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Waterproofing & Paint Project No. Shore Youth Centerboo ~ -.~~ ~s-3 ~~~0 7- /~ 7~. WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER QUOTATION #VA-QT12W-08 Michael Alvarez, Public Works Assistant Director City of Miami Beach -Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTA NO: VA-QTI2W-08 CITY OF MIAMI BEACH DATE: 04/24/08 I CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 http:lMiamibeachfl.gov Telephone (305) 673-7000 Facsimile (305) 673-7650 QUOTATION NO: VA-QT12W-48 WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER Description: The work for the Waterproofing and Paint project consist ofremove and dispose all deteriorated window perimeter sealant and reinstall a new polyurethane sealant to the properly prepared window. All deteriorated silicone window glazing sealant will be removed and replace by new structural silicone on all properly prepared window glazing joints. Repair concrete cracks thru out the building. Repair rooftop parapet. Pressure clean all exterior surfaces to be waterproofed, repair stucco cracks, apply masonry sealer and waterproofing coating. Scope of Work: All work shall be done as specified on this Contract, following the scope of work, methodology and materials specified by TREMCO. Exterior color will be selected by the owner. The Contractor shall supply all labor, materials, equipment and services of every kind necessary for the proper execution of the Project. All materials shall be new and workmanship shall be of good quality. All workmen and subcontractors shall be skilled in their trades. 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 afterthe contract is awarded. The Waterproofing Contractor awarded this contract must be able to pull any/all required permits no later than two (2) weeks after the contract is ezecuted and approved. The successful Contractor will be required to famish General and Automobile Liability inc~,rance in the respective amounts of $1,000,000 (and include the City of Miami Beach, Florida, as additional insured on the certificate); current Occupational License; and copy of a current State of Florida Contractor License. The City of Miami Beach reserves the right to accept any Quote deemed to be in the best interest oft City. T e City of 'Beach may reject any and all Quotes. .,~-cam- 'chael arez, C Assistant Director, Public Works Department QUOTE NO: VA-QT12W-08 CITY F MIAMI BEACH DATE: 04/24/08 2 Z 1- Z_ Q z LL 0 a w Q W H Z W V 0 w 0' 2 2 H O Z Z O w ~_ H z W W Q Z Q H W a 0 a Q W GO Q ti O } U w O N r F Q z z 0 H O C! H W W z 0 a J m F ? f- o 0 0 0 Z Q o o 0 0 a °' °' N ai N of N ~ ~3 ~ N a~ c ~ o° o° a ~ o0 0° v ~ ~ '£ to t,c) RS ~ N ~3 N ~ ~C3 fl o a ,.; c ~_ ~ ~tS, ' O t33~.~ O' ~~ ~ . ~ g v ~ a~ ~ ~ o • o '~ .N ~ m o° a ~ ~ ~ ~ ~ ~ ~ ~ Q ~ 0 0 . ~ c c 0 U O ~ c~ ~ Z o a Q ~ t' U (~ Q w za n ~ °~ J_ m DOCUMENT 00411- BID FORM . City of Miami Beach North Shore Park and Youth Center 501 72°d Street Miami Beach, Fl Bidder: Excell Caulking & Waterproofing, Inc. BASE BID, SINGLE-PRIME (ALL TRADES) CONTRACT The undersigned Bidder, having carefully examined the Bidding and Contract Requirements, Conditions of the Contract, Drawings, Specifications, dated March 25, 2008, and all subsequent Addenda, all as issued by the Owner, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services as described in the above documents, without exception, including all scheduled Allowances if any, necessary to complete the construction of: Single Prime (All Trades) Contract For the above-named Project, in accordance with the requirements of the Bidding Documents, for the sum of: Two Hundred Nine Thousand Two Hundred Fifty Dollars ($ 209,250.00 Company Name License Number Excell Caulking & Water~roofmg, Inc. 97BS00028 TIME OF COMPLETION The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by the owner and shall fully complete the Work within the Contract Time indicated in the Supplementary Conditions. Document 00411 00411 - 1 ACKNOWLEDGEMENT OF ADDENDA The undersigned Bidder acknowledges receipt of and use of the following Addenda in the preparation of this Bid: Addendum No. 1, dated CONTRACTOR'S LICENSE The undersigned further states that he is a duly licensed Contractor, for the type of work proposed, in the State of Florida, and that all fees, permits, etc., pursuant to the submission of this proposal have been paid in full. SUBMISSION OF BID ,) J~ - Respectfully submitted this '~ day of ~~' 2008. Witness: Attest: (Signature) V By: ~~N >~ o nay (Type or print name) Title: (Corporate Secretary or Assistant Secretary Curly) Title: PRESIDENT (Owner/Partner/PresidentNice Pres.) Address: 20i 1 Harding Street Hollywood. FL 33020 Phone: (954)922-5630 License: 97BS00028 Federal ID No: 65-0718904 (Affix Corporate Seal Here) END OF DOCUMENT 00411 DOCUMENT 00411 00411-2 (Type or print name) Miami Beach -North Shore Park and Youth Center Building Exterior Waterproofing 1.9.1 The contractor should provide unit prices for the following items: a) Stucco repair $/sq. ft. $15.00/ sg. ft. b) Concrete repair $/sq. ft. $90.00/ sg. ft. c) Swing Stage demobilization and mobilization due to hurricane Occurrence $2,500.00 each Tremco Incorporated 4427 Fox1a~ lane, wer5ton, FL 33331 Ricardo Moncada Area Manager March 7, 2008 Viviana Alemany City of Miami Beach Property Management Re: North Shore Park Youth Center Deaz Ms. Alemany ?!lE/DCG! 800.851.4109 Vdoernail 854.306.0518 Office/FAX 854.817•fifl20 LAobio 800•fi28.75D7 Division 01Nce e-mall: moncadri~vemcoinc.oom Thank you for the opportunity to assist you in solving the problems you are having with water