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Memorandum from Procurement to City Clerk~ ~~` 1 t ,~ Y~~ t~ ~,: i I PROCUREMENT Division TO: Robert Parcher, City Clerk FROM: Gus Lopez, CPPO, Procurement Director DATE: April 21, 2009 MEMORANDUM SUBJECT: CONTRACT NO. 48-07/08 FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR -BID PACKAGE N0.12C: SOUTH POINTE PHASE II MIAMI BEACH FLORIDA Attached please find the Contract Books pursuant to ITB No. 48-07/08 for Horizon Contracting, Inc. The attached Contracts are for the City Clerk's and the Mayor's signature and execution. All four (4) Contracts have been executed by Horizon Contracting, Inc. and they have agreed to all terms and conditions set forth in the contract. The City Attorney's Office has approved. the form and language for contract execution. Please call Kenneth Patterson ext. 6615 when the contracts are fully executed and ready for pick-up. Thank you for your prompt attention to this matter. L~ Gus Lopez, CPPO Procurement Director F:\PURC\$ALL\KENNETH\LETTERS\48-07-08 HorizonCityClerk.doc We are committed ro providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community. ~a~ ~ z-ro-off IMPORTANT NOTICE Florida Statues requires fha# YOU, the Prime Contractor, RECORD YOUR BONDS with the Clerk of the County where the project is located, PRIOR TO COMMENCEMENT. For public projects, please see Florida Statues 255.05 (1)(a). For privately owned projects, please see Florida Statues 713.13 (1)(e). FAILURE TO PROPERLY RECORD A BOND may convert it from a Statutory Bond to a Common Law, which INCREASES the time in which a CLAIMANT OR OBLIGEE can make a demand AGAINST your bond AND potentially INVITING claims that could otherwise be invalid. Legal precedent shows the Court have ruled in favor of claims against the Contractor when a bond has not been properly recorded. Attached is an EXTRA RECORDING COPY of your Pertormance and payment Bond. In most cases, the Clerk will stamp the bond with the fling location and return the original to you. If the Clerk does not return the original, please ask for a copy with the filing location stamped on it. This is your proof that the bond was filed. It is IMPORTANT that you keep this in your job records. We hope your project is a profitable and successful venture. Please contact us if you have any questions in this regard. INSURANCE) Serving South Florida Since 1932 HBA INSURANCE GROUP HBA Division March 23, 2009 CITY OF MIAMI BEACH 1700 CONVENTION_ CENTER DRIVE MIAMI BEACH, FL 32139 2500 N.W. 79th Avenue • Miami, Florida 33122 Mailing Address: P.O. Box 523615 • Miami, Florida 33152-8988 305-714-4400 • Fax: 305-714-4401 • vvww.hbains.com RE: HORIZON CONTRACTORS, INC. BOND NO. 21BCSFJ3556 To Whom It May Concern: Let this letter serve as authorization from the Hartford Casualty Insurance Co. permitting City of Miami Beach to date the Bond at the same time the contract is signed by both parties. If you should have any questions, please do not hesitate to contact our office. B s and , R on A Rodri ez - ct for Hartford Casualty Insurance Co. Bond Number: 21 BCSFJ3556 This is the first page of Performance and Payment Bond. All other pages are subsequent regardless of preprinted pages. Surety in Which Bond is Written: HARTFORD CASUALTY INSURANCE COMPANY Local Address: 400 INTERNATIONAL PARKWAY SUITE 425 HEATHROW, FL 3274 (800) 824-1732 CONTRACTOR' S NAME: HORIZON CONTRACTORS, INC. Address: 8175 WEST 32 AVENUE, SUITE 1 HIALEAH, FL 33018 Telephone No. (305) 828-2050 Owner/Obligee CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Project Description: SOUTH POINTE PARK PHASE II ITB 48-07/08 ROW INFRASTRUCTURE IMPROVEMENT PROGRAM NEIGHBORHOOD 12C Contract Amount: $ 7,683,901.00 Bond Amount: $ 7,683.901.00 This