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ROW Infrastructure Improvements Bid i 00408. SCHEDULE OF PRICES BID -- UNITPRICE BID CITY OF MIAMI BEACH ITB No. 25 -09/10 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD #9C (LINCOLN ROAD) Our TOTAL LUMP SUM BASE BID AMOUNT includes the total cost for the work specified in this bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization', demobilization, overhead and profit, insurance, permits and taxes to complete the Work to. the full intent as shown or indicated in the Contract Documents. Y COMPANY NA ME: j ITEM NO. DESCRIPTION TOTAL Division 1 — General Conditions 0 Division 2 — Sitework $ r 7 5& 06 Division 16 — Electrical $ D; TOTAL LUMP SUM BASE BID AMOUNT Written: Q Ni I LU00 Odd 4-1J 001'7_ ''� 1 ��' �� ✓�� 'I �arl�� (UFO -P Ijc �' I 12 Dollars and I v� �' Cents. 2. Allowance Allowance , for permit fees, for the (Base Bid) price of: $5400.00 3. Indemnification For consideration for indemnification for the lump sum of: $ 25.00 GRAND TOTAL LUMP SUM BID AMOUNT ITEMS 1 -3 Written: 0 4� - r A It�10N- Mk 4 l A I R l t = 1 r 1 01t 4 `�1 wv1Dtjq yt 4&1 09r2,j5t� F) T Dollars and� �L� �I v Cents. 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. BID NO: 25- 09110 DATE: 8/2012010 CITY OF MIAMI BEACH 48 BIDDERS ARE REMINDED TO FULLY COMPLETE THE BID BREAKDOWN FORM TO INCLUDE QUANTITIES, UNITS OF MEASURE, UNIT PRICING, AND TOTALS IN ORDER FOR YOUR BID SUBMISSION TO BE . DEEMED RESPONSIVE. NON- RESPONSIVE BIDS WILL BE DISQUALIFIED FROM CONSIDERATION. FOR AWARD OF CONTRACT. _Bidder's affirmation: FIRM'S NAME (Print or Type): C( �X� SIGNATURE: ' TITLE /PRINTED NAME: Lc �e- ADDRESS: 2-L�. TJI�CJ rC`� �3U1g TELEPHONE NUMBER: g 2-1 ( C?2 I& _ FAX:, (3 000 E 0 e t✓ v 0 Ir1/1 V t n r 1'uL+--; . BID NO: 25 -09110 DATE: 8/20/2010 CITY OF MIAMI BEACH 49 00408: SCHEDULE OF PRICES BID CITY OF MIAMI BEACH ITB # 25- 09/10 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER NEIGHBORHOOD #9C (LINCOLN ROAD) UNIT PRICE BID BREAKDOWN — EXCEL FILE ATTACHMENT Bidders are requested to provide a Unit Price Bid Breakdown in addition to the Lump Sum Bid Form. The unit quantity breakdown is provided for informational purposes only. Bidders shall rely on their own quantity take -offs in th development of their lump sum prices. Cost component of award will be based on the Grand Total Bid Amount (Lump Sum Base Bid plus none, any or all Alternates which will be , selected at City's sole discretion). Bidders must fully complete the Bid Breakdown Form to include. quantities, units of measure, unit pricing, and totals in order for the bid submission to be deemed responsive. Non- responsive bid will be disqualified from consideration for award of contract. Bidders should not delete or change any items on the "Unit Price Bid Breakdown" forma 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. Should any bidder fail to fully complete this form, the City will request-that the omitted information be provided within five (5) calendar days upon request from the City. Failure to provide the City with the omitted information within five (5) calendar days after the bidder has received