ITB 59-08/09 Agreement00600. CONTRACT:
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as City, and Central Florida
Equipment Rentals, Inc., hereinafter referred to as Contractor .
W I T N E S S E T H, that Contractor and City, for the considerations hereinafter
named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 1
CONTRACT TIh1C
2.1 Contractor shall be instructed to commence the Work by written instructions in
the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. Contractor shall commence scheduling
activities, permit applications and other preconstruction work within five (5)
calendar days after the Project Initiation Date, which shall be the same as the
date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until Contractor's submission to City of all required
documents (including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by Contractor and acceptance of
the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The Contractor shall submit all necessary documents required by this
provision within twenty-one (21) calendar days of the Issuance of the
first Notice to Proceed.
2.2 Time is of the essence throughout this Contract. This project shall be
substantially completed within five-hundred (540) calendar days from the
issuance of the sewn Notice to Proceed, and completed and ready for final
payment in accordance with Article 5 within thirty (30) calendar days from the
date certified by Consultant as the date of Substantial Completion.
2.3 Upon failure of Contractor to substantially complete the Contract within the
specified period of time, plus approved time extensions, Contractor shall pay to
City the sum of Two-Thousand dollars (52,000.00) for each calendar day after
the time specified in Section 2.2 above, plus any approved time extensions, for
Substantial Completion. After Substantial Completion should Contractor fail to
complete the remaining work within the time specified in Section 2.2 above, plus
approved time extensions thereof, for completion and readiness for final
payment, Contractor shall pay to City the sum of Two-Thousand dollars
($2,000.00) for each calendar day after the Gme specified in Section 2.2 above,
plus any approved extensions, for completion and readiness for final payment.
These amounts are not penalties but are liquidated damages to City for its
inability to obtain full beneflClal occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by City as a consequence of such delay, and both parties desiring to
obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of Contractor to complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 City is authorized to deduct liquidated damages from monies due to Contractor
for the Work under this Contract or as much thereof as Ciry may, in its sole
discretion, deem just and reasonable.
2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated
damages, for all costs incurred by Consultant in administering the construction of
the Project beyond the completion date specified above, plus approved time
extensions. Consultant construction administration costs shall be pursuant to the
contract between City and Consultant, a copy of which is available upon request
of the Contract Administrator. All such costs shall be deducted from the monies
due Contractor for performance of Work under this Contract by means of
unilateral credit change orders issued by City as costs are incurred by Consultant
and agreed to by City.
ARTICI_F :~
THE CONTRACT SUM
[) This is a Unit Price Contrack'
3.1 City shall pay to Contractor the amounts determined for the total number of each
of the units of work completed at the unit price stated in the schedule of prices
bid. The number of units contained in this schedule is an estimate only, and final
payment shall be made for the actual number of units incorporated in or made
necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a deflnlte Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
JXJ This is a Lump Sum Contract:'
3.1 City shall pay to Contractor for the performance of the Work described in the
Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item Is most applicable.
"Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
ARTICLE 4
PROGRESS PAYMENTS
4. t Contractor may make Application for Payment for work completed during the
Project at intervals of not more than once a month. Contractor's application shall
show a complete breakdown of the Project components, the quantities completed
and the amount due, together with such supporting evidence as may be required
by Consultant. Contractor shall include, but same shall be limited to, at
Consultant's discretion, with each Application for Payment, an updated progress
schedule acceptable to Consultant as required by the Contract Documents and a
release of liens and consent of surety relative to the work which is the subject of
the Application. Each Application for Payment shall be submitted in triplicate to
Consultant for approval. City shall make payment to Contractor within thirty (30)
days after approval by Consultant of Contractor's Application for Payment and
submission of an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City
until Final Completion and acceptance by City in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (.5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by Consultant and Contractor shall have no entitlement to a
reduction. Any interest earned on retainage shall accrue to the benefit of City.
All requests for retainage reduction shall be in writing in a separate stand alone
document.
X1.3 City may withhold, In whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.:i.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against Contractor or City because of Contractor's
performance.
