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GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION #VA-QT09SC-08
Michael Alvarez, Public Works Assistant Director
City of Miami Beach -Property Management Division
1245 Michigan Avenue
Miami Beach, FL 33139
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03!20/08 I
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\miamibeachfl.gov
Telephone (305) 673-7000
Facsimtie (3051673-7650
QUOTATION NO: VA-QT09SC-08
GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
Description: This project consists ofthe site preparation to set up a 3 wide modular buikling that
will be for office purpose by Pazks and Recreation, Green Space Management team. This project
is located at 2300 Pine Tree Drive, Miami Beach, F133140.
Scope of Work: This Project consists of the site prepazation of an area inside the Green Space
Management site, to accommodate a 3 wide modular building. The scope of work includes
providing plumbing sewer connection to the trailers; provide domestic water line connection from
the City meter to the trailer. ALso, installation of new power meter from FPL vault to provide
independent power supply to the trailers. Contractor will prepare the site also with taw accessible
parking spaces, concrete sidewalks, asphalt parking lot and gravel the rest of the site that is inside
the perimeter of the scope ofthe work. All work will be done base on the set of plans provided to
Contractor and approved by Engineers and the Building Department.
Prospective bidders must have a minimum of 5 years experience as a prime Contractor.
Additionally prospective bidders must provide a minimum of (8) completed project references.
Sub-Contractors must have all required licenses in order to obtain all required Pernuts for the
successfixl completion of the project.
Contractors submitting quotes should examine the site and all current plans and specifications and
base their Quote 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 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.
The City of Miami Beach reserves th 'ght to accept any Quote deemed to be in the best interest
of th ity. The C' of Miami Be may reject any and all Quotes.
~~
ichael Alvarez, C
Assistant Duector, Public orks Dep
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20!08 2
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HOMESTEAD CONCRETE AND ORAMAGE
P,O. Boz 1273
Homestead, FL 33030
Phorre (308) 248.9048
Fez (305) 248.9850
CITY CF MIABB BEACH
1245 MICHIGAN AVE
MIAMI BEACH FL, 33139
ATi,: OLGA SANCHEZ
PHONE; (788) 357-7072
OR
GREEN SPACE MANAGEMENT OFFICE PROJECT
PROPOSAL ~
'INOSA ...
HAS THE RIGHT FOR MATERIAL INCREASES AS CONCRETE 8UPPLIERS RAISE THEIR
S AT ANYTIME DURING THE CONTRACT PERIOD
/, NO MOTOR POLICE OFFICER, INSPECTIONS, PERMIT8 FEES, NIGHT TIME, SATURDAYS,
ETE REMOVAL OF ANY KIND, DOT CONCRETE, REBAR, COLOR CONCRETE, PAVERS,
CONCRETE OF ANY KIND, RESTORATION, EXCAVATION, PLASTIC, CAULKING,
PLUMBING INSTALLATION (UNLE88 OTHERWISE STATED IN BID ITEMS)
PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR COMPLETE IN ACCORDANCE WrlH g30VE gpECIFICATIONB, AS FOLLOWS:
iBNT INCLUDE SURVEY MOT PERMff9 FEES POLICE OFFICER.
iN0 SPACES, AS 3HOW ON PUNS
iRUCTION OF NEW A3PHAlTIC PAVING
AND CONCRETE WALKWAY,
BETE CURB, ELECTRICAL
ECTION FOR MANUFACTURED 1.00 LS
E BUILDING A3 PER ELECTRICAL 538,940.00 LS S 88,040.00
`LOW PREVENTOR, 4' SEWER l NEW/
PLEASE SIGN IT AND FAX IT BACK TO US (So va p~ sNla,T1 ~ p~ 8ma
'LAYS THAT DOESNT NOT CONCERN HCBD, TNERE WILL BE A MINIMUM CHARGE O ~ DOTAL 5 ~ ~'~
SMOBILITATION WILL BE A CHARGE OF 8 760.00
:NT b tN peb u follows:
~nb are to bs mach wghln 1S days of recelNng blWng deb. ThereaRer, a Notlce of Non-Payment wM be eeMout.
cant b not rocalved SO days afbr daps bllbd, a 1.5%. Interest rob will be gorged to your aaaouM on a monlhy bmb,
ttorosy Fees and Court Cast to Cogsot the money.
