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Interior Floor Renovation Project ContractC7,S' - 7/~~/D ~i CITY HALL INTERIOR FLOOR RENOVATION PROJECT QUOTATION #VA-QT 11I-08 Michael Alvarez, Public Works Assistant Director City of Miami Beach -Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 ~~ ~o god 7 -. 2~ s'9 2 QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 1 ~ 1~7i dos. ~°' CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MfAMI BEAGH, FLORIDA 33139 http:l\miamibeachfl.gov Telephone (305) 673-7000 Facsimile (305) 673-7650 QUOTATION NO: VA-QT11I-08 CITY HALL INTERIOR FLOOR RENOVATION PROJECT Description: This prof ect consists of the renovation of the already aged and damaged carpet and the floors thru most of the floors of City Hall building, located at 1700 Convention Center Drive, Miami Beach, F133139. Scope of Work: This project consists of the replacement of the carpet on various areas of the building. This project is going to be done in phases, prioritizing the areas on worst condition. The main areas to be renovated will be City Ha113`d and 4th floor Elevator area and Hallway, City Hall Public Works Department and City Hall Legal 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 Permits for the successful 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 the right to accept any Quote deemed to be in the best interest of e City. City of Mi each may reject any and all Quotes. ~L ~^~ ~/ ichael Alvarez, CGC Assistant Director, Public Works Department ,---~_ QUOTE NO: VA-QTl II-OS CITY OF MIAMI BEACH DATE: 03/27/08 2 V~!/U1/LUUt3 U.3:Ut3:VV Yr1 CdXS~I'VC!' rAxbl;ltvr.rc YiigC G :ass s:i' is=`i=i~ :=:(=t 5 ~ °. MM E . ~~:: !f ' t: : ~:: .,::.:..:. a~ .t . _. ~.~ Lj~BiLI ..~ :°~ ACORD,~ 2 04/Ol/2008 T~ L~i~t.~'~.I~1~~ .... = _ .._" .............................._......_...: _--~ . , :_ PRODLICfiR . THIS CERTIFICATE IS ISSUED AS A MATTER OF I~TFORA3aTION ONLI' Aon Risk Services South , Inc . Inc. of Georgia fka Aon Risk services A-~D CONITERS NO RIGIITS UPON TIIE CERTIITCATE IIOLDER THIS ' ' "" , #700 i 1 ER~GE O~ TEND OR ALTER THE C. CERTIFICATE DOES VOT AAIE~D, E_i , g 3565 Piedmont Rd NE , B - Atlanta GA 30305 USA ANNOILDI';D BY'I'Hl: POLICIES BL~LOw. ENSURERS AFFORDING C'OFERaGE N.~IC # rvo~-E- 866 283-7122 t'-~- 847 953-5390 .. xo INtiOR1iR.1: Ameri can Guarantee & Liabi 1 i ty Ins Co 26247 ~ Rvsix Tandus us LLC iNSURERB: Travelers Property cas Co of America 25674 `~ = Attn: Leonard F. Ferro, CFO 311 smith Industrial Boulevard msuRtRC Travelers Indemnity Co of America 25666 a Dalton GA 30722-1447 USA INSURER D: d INSURBR 1:: TJIr: }Y7T,iC'TT:S Or T)~Si:RANCT LTSTf:17 nT.T.OR TTALT. TiT:TiT TSSi.T.O TO TTTii NSITRP.T) N:1h1T:T):V1OFT. FOR TTTf. POT.TC'Y FT:RTOn TNT)iC.~1TiiT) iiOT\Z~ITTTST:\VDTVO .~1VY T TO \L'HTCH THTS C'FRTTr TCATF ?riAS' RF. iSSt 1F11 OR Vidal' PF.RTATN, SPF (' iFNT IbTTH RF ER TxX'i iT ' ' . , . v , TERM OR (:ONT7TTTOV (~ A1tY C'ONTRAC'T OR OTH Tlit?i?TT2F.\iF.Tt T THE INSLTR<iVCE AFFORDED B1 THE POLICIES DESCRIBED HEREIIA IS SLBIECT TO ALL THE TERhLS, E.YCLUSIONS AND CONDITIONS OF SLiCH POLICIES. AwREGATE LL~fIT9 SHO\~N Lt~i4l' FL4VE BEE1 REDUCED BY PAID CI..AII~iS. BVSR LTR In5 TY['EOFINSORINCT POLiCY~ILNBER YULICY F:Ft'M:('I'IYF, PULiCY ESY11t~aT1UN D.41'M:(H\iIDD\YY) I . T.IAiTC~ g _ IAN11 1"(Y A1 I ' ' T7GtSn487D3ll0-08 02J05/08 02/05/09 GtCI1oCCt)RRLNCE 51,000,000 X . . . F.H ' ' DAh1ACE 7Y.)RIVTED 8100,000 RiaAl. iiEVEK,1I. LIAHILCII (Y)MMh PKl:hllStS!Z:aocciucnca) ..-.. CL.4L\iS 61.4I)E ® OCxLIR ME:ll tti' (Any one Frrsan) , 0 PFR4)VAI.fi 1DF TV111RY' 51,000,000 ~ O ^ CLTER4I.AGGRCGATC 55,000,000 v n (;l:.N"L A(i(;Kt(iAlti L1MCT AL'1'L1ES YER PRODli,~I'S -%OMP:OP ACG S2 ,000 , 000 ~ N ~ ® POLICY ^ PRO- ^ LUC JECT O ~ B AL70AfOII1L1: L1.IDILTI'S TJCAP487D3134-08 02/05/08 02/05/09 CO]iENED SINGLE LIAnT ' ~vYAL'IO (la acsidau) 51,000,000 ~ Z a :1LL O~TEU:\UrOS RODn.Y IV1I.liY ~ ti('H F.UUI.F:D A(fIC )S (Pa pzrsan) HIRED AUTOS i .--- OODD,FLVILRY WV OAT ED ACiI'OS (P`a eccid~lj PRUPl;R:TY DAMAGE 11'Cr RCCI't^nll G_\R.1CE LL•1BILITY" M:1'O UN6Y - E,t .1Ci'I I )FY'I' A_VYALTO CfftfERTHAV F,\ACC 8 AUTO ONLY Acc A EY(.'LXS/U_NI)RELLALlAB1Ld"i'Y ADC-5918619-02 02/05/08 0 / 9 EACiI(h',CUILRCKCL• ~Ch:C'UR ^ fi7.AIM~MIDF AG(iRl:(iAIE 55.000.000 8DL•DUCTR)LE RL1'ENI'IOV . C TC HU D 1- X 1L'C ST1T(1- O'fH- _ R'ORtC£.R.4 C:OATPF.NSATION AND ~ ~+ - c EhII'LOYERS' LL1gILTTY' k""L. EACH AtxlL)EA'1' Sl, 000, 000 0 1~-Y PROPRIF.'IY)R i PARTKFR % F.XF.C ""[ 1T1L'F. ' 4St-t:A BML'LUYEI: L lll51; E 000 000 51 OFFICER;MEAIBER EXCLUDED .' . . . , , Il'ye~ J~nbe un~ SPECL4I. PRO\'[SIONS C.L. DISEASE-POLh:I' LIMIT Sl ,000 , 000 Mlo~v DP.SCIRTPTIOV OF OPF.R..ITIONS4.OCATTOVS•'VF:HICLF.S'F.XCLI:SfOVS aIMF.D RY F]J)ORSF.\{FNT%SPFCI,V. PROVfS7CN~ S Quotation # vAQTlli-08, vA-Qlli-08 City ofi Miami Beach is added as an Additional Insured excluding workers' Compensation and Employers' Liability as ~ ~ required by written contract but limited to the operations of the Insured under said contract, and always subject .. ......: ......_......_.....__..........___.....r.._..__ ............._...... ,......