Contract with Trans Florida Development Corp. 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 Trans Florida Development Corp..
hereinafter referred to as Contractor.
W-1 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
Exhibit 1 attached hereto and related thereto for the Project.
. ARTICLE '2
CONTRACT TIME
2.1 Contractor shall -be instructed to' the Work by written instructions in 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 Jo: 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)
y
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 and sixty (160) 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 one - thousand four hundred dollars ($1,400.00) for each calendar
day after the time specified in Section 2.2 above, plus any approved extensions, for
fi 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 Iiquidated 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 i . ncurred by Consultant and agreed to by City.
ARTICLE 3
THECONTRACT 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 shalt 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 Work described in the .Contract
Documents, the total price stated as awarded.
12 Payment shall be at the lump sum price stated in. the Contract. This price shall be full
compensation fot 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 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. b City until
=
y.. y u
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 .red'uction shall be in writing* in a separate stand
alone document.
43 City may withhold, in whole or in past, 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 Claimsfiled or reasonable evidence indicating probable filing. of claims by other
parties against Contractor or City because of Contractor's - performance'.
4.13 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 -built drawings,; and .final
bill of materials, if. required, and invoice.
5.3 If, after the Work has been substantially completed, full -completion thereof is materially
delayed throughl 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 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 fora
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. An
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
Procurement Division
1700 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
Trans Florida Development Corporation
13960 SlN 144 Avenue Road
Miami, Florida 33186
Attn: Aquilino Mello
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, educations or
a combination thereof, to. adequately and competently perform the duties, obligations,
r 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 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
t ; 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, I 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 An accordance
with Section 6.11 above..
IN WITNESS WHEREOF, the. parties have set their hands and seals the day and year
first above written.
AT I M v T :
THE CITY OF MIA I B CH
��.�/
City Clerk M
Contractor MUST EXECUTE THIS CONTRACT AS INDICATED' BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS�APPLICABLE..
[If incorporated sign below.]
Contractor
ATT 'S Z4 N- � �
(Name of Corporation)
1( cretar) gn ure)
r
V
�Co� al)�� nt Name and Title)
y
day of 20.
notancorp'orated sign below.]
Contractor
WITNESSES:
(Name of, Firm)
r
B y:
g. ture)
(Print Name and Title
day of 20
CITY REQUIRES FOUR (4) FULLY- EXECUTED. CONTRACTS, FOR DISTRIBUTION:
APPROVED AS TO
FORM & LANGUAGE.
& FOR EXECUTION
City A ney, Date
t
Exhibit 1
Value Engineered Terms and Conditions
The following terms represent the result of value engineering discussions between, the City -and
Contractor to reduce the time and cost -of the Project and do not subject the City to any
additional costs or risks.
1.1 :Major Risk Items
1.1.1 Risk 1: The accuracy of existing, utility data on plans.
Plan to . minimize: Contractor must identify all utility locations 'related 'to the
- Project in sequence with the proposed construction: :once the second Notice To
Proceed .is. issued by the City. Once. areas are identified, Contractor must
perform visual inspections and walkthroughs to identify any and all discrepancies
between its field findings and the' Project's, plans and :specifications with the
- appropriate utility owner.
1.1:2 Risk 2: Florida Power &Light (FPL) delays indentifying, approving, and preparing
service point locations for tie -in by electrical subcontractor
Plan to minimize: Contractor must request all service points for lighting system at
: the beginning of the project from FPL.
1.1.3 Risk 3: Existing gas or gas service lines are ' too shallow where major grade
reconstruction will occur.
Plan to minimize: Contractor must coordinate with the~ utility providers to identify
areas that "could force the relocation of mains and services deeper, along with
proper cover depths, in efforts to avoid accidents once road reconstruction
operations commence.
1,1.4 Risk 4: Delays authorizing. any deviations from plans due to unforeseen existing
conditions.
Plan to minimize: Engineer of Record shall. have an authorized on -site
representative to make field decisions and alterations as required.