SIGNATURE;
----~_
M: SBA, 8A, HUB ZONE AND AS A SPANISH MMORITY
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03/19/2006 19:45 3052489650
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GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION NO: VA-QT095C-OS
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 awazd. All Quotes are subject to all conditions
specified in this Quotation document.
The completed Quotation Form must be submitted in a sealed envelope cleazly mazked to the
attention of: City of Miami Beach Public Works Assistant 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 vendor 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: VA-QT095C-O8 CITY OF MIAMI BEACH
DATE: 03/20/08 3
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 85-80126216390-9.
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, through its Assistant Public Works Director (who shall be the
City's designee for purposes herein), 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
ofthe 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 CONSH)ERED
WTTHOUT THIS DATA.
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20/08
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
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 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
a8er 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 Public Works Assistant Director,1245Michigan Avenue, Miami Beach, Fbrida
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, through its
Assistant Public Works Director (who shall be the City's designee for purposes herein), 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; and/or 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 to/or 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.
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20/08 5
1.16 PAYMENT:
Payment will be made by the City after the items have been received, inspected, and found to
comply with the Quotation 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
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 ofany 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 DISABII.ITIES ACT:
Call (305) 673-7490/VOICE 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 Public Works
Department at (305)673-7080.
QUOTE NO: VA-QT095C-08 CITY OF MIAMI BEACH
DATE: 03/20/08 6
- 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 mode], 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 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 awazd, or withdrawal of a
Quote before such awazd 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, maybe 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 Public Works Assistant Duector shall give written notice to the Contractor
stating the deficiencies, and unless such deficiencies aze 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: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20/08 ~
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 aself-
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 Public Works Assistant Director, 1245 Michigan
Avenue, Miami Beach, Fbrida, 33139 (or fax (305)673-7650), at least two (2) business
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 Public Works Assistant 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, through its Assistant Public Works Director (who shall be the City's designee
for purposes herein), 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, through its Assistant Public Works Director (who shall be the City's designee for
purposes herein), 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:
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03!20!08 0
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 ofperformance 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) Fre-awazd inspection of the Contractor's facilities may be made prior to the execution ofa
Contract. Quotes will only be considered from firms which aze regulazly 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
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.
2) The City may consider any evidence available regazdmg the financial, technical and other
qualifications and abilities of a Contractor, including past performance (experience) with the
City in making the Quote awazd in the best interest of the City.
3) The City may require Contractors to show proof that they have been designated as
authorized representatives of amanufacturer orsupplier which is the actual source of supply.
In these instances, the City may also require material information from the source of supply
regazding the quality, packaging, and chazacteristics ofthe 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 ofthe wntract,
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 oftbe 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.
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03I20l08 0
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 Mazket Purchased may be
purchased by other methods, (i.e. Federal, State or local contracts).
1.40 ELIMINATION FROM CONSIDERATION: This Quote shall not be awazded to any
person or firm which is in arrears to the City upon any debt, taxes or contracts which aze
defaulted as surety or otherwise upon any obligation to the City.
1.41 ESTIMATED QUANTITIES:
Estimated quantities or estimated dollars, if provided, aze for City guidance only. No
guazantee 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 aze 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 II of the Americans with Disabilities Act, any person requiring an
accommodation at the Quotation opening because of a disability must contact the Public
Works Department at (305) 673-7080.
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20!08 10
i.as 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 of the Contractor, which offer shall
be deemed accepted upon approval by the City, In case of default on the part ofthe 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 ofa public building or public work, may not submit bids on leases ofreal pmperiyto
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 of 36 months from the date of being placed on the convicted
vendor list.
QUOTE NO: VA-QT09SC-O8 CITY OF MIAMI BEACH
DATE: 03/20/08 11
GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION NO: VA-QT09SC-08
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 GREEN SPACE MANAGEMENT SITE PROJECT, as
further specified in the Quotation documents.
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 Insurance to meet the statutory
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
property damage, products/completed operations and contractual liability.
