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HomeMy WebLinkAbout53rd Street, Beach Shower Renovation 1&(JJ-- PtdJ 7-3 G 1 J,() - J .;2/~ )OJ - . -.. 53rd STREET, BEACH SHOWER RENOVATION QUOTATION #VA-QT17BS-006 QUOTATION DUE: NOVEMBER 16th, 2006 G 0 -< 0"\ :r.~ 0 :0 /"T1 m -~ ("") C I () r. :z U1 iil r- -< :0- < Vi :.J:: c '-9 m ..... 0 ", -., w CJ ,.,., CITY CLERK Brad A. Judd, Property Management Director City of Miami Beach - Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTE NO: VA-QTI7BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 1 " lo" CITY OF MIAMI BEACH ~ F 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:\\miamibeachfl.gov Telephone (305) 673-7000 Facsimile (305) 673-7650 QUOT A TION NO: V A-QTI7BS-006 53rd STREET, BEACH SHOWER RENOVATION Description: The work included in this contract is for all excavation, concrete work, reinforcing steel, handicap ramps, railings, and specialty flooring necessary for the installation of a new Beach shower at 53rd Street in Miami Beach. Plumbing work is not included in the contract. Scope of Work: All work is to be done in strict accordance with the approved bid plans and specifications for the Project. This contract will include all tools, labor, materials, and equipment necessary for the installation of the shower pad, shower bollard, cast in-place cap, stucco, wire mesh, excavation, and the removal and replacement ofthe handicap ramps. Also included in the contract is the supply and installation of handicap railing and the truncated dome floor at the shower location. All plumbing work and permits are not included in this contract. Contractors submitting quotes should examine the site and all current plans and specifications and base their quotation on existing field conditions, scope of work, and the proposed renovations. Failure to do so will not be considered justification for additional charges after the contract is awarded. The Contractor awarded this contract must be able to pull any/all required permits no later than one (1) weeks after the contract is executed and approved. 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 a current State of Florida Contractor License. Quotations will be received until 3:00 p.m. on the November 14, 2006, at the following address: City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Beach, Fl. 33139. QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 2 1 , :: f ,. The City of Miami Beach reserves the right to accept any Quote deemed to be in the best interest of the City. The City of Miami Beach may reject any and all Quotes. Brad A. Judd, RP A, FMA, CGC Director, Property Management Division QUOTE NO: V A-QTI7BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 3 r e 0 ;i U IJ') IJ') ~ N N ... I""':' ...... ... en 0 0 e ~ ~ 0 N N 0 ~ ~ ~ ~ Q) I 1:: <C z Oz -0 U U)_ .5 -.... 0 0 ~<C ci 0 ~ 0> u 'lri IJ') ....0 0 N N Zz 0:: ...... ...... . - WW u.i IN N ::EO:: C') C') :~ ~ ~U)CD en :a I <cO::O . ZWO 3:' <CO~.... ::E:I:......W )-en-W li::I:d:I: I Wo,en c..<C~Z . OW 0 o::mZ~ 05 c......O<C Q) :I:W~..J a; . I OW<c::> ... u IJ') U e IJ') <CO::....m e- N C"! W....O<C o ~ <0 <0 mU)::>.... o~ 0> 0> -=0 -0 ca 10 q ::Eo ca .5 ..t ~ <C- S ! N I N --0 ~ ~ ::E e 10 iL ca E 01;) 0 )-- :I: ....N - ~ o'E M It) I en ... ~ '0 C; Z .c 0 'en ... . 0 ~ ..c .... 1(.) c.. ca i:i: I~ ... 0 en ,0 Q) W 'e Q) 0 o~ l;i en I ca -0 I> ... OM I e It) Q) to:: 1G 9/6{2006 10:26 AM FROM: Your Homestead Concrete _Drainage. Inc. TO: +1 (305) 6737650 PAGE: 001 OF 003 l ...--- HOMESTEAD CONCRETE AND DRAlNACE P.O. Box 1273 Homestead, Fl 33030 Phone (305)248-9649 Fill( (305)248-9650 PROPOSAL 4D ,.