infiltration at the North Shore Pazk Youth Center. After visiting the building and locating where the water infiltration problems are located, we discovered that most of the problems are located in the perimeter of the building. We inspected the roofs and found them to be in fair condition. There aze some minor items that need attention but they are not the source of the problems. What we found out is that the exterior of the building has several deficiencies that allow for water infiltration. The wall coping all around the building is cracked. Even though most of the cracks are small, because of their location, the water runs through them and gets inside the walls. The caulking around the windows is also deteriorated and need to be replaced. With time, the gaskets of the windows shrink and create openings between the glass and the window frame that also allow for water infiltration. The paint used to coat the building is fading, leaving some areas of the stucco exposed. When it rains, the stucco soaks with water and the moisture gets pulled into the wall. It is my recommendation to waterproof the building exterior. Attached you will fmd a photographic report and budget figures for the recommended tasks. Once you decide to move forwazd with the project, I will prepare the bidding documents and solicit bids form the contractors. Please let me know if there aze any questions or comments regazding the above information. Yours truly, Tremco Inc. Tremco incorporated Roof Analysis Report Prepared For City of Miami Beach Roof Photos Report City of Miami Beach North Shore Park Youth Center Exterior Fascade Exterior Fascade There are cracks on the exterior walls that allow for water infiltration. The paint that was used on this building has faded. Exterior Fascade There are watermarks under the the coping of the wall. The red color is an indicator of rusting elements inside the wall. Exterior Fascade Signs of rusting elements can also be found inside the stair case. Exterior Fascade The cracks on the building walls are very easy to locate due to their size. . ~ . amzoos Roof Photos Report + City of Miami Beach North Shore Park Youth Center Exterior Fascade + Exterior Fascade The wall coping is cracked and allows water infiltration Exterior Fascade The extend of the cracks on the coping is the entire perimeter of the building. Exterior Fascade Poor quali#y repairs also contribute to the deterioration of the walls. Exterior Fascade The inside section of the parapet walls is deteriorated as welt. 2 , snrzoos Roof Photos Report City of Miami Beach North Shore Park Youth Center Roof Exterior Fascade The walls around the mechanical room in the back of the building has holes from a pipe the was removed and never was repaired. Exterior Fascade The window perimeter caulking is deteriorated and needs to be replaced. Exterior Fascade There are splits between the caulking and the masonry around leuvers and windows Exterior Fascade This corner repair has failed. The stucco has cracked open again. 3 . aRi2oos Roof Photos Report City of Miami Beach North Shore Park Youth Center Roof Roof The roofs seem to be in #air condition. There are minor item that need preventive meintenance. The roofs are not the source of the water infiltration problem. Roof The laps around penetrations need to be checked Roof Some flashing laps are open Roof The seal around scuppers need to be checked. 4 . 3m2oo8 ACORD CERTIFICATE ©F 1~IABILtTY INSURANCE DATE IMM/DD/YYYY, OMYrJfZUOS PROOVCeR Tt{IS CERTIFICATE iS tSSl1ED AS A :MATTER OF INFORMATigN Presby & Company, Inc, ONLY ANp CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DgES NOT AMENA, EXTEND OR P.O. Box 11150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale FL 33339 ~ INSURERS AFFORDFNG COVERAGE ~ NAIC N INSURED Excetl Caulking 8 Waterproofing, inc. 1 ,NS URER A. North Potnte Insurance Com. ~ 2011 Harding Street I = T _ (~-INS-u-RSR s ' INSURER c: t Hollywood F1.33020 INS RERD ~__~ ~ ~'~~'~ INSURER: E: s L4]V F'KAl~C1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE tNSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF RNV CONTRACT OR OTHER DOCUMENT WITH. RESPECT TO WHICH THIS CERTIFICATE MAY Bf 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 HEEN REDUCEDBY PAID CLAIMS. ~~ T INSR %1DD'y POLICY NUMBER POLK:Y EPfECTIVE POLICY EXPIRATION I:WHTS _' 6£NERAL LIABILITY EACHO " RRENCE.-_, Ci~~-.. .r S 1 OOO,ODO ~ 3 X COMMERCIAL GENERAL L1A$iLITY ' 2094118495 r--r-- 03/04fZ008 03/04f2008 . DAMAGE TO RENTED -_ . -_ _._ ...._. ~ 5fl,000 ; I X ' ___ -^.~.~- CL:,tMS MADE ~ _, DCCUR ! ' _ .~ MED E%P A .one reon' S EXCluded ~--~ - --- `: ~ P£RSONALQADV 1NJtSRX S 1.1100,000 -- -------- i I j GENERAL AGGREGATE 2,000,000 I GEt: t AGGREGATE LiM:T APS-'LIES PER ~ _ ~ - ' ~ ~ 3 I PRODUCTS - COMPIOP AGG ~ITQQQ,OO~I I } ` P~~0- I -^T- PDLSGY LOC AUTOMOBILE LIABILITY } ~ ~ i CDM97NED SINGLE LtM17 I :.>av FtUTC ~ (Ee ecradentj 1~ ALL O.vNED AUTOS _ -~-- 84DILY ItJJURY _ SCIiEDS ED F.UTOS f ~ t {Per pgtson; I S HIRED AUTD:- ~ ~"`^~ ~ j .BODILY IIVJURV } ~ tdDN-DWNEDAUTDS l ~ t t (Peracotlenl) r S ~ ' -__1 __.____.__.__._...__..__.......__..._..._.._. - ~ - ~ i 1 PROPERTY DAMAGE 6 E i (Pef acadenRj 1~ GARAGE LIABILITY j AUTa? ONLY - EA ACCIDENT i S ~ A.'NY At!'"O ~ ! ER THAN ~ ACC,y OT 5.~_-_-__ ..-_- i I Y AU~DONLY AGG ~ ~ _ Y E%CESS/UMBRELLA LIA81LiTY ~.._.. ~ EACH OCCURREfiCE 3 S 2,{100,000 : A ` X 'OCCUR ~ CLA!PAS MADE , 209411649& r"'J 03/04/2008 i 03104/2009 AGGREGATE ._- : E 2,1N1U,000 i--, i ` ~ S 4__-.