QUOTE NO: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20!08 12
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 aze
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 safeguazds 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 bold 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: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20/08 13
- $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 inadequate 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 oftheir
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 ofpersons
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 ternvnation 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: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20/08 14
INSURANCE CHECK LIST
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of
Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000.000.00 per
occurrence for bodily injury property damage to include Premises/ Operations; Products,
Completed Operations and Contractual Liability. Contractual Liability and
Contractual Indemnity (Indemnity and hold harmless endorsement exactly as written in
"insurance requirements" of specifications).
7~ 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.
X~~ 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 $ .00
Liquor Liability $ .00
_ Fire Legal Liability $ .00
_ Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
Other $ .00
XXX 7. Thirty (30) days written cancellation notice required.
3~~X 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.
Signature of Contractor
QUOTE NO: VA-QT09SC-08
DATE: 0320/08
Print Name/ Title
CITY OF MIAMI BEACH
15
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 Public Works
Assistant 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 ofthe 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 calendaz
day beyond the ninety (60) 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 the
site prepazation and plumbing and electrical work will require a minimum one (1) yeaz 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 of the several sections shall not relieve
the Contractor from furnishing, installing or performing such work where required by any part
of these specifications, or necessary to the satisfactory completion of the Project.
2.13 FACILITY LOCATION:
The Green Space Management office is located at 2300 Pine Tree Drive, Miami Fl 33140.
2.14 CONTRACTOR QUALIFICATIONS:
In order for Quotes to be considered, Contractors must submit with their Quote evidence that
they aze 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 azea; 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: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20Po8 16
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: VA-QT09SC-OS CITY OF MIAMI BEACH
IIATE: 03/20/08 17
Section 3
MEASUREMENT AND PAYMENT
3.1 Measurement ofQuantities -All work completed under this Contract shallbe measured
by the Public Works Assistant Duector, according to United States Standard Measures. All
measurements shall be taken horizontal or vertica], except for paving surfaces, which will be taken
along the actual surface of the pavement. No allowance shall be made for surfaces laid over a greater
azea than authorized or for material moved from outside ofslope-stakes and lines shown ontbe Plans,
except where such work is done upon written instructions of the Public Works Assistant 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 fiunishing 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 aze 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 duect chazge 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 aze actually engaged in such work, to
which shall be added an amount equal to fifteen (IS) percent of the sum thereof which shall be
considered as fiill compensation for general supervision and the furnishing and repairing of small tools
and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to
the above, the Contractor shall receive the actual cost for Social Security taxes, unemployment
insurance, and Workmen's Compensation insurance involved in such force account work, based on
the actual wages paid the said labor and foremen. No percentage will be added to the cost of such
taxes or insurance.
(b) For all materials used the Contractor shall receive the actual cost of such materials,
delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on
the cost of such materials.
QUOTE NO: VA-QT09SC-O8 CITY OF M[AMI BEACH
DATE: 03/ZO/08 18
(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 Public Works Assistant 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 City's designated 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 Public Works Assistant Director or City's designated 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 Public Works Assistant 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 Public Works Assistant 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 Public Works Assistant Director, provided the materials, in
the judgment of the Public Works Assistant 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 ant 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 oftbe
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20/08 19
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 Public Works Assistant Director, according to the Contract, and all trash,
debris, equipment, and other things used in the construction removed from the site ofthe construction
and from the adjoining land, after final inspection as provided herein, Contractor shall certify such fact
to the Public Works Assistant 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 Public Works Assistant Duector, provided that the
Contractor has furnished to the City a sworn affidavit to the effect that all bills aze 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: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03/20/08 20
GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION NO: VA-QT09SC-08
Quotation Form (Page 1 of 2)
This project consists of the site preparation to set up a 3 wide modular buikling that will be for
office purpose by Parks and Recreation, Green Space Management team. This project is located
at 2300 Pine Tree Drive, Miami Beach, F133140.