-. Estimator FD (305) 248-6436 ES1Im.or: NELSON APOLI CONTRACTOR DATE: 1II112OD& CITY OF MIAMI BEACH 1245 MICHIGAN AVE DOT: Iro MIAMI BEACH Fl 33139 COUNTY: MJAMI.OADE ATTJr'NA DAY OR NIGHT: DAY PHONE: 786-367-7072 PAYROLL OR CERTlFIED REPORTS INO FAX: 305-673-7650 PROJECT: ARCHlTECTIENClNEER 5300 & COLLINS SCOPE OF WORK : LABOR AM) MATERIALS TO COMPLETE HC&D HAS THE RIGHT FOR MATERIAL INCREASES FROM CONCRETE SUPPUERS AT ANYTIME DURING THE CONTRACT PERIOD EXCLUDED SURVEY. NO MOT OR POUCE OFFICER, INSPECTIONS PERMITS FEES, COMPACTION, DENSITY TEST, WIRE MESH NIGHT TIME, SATURDAYS, CONCRETE REMOVAL OF ANY KIND. DOT CONCRETE. REBAR, HANDICAP TRUNCATED DOMES, COLOR CONCRETE PAVERS. STAMP CONCRETE OF ANY KIND, RESTORATION EXCAVATION. PLASTIC, CAULKING, RESTORATION OF SODDING, GRADING UMEROCK BASE PREPORATlON. PAVERS AND SAND BEDDING (UNLESS OTHERWISE STATED IN BID ITEMS) 1M: PROPOSE tEREBI'TO F~ MATERlAl. AND lABOR COM>I.ETE I'f ACCOROANCEWlTHABOYE SPECFlCAllONS. ASFOlL0W5: OOESN'T INCLUDE SURVEY MOT PERMITS FEES POliCE OFFICER. ITEMS: QUANTITY UNIT$ COSTS PER TOTAL I I SHOWER PAD AND 12" SHOWER BOLLARD 4.5 BARS VERTiCAl WI TIES cal2.' O.C FOOTER WI 315. PAINT BUFF, CAST.IN-PLACE CAP, STUCCO, WIRE MESH. EXCAVATION 1 r.; CONTINUOUS THICKENED EDGE (81 2.DO EA $ 6,100.00 EA $ 13,l5OD.oo I I HANDICAP RAMP REMOVAlIREPlACE 315.00 SF $ 8.75 SF S 2.7511.25 HANDICAP TRUNCATED DOMES 1DO EA $ 48O.OD EA $ 1.....0.00 RAiliNG AT HANDICAP RAMPS 1DO EA $ 2,100.00 EA $ e.3OQ.OD I I SHOWER HEADS, VALVES. PVC CUT OFF VALVES & FOOT WASHER, PAINT 8VFF ARE NOT INCLUDED I I NOTE: FINAL BILl WL1. REFLECT FIELD MEASUREMENTS. NOTE: PLEASE SIGN IT AND FAX IT BACK TO US (So _ am st., work on Ume) CRAND TOTAL 1$ 24,DlI&.25 I ANYOElAYS THAT DOESN'T NOT CONCERN HC&D, THERE WILl BEAUINIMLIA CHARGE OF $750.00 !ANY REMOBllIZA TlON WILl BE A CHARGE OF S 750.00 PAYMENTtG be pllklu '.Rows: Payments are to be made within 15 dIIys ofreeelvlnll blDlg dlde.. ThereaIter,.NoUc:e offfon-Paymentwtlbe sent out. If payment Is not received 50 days after date bDled, a 1.5% Interest rate WUI be chuged to your ac:count on. monthty basis, plus Attorney Fees and Court Cost to Colect the money. - DATE: APPROVAL SIGNATURE SIGNATURE: SAFETY 18 NO ACCIDENT! HC&D REMINDS USERS OF ANY EQUIPMENT OR MACHINERY TO READ AND UNDERSTAND THE OPERATOR"S MANUAl BEFORE OPERATING />NY PIECE OF EQUIPMENT. AlSO PLEASE BE AWARE OF YOUR SURROUNDINGS AT All TIMES. SAFETY IS FIRST CERTIFIED IN: SBA, SA, HUB ZONE AND AS A SPANISH MINORITY NARIO ".-... ... ..-'" .) ~::: .. - ... " .~ ./:.-':-:. . ~.. - '. ;- "_.r!~/.;..~.~!I A CORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID J~ DATE (MM/DDIYYYY) HOME 08 03/23/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HB~ 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 FL 33122 nQne:305-714-4400 Fax:305-714-4401 INSURERS AFFORDING COVERAGE NAIC # INSUI<ED INSURER A: Travelers Prop Cas Co of Amer 25674 INSURER B: Homestead Concrete & INSURER C: Drainage Inc. P.O. Box 1273 INSURER D: Homestead FL 33090 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER PDOA~~~J~rJ&~)E P8k~CEYI~~b'bAJ~qN LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 - A X COMMERCIAL GENERAL LIABILITY DTC07341B2971ND06 03/26/06 03/26/07 I ~~~~~~~YE~~~~~~nce) $ 300,000 I CLAIMS MADE GU OCCUR MED EXP (Anyone person) $ 5,000 X Contractual Incl. PERSONAL & ADV INJURY $1,000,000 - ~XCU Incl. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 I POLICY IX] rm' n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A ~ ANY AUTO DTC07341B2971ND06 03/26/06 03/26/07 (Ea accidenl) ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) I-- X HIRED AUTOS BODILY INJURY f-- $ ~ NON-OWNED AUTOS (Per accidenl) I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU. I IU.1Ho EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS * Except 10 days for non-payment. The Additional Insured endorsement applies in favor of the Certificate Holder with respect to the General Liability policy as required by written contact Re: Quotation No. VA-QT07-005, Ground Floor Slab Renovation. CERTIFICATE HOLDER CANCELLATION MIAMI B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ ES NTATIVE CITY OF MIAMI BEACH PROPERTY MANAGEMENT DIVISION 1245 MICHIGAN AVENUE MIAMI BEACH FL 33139 @ACORD CORPORATION 1988 ACORD 25 (2001/08) Ap~ 02 06 10:51a Luis E Roca Inc 3054184898 p.2 I 1I..L!u1~ E. c:Roca,JJna gE.nLrr.al C!.onbca.ctorr. r-- Proposal August 1, 2006 City of Miami Beach 1425 Michigan Avenue Miami Beach, Florida 33139 Attn: Property Management Division Viviana Alemany Construction Manager RE: Shower & Concrete Work 5301 Collins AVE Miami Beach, Florida ...--- DESCRlTION: 1. Remove existing concrete. 2. Dig footings. 