the request from the City may result in your bid being deemed non- responsive and disqualified from further consideration. THE CITY WILL NOT ACCEPT ANY REVISION TO THE, TOTAL BID AMOUNT, BASE LUMP SUMGRAND TOTAL BID AMOUNT, DIVISIONS, LINE ITEM TOTALS, AFTER THE DEADLINE FOR RECEIPT OF BIDS." ' r BID NO: 25 -09/10 DATE: 8/20/2010 CITY OF MIAMI BEACH 50 BID BREAKDOWN NEIGHBORHOOD: No. 9 CITY CENTER PROJECT: CITY CENTER ROW INFRASTRUCTURE IMPROVEMENTS PROGRAM - BID PACKAGE 9C SUMMARY _ DIVISION 1 - GENERAL CONDITIONS:. $66,819.89 DIVISION 2 - SITEWORK $756,665.36 '. DIVISION 16 - ELECTRICAL $310,798.00 TOTAL BID AMOUNT: $1 ALLOWANCES: Permit Fees (Base Bid) 1 AL $ 5,400.00 $5,400.00 Consideration of Indemnification (Base Bid) 1 AL $ 25,00 $25.00 BID ITEMS: See Section 1025QUANTIl'YUNlT '.. ,IJ.NITPRIEST�sTA�'= Bid Item No. 1 - For the Procurement of the Services of a Public Information Liaison 1 LS s 30,000.00 $30,000.00 Bid Item No. 2 - For Providing Staging 6 PER MONTH s 250.00 $1,500.00 bt=SQR D V, s3��' ;?� rY xQIIANTI t I tUNrff _ ..ICS¢ ?OTAL kd , a. - : x;� 1 ".. + :. 1 � � �F _ . .. ilYi ,�, I�_.t�.. INFO -r � .�..�. �._ DIVISION 1- GENERAL CONDITIONS 1 BONDS AND INSURANCE 1 LS $ 8,913.04 $8,913.04 2 MOBILIZATION 1 LS $ 31,466.22 $31,466.22 3 GENERAL CONDITIONS 6 PER MONTH $ 500.00 $3,000.00 4 SURVEY AND LAYOUT SITE CONTROLS 1 LS $ 11,496.43 $11,496.43 5 MAINTENANCE OF TRAFFIC 6 PER.MONTH $ 1,990.70 $11,944.20 DIVISION 1 GENERAL CONDITIONS TOTAL: $66,819.89 DIVISION'2 - SITEWORK STORMWATER: EXISTING UTILITIES 6 SHEETING & DEWATERING 1 LS $ 4,651.60 $4,651.60 7 REMOVE EXISTING DRAINAGE STRUCTURE 1 EA $ 554.07 $554.07 8 MODIFY EXISTING DRAINAGE STRUCTURES" 2 EA $ 1,877.48 $3,754.96 9 ADJUST EXISTING MANHOLE RIMS 2 EA $ 244.75 $489.50 10 CONNECT TO EXISTING DRAINAGE PIPE 1 EA $ 505.02 $505.02 DRAINAGE STRUCTURES ' 1'1 INLET DITCH BOTTOM TYPE C W1 FRAME AND GRATE 1 EA $ 3,191.67 $3,191.67 O y i sSUBTOTALSTRMWAER � 'fi ����.F,�:�.,",+'���•'�... =�s.- Y '� r�ca2�::,. '.:. .. a:�si s..?.f uss_ �. ,..-s ..� , .1 .. _ �t.. U. � , , •,.... As, a.. �.. .rte.,.- c,•_. ,.. .,. .. WATER: EXISTING UTILITIES 12 REMOVE EXISTING FIRE HYDRANT ASSEMBLY 1 EA $ 1,021.65 $1,021.65 13 RELOCATE. EXISTING VALVE BOXES 3 EA $ 1,038.34 $3115.02 14 RELOCATE EXISTING PULLBOXES 8 EA $ 650.00 $5,200.00 WATER IMPROVEMENTS 15 FURNISH & INSTALL FIRE HYDRANT ASSEMBLY 1 EA $ 11,863.41 $11,863.41 16 ADJUST EXISTING WATER VALVE BOXES 5 EA $ 98.91 $494.55 .n - ,.,AF' `S✓,' _ �- a..k e ..? ,<r �, .r+ ..R t r. , 2x- , a "c,F .��e ° ..R•ra zr`'.:.+s.. ✓ Y'L<+, <SUBIT -, l7.TILIT1( WORK] WATER , � _ � $21,694z63 . STREETSCAPE: DEMOLITION 17 REMOVE ASPHALT PAVEMENT 962 SY $ 2.82 $2,712.84 . 18 REMOVE LIMEROCK BASE COURSE 962 SY $ 2.49 $2,395.38 19 REMOVE CONCRETE SIDEWALK 2832 SY $ 1.14 $3,228.48 20 REMOVE CONCRETE CURB 1300 LF $ 8.41 $10,933.00 ' 21 MILLING OF EXISTING PAVEMENT 2 -IN AVG. DEPTH 3174 SY $ 3.09 $9,807.66 22 TYPE' B'STABILIZATION (LBR 40::12 -1N THICK 257 SY $ 11.31 $2,906.67 23 LIMEROCK`BASE 12 =IN LIFTS, DOUBL'E'000RSE PRIMED 246 SY $ 23.85 $5,867.10 24 CONCRETE SLAB PAVEMENT 8 -IN THICK 187 SY $ 102.17 $19,105.79 25 BLACK -GRAY UNIT PAVERS CROSSWALK & MEDIAN 1451 SF $ 24.96 $36,216.96 26 WHITE UNIT PAVERS CROSSWALK & MEDIAN 1078 SF $ 29.88 $32,210.64 27 TYPE S -III ASPHALTIC CONCRETE PAVEMENT 2 -IN THICKNESS, 2 LIFTS 3374 SY $ 12.00 $40,488.00 28 LOOP ASSEMBLIES WITHIN CONCRETE COLLAR TYPE A 4 EA $ 1,275.00 $5,100.00 SIDEWALKS 29 BLACK -GRAY UNIT PAVERS 1263 SF $ 5.61 $7,085.43 30 WHITE UNIT PAVERS 948 SF $ 5.69 $5,394.12 31 CONCRETE SIDEWALK 4-IN THICKNESS W/ COLOR 2177 SY $ . 