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ITB 173-2013TC-Reconstruction of Surface Parking Lots 12X and 17X
City of Miami Beach ITB Price Form The TOTAL BASE BID amount includes the all-inclusive 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. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response.Failure to do so shall deem the Bidder nonresponsive. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base bid shall govern. In the event of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern.In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. PROJECT: ITB 173-2013TC-Reconstruction of Surface Parking Lots 12X and 17X COMPANY NAME: Carivon Construction Company Section 1-Bid Proposal Division Summary Location 1: Location 2: Total for Parking Lot 12X Parking Lot 17X Locations 1&2 Division 1-General Conditions $ 36,605.00 $ 48,465.00 Division 2-Sitework $ 65,453.97 $ 205,439.00 Division 3-Landscaping $ 11,923.13 $ 18,027.00 Division 4-Lighting $ 53,219.90 $ 111,876.00 Division 5-Irrigation $ 9,415.00 $ 12,576.00 Numerical Total Base Bid($)1 $ 176,617.00 $ 396,383.00 $ 573,000.00 2 Five Hundred Seventy Three Thousand Dollars and Written Total Base Bid(dollars) Zero Cents Section 2-Bidder's Affirmation Company: Carivon Construction Company Address: 12171 SW 131 Avenue.Miami,Florida 33186 Telephone: 305-232-9024 Email: imunne @carivon.com Signatu re: Title/Printed Name: Vice President,Carlos Hernandez 1 Numerical totals should be written using numerical characters(e.g.,$1000.00). 2 Written totals should be spelled out(e.g.,one thousand dollars). FAILURE TO SUBMIT THIS FORM WITH BID WILL RESULT IN BEING DEEMED NONRESPONSIVE. I 12X Surface Parking Lot Addendum 2 The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete the Unit Price Bid Breakdown Form to include quantities, units of measure, unit pricing,and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. The General Conditions include certain"Allowance"items that have been delineated below.The Contract Unit Price for these allowance items shall be used only upon the City's discretion,as needed.In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. Should any bidder fail to submit this form fully completed,the City will request that the omitted information be provided within three(3)calendar days upon request from the City. Failure to provide the City with the omitted information within three (3) 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 BASE BID SUM, DIVISIONS,LINE ITEM TOTALS,OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. ITEM BIDDERS_ DIV. DESCRIPTION NO. QUANTITY - UNIT UNIT PRICE T TOTAL. Division 1-General Conditions 1 Bonds and Insurance 1 LS $ 41540.00 $ 4,540.00 2 Mobilization 1 LS $ 1,000.00 $ 1,000.00 3 General Conditions 1 LS $ 18,000.00 $ 18,000.00 4 Maintenance of Traffic(MOT) 1 LS $ 2,000.00 $ 2,000.00 5 Allowance:Permit Fees 1 LS $ 5,000.00 $ 5,000.00 6 Allowance:Tree Trimming 1 LS $ 2,000.00 $ 2,000.00 7 Allowance:Dewatering 1 LS $ 1,500.00 $ 1,500.00 8 Allowance:Water Meter Fees 1 LS $ 2,540.00 $ 2,540.00 9 Consideration for Indemnification of City 1 LS $ 25.00 1 25.00 Division 1-General Conditions Total: $ 36,605.00 Division 2-Sitework 10 Sitework/Demolition-Install Silt Fence 501 LF $ 4.00 $ 2,004.00 11 Plant Protection-Tree&Plant Protection 1 LS $ 1,950.00 $ 1,950.00 12 Plant Protection-Aluminum Landscaping Edging 330 LF $ 12.00 $ 3,960.00 13 Demolition Misc.