3. Place forms and pour. 4. Form sidewalk as per plans and pOlU". 5. Cover two showers with keystone to match. TOT At FOR THIS PROPOSAL $ 32,725.00 wlPropSJOICollinsAvc 7800 N.W. 34th Street. Suite 205. Miami Florida 33122 Tel.: (305) 418-4555 . Fax: (305) 418-4898 . E-mail~ lerocagc@beUsouth.net . ARTEK CONSTRUCTION TEL: 786-306-0329 786-255-6124 FAX: 305443-5ne .---- MANAGEMENT CORP. 2330 SW 29 AVENUE - MIAMI. Fl. 3314! PROPOSAL/CONTRACT DATE: 08118/ 00 SUBMITTED TO: CITY OF MIAMI BEACH PROPERTY MANAGEMENT MIAMI BEACH. FLORIDA PHONE:(305) 673-7630 - FAX (305) 673-7650 ATTN: RE: VIVIANA ALEMANY 53RD BEACH SHOWER RENOVATION JOB LOCATION: 53RD COLLINS AVE. MIAMI BEACH. FLORIDA 33140 PER YOUR REQUEST WE HEREBY SUBMIT OUR PROPOSAl FOR THE BEACH SHOWER RENOVATION AND RELOCATION OF THE ABOVE WORK. ACCORDING TO OUR VISUAl INSPECTION AND THE FOLLOWING QUAUFlCATlONS: ,...--.. WHITE PAINTED GALV. 5Tl HANDRAILS HANDICAP SlGNAGE AND STRIPES HANDICAP RAMP (25x5) X (2) ACCESSlBLE PATH EXCAVATION FOR SHOWERS All CONCRETE CUITlNG REOUIRED FORMING MATERIAL AND LABOR ALL REINFORCING REQUIRED COLORED CONCRETE AND PUMP FINISH CONCRETE I STUCCO ( SHOWERS) PRECAST CONCRETE CAP 12" DIAMETER SHOWER BOllARD PAINTING STUCCO FINISH ( SHOWERS) ClEANING SUPERVISION SUBCONTRACT WORK TOTAL: $ 42, 107.25 G. ERMIT PROCESSING AND FEES ARE EXCLUDED lHE ABOVE PRICES. SPf ICATlOHS AND lXlHDIT10NS ARE SAllSfACTOR'Y AND ARE HEREBY ACCEPTED. YOU ARE AlmlORIZED TO 00 1HE WORK AS SPfClFI SlGHAlURE & DATE: PRINr_e: .,..--, ~J-pt.~/#utA~~.~-d~ , . 53rd STREET, BEACH SHOWER RENOVATION QUOTATION NO: V A-QTI7BS-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) will 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, if made, 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-QT17BS-006 DATE: 11/16/06 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 ofthis 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-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 5 specifications as listed in the Quotation documents. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: 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 ofthese 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. Ifthe 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. 1.17 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 6 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 officers, 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 performance of the Contract, including its use by the City of Miami Beach, Florida. If the Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Quote 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 with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at (305)673-7080. 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: QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 7 Where Contractor is required to enter or go onto City of Miami Beach property to deliver materials or perform 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 performance 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 forfeiture of that portion of any surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a Contract, as described above, may be grounds for removing the Contractor from the City's vendor list. 1,28 CANCELLATION: In the event any of the provisions of this Quote and/or the Contract are breached 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. 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. QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 8 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 perform the contract. b. Whether the Contractor can perform the work within the time specified, without delay. c. The character, integrity, reputation, judgment, experience and efficiency of the Contractor. d. The quality of performance of previous contracts. 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 AWARD: 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 performance for a reasonable QUOTE NO: V A-QT17BS-006 CITY OF MIAMI BEACH DATE: 11/16/06 9 ~ 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 performance ( 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 performance 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 ofthe 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). 