_.cc......._.. ~ . _ _ _ r c - . . _: .k _ City of Miami Beach vagT11I-OS _ .... _ .. . snoLn.n A_VY DE TIQ AD01'L n~RiuEn PDUCQS BE CeANCLLLLD oEroRC 17¢ EXPIRATION ~. ~° Property Management Di vi son DATE. THFRF.QF,THF. 1SSl!IVG MSDRF.R N'IT.I. Gtr-DEA~OR TO MAII. Attn' Annie YdneS :+~ u,trswR(nfYY(rnct:-In•INt:(~fRnFica•rf HOLDeR VnMt:u la rHt:l.t:fr, Bur F'ASLURE'rU ixJ SO SH.41.L L1U'(Sl; VO OBLLvAI'SOV UR LI.~1l3ll.17')' ~, 1245 Michigan Avenue h FL 33139-3807 USA i i oFANY1;INDL-ro):THELVa.ReR,rrsa~stl.-rsoRREPRESen~~m~ES. Beac M am ~ AUI'HUR1-Lill KFPKl;StVIA'1'1\-t r,~ /,?f ~ C~ ~ CJO _ p Q~ ~swcti~I J~~TS(~ `J'2 - a~YE J Sd~ . . e oss . c :::: - _ .: : - .. .: ~l*.~, bRIT Zz >i211fl1108 !i . ... `' . - , ; . - - . ! ...: .. ....i ... A~R[lF ~ Tandus State of Florida Contract State Contract # 360-240-06-1 • Home • Overview • Environmental • Forms • Ordering • Pricing • Products • Services • About Us • Contact Us • Authorized Dealers (PDF) Tandus -State of Florida Contract Site Ordering Instructions All orders should be directed to: Spurs Vendor Number - F 800118849-001 Vendor -Tandus US, Inc. Internal Contract Number - 10220 Street Address - 1735 Cleveland Hwy City, State & Zip -Dalton, GA 30721 Attention -Cindy Wilkins -Acct. Coordinator Telephone - 706-259-2008 Toll Free - 800-241-4902 x 2008 Ordering Fax Number - 706-259-2638 Remit Address - P.O. Box 101079 City, State & Zip -Atlanta, GA 30392 Will Accept Visa Product 8~ Service Information Direct Inquiry to: Name & Title - Kirsten Gastley, Account Manager Address -Building 400, Suite 108 Address - 1395 South Marietta Parkway City, State & Zip -Marietta, GA 30067 Telephone - 770.428.4449 Toll Free - 800-241-3248 URL Home Page Address - http://www.tandus.com/florida/fla.htm Electronic Mail Address - kgastley@tandus.com Ordering Instructions (.pdf) Copyright ©2007 Tandus US Inc. All rights reserved. Page 1 of 1 M E} http://www.tandus.com/florida/ordering.htm 03/31 /2008 ', Tandus Monterey C8A Crossley Apri124, 2008 Annie Yanes City of Miami Beach Miami Beach, FL RE: Carpet Proposal for: PROJECT PROPOSAL Phone: 786-236-8658 Fax: 305-673-7650 Control #: BBJ2418 City of Miami Beach, City Hall, 3rd & 4th Floor Elevator Area & Hallwa State of Florida Contract #360-240-06-1 Effective 06/1/06 Vendor: Tandus US, Inc. (Formerly Collins & Aikman Floorcoverings, I~Federal ID #80-0118849 Installation Partner: The Flooring Team Dear Ms. Yanes: Tandus US, Inc. is pleased to provide the following quotation for the above referenced facility SCOPE OF WORK: Carpet Material Style Color Name Color # Sentinel II MKl RS Bluebird 12031 323 s/y @ $ 27.63 $ 8,924.49 Labor Carpet RemovaUDisposal (Glued-down) 250 s/y @ $ 4.42 $ 1,105.00 4" STD Vinyl Cove Base F/I Std Color 500 lft @ $ 1.90 $ 950.00 Transition (Standard) 24 lft @ $ 2.07 $ 49.68 Night/Weekend Labor 308 s/y @ $ 1.71 $ 526.68 F1oorPrep 2,250 s/f @ $ 0.52 $ 1,170.00 Seam Sealer - qt. (533 s/y) 1 ea Included In Price Seam Cleaner - qt. (1066 s/y) 1 ea Included In Price C-36 Primer - 4 gal. (240 s/y) 2 ea Included In Price Applicator bottle (200 s/y) 2 ea Included In Price Freight & Sundries Included In Price TO TAL $ 12,725.85 NOTES: 1. Quantities estimated from field measure byThe Flooring Team EXCLUSIONS (unless specifically included in the above scope of work): Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resil: Border Carpet Carpet & Carpet Installation TANDUS 1735 CLEVELAND HWY DALTON, GA 30721 (P) 800.241.4902 Ext. 2008 Page 1 of 2 (F) 706.2592638 TERMS OF PAYMENT (Subject to credit approval): * *Carpet and sundries will invoice when shipped, and payment is due within 30 days of invoice date. **Labor will invoice separately on one or more invoices, which are due within 30 days of invoice date(s). 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are fum for sixty days from proposal date. 3. Lead Times: Please note that Tandus is a made to order carpet mill and we cannot BEGIN production of any order until we have a signed purchase order, or a FULLY EXECUTED contract in house. Note that normal lead times are as folbws: • Fast Track Carpets, two weeks plus shipping; • Running Line Carpets, six weeks plus shipping; • Custom Carpets, eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. -l. Flour Preparation: Aililitional floor preparation maw be required as a result of an unfixeseeu condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to job basis. Our product performs properly when installed on floors that are free of DIl2T, OIL, PAINT AND EXCESSIVE MOISTURE. Floors that have moisture readings greater than 3.0 lbs. per 1,000 feet in 24 hours will not meet specification and will require further curing time or treatment prior to carpet installation. Tandus recommends only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither Tandus nor its installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, Tandus' policy is to request an Asbestos Hazard Emergency Response Act (AHERA} report. prior to proceeding with any floor material or floor adhesive removal. Tandus and its installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, Tandus and