4.3.3 Failure of Contractor to make payments properly to Subcontractors or
for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
4.3.6 Failure of Contractor to provide any and all documents required by the
Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Consultant and Contract Administrator find the Work
acceptable, the requisite documents have been submitted and the requirements
of the Contract Documents fully satisfied, and all conditions of the permits and
regulatory agencies have been met, a Final Certfficate of Payment (Form 00926)
shall be issued by Consultant, over its signature, stating that the requirements of
the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certrficate for Payment. Contractor shall deliver to
Consultant a complete release of all liens arising out of this Contract, receipts in
full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have
been paid in full and that all other indebtedness connected with the Work has
been paid, and a consent of the surety to final payment; the final corrected as-
builtdrawings; and the final bill of materials, if required, and invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor ,and Consultant so certifies,
City shall, upon certificate of Consultant, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of Contractor prepared by the
Contract Administrator, and approved the final payment. The acceptance of final
payment shall constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the General
Conditions and identrfied by Contractor as unsettled at the time of the application
for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contrail
Documents shall govern this Project.
6.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public_Enti~ Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a Contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the City,
may not subrnit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to
the City, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the City, and may not transact
any business with the City in excess of the threshold amount provided in Section
287.017, Florida Statutes, for category two purchases for a period of 36 months
from the date of being placed on the convicted vendor list. Violation of this
section by Contractor shall result in cancellation of the City purchase and may
result In Contractor debarment.
6.~1 Indeoendent Contractor
Contractor is an independent contractor under this ConUact. Services provided
by Contractor pursuant to this Contract shall be subject to the supervision of
Contractor. In providing such services. neither Contractor nor its agents shall act
as officers, employees, or agents of the City. This Contract shall not constitute or
make the parties a partnership or joint venture.
6.5 Third Partv Beneficiaries
Neither Contractor nor City intend to directly or substantially benefit a third party
by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
The place For giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For City:
Fred Beckmann. Public Works Director
Public Works Department
1700 Convention Center Drive. 4"' Floor
Miami Beach. Florida 33139
With copies to:
City Attorney
City of Mlaml Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Central Florida Equipment Rentals, Inc
9030 NW 97th Terrace
Medley, Florida 33178
Attn: Robert Bare, Vice President
Marcus Thermes, Protect Mana4er
6.7 Assignment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, Contractor shall not subcontract any
portion of the work required by this Contract except as authorized by Section 27
of the General Conditions. Contractor represents that all persons delivering the
services required by this Contract have the knowledge and skills, either by
training, experience, education, or a combination thereof, to adequately and
competently perform the duties, obligations, and services set forth in the Scope
of Work and to provide and perform such services to City's satisfaction for the
agreed compensation.
Contractor shall perform its duties. obligations, and services under this Contract
in a skillful and respectable manner. The quality of Contractors performance
and all interim and final product(s) provided to or on behalf of City shall be
comparable to the best local and national standards.
6.8 Materiality and Waiver of Breach
City and Contractor agree that each requirement, duty, and obligation set forth in
these Contract Documents Is substantial and important to fhe formation of this
Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.5 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless City or
Contractor elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7} days after the
finding by the court becomes final.
6.10 Annlicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract, Contractor
and City hereby expressly waive any rights either party may have to a trial
by jury of any Clvll Iltlgatlon related to, or arising out of the Project.
Contractor shall specifically bind all subcontractors to the provisions of
this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or
similar formality as this Contract and executed by the Board and Contractor .
6.12 Prior A_.greements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements. and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained In this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no mod'rfication, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
A'~T ST. THE CITY OF MIAMI BEACH
/I \
City Clerk Vice-Mayor
Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
Contractor
ATTEST: Central Florida Rgnipment Rentals, Inc.
(Name of Co oration)
By:
(Secre Carol C. Baer (Signature
RoUcrt Baer 6'ice President
(Corporate Seal) (Print Name and Title)
_ day of , 20
[If not incorporated sign below.] .