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 QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 10 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 II 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. 1.46 SIGNED QUOTE CONSIDERED AN OFFER: The signed Quote shall be considered an offer on the part ofthe 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 QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 11 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 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, 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-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 12 53rd STREET, BEACH SHOWER RENOVATION QUOTATION NO: V A-QTI7BS-006 2,0 SPECIAL CONDITIONS 2,1 PURPOSE: The purpose of this Quotation is to award a contract, by means of sealed quotes, to a qualified Contractor, for the 53rd STREET BEACH SHOWER RENOVATION, 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 ofthis 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 Insurance to meet the statutory requirements ofthe 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 ofthe City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. QUOTE NO: V A-QT17BS-006 CITY OF MIAMI BEACH DATE: 11/16/06 13 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 ofthe required insurance, the Contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this Contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement. The 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 occurrence and for all damages to the property of others in and up to the amount of QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 14 , $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 ofthe 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-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 15 xxx 1. xxx 2. xxx 3. xxx 5. XXX? 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 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). Automobile Liability - $1,000,000 each occurrence - owned/non-ownedlhired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 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 Thirty (30) days written cancellation notice required. Best's guide rating B+: VI or better, latest edition. 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. Signature of Contractor Print Name/ Title QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 16 2.6 CONTACT PERSON: For any additional information regarding the specifications and requirements ofthis 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 thirty (30) day substantial completion date specified in the Contract. 2.10 WARRANTY: The Contractor will be required to warranty all work performed. The work performed by replacing all glass doors and windows in the building will require a minimum manufacturer warranty of one (1) years on the product, and one (I) year on workmanship or installation of material. 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 ofthe several sections shall not relieve the Contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the Project. 2.13 FACILITY LOCATION: The South Shore Community Center building is located at 833 Meridian A venue, Miami Beach, FI 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 perform 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 QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 17 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 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-QT17BS-006 DATE: 11/16/06 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 surfaces, which will be taken along the actual surface ofthe pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the 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 performing 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 performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving supplemental agreements shall be paid for as stipulated in such agreement. 