Scope of Work: This Project consists of the site preparation of an area inside the Green Space
Management site, to accommodate a 3 wide modular building. The scope of work includes
providing plumbing sewer connection to the trailers; provide domestic waterline connection from
the City meter to the trailer. Also, installation of new power meter from FPL vault to provide
independent power supply to the trailers. Contractor will prepare the site also with new accessible
parking spaces, concrete sidewalks, asphalt parking lot and gravel the rest of the site that is inside
the perimeter of the scope of the work. All work will be done base on the set of plans provided to
Contractor and approved by Engineers and the Building Department.
QUOTE
Total price for project
LUMP SUM
S 66.940.00
QUOTE NO: VA-QT09SC-lib CITY OF MIAMI BEACH
DATE: 03/20/08 21
GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION NO: VA-QT095C-08
Quotation Form (Page 2 of 2)
PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1°!0/20)
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE
CONSIDERED PART OFI~THE QUOTE/M( UST BE SUBMITTED 1N DUPLICATE.
SUBMITTED BY: `'~1~`t~ ~-~"~~ ~~~ '
COMPANY NAME:
SIGNED:
(I certify that 1 am authorized to execute this QUOTE and
bind the tiug firm)
Contractors must acknowledge receipt of Addendum (if applicable).
Amendment No. 1: Amendment No. 2:
Insert Date Insert Date
NAME/TITLE
ADDRESS:
~~-4~~U 1
~~ .
CITY/STATE:
~C7'Xj .
TELEPHONE NO: 3DGJ ,~R{ ~j ~ (~ <~ 1
FACSIMILE NO: ~~ ~ 2~ ~ ~6 ~~ "
QUOTE NO: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20/08 22
GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION NO: VA-QT095C-08
CHECK LIST
To ensure that your Quote is submitted in conformance with the Quotation documents, please verify
that the followin items have been co leted and submitted as re aired.
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
ProductlCatalog Information
X References
Special Conditions (Page 25)
X Bidder Qualifications
Special Conditions Section 2.17
Contractor's Questionnaire
X (Page 26)
QUOTE NO: VA-QT09SC-O8 CITY OF MIAMI BEACH
DATE: 03/20/08 23
GREEN SPACE MANAGEMENT SITE PREPARATION PROJECT
QUOTATION NO: VA-QT09SC-08
CUSTOMER REFERENCE LISTING
Contractor shall furnish the names, addresses, and telephone numbers of a mhihnum of four (4) firms
or government organizations for which the Contractor is currently performing or has performed
similar work.
~ ~ ~~
1) Company Name ~Du%H m ,~4~t~ ~~
Address (r7~C~ n7cAt? 6~ ~JG, • ~~aN:, 1,.a6C~s `~ 3?-U(`f .
Contact Person/Contract Amount C.~\ ~„~9.
Telephone Number ~`~ .~(~'-~ ~l0(~
~~~ ~
2) Company Name ~y~ ~ ~(~ ~
Address ~~ `.x,t~ (02~ A~• ~~>{+~~a~u~ t ,33('(~{.
Contact Person/Contract Amount ~cxdwt ~
Telephone Number ~5 ~ ~6(v - '`{.2l <- f .
3) Company Name G~ k~/ o-! ~x~~~~pp r ~~ ~{
Address ~~~~ ~-=u) ~Jt ff `~F • ~ o ~~~ ~. 333ZFs
Contact Person/Contract Amount ~ir\ ~ ~ ~a ,(-
Telephone Number ~~`~ 'r`~ ~ f' 2-~, C~~, .
4) Company Name G~~~ ~-t ~o~~}~t~+~„~,l
Address /-{.~`l5 ~c.c) '~°Jj~ P.~.• ~„,~~J~„~,.u~ ~ 33t5CJ•
Contact Person/Contract Amount ~~. ~~~~p
Telephone Number `~tj - ~. ~ 3 - ~3 5 ~ '
QUOTE NO: VA-QT09SC-O8 CITY OF MIAMI BEACII
DATE: 03/20/08 24
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.