62:74 $136,584.98 32 FURNISH AND PLACE -WATER FILLED BARRICADES AND MERCHANT SIGNAGE 1 LS $ 2,112.56 $2,112.56 33 ADA RAMPS' 13 EA $ 313.95 $4,081.35 34 EXTEND ! RECONNECT EXISTING ROOF DRAIN 16 EA $ 728.80 $11,660.80 CURB AND GUTTER 35 CONCRETE CURB AND GUTTER TYPE F 1295 LF $ 25.07 $32,465.65 36' CONCRETE CURB TYPE D 896 LF $ 15.54 $13,923.84 MISCELLANEOUS 37 INSTALL PERVIOUS AGGREGATE TREE WELL TREATMENT 41 EA $ 3,645.95 $149,483.95 38 FURNISH & INSTALL TRASH RECEPTACLES 6 EA $ 1,500.00 $9,000.00 39 INSTALL STEEL BENCH FURNISHED BY OTHERS 1 EA $ 210.33 $210.33 40 REMOVE EXISTING PARKING METERS retumed to CMB Parkin Dept.) 4 EA $ 57.54 $230.16 SIGNAGE AND PAVEMENT MARKINGS ITEMIZE BY TYPE 41 FURNISH & INSTALL NEW STREET SIGN 27 EA $ 235.00 $6,345.00 42 REMOVE & REINSTALL EXISTING SIGNS 1 EA $ 100.00 $100.00 43 REMOVE EXISTING SIGNS 14 EA $ 15.00 $210.00 44 FURNISH & INSTALL 6" THERMOPLASTIC SOLID 1287 LF $ 0.55 $707.85 45 FURNISH & INSTALL 6" THERMOPLASTIC DOUBLE YELLOW SOLID 75 LF $ 1.10 $82.50 46 FURNISH & INSTALL 6 THERMOPLASTIC 10' SKIP 30' 550 LF $ 0.55 $302.50 47 FURNISH & INSTALL 6" THERMOPLASTIC 2' SKIP 4' 80 LF $ 0.55 $44.00 48 FURNISH & INSTALL 6" THERMOPLASTIC PARKING 'T" 50 EA $ 0.55 $27.50 49 FURNISH & INSTALL 18" THERMOPLASTIC SOLID 98 LF $ 2.10 $205.80 50 FURNISH & INSTALL 24" THERMOPLASTIC STOP BARS 112 LF $ 2.50 $280.00 51 FURNISH & INSTALL THERMOPLASTIC DIRECTIONAL ARROW 8 EA $ 55.00 $440.00 52 FURNISH & INSTALL REFLECTIVE PAVEMENT MARKERS RPM 34 EA $ 3.50 $119.00 LANDSCAPE & IRRIGATION DEMOLITION 53 CLEAR AND GRUB LANDSCAPED AREAS 114 SY $ 10.60 $1 208.40 LANDSCAPING 54 RELOCATE EXISTING DATE PALM TREES PHOENIX DACTYLIFERIA 10 EA $ _1,154.11 $11,541.10 55 RELOCATE EXISTING PALM TREES OFF SITE 9 EA $ 1,154.11 $10,386.99 56' DATE PALM °TREES PHOENIX DACTYLIFERIA)',e 10 EA $ 6,373.53 $63,735.30 57 BRIDAL VEIL TREES CAESALPINIA GRANADILLO -.12` GW 14 EA $ 587.39 $8,223.46 58 VERA WOOD BULNESIA ARBOREA 8 EA $ 587.39 $4,699.12 59 FLORIDA THATCH PALM HRINAX RADIATA 40 EA $ 797.81 $31,912.40 60 TRAILING LANTANA LANTANA MONTEVIDENSIS - 3 GALLON 400 EA $ 9.79 $3,916.00 61 COONTIE ZAMIA PUMILA - 3 GALLON 190 EA $ 21.74 $4,130.60 62 BROMELIAD AECHMIA BLANCHEITIANA - 15 GALLON 40 EA $ 41.73 $1,669.20 63 TOPS 'MIX :. 