-_ DECUCTIBtE ~ S I I RETENTION S ! t S I WORKERS COMPENSATKN! ANO 11I ' 1 IM1'C STATU- S OTM- ~ ~.II]EYI py1t7S { LU18ILlTY ~ t EMPLOYERS ~ i ANv PRGPRIETOR/PARTNERlEXECUTi3E 1 E.L. EACH ACCIDENT 1 S GFFICERlMEMBER EiCCLUDED? ! _E.L. DISEASE - EA EMPLDYE£4 _ S - - Q es, tles~be untler ~ P ('tA PR I i N" o ow £.L. Df E -POLICY LiMiT - S OTHER i I I DESCRIPTXNV OF OPERATK)NS t LOCATIONS / VEHICLES t EXCLU81ON8 ADDED BY ENDORSEMENT 1SPECIAL PRONSK)NS North Shore Youth Center Waterproofing Project Certificate holder is named as additional Insured with respects to liability only SHOULD ANY OF THE ABOVE DESCRB3ED POLICIES BE CRNCELLED BEFORE THE EXPiRATidN City of Miami Beach DATE THEREOF; THE 185UNVti INSURER iMLL ENDEAVOR TO MAIL 10 DAYS WRfTTEN Pfoperty Management Department NOTICE TD THE CERTIFICATE HOLDER NAMED 70 THE LEiT, BUT FAIWRE TO DO so SHALL 1245 MlChigaR AYeRUe pNPDSE NO DBLK3ATION OR LIABILITY OF ANY KIND UPON T1iE INSURER, Its AGENTS OR Miami, FL 33139 ttEPREBENTATIVE8. QUOtatIOR # VA-QT~2W-Q8 ~ A EPRESExTA £ """'•" °~ I°~" "~°~ tFJ YkGVKU GC?RPORATtON 1988 - Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder other than those provided by this policy. ;Phis certificate does not amend, extend, or alter the coverage afforded by the policies described herein. Named l.nsured(s): Levity HR, Inc; Gevity HR, LP; Levity HR II, LP; Gevity HR III, LP; Gevity HR IV, LP; Gevity HR V, LP; Gevity HR VI, LP; Gevity HR Vli, LP; Gevity HR VHI, LP; Gevity HR IX, LP; MARS H i Lev ty HR X, LP; Levity HR Xl, LLC; Levity HR X11 Corp.; Gevity XIV, LLC. 9000 Town Center Parkway Bradenton, Florida 34202 Insurer Affordin Covera e American Home Assurance Company Coverages: Member of American International Croup, Inc. (AIL) ']'his is to cetlify that the; policy(ies) of insurance described herein have been issued to the insured named herein for the policy period indicated. Notwithstanding any requirement. term or condition of any contract or other document ~a~ith respect to which the Certificate may be issued or may pertain. the insurance afforded by the policy(ies)described herein is suhject to all the terms, conditions and exclusions of such policy(ies). (Aggregate) Limits shown may have been reduced by paid claims. T e of Insurance Certificate Exp. llate Polic Number Limits Em loyers Liabilit Workers' 1-1-2009 RMWC4402_574 Bodily Injury By Accident Compensation RMWC4275667 $ 2,000,000 finch Accident Bodily Injury By Disease $ 2,000,000 Policy Limit Bodily Injury By Disease $ 2,000,000 Each Person Other: 777 17th St, Miami Beach, FL Employees Leased To: Effective Date: 1/1/08 17788 Excel] Caulking and Waterproofing Inc. The above reFerenced workers' compensation policy(ies) provide(s) stauuory benefits only to the employees of the Named Insureds) on such policy(ies), not to the employees of miy other employer. Notice of Cancellation: Should. any of the policies described herein be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written. notice to the certificate holder named herein, but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives. Certificate Holder: City of Miami Beach Property Management Department 1245 Michigan Ave Miami Beach, FL 33139-3807 /1~~~. ,~C~Cf/,cw.s~ Michael C. Weiss Authorized Representative of Marsh LISA Inc. (866) 443-8489 01;01/2008 Phone Date Issued CERTIFICATE OF INSURANCE - ^ALLSTATE INSURANCE COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CERTIFICATE HOLDER NAMED INSURED Name and Address of Part to Whom this Certificate is Issued Name and Address of Insured CITY OF MIAMI BEACH EXCELL CAULKING PROPERTY MANAGEMENT DEPRATMENT 2011 HARDING STREET 1245 MICHIGAN AVENUE HOLLYWOOD, FL. 33020 MIAMI BEACH, FL. 33139 ~ rns is io c:eiury inat poncies or insurance ustea oeiow nave oeen issues to the insured named above subject to the expiration date indicated below, 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. TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COMMERCIAL GENERAL LIABILITY Number Date Date Limit Amount GENERAL AGGREGATE LIMIT (Other than Products -Completed Operations) $ PRODUCTS -COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVERTISING INJURY LIMIT $ EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE LOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WORKERS' COMPENSATION & Policy Effective Expiration EMPLOYERS' LIABILITY Number Date Date Covers a Limits WORKERS' COMPENSATION STATUTORY - a lies onl in the followin states: EMPLOYERS' BODILY INJURY BY ACCIDENT $ EACH ACCIDENT LIABILITY BODILY INJURY BY DISEASE $ EACH EMPLOYEE BODILY INJURY BY DISEASE $ POLICY LIMIT AUTOMOBILE LIABILITY Policy Effective Number 048168841 Date Expiration 07/07/2007 Date 07/07/2008 Covers a Basis Limits ANY AUTO ^ OWNED AUTOS ^ HIRED AUTOS Combined Single Limit of Liability BODILY INJURY & PROPERTY DAMAGE $ 1 ~QQQ QQQ EACH ACCIDENT ^ SPECIFIED AUTOS ^ NON-OWNED AUTOS Slit Liabili Limits Bodily Injury Property Damage Each ^ OWNED PRIVATE PASSENGER AUTOS $ PERSON ^ OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ ACCIDENT UMBRELLA LIABILITY Policy Effective Number Date Expiration Date EACH OCCURRENCE GENERAL AGGREGATE PRODUCTS -COMPLETED OPERATIONS AGGREGATE $ $ $ OTHER (Show Policy Effective Expiration t e of Polic Number Date Date DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS CITY OF MIAMI BEACH LISTED AS ADDITIONAL INSURED. QUOTE # VA-QT1 2W-08 CANCELLATION Number of days notice 30 l~avicf rFeat~ierAgent August 10, 2007 Authorized Representative Date Should any of the above described policies be cancelled before the expiration date, the issuing company will endeavor to mail within the number of days 30 entered above, written notice to the certificate holder named above. But failure to mail such notice shall impose no obligation or liabilit of an