3.4 Force Account Work - All extra work done on a "Force Account" basis shall be performed by such labor, teams, tools, and equipment as may be specified by the 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. (b) For all materials used the Contractor shall receive the actual cost of such materials, QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 19 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 performance of the 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 completed work, the estimate and payment for such defective or questioned work shall not be QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 20 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. Ifthe total amount of the retained percentage of the contract is greatly in excess ofthe uncompleted portion ofthe 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 performed 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 ofthis 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 LETTER OF FINAL ACCEPTANCE) from the Contractor. QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 21 53111 STREET, BEACH SHOWER RENOVATION QUOTATION NO: VA-QTI7BS-006 Quotation Form (page 1 of 2) The work included in this contract is for all excavation, concrete work, reinforcing steel, handicap ramps, railings, and specialty flooring necessary for the installation of a new Beach shower at 53rd Street in Miami Beach. Plumbing work is not included in the contract.. Scope of Work: All work is to be done in strict accordance with the approved bid plans and specifications for the Project. This contract will include all tools, labor, materials, and equipment necessary for the installation of the shower pad, shower bollard, cast in-place cap, stucco, wire mesh, excavation, and the removal and replacement of the handicap ramps. Also included in the contract is the supply and installation of handicap railing and the truncated dome floor at the shower location. QUOTE LUMP SUM 1) 53111 Street Beach Shower renovation Lump sum $ 24.096,25 TOTAL $ 24.096.25 QUOTE NO: VA-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 22 53rd STREET, BEACH SHOWER RENOVATION . QUOTATION NO: V A-QTI7BS-006 Quotation Form (Page 2 of 2) PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1%/20) (I certify th t I am authorized to execute this QUOTE and bind the quoting firm) Contractors must acknowledge receipt of Addendum (if applicable). Amendment No.1: Insert Date Amendment No.2: Insert Date NAMEITITLE (Print): ~ \ m ~~- ~,-~ ADDRESS: )D~ ~W ~ k..JJJ./'S< , CITY/STATE: -\\~. \=-L ZIP: 33\)~ D TELEPHONE NO: 30:5- d-'-I"8 - ~~L\ C) FACSIMILE NO: 305- :;)q~ - ~ ~ QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 23 . 53rd STREET, BEACH SHOWER RENOVATION QUOTATION NO: VA-QTI7BS-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 at t e 0 owmg Items ave een complete an su mltte as reqUire . 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 1.27 Special Conditions Section 2.11 X Warranty Special Conditions Section 2.13 Product/Catalog Information X References Special Conditions (Page 25) X Bidder Qualifications Special Conditions Section 2.17 X Contractor's Questionnaire (Page 26) QUOTE NO: V A-QTI7BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 24 c . ) 53rd STREET, BEACH SHOWER RENOVATION ~ QUOTATION NO: V A-QTI7BS-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 performing or has performed similar work. I) Company Name ~ U m,C!\yY\'\ ~oLh 6 D ~t) m\Ch(~ ~. m\o.i~,\~h. Contact Person/Contract Amount V ~v \ (A ~ Address Telephone Number 3) Company Name C'~tb-f{VllVVi,\ G::o.~ Address 15\)t--..,~^)\lol m\O.",\Go~R Contact Person/Contract Amount ~ m &v\A (jJ'(\~' Telephone Number ?In-l.o d-)... - yat:) \ ~ Company Name 'DJJ~ c:lr- f'("hG\YV\\ LaJ~ Address f\(\\ ~ La-.~\ P'- Contact Person/Contract Amount ()~~l Telephone Number '3Q5- :s~~ -l.Q \ ci\:) Company Name ~ ~\ Ju.r~ m~GVVh.' Address ~ ~CIfY\4" I FL 3,.m I Contact Person/Contract Amount Q1\ YY\ 'T\r\~'Y1 Telephone Number ")o:s-- - Y~3 -Co S- ( I 2) 4) QUOTE NO: V A-QTI7BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 25 . ~ . ) CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification by the City. Inaccurate or incomplete answers may be grounds for disqualification from consideration for award of this Quotation. su~fMiamLeaCh,FIOrida: i n\ ~ -" ~- . ~ By ~() X'(\UVJ1 ~'0U(j\- ~~ Principal Officed-~ \ '-~ 'II\) \..