bond has been furnished to comply with the requirements of F.S. 255.05. All provisions and limitations including conditions, notice and time limitations of F.S. 255.05 are incorporated herein by reference. This bond is a statutory bond not a common law bond. For Bond Inquiries: Agency: HBA INSURANCE GROUP, INC. (305) 714-4400 FLORIDA NOTICE FLORIDA HURRICANE CATASTROPHE FUND EMERGENCY ASSESSMENT The Florida Office of insurance Regulation has levied an emergency assessment on direct written premiums for al! property and casualty lines of business in Florida. This emergency assessmentnd the Florrida Hlug cane Ca#astrophe Fund Co potation Florida Hurricane Catastrophe Fund a This emergency assessment is 1 %, and applies to all subject policies and bonds effective on or after January 1, 2007. _ We are required by statute and order to collect this emergency assessment acid remit it to ~.he State. This assessment for your policy or bond appears as FHCF EMER ASSESS CL. Page 1 of 1 Form _/FL4887 HR 09 H085 00 0806 ©2006, The Hartford Producer Compensation Notice Tx~ HARTFORD You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. HR 00 H093 00 0207 ©2007, The Hartford Page 1 of 1 13CI~ N0. 21>~FJ3556 00710. FORM OF PERFORMANCE BOND 8Y THIS BOND, We ~~ a~~IRACIOR.S ~• as Principal, hereinafter called CONTRACTOR, and HAND CAStIAL'IY Ii~UI 021PANY as Surety, are bound to the City of Miami as Obligee, hereinafter called CITY, in the amount of Beach, Florida, SI/VFN I~L.ICN SIX I-LJ[XVRID IICHIY ' r 7683 901.CQ for the payment whereof rrrmLC ~T-I~'i TC1~111 nTTNG' T~ i~lfg?i~Tl ~ ~ 1~ ~ ~ CONTRACTOR and Surety bind themseives, their heirs, executors, administrators, successcrs and assigns, ;~intiy and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, gidlContract No.: IIB48-07/08 awarded the day of 20 ,with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of ~(7W INERa~i1~[.IRE .>T,>~[T~ p~"M ",G.r ~x .~_,. ,the Contract being made a part of this Bond by reference, at the Mmes and m the manner prescribed in the Contract; and ;;~TIF-I I~IlVIE P[-t4SE II 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that C1TY sustains as a result of default by CONTRACTOR under the Contract; and BiD No. 48-07lOE CITY OF MlAIMi BEACH Page S3 of T~4 DATE: U9?30/08 FORM OF PERFORMANCE BOND {Continued) Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOiD, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3. ~ , Car,-Iplete t!?p Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids far completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph} sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or carporativn other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this ~iay of N>azrh , 20 ~ ' BEl) No. 48-07!08 CITY Oi' MIf1IMl BEACH Page b4 of 144 DATE' 09/30/08 FORM OF PERFORMANCE BOND ESSES: ry CORPORATE SEAL) THE PRESENCE OF: ,~ (Continued} E)~7RI7~N O~VIRACIG~ZS, INC. (Name 'Co oration) By: ( ignature) Jose M. Sanchez, Presidait -- (Pr int Name and Tiiie) INSURANCE COMPANY: HAl~t7RD CA~Ia,L'IY INSURANCE O~IPANY U By: A t and A ey-in-Fact Rar~n Aiez Address: One I-1a~tfard Plaza _ I->aarrf~ CT 061L5 (City/StatelZip Code) Telephone No.: 86a-547-5000 BID No. 4F-07/O8 CiT'1•' OF MIA1M] BEACH Page 85 of ]44 UA?E: 09!30/08 1~ID N0. 21&~FJ3556 00720. FORM OF PAYMENT BOND BY THIS BOND, We Ei'JRI[i~'N o~V1.RAQLRS, Il~1C. _ _ as Principa€, hereinafter called CONTRACTOR, and I-I~[FC1RD CAS[IAL`IY Il~1R11I~1;E ~MPANY as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of SEUfN NIIILIQV SIX Ht~R>iD IIQ-IIY THE2EE 7683 901.00 for the a ment ~~ . T ~ ~i~~ Dollars ($ > > } p Y whereof CONTRACTOR and Surety bind themselves, (heir heirs, executors, administrators, successors and assigns, jointly and severally. - WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No,: 48-07/0~ awarded the day of 20 ,with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN 1N FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity wifih CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. The provisions 8nd limitations of Section 255.05 or 713.23, Florida Statutes whichever is app>icable to q~s o~ntract, are irtoorporated in tllie bond by nsl~wioe. __.__ BfU No. 48-07/OR CITI' OF M1AIM1 BEACH P¢ge 86 of ]44 UATE: 09/30/08 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the Tabor or after complete delivery of the materials or supplies, definer to CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against C:ON T t(f',l:'I OR or the Surety unless the notices stated under the preceding conditions {2.1) and {2.2} have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05{2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 23zYi day of Mazrh , 20W~. CONTRACTOR ATTEST' (Coy porate Seal) EI7RI~N a~V[~iCI~2S, IlVC. (Name o Corpo ation} sy: -- ig ature) Jose M. Sanchez, Pr>rsident (Print Name and Title} _~ day of -I>ta~ , 20_x. BID No. 48-(17/(}8 CITY UP MlA1M1 BEACH Pagc 87 of 144 DATL: 09!1(1/08 THE PRESENCE OF: ~~ ~~~~ INSURANCE COMPANY: IUD CAS[I~,L'IY ~JR~ ~I`'1PANY __ ~ gy: ney-in-Fact Rarxm A l~ iguez Address: CNE EIa,KI~7RD Pf A7A _ (Street} I~HIFt7RD, CI' )6ll5 (City/State/Zip Code) Teiepnone ivo,: t5b11-.Y+%-5041; BID Nn. 45-07/U8 CITY OF MIAIMI BEACH Nage SS or 144 DATE: 09/30/08 00721. CERTfFICATE AS TO CORPORATE PRINCIPAL I, -~ M• SAlV~1FZ certify that l am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that g~ _ ~gNC~aF7 _ ,who signed the Bond{s) on behalf of the Principal, was then PR~TDFNI' of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was {were)_duly signed, sealed and attested, to on behalf or` said corporation by authority of its governing body. {SEAL) cr ary (on behalf of) _ ~.. or ration STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADS ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared .ICI~F' M. ~-~7 to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Band and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to I`~h , 20 09 F~ r z ~~ ~ My comrr~i~s~an expires: ;~~~ ~>>~ ~. e t~J~ 9~i`'s .PVEY~`~: ?,(1i4b'~~Vt" :.:ir ~ ~ ~~ n by ~~uJ~ f 1 1 • ~ ~~ < before me this _2~L_ day of otary Public, State of ~Q,e~ Bonded IiID Nn. 4R-07/OS CITY OF' MIAIMI BEACH Page 89 of 144 DATE: 09.~30/OS OT-ect fnqukies/Gafms to: T ' 7HE HARTFORD ER OF ATTORSIE Y P~j~~F RD.CONNECTICUT061N5E Pow call: 888-2661488 or fax: 860 757.5835} e.,nnrv Ce~da• 21 221533 _ p~LL r-CR~7V~{V ... ....--- - - - Hartford Fire Insurance Company, a corporation duty organized under the laws of the State of Connecticut 0 Hartford Casually insurance Company, a corporation duly organized undert~ dwus ~~ ~~State orf Connecticut Hartford Accident and indemnity Cotnparry, a cerporatan duly organized O Hartford Underwriters insurance Company, a corporation duly organized under the laws of the State of Connecticut TVvin Clty Fire Insurance Company, a corporation duly organized under the laws of tttc State of Diana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford insurance Company of the Midwest. a corporation duly organized under the laws of the State of Indiana Hartford Insttranea Company of the Southeast a oorporotion duly organized under the laws of the State of Florida .__u__ ,.,.~~e..,n,vi„ rafwrred to 8s the "Companies") do hereby make, constitute having their Home vn~w ~~~ „a,....•-. --•---- . trp fo the amoua[OfUNLIMIT~D ERNESTO FREYRS, FAUSTO p.I,VAREZ,•RAMON A. RODRIGUEZ, VICTOR M. PANTIN, CARL MOL3,, CARIAS LACA5A, WILLIAM E. BECKHAM, MARC D. JACOBSON, MICHAEL L. KEEBY, MAYRA RODRIGUEZ OF MIAMI, FLORIDA rf more than one is named above, to sign its name as surety(ies) only as their true and lawful Attorneys}-In-Fad, each in their separate caparary delineatedt>ovoet be ® of the Companees in fheirdbusinessl of guaranteeinglthe fidelity o p songs, guaranteeingthe perrformance of contracts and nature the , executing or guaranteeing bonds and undertakings requked or permitted in any actions or proceedings allowed by aw. In Wttrtess 1111heeeof, and as authorized by a Resolution of the Board of Dkedvrs of the Companies on January 22, 2004, the Companies have causeFd 1~ee pursuant to Resoiuf nbof the Boa dnof Directors of the Gompaniesr the Compani~as hereby unambiguously affirm that fey are Secretary lied signatures applied to tfiis Power of Attorney. and will be bound by any mechanically app 4 ay ~b r" \\t~ ~ ti44 t ~ F JtM~Y4~{^ 4 ~ ~ t ,y.v •~,..~~i~~ ~ MNnI- `GMI97o~~ ~t07q~: 2919 y, .. ~ • f~ 4 ~ hNN1' R ~~°~- ~° Scott Sadowsky, Assistant Secretary ,~~- M. Ross Fisher, Assistant Vice Pre9ident STATE OF CONNECTICUT ss. Hartford COUt~ETY OF NARTF6IiD Qn this 3`° day or March, 2008. before me personalty came M. Ross Fisher, to me known, who being by me duly sworn. did depose and say: a tte resides In the County of Hartford, State of Connectlo.d: that he is the Assistant Vice President of the Companies, the corporations destxibed In and which ~ e t~ ~Hlxe by authority ofathe Boards Directors of sa~ porat tns and that he s geed hi~name theretuns~~authority.~ ce~orate seals; that Y ,d~-~~ ..~.uA Seoa & Peseta Noury PnbBc GERTiFKATE MY Commissiaa Expires Octaba 3 t, 2012 I, the undersigr~d, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing Is a true slid correct cePY ~ the PowerSigned and sealedt at the City of Hartford. which is still in full force effective as of March 2 3 , 2 0 0 9 tOt~s , ~~'v 'I •ast . . $~ so74 ~ ta7• sett M .,~MNKW'~ ~ ~~~~ ~jl'l ~',• .I • •ry R ANY-'~ f ~ r Gary w. Stumper, Assistant Vice President POA 2008 Hartford Casualty Insurance Company Indianapolis, Indiana Financial Statement, June 30, 2008 (Statutory Basis) ASSETS LIABILITIES $ 6,945,119 Reserve for Claims U.S. Government Bonds ................ 666,667 6 and Claim Expense......... Bonds of other Governments ........... , Reserve for Unearned Premiums ..... State, County, Municipal and 368,796 764 1 Reserve for Taxes, License Miscellaneous Bonds ......... , , 174,679,034 aad Fees ...................... Stocks .......................... 146 785,551 ' Miscellaneous Liabilities ..........••• ................ Short Term Investments $ 2,099,445,167 Total Liabilities ...................... $ Capital Paid In $ 4,800,000 Real Estate ............................... (36,956) Surplus .......... 460,331,416 Cash ....................................... y. • ., • • Agents' Balances (Under 90 Da 2,834,766 - Surplus as regards Policyholders... Other Invested Assets ................... lib 808,466 ' Total Liabilities, Capital ............................ Miscellaneous $ 2,221,056,443 and Surplus ................. Total Admitted Assets ................. STATE OF CONNECTICUT COUNTY OF HARTFORD ss. OF HARTFORD $ 935,012,643 276,869,298 8,532,702 35,510,334 $ r 1,255,925,027 $ _ 965,131,416 $ _ 2,221,056,443 CITY M. Ross Fisher, Assistant Vice President, and Patricia A. Murrone, Assistant Secretary of the Hanford Casualty [nsurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial condition as of June 30, 2008. Subscribed and sworn to before me this 12`h day of Se temb r 2008. ~~ '~l~ ~~- Therese M. Forgetta Notary Public My Comruissian Expires August 31, 2013 M. Ross Fisher, Assistant Vice President ~~ ~ . ~~ Patricia A. Mutrone, Assistant Secretary Form CS-19-37 HC PrirttedinU.S.A. J~ a A - ~2/an~o ~ .~ .;- ~~'~ `'~~~ F ~~ Addenda 1-5 ,~