its installers may require additional measures be taken prior to installation of any Tandus product. These measures may affect the price of this quote. Please contact Tandus Technical Services Department at 800.241.4902 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.259.2638. Please address it to my attention. Should you have any questions, please call me at 800.241.4902 ext: 2008. Thank you for considering Tandus. Sincerely, Tandus US Inc. Suzanne Chovanec National Account Coordinator Source One CC: Terry Caito Wade Pasch TANDUS 1735 CLEVELAND HWY DALTON, GA 30721 (P) 800.241.4902 Ext. 2008 Page 2 of 2 (F) 706.259.2638 Tandus Monterey C8A Crossley Apri124, 2008 Annie Yanes City of Miami Beach Miami, FL RE: Carpet Proposal for: PROJECT PROPOSAL Phone: 305-673-7000 ext2920 Fax: 305-673-7650 Control #: SCK0565 City of Miami Beach, City Hall Legal Dept., 4th Floor State of Florida Contract #360-240-06-1 Effective 06/1/06 Vendor: Tandus US, Inc.(Formerly Collins & Aikman Floorcove Federal ID #80-0 1 1 8849 Installation Partner: The Flooring Team Dear Ms. Yanes: Tandus US, Inc. is pleased to provide the following quotation for the above referenced facility. SCOPE OF WORK: Commodity Code 36G Carpet Material Style Color Name Color # Sentinel II MKI RS Bluebird 12031 713 s/y @ $ 25.63 $ 18,274.19 Labor Carpet RemovaUDisposal (Glued-down) 662 s/y @ $ 4.42 $ 2,926.04 Furniture Moving - Remove/Replace 662 s/y @ $ 3.52 $ 2,330.24 4" STD Vinyl Cove Base F/I Std Color 1,000 Ift @ $ 1.61 $ 1,610.00 Transition (Standard) F/I 18 ]ft @ $ 2.07 $ 37.26 Floor Preparation-Standard 5,958 s/f @ $ 0.48 $ 2,859.84 Overtime/Weekend Labor 686 s/y @ $ 1.71 $ 1,173.06 Furniture Moving w/Excessive Density 5,300 job @ $ 1.13 $ 5,989.00 Moisture Kit & Testing 2 ea @ $ 54.79 $ 109.58 Seam Sealer - qt. (533 s/y) 2 ea Included In Price Seam Cleaner - qt. (1066 sly) 1 ea Included In Price C-36 Primer - 4 gal. (240 s/y) 3 ea Included In Price Applicator bottle (200 s/y) 4 ea Included In Price Freight & Sundries Included In Price TOTAL $ 35,309.21 NOTES: 1. Quantities & Field Measurement By: The Flooring Team EKCLUSIONS (unless specifically included in the above scope of work) Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Comers Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Fumiture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Re Border Carpet TANDUS 1735 CLEVELAND HYV1' DALTON, CA 30721 (P) 800.241.4902 Ext. 2008 Page i of 2 (F) 706.259.2638 TERMS OF PAYMENT (Subject to credit approval): **Carpet and sundries invoice when shipped, and payment is due within 30 days of invoice date (s). **Labor will invoice separately on one or more invoices, which are due within 30 days of invoice date(s). 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given aze firm for sixty days from proposal date. 3. Lead Times: Please note that Tandus is a made to order carpet mill and we cannot BEGIN production of any order until we have a signed pwchase order, or aFULLY-EXECUTED contract in house. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; • Running Line Carpets, six weeks plus shipping; • Custom Carpets, eight weeks plus shipping; • Lead times are approximate and do not start until after purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to job basis. Ow product performs properly when installed on floors that are free of DIRT, OIL, PAINT AND EXCESSIVE MOISTURE. Floors that have moistwe readings greater than 3.0 lbs. per 1,000 feet in 24 hours will not meet specification and wilt require further curing time or treatment prior to carpet installation. Tandus recommends only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither Tandus nor its installers aze responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, Tandus' policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. Tandus and its installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, Tandus and its installers may require additional measwes be taken prior to installation of any Tandus product. These measwes may affect the price of this quote. Please contact Tandus Technical Services Department at 800.241.4902 ext. 2129 for more details. Please indicate yow acceptance of this proposal by returning yow signed pwchase order, or fully-executed contract via fax to 706.259.2638. Please address it to my attention. Should you have any questions, please call me at 800.241.4902, ext. 2008. Thank you for considering Tandus. Sincerely, Tandus US Inc. Suzanne Chovanec National Account Coordinator Source One Department CC: Teny Caito Wade Pasch TANDUS 1735 CLEVELAND HWY DALTON, GA 30721 (P) 800.241.4902 Ext. 2008 Page 2 of 2 (F) 706.259.2638 Tandus Monterey C8A Crossley Apri124, 2008 Annie Yanes City of Miami Beach Miami, FL RE: Carpet Proposal for: PROJECT PROPOSAL Phone: 305-673-7000 ext 2920 Fax: 305-673-7650 Control #: SCK0566 City of Miami Beach, City Hall Public Works Dept., 4th Floor State of Florida Contract #360-240-06-1 Effective 06/1/06 Vendor: Tandus US, Ina(Fonnerly Collins & Aikman Fioorcovel Federal ID #80-0118849 Installation Partner: The Flooring Team Dear Ms. Yanes: Tandus US, Inc. is