\~ ~ ~ ~ f\-- 33 03 () How many years ha~our organization been in business as a General Contractor under your present business name? d \ , 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: C. be l Sb lo~ \..Q \ Dade County certificate of competency - state type and number: E fs' \0 \ City of Miami Beach occupational license - state type and number: ~ Q Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor I C) (B) As a Sub-Contractor ;t~ (C) What contracts has your organization completed? (use separate sheets if necessary) Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name ?r \ ~ther company name) due to failure to comply with contractual specifications? IV If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his owt-.JD? QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 26 ~ . " )0 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? What bank or banks have you arranged to do business with during the course of the contract should it ~ awarded to YQu? " "- ~M~ l~\'L 0\- JD_ f=-~-<ln,- ~ ~ -d\.{~-l\lo'--~ Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. \0\~ I HEREBY CERTIFY that the above answers are true and correct. Contractor A\R-e (iU) CArr WJw~~i olv.Q- Print Name/Title QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 27 . . ,. . .. CONTRACT FOR QUOTATION NO. V A-QTI7BS-006 THIS CONTRACT made this 6 day of ~ 20 () c" A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, and Homestead Concrete & Drainage. Inc . & J. .. 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 ofthe Project to be done by said Contractor pursuant to City QUOTATION NO. V A-QTI7BS-006 and entitled "53rd STREET BEACH SHOWER RENOVATION" (also referred to as "the work" or "the Project"), do hereby mutually agree as follows: I. 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-QTI7BS-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 thirty (30) calendar days from the issuance of the Notice to Proceed, and completed and ready for final payment within sixty (60) calendar days after the issuance of said Notice. 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 forfeit and pay City as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 28 .. .. , . " . .. ., " .. ($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 rmal 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 ofthe 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 ofthe 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 ofthis 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 performance 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 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 ofthe 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 QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MIAMI BEACH 29 ... u ... ... .:.. .. . .. in federal court. BY ENTERING INTO THIS AGREEMENT, the City AND Contractor EXPRESSLY W AWE ANY RIGHTS EITHER P ARTY MAY HAVE TO A TRIAL BY JURY OF ANY CWIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS 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 to be signed by the Mayor ofthe 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 :iii to be signed it its name. eIT/iF . By/A , '/ avor David Dermer J1k~ ~dAA City Clerk Robert Parcher ATTEST: CONTRACTOR ~ lA~iV:J Signature B Sig a re of President or Authorized Representative Ibr~~~~ S-t~(~ A\f(~ c'~~lL-o. Print Name/Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION QUOTE NO: V A-QT17BS-006 DATE: 11/16/06 CITY OF MI ~O ... .. . , .. , TOTAL CONTRACTED CONTRACT DATE OF NAME OF PROJECT OWNER VALUE COMPLETION STATE ROAD 5 FDOT $ 638,678.00 1/15/2006 CITY OF COCONUT CURB & SIDEWALK INSTALLATION CREEK $ 288,853.50 6/30/2006 CITY OF MIAMI REPLACE & INSTALL SIDEWALKS GARDENS $ 737,850.00 8/30/2006 CITY OF E 26 ST FRM E 4 AVE-6AVE HIALEAH $ 659,755.00 6/30/2006 CITY OF SOUTH CHURCH STREET IMPROVEMENTS MIAMI $ 215,114.00 1/30/2006 WHITE ROCK WHITE ROCK SOUTH WALL QUARRIES $ 70,490.00 12/15/2005 TOWN OF PLANTATION KEY WATER TRT ISLAMORADA $ 385,000.00 12/30/2005