140' SY $ 16.44 $2,301.60 IRRIGATION 64 WATER MAIN TAP W/ METER, METER BOXES, BACKFLOW PREVENTERS 1 EA $ 7,263.65• $7,263.65 65 IRRInet M SCORPIO DC WITH RADIO KIT COMPLETE PACKAGE T EA $ 5,950.00 $5,950.00 66 SPECIAL CONDUIT FOR BI -WIRE 1 LS $ 1,500.00 $1,500.00 67 LIGHTNING ARRESTORS 2 EA $ 150.00 $300.00 68 MOISTURE SENSORS 2 EA $ 150.00 $300.00 69 1/2" PVC IRRIGATION LINE 918 LF $ 0.75 $688.50 70 3/4" PVC IRRIGATION LINE 981 LF $ 0.75 $735.75 71 1" PVC IRRIGATION LINE 214 LF $ 1.00 $214.00 72 1 -1/2" PVC IRRIGATION LINE 446 LF $ 3.00 $1,338.00 73 4" PVC SLEEVE 80 LF $ 5.00 $400.00 74 SHRUB IRRIGATION DRIP LINE 2170 SF $ 2.00 $4,340.00 75 TREE]RRIGATION` DRIP LINE INSIDEHTFS 30 EA $ 100.00 $3,000.00 ., �{ ,,r.,u, u 9 GAP i { ±.:,_�;, �.s �. �SUBOaT /ALSaT,REETS DIVISION.2 - SITEWORK TOTAL $766,665.96 DIVISION 16 - ELECTRICAL LIGHTING / ELECTRICAL 76 ELECTRICAL SERVICE 1 EA' $ 3,500.00 $3,500.00 77 DISTRIBUTION PANEL, CONTACTORS, PHOTOCELLS 1 EA $ 3,500.00 $3,500.00 78 CONTROL CABINET 1 EA $ 4,000.00 $4,000.00 79 CONDUIT AND WIRE 2214 LF $ 7.00 $15,498.00 80 ELECTRICAL PULLBOXES 8 EA s 250.00 $2,000.00 81 LANDSCAPE UPLIGHTING 98 EA $ 1 ,950.00 $191,100.00 82 REMOVE AND REPLACE EXISTING POULSEN SATELLITE FIXTURE AND POLE 19 EA $ 4,800.00 $91,200.00 DIVISION 16 - ELECTRICAL TOTAL: $310,796.00 Y• �5 . ; .: s a 9 1 ,34283 25 RAND�T� 0 ;4 4,.�� r�;��,<_� ,`- ."�i��� ", ��' z� �scT� ; !�'��.�"�..f��� „* ��.; ?„>;"? ���`k�...� °.�.:•- c;�,�- � �;�.:.._'��._..ax�..e..... �: : �.�. �. ,1�.�..� I 1 i 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 M. VILA & ASSOCIATES, 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: 3 ARTICLE .1 f SCOPE OF WORK The project shall include all build out work as shown in the construction documents. 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 120, calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in . accordance with Article 5 sixty (60) 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 dollars $1000.00 for each calendar day after the BID NO: 25 -09/10 CITY OF MIAMI BEACH DATE: 8/20/2010 66 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 One- thousand dollars ($1,000.00) 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- 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 - [X] 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. BID NO: 25 -09/10 CITY OF MIAMI BEACH DATE: 8/20/2010 67 ] 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, 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 (25) business the date which 'the payment request or invoice is stamped as received,. and approval by the Consultant of Contra_ ctor's Application for Payment and updated progress schedule. 4.2 Ten percent (10 %) of all monies earned by Contractor shall be retained by City until Final fifty percent (50 %) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5 %) of al'I 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: BID NO: 25- 09/10 CITY OF MIAMI BEACH DATE: 8/20/2010 68 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 th'is 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 built drawings; and the final bill of materials, if required, and invoice. —5.3. 1f, 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 fihe Contract, remake 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_ con_ stitute 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. BID NO: 25-09/10 CITY OF MIAMI BEACH . DATE: 8/20/2010' 69 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 o the convicted vend 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 Teases of real property to the . City, a not awarded or p erform work as a contractor, s u p plier, y, y p pp r, � .. subcontractor .or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provid 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. 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 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. BID NO:_ 25 -09/10 CITY OF MIAMI BEACH DATE: 8/2012010 70 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 Procurement Division 1.700 Convention Center.Drive Miami Beach, Florida 33139 Attn: Gus Lopez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor M. Vila & Associates, 12097 N.W: 98t" Avenue s . Hialeah, Florida 33018 Attn:. Miguel, Vila, Vice President 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 r or on behalf of City shall be comparable to the best local and national standards. BID NO: 25 -09/10 CITY.OF MIAMI BEACH c DATE: 8/20/2010 71 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 Applicable 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 r 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. BID NO-: 25 CITY OF MIAMI BEACH DATE: 8/20/2010 72 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST:. THE CITY OF MIAMI EACH Glut- • City Clerk a r CONTRACTOR MUST EXECUTE THIS CONTRACT.AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST; 3 O C-i 'l k C (Nam of Corporation) -� B �- (Secretary) : (Signature) (Corporate Seal) (Print Name and Title) day of (?.. 20 /0 [If not incorporated sign below.] Contractor 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 \PAMELA \ITB \ITB 25 -09 -10 CC9C Lincoln Road \Contract \00600.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ' City Attor Date 10 BID NO: 25-09/10 CITY OF MIAMI BEACH ., DATE: 8/20/2010 73 00708: " FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will:be attached here. BID NO: 25- 09/10. , DATE: 8/20/2010 CITY OF MIAMI BEACH 74 �., j-� DATE (MMIDDNM) CERTIFICATE OF. LIABILITY INSURANCE OPIDAI 12/15/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS .UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certi ficate holder is an ADDITIONAL INSURED, the pa )cy ies must be endorsed. I IS 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). PRODUCER _ CONTACT NAME: PHONE - BROWN & BROWN OF FLORIDA INC (A/C, No, Ext): - T AX , Ic No): E-MAIL 8000 GOVERNORS SQUARE BLVD 400 ADDRESS: MIAMI LAKES FL . 33016 -1588. PRODUCER CUSTOMER ID 0 MV ILA -1 Phone: 305- 364 Fax: 305-822-5687 INSURER(S) AFFORDING COVERAGE • NAIC# INSURED_ INSURER A: UMICa. MaRICM INSLMA310E CO 16535 M. Vila & Associates,' Inc 26247 INSURER B: AI�RICArt CUi�RA M x LIAP INS - 12097 NW 98th.Avenue Hialeah FL 33018 INSURER C. BRID=FIEW heLOYMS Ins CO 10701 - INSURER D: INSURER E: - INSURER F: - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - .. INSR - ADDL SUBR POLICY EFF - POLICY EXP - - LTR TYPEOFINSURANCE INSR - WVD POLICY NUMBER (MMIDDIYYYY) (MM7)DfYYYY) LIMITS GENERAL LIABILITY - EACH OCCURRENCE 5 1,000,000 DAMAGE TO RENTED - A X COMMERCIALGENERALLIABILITY GL0938316201, 03/18/10 07/01/11 PREMISES (ED occunence.) s 300,000 CLAIMS -MADE D OCCUR MED EXP (Any ona rwsw) $ 10,000 X. PERSONAL. &ADV INJURY $ 1,000,000 . - - GENERALAGGREGATE