kind upon the compan , its a ents or re resentatives. U 10523-2 i ' ~~~~~~ s MIAMI-DADE COUNTY, FLORIDA METRO-DADE FLAGLER BUILDING EXCELL CAULKING & WATERPROOFING INC 2011 HARDING ST HOLLYWOOD, FL 33020 Fridav, November 17, 2006 Dear Sir/Madam: BUILDING CODE COMPLIANCE OFFICE METR0.DADE FLAGLER BUILDING ]40 WEST FLAGLER STREET, SUITE 1603 MIAMI, FLORIDA 33130-1563 (305) 375-2901 FAX (305) 375-2908 CONTRACTOR LICENSING SECTION (305) 375-2527 FAX (305) 375-2558 CONTRACTOR ENFORCEMENT SECTION (305) 375-2966 FAX (305) 375-2908 PRODUCT CONTROL DIVISION (305} 375-2902 FAX (305) 372-6339 Please see your license ID card attached. This ID card has added features such as, no breakage, water-proof, tamper- proofand is color coded to distinguish between license categories in the respective trade(s). This license must be in your possession at all times pursuant to Chapter 10, Code of Miami-Dade, Florida. If the card is lost or stolen you will be required to pay a fee of $25.00 for a duplicate license card. CT ~ Construction Trades and Qualifying Board Qualifying Agent: SHIMKO GARY Contractor Name: EXCELL CAULIQNG & WATERPROOFING D.B.A.: License No. 97BS00028 • • ~ , Exp. Date: 09/30/2008 Herminio F G za z P. Please contact the Contractor Licensing Section if you have any questions at (305)375-2527. Sincerely; ~~ Shirley D. Brown, Supervisor Contractor Licensing Section Internet mail address: bcco@miamidade.gov Homepage: http://www.miamidade.gov/buildingcode • #~'IAMI-DAt3E COUNTY 2fi(!'! MUN~CFPAL C4NTRAC'7UR'8 2008 FlRST-CLA$S TAX COi_ t~EL'Tt1R TAX AECEfPT U.S. PO~TAtiE ia~tn ~ LOOAROLER sr. Mi,itIVIF-0ADE CO1JHTtl - STATE of ICLORiDA PAio Mt1AN11, fL 33130 PURSUANT TQ DADE COl1NTY CC}pE SEC. 10-24 , ~ EXPIRES 9EP"C 3D, 200+8. PERNUT N0.291 uce+vsENO. 30-38b1433 CC N0: 47BS00028 BUSINESS NAME /LOCATION TkitS tS td OT A, $ILL-DO tdOT PAY tS HEREBY LICENSED TO t)O EXCELL CAULKING AND WATERPROOFING BUSINESSASACONTRACTOR INC AS SPECIFIED HEREON. DOING BUS IN DADE CO OWNER :EXCELL CAULKING&WATERPROOFING INC ~ SEE BACK OF RECEIPT FOR ~ SPECIALTY BUILDING CONTRACTOR ~ A LIST OF NDN-PARTiCIPATING ~ MfUNICIPALITIES ~ ' { Receipt hWder must DO NOT FORWARD register in the city EXCELL CAULKING AND WATERPROOFING where work is to bA INC done. GARY SHIMKO PRES 2011 HARDiNG ST PAYktENTR£CEtVED HOLLYWOOD FL 33020 co "';? ~''v~l~%2~07 bOD60000288 000175.00 .. ... ( .ft. tj 2t.. ..tt• 1 ISIi~SIS~iI~IlSiSfiltItliiSSiSII?Ii7Siii~i7if~Ilt~jliiilSi~2i I„ll!„11,11„„. I~<tiCcNII•DADE COUNTY 2007 LOCAL BUSINESS TAX RECEIPT' 2110$ F1RSr-CLASS TAX CC3LLECTOR MIAMI-DADE COUNTY -STATE OF FLOR(RA US. POSTAGE t~0 Yv. FLAGLER ST. EXPIRES SEPT. 30, 2008 144h I;L.OOR MUST BE DISPLAYED AT PLACE OF BlI5(NESS PAID hf>A,DJ#I, FL 3318(1 PURSUANT TO COUNTY CODE CHAPTER $A - ART. 9 & ilt t,9tAMi, FL PERMIT N0.23t T1~i~ I~ ?~~T '_ E;LI,-rJt3 NCT FrA"` 3b9b5b-5 RENEWAL ~tasi~ESS t"a:aan€ r LOCAi'!DI@ LICENSE ND. 386143-3 EXCELL CAULKING AND WATERPROOFING CC iE 97BS00028 INC DOING BUS IN DADE CO EXCELL CAULKING&WATERPROOFING IN Sec. 7' ~pe of Business WORKER/S 1~6 SPECIALTY BUILDING CONTRACT0R 1 TlitS IS UkiY '~ tJ6AL 8C5tNLSr TAX RECESP7, CY ±tOES !)97 PERM,t7 THE H3tDEA SQ YtpLATE ANY fXt$TiHti OR REta~JLA7OlYY cau~iv o~ citr-.s No;4 DO NOT FORWARD NQLLSEA FROM ANY GSHES oaES cr EX EM P7 THE EXCELL CAULKING AND WATERPROOFING PEt?MtT Qp LICENSE flEQUtl4£D BY SAw. Tlft$ IS INC NO? A CEHTif'tCATi4N Of y+ THE NDLCER'S 17UALIPSCA- VARY SHIMKO PRES 7'0" 2011 HARDING ST PaxlaEtaTasc~'~EG HOLLYWOOD FL 33020 M{AMt-DAf1E Cw'~l3!{T`~ 7AR 08/15/2007 booboooo289 lttll„,11,Ii,,,,t1,111„~„l,li i all I 1 000075.00 "~ t„~ , „ ,,.1 ,t,11,14„I Si<I= ~ITNER SIDE """~ ~ H"`•. CITY OF HOLLYWOOD TREASURY SERVICES DIVISION ~~ LOCAL BUSINESS TAX RECEIPTING ~~~~- ~~~ HOLLYWOOD~FLD330 0 ~ ROOM 103 EXCELL CAULKING & WATERPROOF 2011 HARDING ST HOLLYWOOD FL 33020 4474 26705 '~ =~~` ~ CITY OF HOLLYWOOD LOCAL BUSINESS TAX RECEIPT PRINT DATE: 9/19/07 •~,~., ,. THIS IS YOUR LOCAL BUSINESS TAX RECEIPT. PLEASE DETACH AND POST IN A CONSPICUOUS PLACE AT THE BUSINESS LOCATION. PEASE DO NOT REMIT ANY PAYMENT. THIS IS NOT A BILL. Business Name: B~~iness Location• Business Class: Tax Basis: Receipt Number: Receipt Year: Expiration Date: EXCELL CAULKING & WATERPROOF 2011 HARDING ST CONTRACTOR/SPECIALTY 26 - 50 WORKERS 08 00010364 to/ol/o~ 09/30/08 .NFW CHARGF~ (Itemized Below) Base Fee Additional Charges: TOTAL NEW CHAR~ES~ Penalty Amount: Previous Balance Due: PURSUANT TO STATE LAW, THE LOCAL BUSINESS TAX IS LEVIED ON THE PRIVILEGE OF DOING BUSINESS WITHIN A CITY'S LIMITS, AND IS NON-REGULATORY IN NATURE. ISSUANCE OF A LOCAL BUSINESS TAX RECEIPT BY THE CITY OF HOLLYWOOD DOES .NOT MEAN THAT THE CITY HAS DETERMINED THAT THE EXISTING OR PROPOSED USE OF A LOCATION IS LAWFUL. ISSUANCE OF A LOCAL BUSINESS TAX RECEIPT DOES NOT LEGALIZE OR CONDONE THE NATURE OF THE BUSINESS BEING CONDUCTED IF CONTRARY TO ANY LOCAL, STATE OR FEDERAL LAWS OR REGULATIONS. 423.00 423.00 423.00 .oo .oo 423.00 -mod' i~;, 'rowe~a.~at•~arvsc23oBi ``` ,'~; gv2on~ao~~ {R~ sx~~ ~O~ fy t~a .~,~,-E r =, „-, f k~ ~.. ~. {. rt.. WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER QUOTATION NO: VA-QT12W-08 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 Public Works Assistant Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. Quotation Forms submitted by faz (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 i.JNIT 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(sj. QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 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 subnutting quotes are expected, and solely responsible for examining the specifications, delivery schedules, quotation prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Contractor's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this Quote shall be the latest new and current model offered (most current production model at the time of this Quote). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Quotation documents, all manufactured items and fabricated assemblies shall be Underwriters Laboratories listed or re-examination listing where such has been established by Underwriters Laboratories for the item(s) offered and furnished. 1.9 WAIVER OR REJECTION OF QUOTATIONS: The City of Miami Beach reserves the right to waive irregularities or technicalities in Quotes or to reject all Quotes or any part of a Quote as it deems necessary in the best interest of the City. 1.10 EQUIVALENTS: If Contractor offers makes of equipment or brands of supplies other than those specified in the Quotations Documents, he must so indicate in its Quote. Specific article(s) of equipment/suppliesspall conform in quality, design and construction with allpublished 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. QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 4 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 maybe tested for compliance with specifications. Items delivered, not conforming to specifications may be rejected and returned at Contractor's expense. Those items not delivered as per delivery date in Quote may be purchased on the open market. Any increase in cost may be charged against the Contractor. Any violation of these stipulations may also result in Contractor's name being removed from the City's vendor list. 1.12 SAMPLES: Samples of items, when required, must be furnished at Contractor's sole cost and expense. Contractors will be responsible for the removal of all samples furnished within thirty (30) days after Quote opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Contractor's name. Failure of Contractor to either deliver required samples or to clearly identify samples may be reason for rejection of the Quote. Unless otherwise indicated, samples should be delivered to the attention of: City of Miami Beach Public Works Assistant 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 ofpurchase 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 aze 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-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 5 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 decision of the City shall be final and binding on all parties. 1.18 LEGAL REQUIItEMENTS: 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 i 1375, relative to equal employment opportunity for all persons without regazd to race, color, religion, sex or national origin. 1.23 AMERICAN WITH DISABILITIES 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-QTI2W-OS CITY OF MIAMI BEACH DATE: 04/24/08 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 model, of ` the best quality, and highest grade workmanship. 1.25 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Contractor is required to enter or go onto City of Miami Beach property to deliver materials or 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, 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 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 MLA.MI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. QUOTE NO: VA-QT12W-08 CITY Ok' MIAMI BEACH DATE: 04/24/08 ~ 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, Florida, 33139 (or faa (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 Public Works Assistant Director. A copy of such Addendum shall be sent by mad 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. QUOTE NO: VA-QTI2W-0S CITY OF MIAMI BEACH DATE: 04/24/08 8 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 descn`bed 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 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 Public Works Assistant Director may require Contractors to show proof that they have been designated as authorized representatives of amanufacturer orsupplierwhich isthe 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 oftheproducts 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 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 aze to be Spot Market Purchased may be purchased by other methods, (i.e. Federal, State or local contracts). QUOTE NO: VA-QT12R'-08 CITY OF MIAMI BEACH DATE: fl4/24/fl8 9 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, aze for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Quote. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City, for purposes of determining the successful Contractor meeting specifications, may use said estimates in reaching a decision. 1.42 COLLUSION: Quotes from related parties: Where two (2) or more related parties each submit a Quote, such Quotes shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such Quotes. Related parties shall mean, in this case, respondents to this Quotation, or the principals thereof which have a direct or indirect ownership interest in another respondent for the same Quotation, or in which a parent company or the principals thereof-have a direct or indirect ownership interest in another respondent for the same Quote. Quotes found to be collusive shall be rejected. Respondents who have been found to have engaged in collusion shall be considered non-responsive, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.43 DISPUTES: In the event of a conflict between the documents, the order ofpriority 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. 