ConUactor
WITNESSES:
(Name of Firm)
By-
(Signature)
(Print Name and Title)
day of , 20_
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION.
F'~PURC'~,$AlL'.THEO'd i811TB 59-68-09 - W S4 S I Proposed Drorneyc IrnprevemenR.ConUacft58-08-0ACnnhac!
Canrrol dnc
APPFOVED AS TO
FORA & IAiVGUA%r
~ FUR, XtC:U I IUN
_tt ~~`b~
-~"
~ -amity rn y Dale
0°.JJ'7~. SU'PLEIUIEN TO B~.J~'ENUf-R FJRiv?
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY
ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY. SHALL BE SUBMITTED WITHIN
SEVEN (7) CALENDAR DAYS OF THE CITYS REQUEST.
QULSTI;: NNAIRE
?he unde•~igna,.4 authorized rePres~r'la'~•.~e of ih~: Bt~d°r c2r, fies :he 'nJrh and accu•acy ?` all
staler•ier;; and the answers ccntarned -.~•~In
Ho~m ^lany Vea'S nas ;JOIJf uu^'janlZa2lan t)eert to bUS. r~P.55 bvhlle DUSScj:i•nC~ Cne of t^°_
IiCen SeS CBrtlf~ca{IOnS Cr feGlS2rdtICnS SpBC:fled In SCC21on Ou4Vb~ AddltlOnalh/. IIS[
aelow or attach a IISS of all the nar•tes of as Indrv~duals Seam memne!s Includes n lhls
aid anil tha r ~especti;e rospcos',b,l ty
License!Certification#IRegistration# ""ears
';I_AL~_yt -t '.ia CC•:0=iill '1
:errif,-ari~~ ,,; f.nma.>~ 3Q8-- l'
1A V•Jhat SLSme55 are you in~~ Cozs[tuceion ( Cenerall
2 '+°d°,at s :he las: prolert of tna nature tha! y~~~, have rr.rplerea^
See Attached Lieu nY Related tfajnr Prajecls ___
3 Have yo.l aver faired to complete ary •NOrk a~,'a~ded to you? h so where and wh/~
3A. Gve a'.vne• names. acdresses ana to+ephone r~Jmoes and surety and proJe° names.
fa! 31 prOJ?Ct5 'df W'IICh ~y0~~ ha'•~e pertarmec `NCfk, 'Nhere you' SUrery naS ~n2erveneC l0
aSS,St it vnmoleT.:Cr of t'le pfnfeCt 'Whetner ar ^a: a Cla,r' uJa9 made
4 Gwe names. aduressas and telephone •'umhers cr Shree r-Jalvlduais carporatians
agencies ar nsLt.;fions tar vJh,cn '/ou nave pert^-mec 'NCrK
q t tiDCT:\ - III NLi lst. Scrc•_t Miami, ~1 331'3 Uu:nbai Corr^_ll ;SU~i- 3+'S-36~
f nan•e; iar;:Jressj tpnonc >:;
4 z ' nt:'!' ~Iea ?`iileniuml 499'i NE 2nd Ave 212 tliam± S'~nre, F: 33.38
name) Stevc Tic Oua ladrJresst tFndne T' ?05-?95-:595
CiTVOF MIAMI BEACH
BID NO' S9-08!09 ~'~
DATE. SeDtem ner 30. 2005
band no. 10 i 3S'. 8lw
U0^U ~~rRPvS OF'=~F~P,IVIf.Ni:~ Ci'_~
RV It?(S 3ON;, 'aVe GcuLral F'7nrida L'quipment Rentals, Tu~~ f'rwl:ipal
'I'ravel.ers Casualty as Surety
hsrsir.a`*er called r:ontracr~r a•ir! r;ompany oT bwericx , as Smety, are'>ovntl
to the G*.y ai fvliami Bier t Icrrda, a; Oidiyrf, heromattcr ~allcd Cily, in the amount of
Six Hundred T~.•enty Si:; 'I'hnusand 62fi,130.0.Ct
rt, ~ u, „rr,.d 'I'h; rrv and OU+'Iii1411ars f$ ,for the pavmen' whereof Uontractor
and Surety bind thernaaives, ;nei• hc~r,, exr,r.ulcrs, adminisrators, su;:cessors and assig^s,
lointh; and severally.