-Demo.Unknown Conditions 1 LS 0.00 0.00 14 1 Demolition Sidewalk Concrete-Remove Concrete Sidewalks 900 SF $ 3.00 $ 2,700.00 15 IDernolition Paving,Base,Haul-Remove Existing Asphalt Pavement 61 SY $ 21.00 $ 1,276.38 16 1 Demolition Paving,Base,Haul-Excavate/Haul Base Offsite 20 CY $ 30.00 $ 607.80 17 Demolition Concrete Curbing-Remove D Curb 453 LF $ 2.00 $ 906.00 18 Demolition Concrete Curbing-Remove Curb and Gutter 500 SF $ 4.00 $ 2,000.00 19 Demolition Site Utility-Remove Storm Pipe 83 LF $ 8.00 $ 664.00 20 Demolition Site Utility-8"Storm Pipe Grout Fill 146 LF $ 19.00 $ 2,774.00 21 Demolition Site Utility-15"Storm Pipe grout fill 52 LF $ 21.00 $ 1,092.00 22 Demolition MH/CB/HD Wall-Remove Structure/Inlets/C.B.MH 5 EA $ 400.00 $ 2,000.00 23 Demolition MH/CB/HD Wall-Stormwater Manhole Grout Filled 2 EA $ 2,400.00 $ 4,800.00 24 Earthwork-Fine Grading 727 SF $ 3.00 $ 2,181.00 25 Saw Cut 750 LF $ 1.00 $ 750.00 26 Site Drainage-15"PVC Exfiltration 116 EA $ 23.00 $ 2,668.00 27 Storm MH/CB/Inlet-Core Existing C.B.&Connect 1 EA $ 400.00 $ 400.00 28 Storm MH/CB/Inlet-Replace Cover 1 EA $ 650.00 $ 650.00 29 Storm MH/CB/Inlet-Inlet 3 EA $ 850.00 $ 2,550.00 30 Paving&Surfacing-Milling Roadway(Milling&Clean-up) 913 SY $ 5.00• $ 4,564.45 31 Paving&Surfacing-Bituminous Prime Coat 92 GL $ 10.00 $ 918.60 32 Paving&Surfacing-Tack Coat 46 GL $ 8.00 $ 367.44 33 Paving&Surfacing-2-1/2"Asphalt/TN 114 TN $ 40.00 $ 4,564.40 34 Paving&Surfacing-2"Asphalt/TN 1 TN $ 40.00 $ 22.80 35 Paving&Surfacing-8"Limerock Base 6 SY $ 35.00 $ 198.45 36 Paving&Surfacing-Grade/Compact Base 6 SY $ 45.00 $ 255.15 37 Paving&Surfacing-12"Stab.Subgrade 6 SY $ 50.00 $ 283.50 38 Paving&Surfacing-12"Stab.Subgrade @ sidewalks 41 SY $ 50.00 $ 2,028.00 39 Paving&Surfacing-Traffic Stops/Stripes 23 LF $ 40.00 $ 920.00 40 Paving&Surfacing-4"PT.PK'G Stripe 1 EA $ 50.00 $ 50.00 41 Paving&Surfacing-6 PT. PK G Stripe 17 EA $ 50.00 $ 850.00 42 Paving&Surfacing-Line Safety Area 242 SF $ 4.00 $ 968.00 43 Paving&Surfacing-H/C Sign Logo 1 EA $ 150.00 $ 150.00 44 Paving&Surfacing-HC.Stripe @ Isl.6"Blue 7x18' 95 LF $ 4.00 $ 380.00 45 Paving&Surfacing-Signs 2 EA $ 250.00 $ 500.00 46 Paving&Surfacing-Stop Signs w/Reflectors 1 EA $ 250.00 $ 250.00 47 Paving Specialties-Tactile Warning 20 SF $ 35.00 $ 700.00 48 Curbs&Gutters-Type 6"D Curb 444 LF $ 15.00 $ 6,660.00 49 Curbs&Gutters-2.5'Curb&Gutter 300 LF $ 9.00 $ 2,700.00 50 Walks/Apron/Ramps-4"Concrete Sidewalk w/TE 365 SF $ 6.00 $ 2,190.00 Division 2-Sitework Total: $ 65,453.97 Division 3-Landscaping. 