1 k~
Does your org lion have current occupational licenses entitling it to do the work contemplated in
this contract? dCi
State ofFlorida occupational license -state type and number: Q.~;Yd.~ ~~c.~ur - C ~-1 ~UH~( -
Dade County certificate of competency -state type and number: a~\ i~~~;c~s~uq Cow ~222y0-~j,
City of Miauu 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 Z~ ./a.~J~a -
(B) As aSub-Contractor `JC~ •/e.~l/~a
(C) What con~cts (aas yo>~organization completed? (use separate sheets if necessary)
Contract Amt Class of Work When Completed Name/Address of Owner
Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing
company name or other company name) due to failure to comply with contractual
specifications? 1~t7
If so, where and why? !•~ ~ ,
Has any officer or partner of your organization ever failed to complete a construction contract
i his own name?
O•
QUOTE NO: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20/08
25
How many years has your organization been in business as a General Contractor under your present
business name? 2~ -
If so, ~tige name of individual, name of owner, and reason thereof
a
_ ~
In what other lines of business aze you financially interested or engaged? -Jt~~a-
u
What bank or banks have you arranged to do business with during the course of the contract should it
be awarded to your __ ~ ~ ~ ~ I
Please list the names and addresses of the subcontractors to be used for the portions of the work
listed below. (~
~ ~ ~ C ~a ~~i...~5 35`ly~ r~J ~`t ~~ • r~pp, ~a,~ ~ ' ~ 1,. 3 3t `~~ .
~~~~c 1ti~~s~c. t221r6 ~.L1 C?~2 ~ ~~C~~e~~~ 33~$~.
I HEREBY CERTIFY that the above answers are true and correct.
Contractor
~~~s n ~~~ ~~~~ ~~~~ .
Print N
QUOTE NO: VA-QT09SC-OS CITY OF MIAMI BEACA
DATE: 03/l0l08 26
What eauinrrldnt db you own tl~t is mailable for the~~proposed work and where located?
CONTRACT FOR QUOTATION NO. VA-QT9SC-09
'; THIS CONTRACT made this 20 day of March 2008 . 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.
hereinafter called the Contractor, which term shall include its heirs, successors and assigns.
WITNESSETH 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. VA-QT095C-O8 and entitled "GREEN SPACE MANAGEMENT
SITE PREPARATION PROJECT" (also referred to as "the work" or "the Project', do hereby
mutually agree as follows:
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. VA-QT07I-08 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,
aze 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 1.43 ofthe Quotation documents.
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
Public Works Assistant Director, the Contractor shall be substantially completed
with the work within sixty (30) calendar days from the issuance of the Notice to
Proceed, and completed and ready for final payment within ninety (60) calendar
days after the issuance of said Notice.
3.2 Damages -City and Contractor recognize that the City will suffer duect 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
QUOTE NO: VA-QT09SC-08 CITY OF MIAMI BEACH
DATE: 03!10/OS 1~
or azbitration 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 ($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 remanvng work
within the Contract Time, Contractor shall pay Owner Two Hundred Dollars
(S200.00) 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 fiumish 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 Public Works Assistant
Director.
6. If the Contractor shall complete the work herein contemplated in a good and worktttazilike
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 docurnts 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 aze subject to unit prices.
QUOTE NO: VA-QT09SC-OS CITY OF MIAMI BEACH
DATE: 03/20/08 28
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 regazd to principles of conflict of laws.
The exclusive venue for any litigation arising out of this Agreement shall beMiami-Dade
'' County, Florida, if in state court, and the U.S. District Court, Southern District ofFlorida, if
' in federal court. BY ENTERING INTO THIS AGREEMENT, the City AND
Contractor EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY NRY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
11. This Contract, and all attachments hereto, comprises the entire agreement between City and
Contractor.
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 of the City
of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of
Miami Beach, and the said Contractor has caused this Agreement to be signed it its name.
CITY OF MIAMI BEACH
BY ~2~e~
ayor
Matti Herrera Bower
TTEST:
City Clerk
Robert Parcher
ATTEST:
~~~
Signature
CONTRACTOR
By_- _
Sigua ure of President or
Aut rued Representative
~~`~~ CJ1~'dcSfy `~ac~~~al
Print Name%Title
J
Print Name/Title
APPROVED AS TO
QUOTE NO: VA-QT09SC-OS FORM & LANGUAGE
DATE: 03!20/08 ~t~~EJt$$tlXf~-CH
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