IA+HERE~,S ,^,ontraotor has by wrillrn agre?meat entered int:: a Contract, 31d!Con:raot
Na. 59-08/09 ,awarded tnc- day of 2C _, writ- Oi!y
whim Contracr 'toc:uments are by reference incorporated heirin and made a pan hereof, and
spaciircaNy in^.lude provision for liyuidaled damages, and nlhe! damages identified, sad fni the
pwposes nr this Bond are heroaftei referred to as the "C:>niract`'
THE CONUI? P7N OF THIS BONG) is the: i' Contractor
1. ?erforms the Contract between Contractor aqd Cl~y for cnnslruction of
West 44th Street Draine.ge improvements Pro_7ectthe Contract being made a
part o`. this 5nnd by reference, at the tunes and m the manner prescribed in the Contract;
and
2. Pays City all losses. liquidatac damages. expenses, costs and attorney's tee; including
appellate proceedings, the. Ciq~ sustains as a result of default by Contractor under the
Contract and
3. Pcrtorms the guarantee of all work and materials furnished under the Connect for the
time specified it the +Contract; thcr, "HIS 3pNU IS VOID, OTHERWISE IT REMAIN; IN
=ULI EOP.C= AND GFFEGT.
b'Vhenevet i:ontracior shall b~, and declarer..' by !'rty to be; in defauh under the GanUaa:.
City having performed City obligations they=_under, the Surety may nrr>mplly remedy the
defaul;, or shah promptly
3.1. Complete the Project m accordan;:e with the terms and conditions of the
Oontrac; Documents; or
31 Jbtam a bid or bids fro completinG the Frujrca in a;:c:nuisrx:e with the terms
and conciitians of the ~:ontract Documents. and upon determination by Sureb/
n' tar. lowest respo^siblo Bidder, ai, if City elect, upor determina6or by City
and Surety jomthJ of the Icweal rssoonsible 3rddcr, arrango fore canha;:
between such Brddcr anc City and make availal,lr. es work progresses Leven
thougf them should he a default o' a succesiun of rietau4x under the r~ontrad
C iTYOf MtARI'~ BEACr
BID NO, 55.06fQ5? 70
nATf .Scotcmbe- 7U, 2UU9
FO?L! Lr F'SI:~ (JftFIANCF lii'lfei ~ i~_:nnhnu2dl
nr Crnuar:!s ai •::rmplauon arr2nard under 'his f:a:aurapli; sui(i;:ient rungs t^
pay Ilse ::asl u` rorr,nlPrion less the ralanoF of tl:e Conlra:a Prig, bu: oat
=x::-tiding I•uauding caber oasts and dar•.2ges for vrhich 'he Surctp ma be
liatn i!ereundrr, Ilrr; a'TIUUfI: se: forL•r !n the firs paragraph I!er~•oL ~ he term
"balance. o(Inr. ~^nn!:a::! ~~nce " as ~rse~J !n ins paragraph, sl!all !nean IhE total
amount ::ayahl~ dy Qily to Cortraclnr other :hH %nniteN and arty amenome'1's
then?to Iess the amount progeny ca!c b~~ :;ry to Cnnnactor,
No r!gn? of action shall accrue on th!s pond to or for the use of any person nr rurporatlon
other than ;;ity named hereto.
The Surety hereby waives no?!ce of and agrees that any changes rn or unoer the
Contract Documents and compliance or noncnmaliance aiith any iormallties Connected
wish the Contract or the changes does not affect Surety's ob6aation under this 3ond.
Signed end sealed this day :>i 20
1NITN~SSES: C recd! Florida E ui~ment Rentals,
r am of Corporation} Inc.