s2,000,000 . • GENT AGGREGATE LIMIT APPLIES PER - l /� 0 - PRODUCTS - COMRW AGO S 2,000,000 . PCILICY X PRO- LC7t: ` JECT Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT - (Eaaccidenl) $ 1000000 B X ' ANY AUTO BAP938316301 03/18/10 07/01/11 BODILY INJURY (PorPerson) $ ALL OWNED AUTOS. BODILY INJURY (Per accident) s SCHEDULED AUTOS X - - - PROPERTY DAMAGE • s X HIRED AUTOS .. (Per accident) X NON -OWNED AUTOS $ s B X UMBRELLA LIAB X OCCUR AUC925864103 03/18/10 07/01/11 EACH OCCURRENCE s 5,000,000 EXCESS LIAB - CLAIMS -MADE AGGREGATE $ 5,000,000. . DEDUCTIBLE 5. . - X RETENTION $ _ 0 - S C WORKERS COMPENSATION 0830 -39303 07/01/10 07/01/11 WCSTATU- X OTH- AND EMPLOYERS' LIABILITY Y I N TORY LIMITS ER ANY PROPRIETOR/PARTNEW'EXECUTTJE E.L. EACH ACCIDENT s 1,000,000 OFFICERfMEMBEREXCLUDED? j l_— ) l !A (Mandatory In NH) - � E.L. DISEASE - EA EMPLOYEE S 1,000,000 If Y&%, describe under - - - DESCRIPTION OF, OPERAT IONS below E.L. DISEASE POLICY LIMIT $ 1,000,000 A Equipment Floater CP0938316101 03/18/10 07/01/11 Per Item 600,000 Rented /Lease Equip DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 107, Additional Remarks Schedule, If more apace b required) - - INVITATION TO BID (ITB) NO. 25 -09/10 - FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM CITY CENTER #9C (LINCOLN ROAD) CITY OF MIAMI.BEACH IS AN ADDITIONAL INSURED,, WITH REGARD TO COMMERCIAL 'GENERAL LIABILITY AND AUTOMOBILE LIABILITY, WHEN REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY13 9 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWRHTHE POUCYPROVISIONS. CITY OF MIAMI.BEACH PROCUREMENT DIVISION AUTHORIZED REPRESENTATIVE 1700 CONVENTION CENTER DRIVE MIAMI BEACH FL 33139 O 1988 -2009 ACORD JORPORATION. All - rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ALTER SURETY GROUP JNC . Bond Department Public Works Bond in compliance with Florida Statute Chapter 255.05 Bond Number 5087486 Contractor M. Vila & Associates, Inc Address & 12097 N.W..98t Avenue Phone No. Hialeah Gardens, FL 33016 305 -821 -1226 Surety SureTec Insurance Company Address & 952 Echo Lane, Suite 450 Phone No. Houston, TX 77024 713- 812 -0800 Owner Name City of Miami Beach Address & 1700 Convention Center Drive Phone No. Miami Beach, FL, 33139 305 -673 -7490 Contract /Project Number ITB No. 25 -09/10 Project Name Right of Way Infrastructure Improvement Program City Center Neighborhood #9C (Lincoln Road) Project Location Lincoln Road between Washington Avenue and Collins Avenue _ within the City of Miami Beach Legal Description Same as above And .Street Address .Description of Work Construction of the Infrastructure Site Work flits 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. Bond Number D087 486 00710. LORM OF PERFORMANCE BOND. BY THIS BOND, We M. Vila u As.�ociates, Inc. , as Principal, heeeinafter called Contractor, and SureTec Insurance .Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Dollars 11171,20Sd`?5 f'or the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, - jointly and sev erally, *One Million One Hundred Seventy . One Thousand Two hundred Eight alld 25/100 Dollars WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract X30.: 25- J9 , awarded the 17th day of November , 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 "; i HE CONDITION OF THIS BOND is that if Contractor: Performs. the Contract between Contractor and City for construction of the Contract being shade a. part of this Bond by reference, at the times and i hl the manner rescribed in the. Contract; . and *: Right of Way Infrastructure mprov.ement Program City Center Neighborhood #9>` (Lincoln Re ad) f 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 31 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, P 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 25- ogilo DATE: 812012010 CITY of MIAMI BEACH 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 riaht of action shall accrue on this boy id 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 wlLh any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 10th day of December 20 10 BID No: 25 -09/10 DATE: 8/20/2010 CITY OF MIAMI BEACH 76 FORM OF PERFORMANCE BOND (Continued) WITNESSES: M. Vila & Associates, Inc. (Name of Corporation) Secretary B (Signature) (CORP(j' RATE SEAL) eft VUA 1 .4 (Print Name and Title) IN THE PRESENCE OF: INSURANCE CC ANY: SureTec Insura ce Company.* U 1 V 0 By: Agent and Attorney -in -Fact Warren .-M. Alter `'' -- Address: 952 Echo Lane, #450 (Street) Houston, X 770.24 (City /State /Zip•Code) Telephone No.: 713 -812-0800 BID No: 25-09110 DATE: 8/20/2010 CITY OF MIAMI BEACH 77 x . f y • • k,G » - A R . r- .a:'�t ,: -,:' s*•' - :.:,. ,: '.., ..�,., .,... ..x..... .. ;..._ .. .... .. .. .:: .:.. 1 " . .- � .,...': -.. . �.:: Vii' _ TT :. .. -' -.. .. 1� TT ttit PO fir" AT -Aj-RN,.E- C . II�C�UIt��i.�.E CflMI'�N�'� tl�e:: �:Cc�m : azt , :: � - a. e�ratton fitly :o��atitzed .and :.,. •�;> Ktavrux:�#tl.:.���tt „fi. �.Tft,�.s� r�t�, _T���.SUI��.. _. ,M .. .....: _ ..__ . 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'+: ,2: , ..r.. _ .. •,,. .. _ ': er } p� - - n�l carntsst€in ex,pzr�s �ua�t 2 tI1 ;I- �M�:.Brcnt:�l3cat - As�zstant Secret f:cif �1_J�T1:C INSI:tI2A�dCp- Ct)MP,�,1~1'Y' d€z;hereh :'ccrtrf' �at:tlie- ala��e:arzcl =teare ntn ,zs a true aid ec�rr�ct c� � me - `extGUt -b' - sard:::o }t�chi5�sttll�:zn:tull'f aria cfft:ct':and,fczrtlierrra�e` the'' resoluticzn�=' af- tlie I3rzardafD�rect€ars�st,.:..:� ttey. , cd Y , C mpany, :; ...: once _ - . ..,.. . .�-• _: r: but :i�a:th�= l?airer`c�t':Arnc :arrr:rr�xfull:�'czrcc:,azad effect . _._ :...::.. >� '- r , ., _ ..., . ::�; ; . ,. ; : ... - � :..1 Q t h ... _.: , '- .: -,. �► �- :10..> under�Y.,ihand and tide se�l t .�f.a.a,ici.�"o�mparty .fit �I€��istcin, Te.�.a.. l�. s , . day �f _ . ._: �: c,«a - -,�r , _ _:: , - ..._;:: -�. _ , ::... _: -: :�.. _. - -- . - :'::� ., ...� :.. ,... � -� .... . � : ::::: .M Breit e�tty •- ,r�as'[s ant: °�eeceta� - -Art �nsirum�nt' isszx�d in gxcess:nf matt .