1.45 GRATUITIES: Contractors shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Quotation. QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 10 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 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 ofthe 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-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 11 WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER QUOTATION NO: VA-QT12W-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 "WATERPROOFING AND PAINT PROJECT AT THE NORTH SHORE YOUTH CENTER", as specified in the Quotation Form 2.2 METHOD OF AWARD: Award of this Contract will be made to the lowest responsive, responsible and best Contractor whose Quote will be in the best interest of the City of Miami Beach. 2.3 PAYMENT: Payment will be made upon final completion of this Project. The City will pay the Contract price, minus any liquidated damages and/or other damages, upon final completion and acceptance. 2.4 [Intentionally Omitted] 2.5 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this Contract) The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this Project. It shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at alltimes 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-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 I2 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: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 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 famish 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 wi71 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: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 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). XXX 3. Automobile Liability - $1,000,000 each occurrence - ownedJnon-owned/hired automobiles included. 4 XXX 5 6 XXX 7. XXX 8. XXX 9. 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. Other Insurance as indicated: -Builders .Risk completed value $ -Liquor Liability ~ Fire Legal Liability $ Protection and Indemnity $ Employee Dishonesty Bond $ _ Other $ 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: .00 .00 .00 .00 .00 .00 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. r~ c~ ~,, Signa a of Contractor Tint Name/ Title + QUOTE NO: VA-QTI2W-OS CITY OF MIAMI BEACH DATE: 04/24/08 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 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 ninety (90) 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 waterproofing and painting the building will require a minimum warranty of five (5) year. 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 North Shore Youth Center is located at 501 72"d Street, Miami Beach, Florida, 33141. 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 work; and has provided scope of work to similaz size projects as the Project outlined herein. QUOTE NO: VA-QT12R'-08 CITY OF MIAMI BEACH DATE: 04/24/08 16 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 REQUIltED 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-QT12W-08 CITY OF MIAMI BEACH DATE: 04/2410$ 17 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement ofQuantities -All work completed under this Contract shall be measured by the Public Works Assistant 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 of the pavement. No allowance shall be made for surfaces laid over a greater area than authorized or for material moved from outside ofslope-stakes and lines shown on the 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 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 fiunishing 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-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 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 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 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 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. 3.5 Partial Payments - Ifthe 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 not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the final estimate. and payment. If the total amount of the retained percentage of the contract is greatly in excess of the uncompleted portion of the Contract the City, may allow the Contractor a portion of the QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 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 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: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 20 WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER QUOTATION NO: VA-QT12W-08 Quotation Form (Page 1 of 2) The work for the Waterproofing and Paint project consist of remove and dispose all deteriorated window perimeter sealant and reinstall a new polyurethane sealant to the properly prepared window. All deteriorated silicone window glazing sealant will be removed and replace by new structural silicone on all properly prepared window glazing joints. Repair concrete cracks thru out the building. Repair rooftop parapet. Pressure clean all exterior surfaces to be waterproofed, repair stucco cracks, apply masonry sealer and waterproofing coating. Scope of Work: All work shall be done as specified on this Contract, following the scope of work, methodology and materials specified by TREMCO. Exterior color will be selected by the owner. UOTE 1) Total price for waterproofing and paint entire building LUMP SUM ~ 209,250.00 QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 3i WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER QUOTATION NO: VA-QT12W-08 Quotation Form (Page 2 of 2) PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1%/20) ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE QUOTE MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Gary Shi_mko ~1 COMPANY NAME: Ex 1 Caul in W SIGNED: ~ (I certi at I am authorized toe to this QUOTE and bind the quoting firm) Contractors must acknowledge receipt of Addendum (if applicable). Amendment No. 1: Amendment No. 2: Insert Date Insert Date NAME/TITLE (Print): Gary Shimko, president ADDRESS: 2011 Harding Street CITY/STATE: Hollywood, FL ZIP: TELEPHONE NO: (954) 922-5630 33020 FACSIMILE NO: (954) 922-5642 QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 22 WATERPROOFING AND PAINT PROJECT AT NORTH SHORE YOUTH CENTER QUOTATION NO: VA-QT12W-08 CHECK LIST To ensure that your Quote is submitted in conformance with the Quotation documents, please verify that the followin items have been com 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/EqualProdact 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 Contractor's Questionnaire X (Page 26) QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 23 f WATERPROOFING AND PAINT PROJECT AT THE 1701 MERIDIAN AVENUE BUILDING QUOTATION NO: VA-QT-12W-08 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. 1) Company Name City of Miami Beach Property Management Division Address 777 Building/1701 Meridian Avenue Contact Person/Contract Amount Viviana Alemany Telephone Number (305)673-7000, ext 2968 2) Company Name University of Miami/University Village Project Address 1535 Levante Avenue, Coral Gables, FL 33146 Contact Person/Contract Amount James Durante, Sr. Proj Mgr/$132,125.00 Telephone Number (305) 284-6859 3) Company Name Broward General Medical Center Address 1600 South Andrews Avenue, Ft. Lauderdale, FL 33316 Contact Person/Contract Amount Art Grissom, CSSO/$834,260.00 Telephone Number (954) 712-4289 4) Company Name ING/Clarion/ The Esperante Building Address 222 Lakeview Drive, West Palm Beach, FL Contact Person/Contract Amount Durward Williams,CE/$501,600.00 Telephone Number 561-650-7300 QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 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. Submitted to City of Miami Beach, Florida: By Gary Shimko, president of Excell Caulking & Waterproofing, Inc. Principal Office 2011 Harding Street, Hollywood, FL 33020 How many years has your organization been in business as a General Contractor under your present business name? 12 years Does your organization have current occupational licenses entitling it to do the work contemplated in this contract? yes State of Florida occupational license -state type and number: City of Hollywood, 07 00010364 Broward County, 184-0001442 Dade County certificate of competency -state type and number 97BS00028 City of Miami Beach occupational license -state type and number: 386143-3 and 30-361433 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 14 (B) As aSub-Contractor 14 years (C) What contracts has your organization completed? (use separate sheets if necessary) Contract Amt Class of Work When Completed Name/Address of Owner See attached Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to failure to comply with contractual specifications? No If why? so, where and Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 25 If so, state name of individual, name of owner, and reason thereof N/A In what other lines of business are you financially interested or engaged? None Give references as to experience, ability, and financial standing See attached refrence list What equipment do you own that is available for the proposed work and where located? We will rent stake equipment and/or hi lifts all other equipment is owner by Excell Caulking & Waterproofing, Inc. What bank or banks have you arranged to do business with during the course of the contract should it be awarded to you? Existing bank relationship with Wachovia Bank includin eg xisting lines of credit - our account is in excellent standing. Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. I HEREBY CERTITY that the above an~Gvers a~e true and correct. Contractor Gary Shimko President Print Name/Title QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DAAT E: 04/24/08 26 CONTRACT FOR QUOTATION NO. VA-QT12W-08 r r THIS CONTRACT made this 2 8th day of Apr i 1 2p 0 8 , A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereina$er called the City, which term shall include its successors and assigns, and EXCELL CAULKING & WATERPI200FING, iNe. 2011 Harding Street Hollywood, FL 33020 hereina$er 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. VA-QT12W-08 and entitled KWATERPROOFING AND PAINT PROJECT AT THE NORTH SHORE YOUTH CENTER" (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. VA-QT12W-08 and Contractor's Quote in response thereto, aze 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 worl~anlike 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 (60) calendar days from the issuance of the Notice to Proceed, and completed and ready for final payment within ninety (90) calendar days after the issuance of said Notice. QUOTE NO: VA-QT12W-08 CITY OF MIAMI BEACH DATE: 04/24/08 27 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 Pazagraph 3.1. The parties also recognize the delays, expense and difficulties involved improving 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 ($200.00) for each calendar day that expires after the Contract Time specified in Paragraph 3.1 for Substantial Completion until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of City's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the work, nothing being required of the City except that it may, at its expense, supervise such work and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City, through its Public Works Assistant Director. 