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Form Certificate of Insurance00708. .FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached here. BID No. 48-07/OS CITY OF MiAIMI BEACH Page S2 of 144 DATE: 09/30/OS BTZIDGEFI ELD I~M'1'"1()YN7(~ L'VSLIIl.1NC:F r'ti U ~, •+utN CC)M.I•ANY 1-KiM?-2d2-7(r4fS (ffhtll b15~tt!I~I) l af,cirnd pl :}~Ai%3-~w1~ Ra~~J •\ fE~.•ritauu I~YA.M. rM,~ s. eu~IH^ra' pox IAhtli 6N~•ti~!+'t t~:v; f SF'"ti:A'fE OF INSUR/yNCE RE: 083 0-34 5 79 ISSUED TO: Gty of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33169 This is to certify that Horizon Contractors, inc. 8175 West 32nd Avenue, Suite ~ i Hialeah FL 33, being subject to the provisions of the Florida workers' Compensation Law, has secured the payment of any workers' compensation benefits due by insuring their risk with the erldgefieid Employers Insurance Company. PUL.ICY NUMBER: 0830-34579 WC Statutory Limits--State of Florida Employers Liability EFFECTIVE DATE: June 09, 2008 1,000,000 (Each Accident) 1,000,000 (Disease--Each Employee) EXPIRATION DATE: June 09, 2009. 1,000,000 (Disease--Policy Limit) Job: South Pointe Phase II (ITB No.13-07/08) ~"`^ This certificate is not a policy and of itself does not afford any insurance. Nothing contained In this certfflcate shall be construed as amending, extending, or altering coverage not afforded by the policy shown above or affording insurance to any insured not named above, The T:olir:y of insu; ~ri~-e !fisted about: has been issued to the named insured for the poi~cy period indicated. Notwithstanding any requirement; term or condition of any contract or other document to which this certificate may pertain, the insurance made available by the described policy in this certificate is subject to only the terms, exclusions and conditions of such policy, Paid claims may have reduced the shown limits. if the policy described above is cancelled before the expiration date indicated, the issuing company will attempt to mad 30 days' written notice to the certificate holder named above, although if cancrllatlon is for nonpayment of premium, then the issuing company will attempt to mall 30 days' written notice to the certificate holder, In -any event, the issuing company, its agents, and representatives accept no obligation or liabiltty of any kind for failure to mail such notice. Date; Mav 29, 2008 g----"" Authorized Signature A subsidiary of Sttmm.it, 'The People Who Ktutro Workers' Cutup"c iwuws a rnrnidiolJinXs.cctrn ,*",. CERTIFICATE OF LIABILITY INSURANCE OPID ACORD DATE(MMIDDIYYYY) „ HORIS-6 03/07 OS PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of Florida , Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N . Andrews Ave . X300 HOLDER. THIS CERTIFICATE DpES NOT AMEND, EXTEND OR P , O , Sox 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: pat+l ei:e 2ne co et Martlord 20478 C t t I INSURER B: Continental Casualty Coa~auy 20443 on rac ors, nc. Horizon Attn: Marla Sanchez INSURER C: Continental CasualtyCpapany. 20443 8175 West 32nd Avenue Suite 1 INSURER D: Hialeah FL 33018 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISIF~ BELOW WIVE BEEN ISSUED TO THE INSLWtED NAMED ABOVE FOR 711E POLICY PERIOD INDICATED. NO7WTTHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONII7ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI6 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T'0 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MMfDDIYY) LIMBS GENERAL LIABILITY EACH OCCURRENCE i 1, OOO , OOO A X COMI~RCIALGENERALLIABILITY TCP2082752693 02/20/08 02/20/09 PREMISES(Eeaccurence i 100,000 CLAIMS MADE ~ OCCUR M-D EXP (Arty one person) i 5 , 000 PERSONAL d ADV INJURY i 1 , O00 , OOO OENERALAGGREGA7E i 2 , 000 , 000 GEML AGGREGATE LIMIT APPLIES PER: a PRODUCTS - COMP/OP AGG i 2 , OOO , O OO T LOC POLICY X ~C 8 AUT X OMOBILE LIABILITY ANYAUro BUA2082868170 02/20/08 02/20/09 COMBINED SINGLE LIMB (Eep~ident) i 1, 000 , OOO ALL OWPED AUTOS SCHEDULF~ AUTOS BODILY INJURY (Per pereorl) i X X HNtED AUTOS NON•OWNEDAUTOS BODILY INJURY (Pereodderd) i PROPERTY DAMAGE (Per ecddeM) i GARAGE LiABTLRY AUTO ONLY - EA ACCIDENT i ANY AUTO OT}~ER THAN EA ACC i AlJTO ONLY: AGG i EXCE88A1MBRELLA LIABILRY EACH OCCURRENCE S 5 , OOO , OOO G X occuR ~clA1MSMADE CUP2082868184 02/20/08 02/20/09 AGGREGATE 55,000,000 i DEDUCTIBLE i X RETENTION i 10 , 000 i WORKERS COMPENSATION AND EMPLOYERS' LIABILRY TORY LIMITS ER ANY PROPRIETC4UPARTNER/ENECUTIVE EL. EACH ACCIDENT 3 OFFICERAdE1~ER EXCLUDED9 II yes describe IpMar E.L. DISEASE - EA EMPLOYEE i , SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMB i OTHER DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT! SPECUIL PROVIBONS Project: South Pointe Phase II (ITB No.: 13-07/08). CERTIFICATE HOLDER CANCELLATION MIAMIBE I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN NDTiCETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cl ty Of Mlaau Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS oR 1700 Convention Center Drive Miami Beach FI, 33239 REPRESENTATNES. © ACORD CORPORATION 1988 Bid Date: 9/29/08 Bond No.: n/a THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A390 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we H~tT2CN Q~TIRAQZI2S,~ _ 8175 W 32 Ave Ste 1, Hialeah, ~1 33918 (Here insert toll name end address or legal UUe of Corkradar) as Principal, hereinafter called the Principal, and CSSIkL~Y Il~~ Q0. (Here insert toll name and address or legal Ulle of Surety) ~A' ' Q' ~~ a corporation duty organized under the Paws of the State of ~~ as Surety, hereinafter called the Surety, are held and firmly bound unto C~IY CF I~ BEACH - 1700 C~~'~QV C1N~R L)RIVE, I~ANff BFAQi, FL, 33139 as Obligee, hereinafter called (Here Insert (uH name