pleased to provide the following quotation for the above referenced facility SCOPE OF WORK: Commodity Code 360.240.180.0220 C&A Recycled Content Carpet T iles Carpet Material Sry[e Color Name Color # C2 Sentinel II MKI RS Bluebird 12031 179 s/y @ $ 25.63 $ 4,587.77 C 1 Sentinel II ER3 Dry Back Bluebird 12031 405 s/y @ $ 27.63 $ 11,190.15 Labor Carpet Removal/Disposal (Glued-down) 495 s/y @ $ 4.42 $ 2,187.90 Furniture Moving - Remove/Replace 555 s/y @ $ 3.52 $ 1,953.60 4" STD Vinyl Cove Base F/I Std Color 800 Ift @ S 1.61 $ 1,288.00 Transition (Standard) F/I 24 Ift @ $ 2.07 $ 49.68 Std VCT Furnish/Install Std Color 45 s/f @ $ 1.73 $ 77.85 F1oorPreparation-Standard 4,455 s/f @ $ 0.48 $ 2,138.40 Overtime/Weekend Labor 555 s/y @ $ 1.71 $ 949.05 Furniture Lift Systems 385 s/y @ $ 10.03 $ 3,861.55 Moisture Kit & Testing 4 ea @ $ 54.79 $ 219.16 Furniture Moving w/Excessive Density 1,000 job @ $ 1.13 $ 1,130.00 C-14 4-gal (Dry Back ER3 Tile) 120-200 yds 3 ea Included In Price Seam Sealer - qt. (533 s/y) 1 ea Included In Price Seam Cleaner - qt. (1066 s/y) 1 ea Included In Price C-36 Primer - 4 gal. (240 s/y) 3 ea Included In Price Applicator bottle (200 s/y) 6 ea Included In Price Freight & Sundries Included In Price TOTAL S 29,633.11 I NOTES: 1. Quantities & Field Measurement By: The Flooring Team EXC'L1~S10NS (unless specificallc included in the above scope of ~~ork-: Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cosy Bonding Cost Mats Preformed Comers Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of R e Border Carpet TANDUS 1735 CLEVELAND HWY DALTON, GA 30721 (P) 800.241.4902 Ext. 2008 Page 1 of 2 (F) 706.259.2638 TERMS OF PAYMENT (Subject to credit approval): **Carpet and sundries invoice when shipped, and payment is due within 30 days of invoice date (s). **Labor will invoice separately on one or more invoices, which are due within 30 days of invoice date(s). 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are fum for sixty days from proposal date. 3. Lead Times: Please note that Tandus is a made to order carpet mill and we cannot BEGIN production of any order until we have a signed pwchase order, or aFULLY-EXECUTED contract in house. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; • Running Line Carpets, six weeks plus shipping; • Custom Carpets, eight weeks plus shipping; • Lead times are approximate and do not start until after pwchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may he required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Ow product performs properly when installed on floors that are free of DIRT, OIL, PAINT' AND EXCESSIVE MOISTURE. Floors that have moisture readings greater than 3.0 lbs. per 1,000 feet in 24 hours will not meet specification and wdl require further curing time or treatment prior to carpet installation. Tandus recommends only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither Tandus nor its installers aze responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, Tandus' policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. Tandus and its installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, Tandus and its installers may require additional measures be taken prior to installation of any Tandus product. These measwes may affect the price of this quote. Please contact Tandus Technical Services Department at 800.241.4902 ext. 2129 for more details. Please indicate yow acceptance of this proposal by returning yow signed pwchase order, or fully~xecuted contract via fax to 706.259.2638. Please address it to my attention. Should you have any questions, please call me at 800.241.4902, ext. 2008. Thank you for considering Tandus. Sincerely, Tandus US Inc. Suzanne Chovanec National Account Coordinator Sowce One Department CC: Terry Caito Wade Pasch Page 2 of 2 TANDUS 1735 CLEVELAND HWY DALTON, GA 30721 (P) 800.241.4902 Ext 2008 (F) 706.259.2638 INTEIOR FLOOR RENOVATION PROJECT QUOTATION NO: VA-QT11I-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 o£ 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 maybe 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-QT111-08 CITY OF MIAMI BEACH DATE: 03/27/08 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 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 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 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 maybe 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 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 QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 5 Contractor and return product at Contractor's expense. 1.16 PAYMENT: Payment will be made by the City after the items have been received, inspected, and found to comply with 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 of any nature or kind, including, without limitation, cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by the City of Miami Beach, Florida. If the Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Quote price shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.20 OSHA: The Contractor warrants that the products supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Contractor. 