�tatt�c� abrrve tzat�ll ucid�and:r�ithoufan ,:vali dit car :,ver��ca�zart:af�ttre�r�t , .c►f thi�: ♦ y� nu a . :gall. i / Z1� 81���OQ <�ttt busrzesa: aut a cia .,�tw+een'B:Qt#'�arn:atsd rn it i it it t Y � • 007 FORME OF PAYMENT BOND Bond number , 548 7 486 BY THIS BOh1D, ate � . Vila & Associates, Inc. as Principal, hereinafter called Contractor , and 5ure`I'ec Insurance Company as Surety, are bound . to the City of Miami Beach, Flo_ rlda, as Obligee, hereinafter called City, in the amount of Dollars ($ 1,171,208, 5 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and *O ne Mill -ion One Hundred Seventy One Thousand assigns, jointly and severally, Two Hundred Fight . and 25/140 Dollars WHEREAS, Contractor has by written agreement entered into a Contract, Bid /Contract i o.: , awarded the t? day of November � 20 ;, , with City �"!,hich 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'; T11E CONDITION OF THIS BOND is that if Contractor 3 . 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 255.0,5(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: 21. A claimant, except a laborer, who is not in privity with Contractor and who has not received.. payment for its labor, materials, or supplies shalt, within forty -five (45) days after beginning to furnish labor, materials, 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 ninetyg0) 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. X610 rho: 25- 99110 D ATE: 81201201 U CITY of MIAMI BEACH 78 FORM OF PAYMENT BOND (Continued) 2.3. No action for. the labor, materials, or supplies may be instituted aginst 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 255.12) Florida Statutes.. The Surety _ hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or :oncornp!iance with any forma►.ities connected with the Contract or the changes does riot affect the Surety's obligation under this Bond. 1 Decefnbe s day of Signed and sealed this day 10 Contractor ATTEST: M . Vila & Associates, Inc. (Name of Corporation) 0� DVII a Secre #a ry) (Signature) wliilL c' � or - - —�— ,C�orate Seal { p ) (Print Name and .Title) da of (a'em 20 ,10 Y IN THE PRESENCE OF: INSURANCE PANY: SureTec Insuran e Cbmpany By: _Agent and Attorney -in -Fact Warren M. Alter Address: 9 52 Echo Lane, #450 (Street} Houston, TX 77024 (City /State /Zip Code) 7 -812 -0800 . Telephone No.: ,t BID NO: 25 -09110 DATE: 8/2D]2010 CITY OF MIAMI BEACH 79 OQ721. CERTIFICATE AS TO CORPORATE PRINCIPAL certify that l am the Secretary of the corporation named. as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that Cite U 1 -h , who signed the - Bond(s) on behalf of the Principal, was then of said corporation; that I know. his/her signature; and hisliier 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) Secretary (on behalf of) Corporation STATE OF- FLORIDA ) } SS COUNTY OF MIAMI -DADS ) Before me, a Notary . Public duly commissioned, qualified and acting personally, a eared Ho rT r Yt y1 f pp 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 ? `C day of -ems 20 1 . My commission expires: T otary Public, tat � of�� r c' Bonded by DAISY ESTHER QUINTERO XP MY COMMISSION # DD927827 EXPIRES: December 29 , 2013 I - 800 -3- NOTARY Fl. Notary Discount Assoc. Co., • ;,, BID No: 25 -09110 '.DATE: 8/20/2010 CITY OF MIAMI BEACH 80 9 10043 POA 4' ec.�; ompan SURA it cond a bin d pin pan y erfoll y. Y instruments. -so. exec si qf�a tan PA 'id bC Bparqof t ere WW MW Do IL -expires,: A rent rt. hi f:r­ A448ik, Teas hi Aa M . th