1 .2.1. Add'ed.Values to Project
1.2.1 Driveways Aprons — Contractor will document. existing conditions and will
guaranty that all damages caused by the construction activity will be corrected at
no cost to the City. Additionally; the Contractor will maintain access to all
driveways at all-time. :
1.2.2 Dust.Control — Contractor will maintain and control dust at..all times:.,
1..2.3 Maintenance of Traffic - Contractor will coordinate. all deliveries to the site in
order to avoid conflicts with local residents.
1.2.4 Bridge Weight Restriction Limits —.Contractor must adhere to all Florida legal
loads weight restriction limits applicable to the ' bridge between the MacArthur
.'Causeway and East and West Drives. Contractor must supervise its incoming
and outgoing trucks and maintain clear and accurate records as to the weights of
each load. Any load within 15% of the bridge's weight restriction for the specified .
capacity will be , rejected. The Contractor shall need to reduce the load's weight
' prior to crossing bridge.
12.5 Static/Vibrating Roller — . Contractor will evaluate the use of a vibrating and /or
static roller in order to assure that no damage occurs to adjacent structures.
00708. FORM CERTIFICATE OF INSURANCE
A form Certificate of Insurance will. be attached here.
q
BID NO: 43 -09/10 CITYOF MIAMI BEACH
DATE: October 25, 2010 79
DATE (MM /DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE OP ID ML 12/14/10
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 certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 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 NAME:
PHONE
BROWN & BROWN —HBA DIVISION
Arc, No, Ext :
2500 NW 79TH AVE, SUITE 101 ADDRESS:
MIAMI FL 33122 CUSTOMERID #: TRANSI7
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED INSURER A: Travelers Indemnity Of America 25666
Trans Florida Development Corp INSURER 8: Charter Oak Fire Insurance Co.
13960 Sw 144Th Avenue Road
Miami FL 33186 INSURER C: 'Travelers Property Casualty Co
INSURER D: Bridgefield Employers Ins. Co.
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 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER
(MM /DD /YYYY) (MM /DD /YYYY) LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $1,000,000
A X COMMERCIAL GENERAL LIABILITY DTCO1229R5 TIA10 05/22/10 05/22/.11 PREMISES (Ea occurrence) $ 300,000
CLAIMS -MADE . ❑ .00CUR MED EXP (Any one person) s5,000
X - PERSONAL & ADV INJURY $1,000,000
GENERALAGGREGATE s2,000, 000
GEN'L AGGREGATE LIMIT APPLIES PER: r / 61 10 PRODUCTS - COMP /OP AGG s2,000,000
POLICY X PRO LOC - ` $
JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
B :X ANY AUTO . DT8101229R53ACOF10 05/22/10 05/22/11 (Ea accident) $ 1,000 ' 000
BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS X PROPERTY DAMAGE
X HIRED AUTOS (Per accident) $
X NON -OWNED AUTOS $
C UMBRELLA LIAB X1 OCCUR DTCUP1229R53ATIL10 05/22/10 05/22/11 EACH OCCURRENCE s4,000,000
EXCESS LIAB CLAIMS -MADE AGGREGATE ;$ 4,000,000.
DEDUCTIBLE $
X RETENTION $ 10 $
D WORKERS COMPENSATION 083045058 05/22/10 05/22/11 X WCSTATU OTH-
AND EMPLOYERS'. LIABILITY Y / N TORY LIMITS ER
ANY PROPRIETOR /PARTNER /EXECUTIV E.L. EACH ACCIDENT $ 50<7 , 000
OFFICER /MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE s500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS f LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
JOB Rite of Way Infrastructure, Improvement Program,Neighborhood 13 A, Star
Island
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS.
'Procurement Division
Kenneth Patterson AUTHORIZED REPRESENTATIVE
1700 Convention Way
Miami Beach FL 33139
ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
HOLDER CODE TRANSIT° PAGE 2
I INSURED S NAME Trans Florida Development,.Corp OP ID ML '' DATE 12/14;/10
GL Other Type Ins: - CONSTRUCTION PAYROLL $2,794,150 - COMPOSITE RATE
a ,
5
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_ BBND NB. 105
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We lopme Corp. ' '' a s Pri ncipal,
Trans Florida Deve nt C
of America.
hereinafter called Contractor and Travelers Casualty and, Surety Compa )bs Surety, are ('found
to the �. City of Miami Beach,. Florida, as Obligee, hereinafter .called City, in. Ah amount of
Six Hundred Ninety,Six Thousand
696 88.7.45.. .
