convention Center Drive, Miami Beach, FL 33139. 2.14 CONTRACTOR QUALIFICATIONS: In order for Quotes to be considered, Contractors must submit with their Quote evidence that they are qualified to satisfactorily petform the specified work. Evidence shall include all information necessary to certifY that the Contractor: maintains a permanent place of business and office in the South Florida area; has technical knowledge and practical experience in the type of equipment required for work on the Project; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has provided scope of work to similar size projects as the Project outlined herein. The evidence will consist of listing of work that has been provided to public and private QUOTE NO: V A-QTIPa-006 CITY OF MIAMI BEACH DATE: 10/06/06 17 sector clients, (ie. nature of work and number of similar projects completed within the last three (3) years). 2.15 COMPLETE INFORMATION REQUIRED ON QUOTATION FORM: All Quotes must be submitted on the form( s) attached in the Quotation documents and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COpy of the Quotation Form and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the Section 1.1 of General Conditions. QUOTE NO: V A-QTIPa-006 DATE: 10106/06 CITY OF MIAMI BEACH 18 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement of Quantities - All work completed under this Contract shall be measured by the Property Management Director, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving sutfaces, which will be taken along the actual sutface of the pavement. No allowance · shall be made for sutfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Property Management Director. 3.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for petforming all the work contemplated and embraced in the Quotation documents and the specifications herein, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the work in accordance with the Quotation documents, the specifications, and Contract. 3.3 Payment and Compensation for Altered Quantities -When alterations in plans or quantities of work not requiring supplemental agreements as herein before provided for are ordered and petformed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving supplemental agreements shall be paid for as stipulated in such agreement. 3.4 Force Account Work - All extra work done on a "Force Account" basis shall be petformed by such labor, teams, tools, and equipment as may be specified by the Property Management Director, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to fifteen (15) percent of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security taxes, unemployment insurance, and Workmen's Compensation insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 19 (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on the cost of such materials. (c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical petformance ofthe work, the Property Management Director shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for extra work done on a force account basis. The Contractor's representative and the Project Manager shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Project Manager and signed by both the Project Manager and the Contractor's representative, one copy being forwarded, respectively, to the Property Management Director or authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Property Management Director on the current estimate of the month in which work was actually done. 3.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order of the Property Management Director. 3.6 Partial Payments - If the work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Property Management Director, provided the materials, in the judgment of the Property Management Director, are such as will probably be incorporated in the work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the work. Contractor shall provide PARTIAL RELEASE OF LIENS with each application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided herein. Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part of the QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 20 completed work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment. If the total amount of the retained percentage of the contract is greatly in excess of the uncompleted portion of the Contract the City, may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the contract and liquidate unsatisfied claims. 