1.21 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General Conditions of this Quotation shall take precedence. 1.22 ANTI-DISCRIMINATION: Contractor certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.23 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490/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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 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, may be grounds for removing the Contractor from the City's vendor list. 1.28 CANCELLATION: In the event any of the provisions of this Quote and/or the Contract are breached by the Contractor, the 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 MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 7 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 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 8 a. The ability, capacity and skill of the Contractor to perform the contract. b. Whether the Contractor can perform the work within the time specified, without delay. c. The character, integrity, reputation, judgment, experience and efficiency of the Contractor. d. The quality of performance of previous contracts. e. The previous and existing compliance by the Contractor with laws and ordinances relating to the work. 1.36 ADDITIONAL CONSIDERATIONS FOR DETERMINATION OF QUOTE AWARD: I) Pre-award inspection of the Contractor's facilities may be made prior to the execution of a Contract. Quotes will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in the Quotation documents. Contractors must be able to demonstrate a good record of performance for a reasonable 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 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 City may require Contractors to show proof that they have been designated as authorized representatives of amanufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics 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 of the contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without the prior written consent of the City. 1.38 LAWS, PERMITS AND REGULATIONS: The Contractor shall obtain and pay for all licenses, permits and inspection fees required for QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 9 this Project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.39 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in the Quotation documents from the Contractor. However, items that are to be Spot Market Purchased may be purchased by other methods, (i.e. Federal, State or local contracts). 1.40 ELIMINATION FROM CONSIDERATION: This Quote shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.41 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Quote. Estimates are based upon the City's actual needs and/or usage 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 QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 10 Works Department at ,305) 673-7080. 1.45 GRATUITIES: Contractors shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Quotation. 1.46 SIGNED QUOTE CONSIDERED AN OFFER: The signed Quote shall be considered an offer on the part of the Contractor, which offer shall be deemed accepted upon approval by the City, In case of default on the part of the successful Contractor, after such acceptance, the City may procure the items or services from other sources and hold the Contractor responsible for any excess cost occasioned or incurred thereby. 1.47 TIE QUOTES: In accordance with :section 287.087, Florida Statutes, regarding identical tie quotes, preference will be given to Contractors certifying that they have implemented a Drug Free Workplace Program. A certification form will be required at that time. 1.48 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 11 CITY HALL INTERIOR FLOOR RENOVATION PROJECT QUOTATION NO: VA-QT11I-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 INTERIOR FLOOR RENOVATION 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 o~ 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 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 of the required insurance, the Contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work 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 $1,000,000.00 for each occurrence per the insurance requirement under the QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 13 specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the Project under contract". The Contractor will notify its insurance carrier without delay of the existence of the indemnity and hold harmless agreement contained within this Contract, and furnish a copy of the said agreement to its insurance agent and carrier. The Contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the preceding indemnity and hold harmless agreement from any and all claims arising out of the contract. The Contractor will also be responsible for securing and maintaining policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the Contractor and its subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor and its subcontractors of their liabilities and obligations under any section or provisions of the Contract. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractor, and of persons employed by them, as it is for acts and omissions of persons directly employed by it. Insurance coverage req~xired 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 ~ 4 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 - owned/non-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. Signature of Contractor QUOTE NO: VA-QT11I-08 DATE: 03/27/08 ~.~®~fi~ iq'a 1~LR,RO Vice President & Chief Financial Officer Print Name/ Title CITY OF MIAMI BEACH 15 2.6 CONTACT PERSOP:: 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 the interior electrical renovation will require a minimum of fifteen (15) year warranty on parts and materials one (1) year on workmanship or installation of material. 2.11 REFERENCES (PROVIDE 4 REFERENCES; PLEASE SEE PAGE 25) 2.12 COMPLETE PROJECT REQUIRED: The Quotation documents, and the specifications described herein, outline the various items or classes of work required, enumerating or defining the extent of same necessary, but the City's failure to list any items or classes under scope 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 City Hall is located at 1700 Convention Center Drive, Miami F133139. 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 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 17 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement of Quantities -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 of slope-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 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 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 Proj ect 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 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 QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 19 excess of the uncompleted portion of the Contract the City, may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the contract and liquidate unsatisfied claims. 3.7 Acceptance and Final Payment -Whenever the work provided for under this Contract shall have been completely 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 of the 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-QTl1I-08 CITY OF MIAMI BEACH DATE: 03/27/08 20 CITY HALL INTERIOR FLOOR RENOVATION PROJECT QUOTATION NO: VA-QT11I-08 Quotation Form (Page 1 of 2) This project consists of the renovation of the already aged and damaged carpet and the floors thru most of the floors of City Hall building, located at 1700 Convention Center Drive, Miami Beach, F133139. Scope of Work: This project consists of the replacement of the carpet on various areas of the building. This project is going to be done in phases, prioritizing the areas on worst condition. The main areas to be renovated will be City Hall 3`d and 4t1' floor Elevator area and Hallway, City Hall Public Works Department and City Hall Legal Department. QUOTE Total price for floor renovation project LUMP SUM $ 77.b68.17 QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 21 CITY HALL INTERIOR FLOOR RENOVATION PROJECT QUOTATION NO: VA-QT11I-08 Quotation Form (Page 1 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: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this QUOTE and bind the quoting firm) Contractors must acknowledge receipt of Addendum (if applicable). Amendment No. 1: Insert Date NAME/TITLE (Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: QUOTE NO: VA-QTllI-08 DATE: 03/27/08 Amendment No. 2: Insert Date ZIP: CITY OF MIAMI BEACH 22 CITY HALL INTERIOR FLOOR RENOVATION PROJECT QUOTATION NO: VA-QT11I-08 CHECK LIST To ensure that your Quote is submitted in conformance with the Quotation documents, please verify that the following items have been completed and submitted as required. X Original and one copy of Quotation documents (including Quotation Form and all submittal information) General Conditions Section 1.1 Special Conditions Section 2.15 X Execution of Quote General Conditions Section 1.2 Equivalents/Equal Product General Condition Section 1.10 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.27 Special Conditions Section 2.5 Bid/Performance Bond (if applicable) General Condition Section 1.27 Special Conditions Section 2.11 X Warranty Special Conditions Section 2.13 Product/Catalog Information X References Special Conditions (Page 25) X Bidder Qualifications Special Conditions Section 2.17 Contractor's Questionnaire X (Page 26) QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 23 CITY HALL INTERIOR FLOOR RENOVATION PROJECT QUOTATION NO: VA-QT11I-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 e f Address oviC~prnce~ T a a o3 Contact Person/Contract Amount S« {fG ICDv~~DUtaS~Li (o a~ 1 5.00 Telephone Number '~/b ~ - ~ 3 S - D 5 ? ~ P.,K.f, 3l S 2) Company Name ~ UY1pS ~ A ~~ c~C~- ~ ~ 2. Address 1~_S ~. ~.(;1.