Eight Hundred Eigh seven and Dollars ($ ),for the payment whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, .successors and .assigns,
jointly and severally.
WHEREAS; Contractor has by written agreement entered into a Contract, Bid /Contract
No.: 43 09 /1 0 ; awarded the day of 20 with City
which Contract 'Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified; and for the
purposes of this Bond are hereafter referred to as the "Contract "; ,
THE CONDITION OF THIS BOND is that if Contractor:
1... Performs the Contract between Contractor . and City for `construction of
ROW Infrastructure.Impro ement Prog am Neighborhood .
Nh_ ��a S Far T�and th Contract b ei n g m a ..
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
-. -2. Pas City all .losses, liquidated dams es ex enses,- costs and --attor'
ne s fees includin
Y Y 4 9 P Y .9.
appi Ila #e proceedings; fhat,City sustains as a result of .default by Contractor under the
Contract; and
3.. Performs the g uarantee of all "work and materials furnished under the Contract'for the
time specified 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: 43- 09110 CITYOF MIAMI BEACH
DATE: October 25, 2010 80
FORM OF PERFORMANCE BOND (Continued)
' or Contracts of completion arranged under this a r a .
P 9 ' p ) sufficient funds .to .
pay the cost of completion less ft 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 they Contract and °any amendments
thereto, less the amount properly paid by City to Contractor.
- No right of action;shall accrue on this bond.to .or for the` use - of any person or corporation
other than. City `named herein.
The Surety hereby waives notice of- and agrees.. that- any changes in or under the
Contract Documents and compliance or noncompliance any formal {ties` connected
with the Contract or the changes does not affect Surety's obligation under this Bond.
ned and sealed this: day of i✓!�✓ , 20� _
Trans Florida Development Corp..
W N S ES:
f ri
(Narrme of Corporafilon)
44 VY
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. ...,. - ig t re}
B y:
( I r? ,- . E SEAL}
` Pmt Name and Title }
N THE PR �' NCE.OF: INSURA CO11t(PAW
Travel�rs asu lty a pant' or America'
Oa By. Y
caiBand tt rn in -Fact
• Ni
�- AddreSS: One Tow er Square
(Street).
Hartford, CT 06183
lSfiate
- (C ,
i /Zi
- ty P Code
: ..Telephone No.:" 860-277-0111
" BID NO: 43 -09110 CITYOF MIAMI BEACH
DATE: October 25 , 2010 81
ND. 1W 517;.380
00720. FORM OF PAYMENT BOND
: HIS rp ;
.Trans Florida Development Co
BY T � BOND, We as Principal,
m ica
Travelers Casualty and Surety Compan
o America
hereinafter called Contractor, and ,as Surety, are bound
t . th Cit o ,Mi mi Be h Florida, as Obligee, hereinafter called City, in' the amount of
pp f a a
Six Hund�d Ninet Six. T o�sand
y
ht Hundred Eighty. Seven and 45/1 696,887..45
Ei ,
g bollars ($ ) for the payment 'whereof.. .
Contractor and Surety bind themselves,` their heirs, executors; administrators, successors and
assigns, jointly -and severally.
VVHEREAS, .Contractor has by written agreement. entered into a Contract,. Bid /Contract
43- 0 "
No.: , awarded the day of , 20 , with City•
which Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract ";
THE CONDITION OF:THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains" because of default by Contractor. under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255:05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the .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 claimanf, except a laborer, who is not in` privity-with-Contractor and who has
not received payment for its labor, materials,.or supplies shall, within forty -five
(45) days. after beginning to furnish - labor, materials, or .supplies for the
prosecution of the work, furnish to Contractor a notice that he intends to look
to the bond for Protection.
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: 43 -09110 CITYOF MIAMI BEACH
:
82
DATE: October 25, 2010 :`
2.4. Any action under this Bond must b ' instituted in accordance with the Notice
and Time Limitations provisions, prescribed in Section 255.Q5(2), ..Florida
Statutes:
The Surety hereby waives notice of - and agrees , that any changes in or under the.:
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes does not affect the Surety's obligation under this Bond.