~-
Secret rv Garol f.. P.aer Fjy;
;Signature]
rr~~RPORATE SEALt
Robert Itaer, Vice °resident
!Pant Name and Title)
IN 1 H - SENCE OF: INSJRA COtdP.ANY:
~ Trove] r C.aaualtp anG Sur }'
Comp y of er'
~;_
By'
_~' ` .'~,~ __ !:gent and ttorney-in-Fact
Charles .i. Nielson
.(1tA.', Address: floe 'tower Suuare
'Street)
Hartford, CT Og1fi3
rCrtvr5tare,`Zip Collet
Telephone Nc Rfi0- 27?-G; 11
C! I YUF M1AMI liEA%H
IIIC~ NO: 5A•OR10? RG
UAr=. Septcmb_•; 30 ?009
* NeiKhhorhood Ne. 7- Nautilus -Orchard nark
Ynnrl nn. IOS :SS4 1514
i1P!7U F~"Rhd"1= f'.~.YI;dFRT =;~~)Nii
py 1nC.
_ THfS B~~IN~, 'JJe %cc.l:al 1~lnr~ui a[en[ TcuntalK, 3S Pfnciaal,
'l raveler^ CCA~ua-}t}> J^ Surely
hriHC:ailer called ~~:nntra:anr , ann floury any of t1t»c•rica , as ii ]r8ty, 3rE bO~Jnd
Ir:. the ~_:ita~ of I:iiami Beam. Florida, as Obligr-~, he!einaflai called ::rty, In the amaan[ n•
Fir. liundred 'twenty Fix 'i'hrnrsattd 52b, I'i0.0(?
Gne Huncrcc '"hlrty and Ubr 1J0 JoGars (S.' for the payment ymereof
~'ontractor ana Surety bmC themceives, Iheii heirs, executors, admrrstrators, successors acd
assigns, ~oinUy and severally
INN°_R.AS, Gontractor nas by wrritlen agreement anterd into a Conuad Fiid?.^.onnara
No. 59-OS/09 at:~ardcd the day of 2G_, wilt City
which Contract Gocuments arc by reference incorporated herein and made a uarl hereof, and
specifically include provisior. for liguidaled damages. and other damsoes ida:difiFCt, and tnr the
aurposos of this Eond ara lieraafter referre0 to as the "Contaac"'
THiE CONDITION OF THIS FsOND is [hat it Contractor.
1, Pays City all losses, liowdafeo damages, expanses, ;.osts and attorney, fees IncWding
appellate proceedings, that City sustains hecause of defauh by ConVactor under the
ContraC; and
2. Pramptly makes payments to all claimants as defined by Floridz Statute 255A5(1; for all
labor, materials and suaplies used directly or indlrecty~ by_ Contractor in the uerformance
of the Contract;
T 4EN Gontractor 'S OBLIGATION ;il IAL. BE VOID. GTHFRWISF, IT S-iAL:- P.EIJAIN
IN FULL ~URCE ANC) G=f'.CT SJEJECT, HO\~rEb'E~t, T~j THE =ULLCriNING
COND. T IONS.
~. A. cfalmant, except a laoorer, woo rs not in pnvrty with Contractor and who has
not recelvec payment for its labul, materiels, Dr supplies shall, wdhm forty-flue
f45? days after oegrnning to furnish lacer materas, or supplies for the
prosecutior. o' the work, furnish Ic: Contracto- a notice that ne Intends to look
to the brmd irn protection.
~~2 A claimant who is no: In pnviq~ with Contractor and whc ha; no' received
payment for its tabor, materials, or supplies shall, within ninaly ~90i days Ghat
performance n' the lai,o: or after comprete deirve~~ of the materials or supplies,
deliver to t:ornractrn anC ro the Sureh~. written notice of ilia performance o' the
labor o' delivery of the materials or supplies and of flit r:onpaymcn:
2.3 No Getter for the labor, materials, u' suophes may r.,e irrsliluterl against
Contractor or the Sweiy unrrss lne notices stated under ilia preceding
rondiira',s i= t' snc ;•' ^i hadr. i,een Given.
~Irvo- MIAnn o-nr.H
RID NU 54•USrUy 81
DATC Sep[emoe• aQ 2009
2 < Any action. under this B;,~w nra be ic;iButed m accordarc ~.viih fie Nuiic=
artd irme Liniitatiuns :uovisiors prrscrib-d tr Scct~on 25C~ 05i2j, Floraa
CtH71:1 F,S
Toe ~urYly •iw et,y :eaivex nntir:e of arn: our res Nia; anv d.an9cs to or unoe• ihr.
? on,rata fio•::umNnL, an0 :ornt;iianrr, ,n nanc:>rn;ili:irn:e •:~ith any forn-•ali6as connected
:^:itn `.ne G~n:racl rn Ili.=. ulanyrs :ices ntY affa:a Ih~ 5urety'e obhgahor~ under th!= 3ort~d
GigneC anc search lhiti riay :>t , 2G
A/T-~E~T:
(Secrr:iary) Carol C. Bacr
h :OrpOr3te Seah
Conirarioi
Central Florida Equipment Fentals, Inc.
( ame i Corporationl
.S'~--
~!~~ atUfe)
Itnbert Raer
~*icc Precidc_t~____
(Prim Name and Title)
IN EN~CC 1~F:
~ i
r C ~.
i --
1LL• y[_
dsy n` _, 20_.
1NSUR.4 :. ~"i.~M?ANY
Trave Casualty and Su y Company
of erica '-C/!~/J
ay:
ttor ey-ir,-Fact
Ci:nrlea .. Nielsuu
Adtlress: _Qne Tower tiaunre _
'Stroet)
flartlurd, CT 06183
(City:State2ip Gode?
Tel9phone Na: 860-27i_-0111
ctTVOF runrnt aEacn
BID NO'. 59.OBf09 EZ
CIF~TE. Septcmbe-3L ?099
+L1'~'. :=F•'TIF ICAO L AS -: i„ ~RPOR ATE PRINf]IF'AL
i ~arn~ 1., raer ~e'tlhj •.h at 13rn fh° Seoretary of
the corporation named as Pr!ncioa' in the iuregnmg Pertor~tance ono Payment Sand
(P_rtormance 3ord antl Payment 3ondj that Robert Saer ~ddhtl s~g~sr, the
Bonds? ~r behalt of the =rindpal, v;as than trice Pres. :`,aid ~orptlrabon. ttat I knnw
his/her slgnatur?; and tiffs/her sianalure iher~ln is ~lenuine end that saki Bondl'si ~„+as i,were)
duly signed scaled and attasteo [:, an iiellalf of said aorporadon oy authority of its gov-c-Nnp
bod
-~~0-~2- ,s~HL~
Searrlery !un bauaft oQ
Central Florida Equipmenr Rental„ Inc.
~.nrp;x:rlinn
STATE Of "L.)RIDP. j
JJ
:;OUNTY O~ MlAtvtl-DADS )
9efore me, a Notary Pudli:: duly rammissioned, qualrfied and acting personalty,
appeared Charles J. 6iclson to me well known, who being by me
first duly sworn upon oath say; that he.rshe ras been authorizeC tc execute the foregoing
Performance and Payment Bono (~ertormance Bond and Payment Bond) on behalf of
nntractor namec therein in favo~ of Cdv
Subscribed and Sworn to before me this 21 sr as o- Ctcrnher ,
My commission exnuas: ~~~/ ~%~
Notary '„ otatC o' Flonda at _arge
.Tauuary /i, 2073
\\\111111111111p/
`\~~~`"Gt~EILEptJ~~~ 60ndedby Univereal Surest' ni America
~.c. ~~~~. Fa"•
y////~~///il 1I n Ill N\~ \\\`\~
::IIYU= MIAM~ BEACH
Rlr+ NCI 59-U$!U9 63
DATE- Sep[em6e• 3U, 2009
00708. FORM CERTIFICAI E O~ INSURANCE
A form Certificate of Insurance well be attached here.
CITYOF MIAMI BEACH
BID NO: 59-08109 78
DAfE: September 30.2009
_^
`~~ KO® CERTIFICATE OF LIABILITY INSURANCE page l of 3 10/21/2009
vgoouceR 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
win.:..,r eto%ida, mc. ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW.
a6 Veniury DlVd.
r. n. aH% los:vl
NaIdlYiuw TT4 !'talD->:91 INSURERS AFFORDING COVERAGE NAIC#
INSURED Cen[[al Florida BQulpmen[ Aencal9, rnr. 'VSURFRn Wnuanu Bua«neee lDau[ance Company 36063-031
9030 trH 9Trh Tarroc"
' VfiIJRCR7 Mav9au lfidnrvrif:nrn Tnewrawv. Cvmpnuy abU4a-U01
Madlay, FL 3!:
73 ---- ---- -_--
N9UH=H L. Na Cionel VnSoA Fira Insurance Company of 19_445 005
NAI Iq FR D
N7__J_R_CRC
COVERAGES
_
- HH °OLic:Ih_H OF ' N:iI;ItANCF 11sTFD BELGbV 11P.V= D~=CN I$$UCD'0 THE
INSJRED VAP.tE 7 ABU`fE FOR I M6 MUUGY NE KIt 1U INI )It )n "P -1 Ni>PN'~T HSTANDINC
ANV RCOJIRCMCNT TCRM OR CDNDIT'GN OF ANV CUNT W1C UR a' NFN IIOC:IMFNT YJ',TN RF.iPECT TO WPICII TIIIS CER'IFICATC MAY DE $SUED DR
hAAY °tH ~A~N, I Ht NtiuHANt:F AFFtiR~.")FD AY THE POCG CS ~CSCRIDCD I ICRCIN IS SUB.ECT TG ALL -HE ~ERMS. E7CCLUSIUIS AN7 C! IVUI 11! 1Nti CtF gUCh
HOLIrIE5 AGGHFf:AI r• i ib1 T~:iHOY`JN MAV HAV=000N RCDUCCD DYf A.D CLAIIdS.
INSR ARR'I
1YPE OF IN9UfUNCE vUUCY NOMUCR VULICY CIi CCTIVC POLICY C%PIRATOH
DATE MN'0 UMRS
p r rfuFRAI uARUm TAXZ91496935039 4/1/2009 4/1 /2010 urnnce inneN'-= S 1, 000, 000
X Curnrn[RCOI'_cCNCRAL ~_Aaa1TV nnnlncF -r. RFriltd 100,000
ra~r.a ~[. tCe xa ~r.-e;
UL4 VSLtAUt X JCCUH LIF ;FF~p+ny::nu:;uc:rn 3 S,_Q00.
PLR:~ONAL.1 AUV INJ'J9Y L 1, DDD, DDD
u~NtHA3 A~uKtLUI_ s z, DOO, ooD
VEN'L AGOHt6AitLIW l AVVUl3 FCR PRODUCTS C.OhiP.'OP_ AGG 3 2, 000, OQ
e0 ~ '+Rn. I r)U
g wu romowLnlAnam ASJ291448935029 4/1/2UU9 4/1/2010 cuMeNeu swu'
=LVI
-
T 1,000,000
iFa xn:icculj
ANY.AU liJ
_ dl I OWNFiAl ITp4 DVU W INJURY
F
SG ICDVLU AUTIJ6 (HBr Darwr`
Y HIHtU AUIOS 3rN:l YINJ~IgY
't'
D
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1[ N[ri OWNF^. AH'Op rrer eccittn0
C
~
_ ~ROPEfttY UAMAGt £
~
rPn Iu
.cir mII
f.Agaf.F I IARII ITY AUTII UNL~ EA A'1 DCNT
AN~AV"C OTHFRTHAV EA ACC 5
nI ITO nNIr AC.G A
C C%CC56/GMagFLiAIIARII ITV D86564745 4/1/2009 4/1/2010 tnuloccu¢HCrvcL s 10, DDD, D00
~ X UCVVH i C_AIMS NADC AGGREGATE 5
5
I i ^.FGIM^.if?.F S
_ X z[T-N- and F ;
WVHAEHS CV MVENSAIN)N
WG7291448935019
A
' 'Vf S:f«j,l- OTN-
4/1/2009 4/1/2010 X . IaHY -Iles ~
uIn FMPI OYER9
l lAwurY
..N':VR~.'1PRIFTUR'P!ARTNFR=_%ECUIM1it ~N~ C.L. EAC11Ai.C UE\T t 1 DDD DDD
"FF CF R9.IF NPF P CQ:LI:UF ]v
jMSnOatorv~~Wq
t.L. UIStASt ~tA t+pVWYEE L l,DDD, DDD