~5a11~. ao ~lm~ ~~oas ~C~jb, ZL I,QOIo 0 3 Contact Person/Contract Amount (~ ~~ n 1~Yl.V`~s ~ 3~ n-1_~~-~I'13, o O Telephone Number 3 (~ - ~ 55 - ash ~ 3) Company Name C ~j ~', CY~,rd ~ l 1 i S Address ~ ~ e,yir ~, ~ ~~~ '}{ ~ ~ y Contact Person/Contract Amount -4'o-n Y'Gti Q 555~3'1S. D o Telephone Number ~ p ~ -- ~ g ~ - ~ a (p J 4) Company Name ~brlC~eroso,, ~a~ns~r~;o~,,~nc.. Address 401 s , ~~ ~ ~-- ~e ~o ~QrV~er, Co $0~3~ Contact Person/Contract Amount ~ p ~ q 0.h ~ ~ t- r o n-~ ~ ~ (v4~ o~ $'l . o D Telephone Numberj(~ 3 - '~ '1 ~ , q q ~~ QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 24 TANDUS US, LLC A Subsidiary of COLLINS 8~ AIKMAN FLOORCOVERINGS, INC Corporate Tandus US, LLC Address: 311 Smith Industrial Blvd. P.O. Box 1447 Dalton, GA 30722-1447 (706) 259-9711 County: Whitfield Tandus US, LLC: Date of Incorporation: August 25, 2004 State of Incorporation: Delaware Dun & Bradstreet: 16 713 5933 Tandus US,LLC FEIN: 80-0118849 Collins & Aikman Floorcoverings, Inc.: Year Established: State of Incorporation: Date of Incorporation: Dun & Bradstreet: FEIN: Resale Tax I.D. Number: NAICS Code: Primary Activity: 1964 Delaware January 29, 1995 01 563 0668 58-2151061 15-192-2200 551112 Manufacture floor coverings Bank Reference: Credit References Billing Address: Number of Employees: Accounts Payable Contact: Purchasing: Bank of America 600 Peachtree Street, NE 10th Floor Atlanta, GA 30308 Attn: Linda Thrash 404.607.5388 (direct) 404.607.5482 (fax) 904.312.5972 (Efax) INVISTA Must Mail Requests Attn: Credit References 4123 East 37'h Street North Wichita, KS 67220 W. F. Taylor Co., Inc. 11545 Pacific Avenue Fontana, CA 92337-8228 Phone: (909) 360-6677 P. O. Box 1447 Dalton, GA 30722-1447 Shipping Addresses: 1735 Cleveland Highway Dalton, GA 30721 311 Smith Industrial Blvd Dalton, GA 30721 Southeastern Latex Sales P.O. Box 3206 Dalton, GA 30719 Phone: (706) 278-2660 Fax: (706) 275-6916 PolyOne 33587 Walker Road Avon Lake, OH 44012 Phone: (866) 765-9663 Remittance Address 1000 Vista Drive Dalton, GA 30721 1210 Royal Drive Dalton, GA 30721 1550+ Phyllis Cantrell, pcantrel I@tandus.com Tressia Watkins, twatkins@tandus.com Ronile, Inc. P.O. Box 1059 Rocky Mount, VA 24151-8059 Phone: (540) 483-0261 P.O. Box 100756 Atlanta, GA 30384-0756 1205 Royal Drive Dalton, GA 30721 Revised 04-30-08 tatomwwma~a~ ~ ~ V] ~ ~ ~ m N N tU z V> ~ z~ ~ C p . .. ~ . . N~ N O W x x^ W W Pf ,P -' ~~ O i J W ~ N N O, W ~ 'D W ^> ~ O` ~ N 0o D, N W J A J Oo Ut O W O J O CG CU W Q7 CO ~~,~~~,wmm z z~ O x ~, o p N 01 0o W Q i J W N J u J W N 00 U J W_. J "S 07 CC 07 W CO `D rn ~ w ,... 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(~ (14 O W O ~ C7 ~ N A f7 ~p O G7 ~ A 'O J O~ -Oi ~ W A O py Qq ~O ~ rx a O N O J pp ~ O V T D W A~ ti A O~ O W 'D ~° N~ _~ 0o N Vl < ''O O O~ O N y O J N ~ ~p ~ W 7 l.~ W ~ W~ ~~ N J N O ~ W J~ ~ W N~ O W C7 O ~O O~ 'S ~' A - U C W ~D W V1 ~p oo (7 D\ W .~'+ W A O O~ ~ O N Vi ~~ oo A J r, O ~ J "~ ~ oo ~ O ~ J ~' ut al 6 ~D J 7 O .T. O ~ ~ ~ O W n n 3 S G N ~ '~7rorA~n z z Z Z Z a x~ = O= o a a a a a o~ ~,~~ _ O T W " O ~ ~ O O ~ J a -' oho N m ~ ... p G .-. ~ d A " y OG ~ < ~ ~ a ~ o o ~ 0 ~ sv ss En sus ss sA Vi A A N N N vi N A ~ oAO o00 ~ W vi N O ~~O A J O oo O N O A Vi ~O J ~] W N ~O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 a a o 0 ~; b N N N N N N N O O ~ O O O O ~ ~ 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 -Tanc~us IAS. LrL r Principal Office How many years has your organization been in business as a General Contractor under your present business name? 3 ~ Does your organization have current occupational licenses entitling it to do the work contemplated in this contract?"`i"~"`~"" I t„ State of Florida occupational license -state type and number: ~/j~ Dade County certificate of competency -state type and number: ~~/.~ City of Miami Beach occupational license -state type and number: -n ~/} 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 ~5 (B) As aSub-Contractor (C) What contracts has your 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 another company name) due to failure to comply with contractual specifications? ~ p If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 25 If so, state name of individual, name of owner, and reason thereof In what other lines of business are you financially interested Give references as to experience, ability, and financial standing ,~,~~ (~ What equipment do you own that is available for the proposed work and where located? y"1 ~ ~ What bank or banks have ou arransed to ~i~ h„~;,,P~~ ~x,;rl, wring the course of the contract should it be awarded to you? _ _ ~ (~G O.~' GGv t--T-~ P Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. T-h e, f- Ca r.2 a a 1~aq S~w 31~~ ~v2hu~ 3300 ~S~!- q$~1- Shoo I HEREBY CERTIFY that the above answers are true and correct. Contractor LEONARD F. FERRO Vice President & Chief Financial Officer Print Name/Title QUOTE NO: VA-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 26 CONTRACT FOR QUOTATION NO. VA-QT11I-08 THIS CONTRACT made this 27 day of March 2008 A.D. between the CITY OF MIANII BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, and Tandus US LLC 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 Proj ect to be done by said Contractor pursuant to City QUOTATION NO. VA-QT11I-08 and entitled "INTERIOR FLOOR RENOVATION PROJECT" (also referred to as "the work" or "the Project"), do hereby mutually agree as follows: l . 