6. If the Contractor shaIl complete the work herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the Contract sum in accordance with the conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not be deprived of the right to exercise any option in this Contract nor shall it operate to alter any other term of this Contract. 7. Prior to commencing any work on the Project, the Contractor shall file Insurance Certificates, as required in the Quotation documents, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City's Risk Manager. 8. All documents shall be executed satisfactorily to the City and until required bonds (if applicable) and Insurance Certificates have been filed and approved, this Contract shall not be deemed effective. 9. City shall pay Contractor for 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. QUOTE NO: VA-QT12R'-08 CITY OF MIAMI BEACH DATE: 04!24/08 28 10. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreett~nt 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, if in state court, and the U. S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, the Ci AND _Contractor EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JiJRY 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, 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 Agreement to be signed it its name. CITY OF MIAMI BEACH By ayor ATTEST: A S City Clerk CONTRACTOR By Signatu S' ature of President or Authorized Representative Print Name/Title ,~~~ Print ame/Title QUOTE NO: VA-QTI2W-08 CITY OF MIAMI BEACH DATE: 04/24ro8 29 APPROVE~~,;^'~ ~ FORM & LANGUhu' & FOR EXECUTION .5~ $ eP ate Page 1 of 1 Hernandez, Kerry From: Alemany, Vivian Sent: Friday, May 09, 2008 1:43 PM To: Parcher, Robert; Hernandez, Kerry Subject: Contracts books Kerry, The contract books for Waterproofing North Shore Youth Center (Budget 125-6381-069358) and Fire Station N0.1 Roof replacement (budget 125-6377-069358) both projects belong to Resolution 2007-26653 CRR. Thanks, Viviana MIAMIBEACH Viviana Alemany, CGC Capital Projects Coordinator Property Management Division, Miami Beach, FL 33139 Tel: 305-673-7000 x2968 ! Fax: 305-673-6501 ww.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 05/09/2008 Hernandez, Kerry From: Alemany, Vivian Sent: Tuesday, May 20, 2008 91:26 AM To: Parcher, Robert; Alvarez, Mike -Public Works Cc: Hernandez, Kerry Subject: Re: North Shore Youth Center Hi Bob, The roof was in fact the caps and the windows the seals so in reality everything is Waterproofing. We have the assestment and the specs. This is a fair new building with a bad termination that leads to the leaks. Please let me know if you need more info. Thanks Viviana -------------------------- MIAMIBEACH Viviana Alemany, Capital Projects Coordinator Property Management Division, Miami Beach, FL 33139 Tel: 305-673-7000 x2968 / Fax: 305-673-650/ ww.miamibeachfl.gov Sent from my BlackBerry Wireless Device ----- Original Message ----- From: Parcher, Robert To: Alemany, Vivian Cc: Hernandez, Kerry Sent: Tue May 20 10:59:31 2008 Subject: North Shore Youth Center Hi Vivian, Regarding the above for Waterproofing and paint project (quotation #VA-QT12W-08), the award is for Waterproofing & painting at a bid amount of $209,250. In looking at the FY7/8 General Fund Renewal and Replacement Projects for the North Shore Youth Center the costs are broken down as follows: Exterior wall upgrade 141,144 Exterior window upgrades 28,608 Roof repair/upgrades 40,812 Total 210,564 Was the roof and window also upgraded or just the waterproofing and painting? Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov <blocked::http://www.miamibeachfl.gov/> We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 1 Hernandez, Kerry From: Parcher, Robert Sent: Tuesday, May 20, 2008 12:54 PM To: Hernandez, Kerry Subject: FW: North Shore Youth Center Pls keep a copy of her email with the agreement. Thanks MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. -----Original Message----- From: Alemany, Vivian Sent: Tuesday, May 20, 2008 11:26 AM To: Parcher, Robert; Alvarez, Mike - Public Works Cc: Hernandez, Kerry Subject: Re: North Shore Youth Center Hi Bob, The roof was in fact the caps and the windows the seals so in reality everything is Waterproofing. We have the assestment and the specs. This is a fair new building with a bad termination that leads to the leaks. Please let me know if you need more info. Thanks Viviana MIAMIBEACH Viviana Alemany, Capital Projects Coordinator Property Management Division, Miami Beach, FL 33139 Tel: 305-673-7000 x2968 / Fax: 305-673-650/ ww.miamibeachfl.gov Sent from my BlackBerry Wireless Device ----- Original Message ----- From: Parcher, Robert To: Alemany, Vivian Cc: Hernandez, Kerry Sent: Tue May 20 10:59:31 2008 Subject: North Shore Youth Center Hi Vivian, Regarding the above for Waterproofing and paint project (quotation #VA-QT12W-08), the award is for Waterproofing & painting at a bid amount of $209,250. In looking at the FY7/8 General Fund Renewal and Replacement Projects for the North Shore Youth Center the 1 costs are broken down as follows: Exterior wall upgrade 141,144 Exterior window upgrades 28,608 Roof repair/upgrades 40,812 Total 210,564 Was the roof and window also upgraded or just the waterproofing and painting? Bob MIAMIBEACH Robert Parcher, City Clerk CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7411 / Fax: 305-673-7254 / www.miamibeachfl.gov <blocked::http://www.miamibeachfl.gov/> We are committed to providing excellent public service and safety to all who. live, work and play in our vibrant, tropical, historic community. 2