Signed and sealed this �_ , f f day of _ - /'�?��/� 20�_.
Contractor
Trans.Florida Development Corp..
TTEST:
(Name of Corporation)
arY} i
t Z7
— , _W orate, &Peal Pri Name a Title
_ �.. day of 0 20
CE OF: INSURA OMPANY:
Traveler Casual y a.tnd-'59u&e of . America-
Ag an A# Erne iri-Fact
Charles J. Nielson
One Tower Square
Address: 9
(Street)
Ha
_ r t f ord, CT .06183
(City /State /Zip Code)
Teleph o ne No 860 0111
°f
_ -.
:. .. . _ 277
BID NO: 43- 09/'10. CITYOF MIAMI BEACH
DATE: October 25, 2010 83 ;
00721': CERTIFICATE AS -TO CORPORATE PRINCIPAL
(, ( rtify that 1 am the Secretary
ce .
the . corporation named. as Principal ir' the f regoing Performance and, Payment Bond
(Performance Bond and. Payment Bond); that L -who signed the
-Bond(s) on behalf of the Principal-, was then VK `Lzo 6 t -of said corporation; that l know,
his /her signature; and his /her signature thereto is. genuine; and that said Bond(s) (were)
duly signed, sea��e�d and attteste to on behalf of said corporation by authority, of its governing
���` � . ��� •••w, .. ""*� �,d'� jar
• (SEAL)
ecr_etary {on beha of
`Corporation
STATE OF FLORIDA )
SS
COUNTY'OF MIAMI -DADS ).
}
Before me, a Notary, Public- duly commissioned, - qualified and acting personally,
Charles J.:, Nielson to me well known; `who being b me
appeared � Y .
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 d
My commission expires:
N
ota ic, State of Florida at Large.
January 4; 2013 Gicelyle, Pajon
JL ® �� f iversal Surety of Americ
�$
B o nd e d by un
b
e
• q U a a y ��o a�
®o, � • °° �
BID NO:-43-0 CITYOF MIAMI BEACH
84
DATE: October 25, 2010
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAV ELEPS J Farmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Insurance Company
Attorney -In Fact Noy Certificate No. ' 0036 6 1868
222181
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws - of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
Charles D. Nielson, Charles J. Nielson; Mary C. Aceves, David R. Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley
of the City of Miami T akPC State of Florida their true and lawful Attorney(s) -in -Fact,
each in their separate capacity if more than one is, named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of,,guaranteeing the fidelity of persons,. guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permttted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and th6fAcorporate seals to be hereto affixed, this 13th
day of May 2010
Farmington. Casualty Company ' St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company -' Travelers Casualty, and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company.
St. Paul Guardian Insurance Company
aWn�m u �lrt4 f G►.suq� TY F1PE S kp�� �1� N � ,ro••• ++ GMs a J P�•TY A�yO tTYA - 4b
J `� : ........ �pYY .�•(!
�? O�+q•ff lea �� C PORq >F�� W�'GORPORgl t^ s u G9 io
19 82 O 19� O " c� : i ^' 3 f i •• P e a HARTFORD,. i �' HRRTFOFA N � 1i41ED
.1951 ' . _ ov �d:SE ALa JW ' �' SEAL:;3 ' CONN, o I CONM.) 1896
a da 4F w +a t i ti•� � l
"*
rrunnrm��e� "�
State of Connecticut By:
' City of Hartford ss. Georg Thompson, or ice President
On this the 13th day of May 2010 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty. Insurance Underwriters,
Inc.; St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance. Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being .authorized so to do,
executed the foregoing instrument for the purposes therein contained.by signing on behalf of the corporations by himself as a duly authorized officer. i-
In Witness Whereof I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011. �OtIB Marie C. Tetreault,,'Notary Public
co
58440 -4 -09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, 'the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident.Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity' and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies;; which is in full farce `and" effect and has not been revoked.
4
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Coriipanies this day of 20 —
Kori M. Johans Assistant Secretary
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I
To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
v
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER