Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R2A
~a~ .- ~G r- S ~~~,.' ~_~ - ALT~~ SU~~TY G~OU~, INC. SURETY BOND PROFESSIONALS June 4, 2010 CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, FL 33139 RE: OAC Action Construction Corp. North Shore Bandshell Facility, ITB No. 16-08/09 Bond No. 1932887 To Whom It May Concern: This letter will serve as The Hanover Insurance Company's authority for the City of Miami Beach to date the Performance and Payment Bord and the necessary Power of Attorney on the above captioned bonds. We acknowledge this must be handled in this manner, as the necessary forms must be filed with the County prior to the physical execution of the contract. Yo s rely, A~ Warren M. Alter, Attorney-in-Fact 41 ~~il ~~ 5979 N.W. 151sT STREET • SUITE 104 MIAMI LAKES, FLORIDA 33014 PHONE: 305-517-3803 FAX: 305-328-4838 www. altersu rety. com ' THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Warren M. Alter of Miami Lakes, FL and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and Nol100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of December 2009. iE HANOVER INSURANCE COMPANY ASSACHUSETTS BAY INSURANCE COMPANY- ITIZENS_INSURANCE COMPANY OF AMERICA ~- ~ /t ; ary Jude on, Vice Pres~t - bent K. Grennan, Assistant ice President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 22nd day of December 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ® c~+r ~~.no.x~or NCfBry Pubtic My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 4th day of June 20 10 THEHANOVERINSURANCECOMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI NS INSU A?JCE C~~NY OF MERICA ~ / Sleptr$ji C. 8raulf", Assistant Vice Presl~n( ;j ALTER SURETY GROUP, INC. Bond Department Public Works Bond in compliance with Florida Statute Chapter 255.05 Bond Number 1932887 Contractor OAC Action Construction Corp. Address & 12540 S.W. 130th Street, Suite 3 Phone No. Miami, FL 33186 305-256-6655 Surety The Hanover Insurance Company Address & 440 Lincoln Street Phone No. Worcester, MA 01653 508-853-7200 Owner Name City of Miami Beach Address & 1700 Convention Center Drive Phone No. Miami Beach, Florida 33139 305-673-7490 Contract/Project Number ITB No. 16-08/09 Project Name North Shore Bandshell Facility Project Location North Shore Bandshell Park Between 72nd and 73rd Street and Collins Avenue Legal Description North Shore Bandshell Facility And Street Address Between 72nd and 73rd Street and Collins Avenue Description of Work Construction for the Renovation/Restoration of Repairs North Shore Bandshell Facility This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the application statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon. 00710. FORM OF PERFORMANCE BOND Bond Number 1932887 BY THIS BOND, We OAC Action Construction Corp. as Principal, hereinafter called Contractor , andThe Hanover Insurance Company as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of One Million Twenty Seven Thousand Six Hundred Eighty Nine and 09/100-- Dollars ($1,027,689.~9for the paymen# 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.: 16-09/10 ,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 North Shore Bandshell Facility Renovations ,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 3. 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 BID NO: 16-09/10 CITYOF MIAMI BEACH DATE: January 20, 2010 81 FORM OF PERFORMANCE BOND (Continued) 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 o#her 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 UL day of ~~,~ , 20~~ . WITNESSES: ecretary (CORPORATE SEAL) OAC Action Construction Corp. e o orporation) By: (Signature) - L~'.~ t~ CSI ~ - ~ 1~5~ ~~~ - (Print Name and Title) INSURANCE MPANY: The Hanover Ins ranee Company B ~ `-' Y Agent and Attorney-in-FactWarren M. Alter (Street) Worcester, MA 01653 Address: 440 Lincoln Street (City/StatelZip Code) Telephone No.: 508-853-7200x4476 BID NO: 16-09110 CITYOF MIAMI BEACH DATE: January 20, 2010 82 IN THE PRESENCE OF: THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Warren M. Alter of Miami Lakes, FL and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000} in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of December 2009. )MPANY MERICA ;,, s ..._:.