Ihps ~]esrnM UMO` FI DISEASE POLICY . Vit {
OTNEq
OFSf,RIPTION OF OPERATIONS I LOCATIONS! VEMICLE9 f E%CLUSlUNS AUUEU tlY ENUUHSLMENT; SPCCIAL PROVISIONS
Rel AID (iTH) No 59-08/09 for Worst 44th Street Drainage ImptovementE Project Neighborhood No
7-Nautilus-Orchard Park
It is agreed that City of Miami Beach is included as an Addieional insured as respects to General
Liability, but solely in regards to work boring performed by or nn behalf of the Named Insured in
connection with the proj act described herein where required by written contract.
CERTIFICATE NOL_D_ER_ CANCELLATION _ _
SHRIII n ANY OF THE AaOVE DESCRIBED POL1pE3 BE CANCELLED BEFORE THE E%PIIU rIUN
OAT[ THERFOf, THE IS9UINf. INAIIRFR WII L ENIfEAVOq TO MAIL 3D DAYS WRITTEN
NU DCL IU I IIL CCHIIf1UATC IIOLDER NAMED TO THE 1 EFT, RIIT fAII URF TO DO 50 SHALL
IMPOSE NO OaLWAIN)N UH W.tlILIIY Ur ANY %IMO UPON nlE INSIIRFR, ITS AGFNTA OR
Cit
Of MiaIDi B
h RFPRFSFNTATIVFS.
y
sac M
T
1700 Convention CeRCflr Dri Vfl AUiI ORIZ[D R[rRE6E
A
Miami Beach, FL 3a1 i4
CO11 :2840970 Tp1: 9079"77 Cert: 13280027 217988-2008 ACORD CORPORATION. All righl8 ra8afVad.
The ACORD name and logo are reglatered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 ~ ~oiZ~iE
877-945-7378 trna IiCRIIr I~,FIIC w i.ooucu r.u r mn, rrn yr u ~ ~., ,
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICf
I HOLDER. PHIS CERTIFICATE DOES NOT AMEND, EXTEND
Wilt i3 ~e Pt or ada, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELL
ae century yivd.
P. O. Box 105797
Naehvittn, 'rN ivz:io-5191 INSURERS AFFORDING COVERAGE NAICtt
Con tr.al Ptuuda Equipment NYnta if, int. NSUaEn> Nnu:,n, 9, u,iu,.un Iuuua ante Company- 20005-
9030 NW 37tII T41LiflGfl NBJttR UWOUaau 'Jftdfli'WTlter9 Ineuranne Cnmpany :6041-
Medley, Pl. 11179 ----- - '
iNfi::RFRC National Uni On tliie LnflutaAC• Compflay of 19445-
Page 3 of 3
IMPORTANT
If the cort;ticate holder is an AUDITIDNAL INSURED, the polirypesj roust be endorscd~ A statement
nn Ihis certificate does not confer rights to tha rrrbficale holder in lieu of such endorsement(s).
If SUBROGATION Iv WAIVE U, sub)ecl to the terms and contli6ons nt ilia policy, certain policies may
require an endofSGmCnf. A statement nn RII5 ctllGfiCete does not COhief rights to the certificate
holder in lien nt surh endursement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a rnnlrart between the issuing insurer(s), authonrrd
representative or protlucer, and the certificate holder, nor doss d atfamahvely ui negatively amend.
extend nr alter the coverage afforded by the policies listed thereon.