51 Macho Fern 1,047 EA $ 5.00 $ 5,235.00 52 Green Island Ficus 222 EA $ 7.00 $ 1,554.00 53 Xanadu Philadendra 19 EA $ 14.00 $ 266.00 54 Mulch 6 CY $ 55.00 $ 302.50 55 Topsoil 6" 13 CY $ 28.00 $ 376.88 56 St.Augustine 727 SF $ 1.25 $ 908.75 57 24"deep polypropylene root barriers including root trimming 410 LF $ 8.00 $ 3,280.00 Division 3-Landscaping Total: $ 11,923.13 Division 4-Lighting 58 Electrical-Electrical General Conditions 1 LS $ 2,500.00 $ 2,500.00 59 Electrical-24x13 Pullbox 1 EA $ 175.00 $ 175.00 60 Electrical-Prestressed Pole 1 Ea $ 2,300.00 $ 2,300.00 61 Electrical-5x5 Concrete Maintenance Pad 25 SF $ 170.00 $ 4,250.00 62 Electrical-Meter Center 1 EA $ 610.00 $ 610.00 63 Selective Electrical Demolition-Demo lighting Poles 2 EA $ 340.00 $ 680.00 64 Selective Electrical Demolition-Remove Underground Wire&Conduit 160 LF $ 14.00 $ 2,240.00 65 Conduit-3/4"PVC in ductbank 300 LF $ 2.00 $ 600.00 66 Conduit-1-1/4"Grs W/Hgrs 100 LF $ 59.00 $ 5,900.00 67 Conductors&Cable-#10 Copper Wire 600 LF $ 1.75 $ 1,050.00 68 Conductors&Cable-#1 Copper Wire 200 LF $ 3.50 $ 700.00 69 Wiring Devices-Recepticle,DPX,GFI,20A,WP 3 EA $ 200.00 $ 600.00 70 TVSS.-Surge Protective Device(Spd) 1 EA $ 2,850.00 $ 2,850.00 71 Panel Boards(Commercial Use)-100A,120/240V, 1 phase,3w,Mcb Pb 1 EA $ 2,500.00 $ 2,500.00 72 Panel Boards(Commercial Use)-Photocell(Pnl Mntd) 1 EA $ 68.90 $ 68.90 73 Panel Boards(Commercial Use)-Lighting Contactor 1 EA $ 745.00 $ 745.00 74 Panel Boards(Commercial Use)-Enclosure,SS,N4 1 EA $ 1,750.00 $ 1,750.00 75 Grounding-#12G,Ground Wire 300 LF $ 2.00 $ 600.00 76 Grounding-#6G,Ground Wire 10 LF $ 3.30 $ 33.00 77 lGrounding-#IG,Groun dWire 100 LF $ 5.88 $ 588.00 78 Grounding-15'x3/4"Cu.Grd Rod 1 EA $ 80.00 $ 80.00 79 Exterior Lighting-"A"Light-Incid Base and Pole 4 EA $ 3,500.00 $ 14,000.00 80 Exterior Lighting-"B"Light-Incid Base and Pole 2 EA $ 4,200.00 $ 8,400.00 Division 4-Lighting Total:j $ 53,219.90 Division 5-Irrigation 81 Gate Valve 1 EA $ 350.00 $ 350.00 82 Controller 1 EA $ 1,200.00 $ 1,200.00 83 Back Flow Preventer 1 EA $ 1,300.00 $ 1,300.00 84 Rain Sensor 1 EA $ 85.00 $ 85.00 85 2"PVC Irrigation Line 40 LF $ 4.00 $ 160.00 86 1-1/2"PVC Irrigation Line 320 LF $ 3.00 $ 960.00 87 1" PVC Irrigation Line 800 LF $ 1.50 $ 1,200.00 88 NETAFIM Tubing W/Emitters 1,440 LF $ 1.50 $ 2,160.00 _ 89 NETAFIM Control Zone Kit 8 LF $ 250.00 $ 2,000.00 Division 5-Irrigation Total: $ 9,415.00 12X Parking Lot Total: $ 176,617.00 17X Surface Parking Lot Addendum 2 The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete the Unit Price Bid Breakdown Form to include quantities, units of measure, unit pricing, and totals. The cost of any item(s) of work not covered by a specific contract unit price shall be included in the contract unit price to which the item(s) is most applicable. Both unit price and extended total prices must be stated in units of quantity specified in the bidding specifications. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. The General Conditions include certain "Allowance" items that have been delineated below. The Contract Unit Price for these allowance items shall be used only upon the City's discretion,as needed. In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. Should any bidder fail to submit this form fully completed, the City will request that the omitted information be provided within three (3) calendar days upon request from the City. Failure to provide the City with the omitted information within three (3) 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 BASE BID SUM, DIVISIONS, LINE ITEM TOTALS,OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. ITEM - BIDDERS DIV.