and address or legd title of Owner) the Obligee, i the sum of ~ ' ~ r ~ BID Dollars ( ~~ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 90UIH ROIIVlE PARK ff1~SE II - TIB 13-07/08 (Here hfsert toll name and address and desaiplion of prejeG) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful pertormance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contact with another party to perform the Work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed and sealed this ~9tl,day OaVIRACtORS, tca[L7L1 HvY~C (Title) Attorney-In-Fact & Fla RPM Qait AIA DOCUMENT A310 • BID BOND• AIA'• FEBRUARY 1970 ED• THE AMERICAN 1 INSTITUTE OF ARCHITECTS, 1735 N.Y. AVER N.W., WASHINGTON, D.C. 20006 ® Primed on Recycled Paper 9/93 00037603-50,0 Direct Inquiries/Claims to: WER OF ATTORNEY THE HARTFORD BOND, T-4 ~^P P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 ca/1: 888-266-3488 or fax.' 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-221533 ' ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized wider the laws of the State of Indiana Hartford Accident and Indemnity Company, a t:orporation.duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana 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 Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Ernesto Freyie, Fausto Alvarez, Ramon A. Rodriguez, Victor M. Pantin, Carl H. Moll, Cartos Lacasa, William E. Beckham, Marc D. Jacobson, Michael L. Keeby, Mays Rodriguez of Miami, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfom~tance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are J,.,.,and will be bound by any mechanically applied signatures applied to this Power of Attorney. ~^ pvrT: , re t~'' '' • SFr S' ' t fit` - ~a~l'"..•0j~v~ r,, i? ~` ~. i Si97 ,^„ ~ ~ • ' 3s7 ~ F tg. * t E a o ~~`Nnrmcr~//~ •fiMM ~gr,Fti2879 ~€ 11p78•J,~ ry] 79 ~~Q ~ . Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. \l .-~-- / ~ f~~Ml~ is/,/4Af' LJ//~.....~~. ` ~~ • Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above 'and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 29, 2008. Signed and sealed at the City of Hartford. ,rw.w. ~~~ ~x~:it^s.. r~6 ~~'"fir ~Mt. :~ a~cr"~''•. 4.~ a ~ ~ rasp :., °`: °= st r • s ie° ~s., i * s ~~-w .' 1 ~'4.uu rvjy~~ ~•~IMrN' .~; 4;„1978 =~ ~°~ 97 ra 97 y "~~ /~ i -_- F ~; . ~ _ . ~~. ~ ~ _ i Gary W. Stumper, Assistant Vice President 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We Principal, hereinafter as called CONTRACTOR, and as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Dollars ($ )for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 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 the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and BID No. 48-07/08 CITY OF MIAIMI BEACH Page 83 of l44 DATE: 09/30/08 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: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for 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 corporation 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 seated this day of , 20 BID No. 45-07/08 CITY OF MIAIMI BEACH Page 84 of l44 DATE: U9/3U/08 FORM OF PERFORMANCE BOND (Continued) WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESENCE OF: (Name of Corporation) By: (Signature) (Print Name and Title) INSURANCE COMPANY: By: . Agent and Attorney-in-Fact Address: _ (Street) (City/State2ip Code) Telephone No.: BID No. 48-07/08 CITY OF MIAIMI BEACH Page 8~ of ] 44 DATE: 09.30/08 00720. FORM OF PAYMENT BOND BY THIS BOND, We as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 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 pertormance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with 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. BID No. 48-07/08 CITE' OF MIAIMI BEACH Page 86 of l44 DATE: 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 labor or after complete delivery of the materials or supplies, deliver 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 CONTRACTOR 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 ATTEST: (Secretary) (Corporate Seal) day of , 20_ CONTRACTOR (Name of Corporation) By: (Signature) (Print Name and Title) day of , 20 BID No. 48-07/08 CITY OF MIAIMI BEACH Page 87 of 144 DATE: 09/30/08 IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Address: (Street) (City/State/Zip Code) Telephone No.: BID No. 45-07/08 CITY OF MIAIM] BEACI-1 Page 88 of l44 DATE: 09/30/08 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bonds} was (were) duly signed, sealed and attested, to on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on behalf of) Corporation '°""~ STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared 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 Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this day of 20 My commission expires: ' Notary Public, State of by Bonded BID No. 48-07/08 CITY OF MIAIMI BEACH Page 89 of l44 DATE: 09!30/08 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Date of Issue Issuing Bank's No. Applicant: Amount: Expiry: (Date) in United States Funds Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at (branch address) by order of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of by your drafts at sight, accompanied by: available 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID No. 48-07/08 CITY OF MIAIMI BEACH Page 90 of l44 DATE: 09/30/08 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated - This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," international Chamber of Commerce (1993 revision), Publication No. 1X00 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida iaw should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID No. 48-07/OS CITE' OF MIAIMI BEACH Page 9I of l44 DATE: 09/30/OS