~ .. , ~is-f i ,.~~ - THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 22nd day of December 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as offcers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ter., .,..~ ~~;~ NOf8ty Public My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of , 20 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI NS INSU A?JCE COMPANY OF{aMERICA ~. / ` ~~~~ _ i ~ ~% v i /~ ~y%. Slep~~ . Braul, Assistant Vice Pres of 00720. FORM OF PAYMENT 80ND BY THIS BOND, We OAC Action Construction Corp. as Principal, hereinafter called Contractor , andThe Hanover Insurance Company as Surety, are bound to the City of Miami Beach Florida, as Obligee, hereinafter called City, in the amount of One Million Twenty Seven Thousand $ix Hundred Eighi<y Nine and 09/100--- Dollars ($ 1,027,689.09 } for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, join#ly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 16-09/10 ,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 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, ar supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 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. BID NO: 16-09110 C{TYOF MIAMI BEACH DATE: January 20, 2010 83 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. CD ~' Signed and sealed this U day of JUL.P 20~_. Contractor ATTEST: ~A-C. 1-Fc~ ~,,, C.J ~ v G (,Ja Corp ion) ~ By: ecretary) (Sign/at(ur /' iCorporate Seal) (Print Name and Title) day of v~ , 2Ot~_. INSURANCE PANY: The Hanover In urance Company By: Agent and Attorney-in-Fact Warren M. Alter Address:44O Lincoln Street (Street) Worcester, MA 01653 (City/State2ip Code) Telephone No.: 508-853-7200 X4476 BID NO: 16-09!10 CITYOF MIAMI BEACH DATE: January 20, 2010 84 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL '~ -~ ~ (~ r [-'`e' -~ ~ ,certify that I am the Secretary of the corporation named as Principal in the foregoing Perform ce and Payment Bond (Performance Bond and Payment Bond); that ~d ~ ,who signed the Bond(s) on behalf of the Principal, was then of said corporation; that I know hislher signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (SEAL) S Lary (on behalf of) r • J1 Nun ~-fX` ~°t~ Corporation STATE OF FLORIDA } } SS COUNTY OF MIAMI-DADE ) Before mej a Notary Public duly commissioned, qualified and acting personally, appeared ~'~~(L;<r~:~%~~ ~u;%.. ~-,L_ 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 Ji.~~.~ 201 D . My commission expires: ~~!~~~<~`~--_ Notary Public, State of Florida at Large ,~C-l)ll ~-~`, za~J Bonded by ••''1R'~"~`~'• L,I *~ 1, Commission DD617173 Expires November 26, 2010 i BOIIdprJ ThN 7rpy Fein Inau nu~ae X7010 BlD NO: 16-09!10 CITYOP MIAMI BEACH DATE: January 20, 2010 85 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Warren M. Alter of Miami Lakes, FL and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No1100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons" (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 22nd day of December 2009. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 22nd day of December 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ~~ ~^~ d ~ Nof8ry Public rycoen+ireweMwraa My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if atl signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of , 20 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI S INSU CE COM ANY OF ERICA C )) _ / ~ X Step~r C 8raul, ssistant VicePres nt r ~1 '4~ ° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYVY) 6/4/2010 PRODUCER (305) 630-4777 FAX: (305) 279-3022 Gil, Garden, Avetrani Insurance Group 10689 N. Kendall Drive THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. suite 208 Miami FL 33176 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERpMid-COntineIIt Casualty Co. OAC Action Construction Corp. INSURER e:Undw. at Lloyds 12540 SW 130 St, #2-3 INSURER C: INSURER D: Miami FL 33186 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR D'L POLICY NUMBER POLICY EPFECTNE POLICY EXPIDRATION UMRS GENERAL UABIUTY EACH OCCURRENCE f 1 000, 000 X COMMERCIAL GENERALLIABIUN PREMSES Eaoccunenee f 100,000 A CLAIMS MADE ^X ocCUR 4 000792220 6/4/2010 6/4/2011 MEDEXP(Arryoneperson) f EXCLUDE PERSONAL 6ADV INJURY f 1 000 000 GENERAL AGGREGATE E 2 000 000 , , GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG f 2 , 000 , 00 0 X POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT j ANY AUTO /L ~ ~ f/ j, b~j/~ (Ea aaideM) ALL OWNED AUTOS ` ~ J r / / BODILY INJURY f SCHEDULED AUTOS (Par person) HIRED AUTOS BODILY INJURY j NON-0WNED AUTOS (Per accident) PROPERTY DAMAGE j (Peractldanq GARAGE LIABILITY AUTO ONLY - FA ACCIDENT f ANY AUTO EA ACC OTHER THAN f AUTO ONLY: AGG j EXCESS f UMBREtJA LIABILnV EAC9-1 OCCURRENCE j OCCUR ~ CLAIMS MADE AGGREGATE j f DEDUCTIBLE S RETEN710N $ ~ j WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILfIY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE ^ OFFlCERIMEMBER IXCLUD E.L EACH ACCIDENT $ ED7 - (Mandatury In NH) E.L DISEASE - EA EMPLOYE $ Ii yam, describe under SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT - j B OTHERPrOfeBBiOnal 8100699 3/12/2010 3/12/2011 Limit: j1, 000, 000/ $1,000,000 Liability deductible: ra $7,500 7 500 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROYISKINS Project - xorth ShoYe eandehell Facility Renovations. Certificate Floldar ie named Additional Insured mlth respect to the General Liabilitiy City of Miami Beach 1700 convention Center Drive Miami Beach, FL 33139 ACORD 25 (2009!01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 D DAYS WRnTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSURER, ITS AOENT9 OR AUTHORED REPRESENTATNE ~` Frank Gil/SVC ~ ~ ,, ©1988-2009 ACORD CORPORATION. Ail rights reserved. INS025(zoosoi) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certiflcaie holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. INS025 I2o0ao~) ACORD?~ CERTIFICATE OF LIABILITY INSURANCE osloa/2o oto, ' PRODUCER Affiliated Agency Ops 16 South River Street THIS CERTIFICATE IS ISSUED A5 A MATTER.OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilkes-Barre, PA 18702 Tel: (800) 673-2465 Fax: (570) 820-7968 INSURERS AFFORDINt3 COVERAGE NAIC # suite ~o m ee Leasin Solutbns Inc Oi.SLA7Bt A: EaMWARD ineurercs 14702 p y , g . Phone: (941 } 746.6567 Irasura3z B: ~~ c. 1401 Manatee Ave W. Suite 600. Bradenton FL 34205 I`~~D` , INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfrH RESPECT TO WHICH THIS CERTIF{CATE MAYBE ISSUED OR. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMfr3 SHOWN MAY HAVE BEEN REDt1CED BY PAID CLAIMS. I SR DD' ~ P CY EFFE POLICY EXPIRA N DEN ERAL UABILRY EACH OCCURRENCE COMMERCIAL DENERAL UABOJTY DAMMISET ERENTEO S CLAIMS MADE ~ OCCUR An pre I GEML AGGREGATE LIMIT APPLIES PER: PRO- JE AIJT OM083_E 1U81UTY ANY AUTO ~ - ~ COAAti1NEDI$WGLELlMIT (~~ ~~dea )) S ALL OWNED AUTOS SCHEOULEDAUTOS ' / ~ ` lP Pew LR`/ ~"' S HIREDAUiOS NON-OWNED AUTOS /^_ ~` V/~1/ e , ^, BODILY WLFtY S ~ ~ ~~ ~ ` LL//L`/ V PROP6irY MACE ` { erecddent ~ S GARAGE UABi7IY ~ ~ AUTO ONLY - EA ACCIDENT S ANY AUTO. . OTFBt THAN EA ACC AUTO ONLY: ~G = SSNMBRELL{ ~.~WTY EACH OCCURRENCE OCCUR U CLAIMS MADE ~ AGGREGATE S .. S. DEDUCTIBLE ~ S RETENTION S TONAND E DIPRLOE~S LIABNS~A T~ X TORY LIMITS ~ ' . E.L. EACHACCI~NT 10ooooD A '~~ 1~~ ~I~i `x'T''~ MWC109947 01/0102010 01/01/2011 E.L. DISEASE - EA EMPLOYEE S 1000,000 t(yes,describeunder SPECIAL PROVISIONS belay 'E.L DISEASE - POLICY UMR S 1,000,000 OTHER Client ID: #4143161 * Valid in the State of Florida DESCRIPTION OF OPERATIONSILOCATION9~IVEHICLE3IEXCLUSIONSADDEDBYENDORSEMENT/SPECIALPROVISIONS /~ COVERAGEAPPUESONLYTOTHOSEEMPLOYEESU:ASEDTOBUTNDTSUBCONTRACTORSOF: Ea$tGU/-~RD In$Ur[~nCe COIYIpany oAC Action Construction Corp carries an A.NI. Best Qualifiers Name: Orlando.Cruz Sr/Osvaldo Cruz Rating of A- (Excellent) and a financial size . FI"°"°'°'~~'°~'B"` Aprox active employee count: 9 =ate'' NorthShore Bandshell Facility Category Of VIII n-Exceue"c Attn: Gus Lopez City of Miami L3each 1700 Convention Center Drive 2nd Floor Miami, FL 33139 SHOULD ANY OF THE ABOVE DESCRIBED POLICQ:S BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUWG INSURER WILL ENDEAVOR TO MAIL 7 DAYS WRDTEN NOTICE TOTHE~CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAW RETO DO SO SHALL IMPOSE NO OBLIGATION OR UABILRY OF ANY IGND UPON THE INSURER, RS AGEMS OR REPRES EM~ATNE5. AUTHORIZED REPRESEHTAT{4~,/ REQUEST FAR CERTIFICA~`E~ Q~ IN$URA~CC~~:1 AIJ7(~ ID CARRY art~ling,lns#rucf~~r~s ,(h itof sp~slifed below; Eettlcaf® mill be m2f(ed fo Cert;f~ofdararid fnsvtgil:) : .:~ ] ~maii to Cert _tioldet a[ Fax fo Gad Holder &f. ~ ~D '' ~~« email [n pert Requesf at ~Oiher ,~, ---- .._ .. ;'' : .. auw aacaawauya oa :rpn11 < 0U~~4-217.<~:~17-i( ~'y::: •. CE~TtfICAT~ fit= tNSUF{AN~~ fitJCN:;INSURANCE dS::~.ESPEC7'°,,?THE:IIyE:RC,ST'Qr.TNE:CE~F[FICATE:NOLDEki WILL ~iOT 9E:CA~IG€L~O t]It~ ~ERlRif86~ :..:~: ~IIRAh1Gt:::::: ............... -- --. ~- Acc.de~el . ii ~~{YS~CA~ DAMAGE i •• I-^• -~-_-. .. .;.... ;,GVEWIGFS : I X00 1506 a; Gom,;.rsher~slre ::; +560 t b:.Cglf~lan ;~:... .. .: i 500 ::. 1:~~ . 1 S0g 11v1rLOY~R S : I Y~8 hD ~ C~1'E,S ~Y_5 ©NO t]NO JC:Y~S Nfi ' 4QN1aw~ERSriIP COVg~GE ;~ .. , j .~I H;~~J CAR.COVlrRAGI? ~ Y'~S NQ i ^' G YE$ hid ~ F6'~~: ..~• -vv ~~ .vim -. W.uV a.~Iy~y .: gum inawaage s'r .rwwf ~Fl.S6 ,.. ..... .. ;,.: ..... ,: ~ERTI~I~ATE ~F:lN&Ul~A~[G~. • :~: CI onv~:uiCl ~r.~uwr. rd .a.,..e.w^........~~.. :_ .. ~.~:~---- -- ._.-. _ .. ..... ~' .. r- .. .... .... .. ATTACHMENT A -UPDATED BID TENDER FORM City 4F Miami Beach ITB No. 16-09/10 NORTH SHORE BAND5HELL FACILITY RENOVATIONS Our TOTAL BASE B!D AMOUNT includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, demobilization, overhead & profit, insurance, permits and taxes to complete the Work to the full intent as shown or indicated in the Contract Documents. ITEM NO. DESCRIPTION TOTAL 1. North Shore Bandshell Facility Renovations Overall Comments: Division 1-General Requirements $ 7~j /67. S" Division 2 - Sitework $~~''' Division 3 -Concrete $1 ~7, j ~' ~} ~~` ~ Division 4-Masonry $ (~ c,~' 4, c'v Division 5 -Metals $ ~;~ ~ Division 6-Wood and Plastic $ ~~ ~3~ Division 7 -Thermal and Moisture Protection $ ~ p c~ ~ g- ~ u Division 8-Doors and Windows $ • Cb ~~{ ~• ~ Division 9 -Finishes $ ~ `~ •~ t~ ~ • 1 ~' Divisionl0-Specialties $ /~ ,~~;~''1j,Uc-~ Division 11-Equipment $ ~ ~~ ~~©'' Division 12 -Furnishings $ ""~ Division 13 -Special Construction $ ~ Division 14 -Conveying Systems ~j~,,tz $ Division 15 -Mechanical Construction $ / ~ ~, I ~ (' Division 16 -Electrical $ 31 5 , ~~" lump Sum: Base Bid) for (Divisions 1-16): $ ~ ~/ ~ , 7 S ~ ' ~ 1TB i6-09/10-Addendum 7 January 29, 2010 BID TENDER FORM -SCHEDULE OF PRICES BID -UPDATED ADDENDUM 7 BID No. i6-09/10 2. 3. Q. 5. a) Allowance for permit fees, for the price of (Base Bid) b) Relocation of existing electric service point c) Evaluation of stage substructure Add Alternate 1: Motorized stage curtain in lieu of manual stage curtain (Specification Section No. 11063) Add Alternate 2: Motorized rear projection screen (Specification Section No. 11063) Lump Sum -For consideration for indemnification for the lump sum of: $ 50.OQ0.00 ~ 20.000.00 $ $s.ooo $ ~gyu $ ~sy~ $ 25.00 gay ,~l~~~'/ TOTAL BASE BID AMOUNT ITEMS 1- 5 $ Written: >~i/ti ~~o-~(~61~1,~ ~hj~~ ~1:.x- ~~.co. -t-,CiC ~~~.d:, ~~r~~Sc'C/ ! ) ~ tn~ ~~ r ~{ 7~wv _Doliarsand ~'i Cents Bidder's affirmation: FIRM'S NAME (Prin SIGNATURE: TITLE/PRINTED NA ADDRESS: TELEPHONE NUMBER: ~''~ ~~t'' ~'~'~~ FAX: ~-'`~ `~ J ~L° `~ EMAIL G~ ~i~' ~~ =J~1C' CG!1 °- ~Te~e 7~1~!j • i~n•/"1 Bidders should not delete or change any items on the "Bid Breakdown" form. However, if a bidder believes that an item on the form is not being used, you should simply indicate N/A for that item. Bidders may add line items as necessary. The unit quantity breakdown is provided FOR INFORMATIONAL PURPOSES ONLY. Bidders shall rely on their own quantity take-offs in the development of their lump sum prices. Cost component of award will be based on the TOTAL LUMP SUM BASE BID AMOUNT plus Allowances, plus none, any or all Alternates which will be selected at the City's sole discretion and based on funding availability). Bidders must fully complete the Bid Breakdown Form to include quantities, units of measure, unit pricing, and totals. Should env bidder fail to fully complete this form the City will request that the omitted information be 17616-09/10 -Addendum 7 January 29, 2010 i 00600. 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 OAC ACTION CONSTRUCTIONS CORP., 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 2 CONTRACT TIME 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 one hundred eighty (180) calendar days from the issuance of the second 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 One-Thousand Four Hundred Dollars ($1,400.00) 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 six hundred fifty ($650.00) for each calendar day after the time 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 beneficial 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 City 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. ARTICLE 3 THE CONTRACT SUM (] This is a Unit Price Contract:* 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 definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. (X ] 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 4.1 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. 4.3 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. 4.3.2 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 Certificate 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 Certificate 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 identified 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 Contract 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 Entity 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 submit 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. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. 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 Party Beneficiaries Neither Contractor nor City intends 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: Charles Carreno. CIP Director Capital Improvements Proiects (CIP) Office 777 17t Street, 3' Floor Miami Beach Florida 33139 With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Mr. Osvaldo Cruz, President OAC Action Construction Corp. 12540 S.W. 130th Street, Ste. 3 Miami, Florida 33186 Phone: 305-256-6655 Fax: 305- Email: ozzie(a~oacconstruction.com 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 Contractor's 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 the 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. 6.9 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 A~alicable 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 civil litigation 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 Agreements 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 modification, 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 EST: THE CITY OF MIAMI BEACH City Clerk a r Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: Contractor ,,~o By: .(Secretary) (Corporate Seal) f [If not incorporated sign below.] WITNESSES: Contractor By: (Name of Firm) (Signature) (Print Name and Title) day of , 20_ CITY REQUIRES THREE (3) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & Fr1N EXECUTION ~ ,~ ~~ Glt orney (_ ate C~ day of u~~ , 20_x. 00708. FORM CERTIFICATE OF INSURANCE