3.7 Acceptance and Final Payment - Whenever the work provided for under this Contract shall have been completely petformed on the part of the Contractor, and all parts of the work have been approved by the Property Management Director, according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, after final inspection as provided herein, Contractor shall certifY such fact to the Property Management Director in writing, recommending the acceptance of the work. The amount of the final payment, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the final payment has been approved by the Property Management Director, provided that the Contractor has furnished to the City a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the work done under this Contract. Upon this final payment the City shall be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, LETTER OF FINAL COMPLETION (or LETIER OF FINAL ACCEPTANCE) from the Contractor. QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 21 PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION NO: V A-QTIPa-006 Quotation Form (page 1 of 2) This specification covers the pressure cleaning; sutface preparation, repair, caulking, sealing and conventional repainting of the exterior areas of Miami Beach Botanical Garden located on 2000 Convention Center Drive, Miami Beach, FI 33139. Scope ofW ork: The work will include: the application of approved mildewed; and pressure clean the exterior stucco and woodsutfaces; seal the entire exterior stucco sutface; repair damage stucco by patching; derust; and repair any spalling; caulk the perimeter of exterior doors and windows and apply paint as per specifications (colors to be selected by the City). QUOTE 1) Total Quotation price Pt,.;.AIJl. f!",..Jt/ d. Z7// LUMP SUM $ 2'2., 9JD. 00 . QUOTE NO: V A-QTIPa-006 DATE: 10106/06 CITY OF MIAMI BEACH 22 PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION NO: V A-QTIPa-006 Quotation Form (Page 2 of 2) PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1%/20) COMPANY NAME: ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE QUOTE MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: M4X -r;~/4 to,. M1 A ~ (I certify that a authorized to execute this QUOTE and bind the quoting firm) SIGNED: Contractors !!!!W acknowledge receipt of Addendum (if applicable). Amendment NO.1: Amendment No.2: Insert Date Insert Date NAME/fITLE (Print): 4r ;h/ j.",V J. J;twt/L /23)) S{,J /2.1 cT 7I}r A/l1'I# i ; / ZIP: ]) / ~ C. / TELEPHONE NO: ]D) - 2 )'1- /~ d 0 ~D)- 2T1- 00')1 ADDRESS: CITY/STATE: FACSIMILE NO: QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 23 PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION NO: V A-QTIPa-006 CHECK LIST To ensure that your Quote is submitted in conformance with the Quotation documents, please verify h h fill .. h bId db' d . d t att e o owmg Items ave een complete an su ffiltte as reQwre . X Original and one copy of Quotation documents (including Quotation Form and all submittal information) General Conditions Section 1.1 Special Conditions Section 2.15 X Execution of Quote General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.27 Special Conditions Section 2.5 Bid/Performance Bond (if applicable) General Condition Section 1.26 Special Conditions Section 2.8 X Warranty Special Conditions Section 2.10 Product/Catalog Information X References Special Conditions (page 25) X Bidder Qualifications Special Conditions Section 2.14 X Contractor's Questionnaire (Page 25) QUOTE NO: V A-QT1Pa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 24 PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING QUOTATION NO: V A-QTIPa-006 CUSTOMER REFERENCE LISTING Contractor shall furnish the names, addresses, and telephone numbers of a minimum of four (4) firms or government organizations for which the Contractor is currently petforming or has petformed similar work. 1) Company Name tY.4 tf't' :J;v<- Address ~,,11,...,/' ~ pi / Contact Person/Contract Amount cklt ;;~ Telephone Number '/07- >n- /- ~, 7) (,4fVi) ~ F(,Nf r. Ai4~/' J 1/1 ( 2) Company Name Address Contact Person/Contract Amount s/'vt' )c/,''; j Telephone Number 70 ,., 2 r / - 2.. l.:> l...{ Company Name ~'- 3) I/rIIv d,A/1 r ~;,dM/' / rl f Contact Person/Contract Amount ~ ). (' Ar-D.J- '.A- , Telephone Number ) 6)- J'7 2 - 'f / / '-/ Address 4) Company Name Ie", JIt tJ/l- Address .A4 /)"M I . t:-I { Contact Person/Contract Amount )0 J.(j( f)a,' ( - , Telephone Number 3D'''' 'i~'-J)Jc.. QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 25 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification by the City. Inaccurate or incomplete answers may be grounds for disqualification from consideration for award of this Quotation. Submitted to Ci~y of Miami Beach, Florida: By ~4-~~,.(,f;lAP;vI. y; w(/{ Principal Office di#(;. FI <1///'1 /2,)$""} ~<..J /2.( (/ ttJ- I ~ / -f,lfiU r'......h:4;Co'f How many years has your organization been in business as a ~eftel'ftl ContfttGtol& under your present business name? / ~ Does your organization have current occupational licenses entitling it to do the work contemplated in this contract? V j State of Florida occupational license - state type and number: ,.vI IJ. Dade County certificate of competency - state type and number: q '/ ~ j ($ 0 'I cr (, 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 j'l... (C) What contracts has your organization completed? (use separate sheets if necessary) Contract Amt Class of Work When Completed Name/Address of Owner jA,>t,fA,' 1Jt.~t. ;::/;~ iJlfJr. /;; e>G. , 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? ;t/o If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ;/t.J QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 26 If so, state name of individual, name of owner, and reason thereof )/ c.::> ~ In what other lines of business are you financially interested or engaged? &-~ 1)4 tt' ]:~,,~~I-IA."fJr [,K11 Give references as to experience, ability, and financial standing I L y" N' > What equipment do you own that is available for the proposed work and where located? All t\L{t~'>,y, t'1u;/~r 7"'0 {OM/ tt.k J~~ What bank or banks have you arranged to do business with during the course of the contract should it be awarded to you? wt. 0;' AJlY4C#} V~ H4VI'/). Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. //'~K I HEREBY CERTIFY that the above answers are true and correct. ~r- - ~-d~ Contractor dx '];",(1{ - ~6 , Print N ame/Title QUOTE NO: V A-QT1Pa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 27 CONTRACT FOR QUOTATION NO. V A-QTIPa-006 THIS CONTRACT made this Z- day of Och1v 20 fj (. AD. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, and Pro-Max Corporation hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSEm that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the Project to be done by said Contractor pursuant to City QUOTATION NO. V A-QTIPa-006 and entitled "PRESSURE CLEAN AND EXTERIOR PAINT AT MIAMI BEACH BOTANICAL GARDEN BUILDING" (also referred to as "the work" or "the Project"), do hereby mutually agree as follows: 1. This Contract shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its, successors and assigns. Neither this Contract 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 without the prior written consent of the City. 2. City of Miami Beach Quotation NO. V A-QTIPa-006 and Contractor's Quote in response thereto, are hereby referred to and made a part of this Contract and the terms and conditions set forth therein and, except when in direct conflict with this written Contract, are made a part hereof as if copied herein. If a conflicts exist between the Quotation and Contractor's response thereto, and this Contract, the priority of documents shall be as set forth in Section 1.45 of the Quotation documents. 3. The Contractor shall commence work within seven (7) days of the issuance of a Notice to Proceed from the City and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 Unless there is a change in the scheduling of the Project which is approved by the Property Management Director, the Contractor shall be substantially completed with the work within sixty days (60) calendar days from the issuance of the Notice to Proceed, and completed and ready for final payment within ninety (90) calendar days after the issuance of said Notice. QUOTE NO: V A-QT1Pa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 28 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if work is not completed within the Contract times specified in Paragraph 3.1. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by City 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 fotfeit and pay City as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in Paragraph 3.1 for Substantial Completion until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of City's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. 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 work and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City, through its Property Management Director. 6. If the Contractor shall complete the work 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 be deprived of the right to exercise any option in this Contract nor shall it operate to alter any other term of this Contract. 7. Prior to commencing any work on the Project, the Contractor shall file Insurance Certificates, as required in the Quotation documents, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City's Risk Manager. 8. All documents shall be executed satisfactorily to the City and until required bonds (if applicable) and Insurance Certificates have been filed and approved, this Contract shall not be deemed effective. 9. City shall pay Contractor for petformance of the work in accordance with the Quotation documents in current funds at the lump sum or unit prices presented in the Quotation documents and Contractor's response there to, as attached to this Contract. The parties expressly agree that the Contract price is a stipulated sum except with regard to the items in QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 29 the Quote which are subject to unit prices. .. 10. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, ifin state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO TIllS AGREEMENT, the City AND Contractor EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, TIllS AGREEMENT. 11. This Contract, and all attachments hereto, comprises the entire agreement between City and Contractor, to this Agreement. 12. The Contract may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the City has caused this contract t be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed, sted y the City Clerk of the City of Miami Beach, and the said Contractor has caused this Agre m nt be s. ed it its name. I BEACH Mayor David Dermer ~rP~ City Clerk Robert Parcher CONTRACTOR Signature By /4; Signat r of President or Authorized Representative ~cnlk. .tv; b Print Name/Title QUOTE NO: V A-QTIPa-006 DATE: 10/06/06 CITY OF MIAMI BEACH 30 ~ /d I/v(/ TO RM & LANGUAGE & FO EXECUTION )~JJ1)t', Date