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-QT11I-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 1.43 of the Quotation documents. 3. The Contractor shall commence work within seven (7) days of the issuance of a Notice to Proceed from the City, and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 Unless there is a change in the scheduling of the Project which is approved by the 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. 3.2 Damages -City and Contractor recognize that the City will suffer direct financial loss if work is not completed within the Contract times specified in Paragraph 3.1. The parties also recognize the delays, expense and difficulties involved in proving in a QUOTE NO: VA-QT11I-08 CITY OF NIIAMI BEACH DATE: 03/27/08 27 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 shall complete the work herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the Contract sum in accordance with the conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not be deprived of the right to exercise any option in this Contract nor shall it operate to alter any other term of this Contract. 7. Prior to commencing any work on the Project, the Contractor shall file Insurance Certificates, as required in the Quotation documents, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City's Risk Manager. 8. All documents shall be executed satisfactorily to the City and until required bonds (if applicable) and Insurance Certificates have been filed and approved, this Contract shall not be deemed effective. 9. City shall pay Contractor for 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-QT11I-08 CITY OF MIAMI BEACH DATE: 03/27/08 28 10. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, 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 JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 11. This Contracts 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 NIIAMI BEACH A EST: Signature II - -~-. ~~ Pri~f,,, me/Title `'a°c~ ~, .~,.~~ ~ QUOTE NO~{6'°„QTiS,~J ~ ~ DATE: 03/271 1^ , ~ ` ~ °~~/~ ~~\~~p~C~~~ ~~~ o.-~. By ~~ ayor ATTE T: ~~ ~~~~ City Clerk CONTRACTOR By Signature of President or Authorized Representative LEONARD F. FERRO Vice President & Chief Financial Officer Print Name/Title APPROVED AS TO FORM & LA1~1CJ~~.CE CITY OF MIAMI BEACH & F R EXECU i iGiJ 29 j ~+ l 1. L (~ ,~ has Attorn Date Page 1 of 1 Hernandez, Kerry From: Parcher, Robert Sent: Tuesday, June 17, 2008 11:03 AM To: Brooks, Kathie Cc: Hernandez, Kerry Subject: City Hall Interior Floor Renovation Project Kathie, FYI - Today I signed the agreements for the items listed under 6/17/08. C7S A Resolution Of Waiving, By 5/7ths Vote, The Formal Competitive Bidding Requirements, Finding Such Waiver To Be In The Best Interest Of The City, And Authorizing The City Manager's Designee, Who Shall Be The Assistant Public Works Director For Operations, A Licensed General Contractor, To Select, Negotiate, And Award All Contracts, Agreements, Purchase Orders, And Change Orders For The Purchase Of All Necessary Goods And Construction Services Relative To The Fiscal Year 2006-2007 Capital Renewal And Replacement Fund Projects, And, Specifically Related To The Ongoing Capital Repairs, Maintenance And Replacement Projects Listed In Attachment No. 1 To This Resolution; Providing That All Documents Be Reviewed By The Appropriate Members Of The Administration And City Attorney's Office, And Which Shall Contain Those Minimum Terms And Conditions As Set Forth In This Resolution; And Further Authorizing The Mayor And City Clerk To Execute Any And All Agreements Relative To The Aforestated Projects. (Public Works) ACTION: Resolution No. 2007-26592 adopted. Michael Alvarez to handle. City Clerk's note: 8/27/07 - Excell Caulking & Waterproofing, Inc. $184,416 --- 1701 Meridian (777 Building) 8/27/07 -Wind Ready, Inc $435,000 -- Anchor Shops and Parking Garage 8/27/07 - Laumar Roofing $105,000 -- 1701 Meridian (777 Building) 11/20/07 - E & C Electrical Service, Inc $121,224 -Complete replacement of Electrical Gear (Historic City Hall Renovation Project) 11/20/07 - JC Electric Inc $29,335 -First Floor Offices Electrical Renovations - (South Shore Community Center) 02/12/08 -Miguel Lopez, Inc. -Landscape/irrigation $61,935.75; Pavers $63,687.75 total $125,623.50 - 20th Street End Improvement -Beach Walk Project 04/11/08 - South Shore Community Center Rainbow Daycare Renovation Project --- R C Interiors, Inc. $81,725 04/11/08 - South Shore Community Center Rainbow Daycare Electrical Project --- E & C electrical Services, Inc. $31,790.57 06/17/08 - City Hall carpet (Tandus -State of Florida Contract Site) 3 & 4 floor elevator area and hallway $12,725.85 Legal Department - 4th floor City Hall $35,309.21 Public Works - 4th floor City Hall $29,633.11 Total $77,668.17 MIAMI R1 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.mamibe_achfl.gov We are cornmitted to providing excellent public service and safety to al! who live, work and play in our vibrant, tropical, historic community. 06/ 17/2008