- DESCRIPTION NO. _ QUANTITY UNIT 'UNIT_PRICE- „ TOTAL. Division 1-General Conditions 89 Bonds and Insurance 1 LS $ 4,500.00 $ 4,500.00 90 Mobilization 1 LS $ 1,000.00 $ 11000.00 91 General Conditions 1 LS $ 28,000.00 $ 28,000.00 92 Survey and Layout Site Controls 1 LS $ 3,400.00 $ 3,400.00 93 Maintenance of Traffic 1 LS $ 2,000.00 $ 2,000.00 94 Allowance: Permit Fees 1 LS $ 5,000.00 $ 51000.00 95 Allowance: Dewatering 1 LS $ 2,000.00 $ 2,000.00 96 Allowance:Water Meter Fees 1 LS $ 2,540.00 $ 2,540.00 97 Consideration for Indemnification of City 1 LS $ 25.00 $ 25.00 Division 1-General Conditions Total:j $ 48,465.00 Division 2-Sitework 98 Sitework/Demolition-Install Silt Fence 622 LF $ 3.50 $ 2,177.00 99 Plant Protection-Tree& Plant Protection 1 LS 0.00 0.00 100 Plant Protection-Aluminum Landscaping Edging 250 LF $ 12.00 $ 3,000.00 101 Plant/Tree Removal-Relocate Trees 8 EA 0.00 0.00 102 Demolition Misc. -Demo. Unknown Conditions 1 LS 0.00 0.00 103 Demolition Sidewalk Concrete-Remove Concrete Sidewalks 2,671 SF $ 1.50 $ 4,006.50 Demolition Paving, Base, Haul-Remove Existing Asphalt 104 1,700 $ 1.70 $ 2,890.00 Pavement SY 105 Demolition Paving, Base, Haul-Excavate/Haul Base Offsite 567 CY $ 7.00 $ 3,966.69 106 Demolition Concrete Curbing-Remove Curb and Gutter 2,986 SF $ 1.50 $ 4,479.00 107 Earthwork-Fine Grading 5,206 SF $ 1.25 $ 6,507.50 108 Excavate& Backfill-Import Fill/Level/Grade 1,635 CY $ 3.00 $ 4,905.78 109 Saw Cut/Core-Saw Cut 638 LF $ 1.50 $ 957.00 110 Site Drainage-15" PVC Exfiltration 203 EA $ 120.00 $ 24,360.00 111 Storm MH/CB/Inlet-Inlet with Baffles 3 j EA $ 4,500.00 $ 13,500.00 112 1 Control Structure-Drainage Well 1 1 EA $ 33,984.00 $ 33,984.00 113 Paving&Surfacing-Milling Roadway(Milling&Clean-up) 108 SY $ 30.00 $ 3,249.90 114 Paving&Surfacing-Resurfacing Parking 108 SY $ 25.00 $ 2,708.25 115 Paving&Surfacing-Bituminous Prime Coat 161 GL $ 15.00 $ 2,413.80 116 Paving& Surfacing-Tack Coat 80 GL $ 10.00 $ 804.60 117 Paving&Surfacing-2"Asphalt 161 TN $ 50.00 $ 8,046.00 118 Paving&Surfacing-8" Limerock Base 1,609 SY $ 10.00 $ 16,092.20 119 Paving&Surfacing-Grade/Compact Base 1,609 SY $ 8.00 $ 12,873.76 120 Paving&Surfacing-12"Stab.Subgarde 1,609 SY $ 5.00 $ 8,046.10 121 Paving&Surfacing-12"Stab.Subgarde @ sidewalks 265 SY $ 10.00 $ 2,652.20 122 Paving&Surfacing-Traffic Stops/Stripes 35 LF $ 40.00 $ 1,400.00 123 Paving&Surfacing-4" PT.PK'G Stripe 34 EA $ 8.00 $ 272.00 124 Paving&Surfacing-Line Safety Area 367 SF $ 4.00 $ 1,468.00 125 Paving&Surfacing-H/C Sign Logo 3 EA $ 150.00 $ 450.00 126 Paving&Surfacing-HC.Stripe @ Isl.6" Blue 7x18' 285 LF $ 3.00 $ 855.00 127 Paving&Surfacing-Signs 1 EA $ 150.00 $ 150.00 128 Paving&Surfacing-Stop Signs w/Reflectors 1 EA $ 150.72 $ 150.72 129 Paving Specialties-Tactile Warning 69 SF $ 35.00 $ 2,415.00 130 Curbs&Gutters-Type 6" D Curb 1,050 LF $ 13.00 $ 13,650.00 131 Curbs&Gutters-24" Pervious Valley Gutter w6"x12" 309 LF $ 25.00 $ 7,725.00 132 Curbs&Gutters-2'Valley Gutter 36 LF $ 18.00 $ 648.00 133 Walks/Apron/Ramps-4"Concrete Sidewalk w/TE 2,387 SF $ 5.00 $ 11,935.00 134 Pavers-Concrete Pavers Incl. Border 450 SF $ 6.00 $ 2,700.00 Division 2-Sitework Total: $ 205,439.00 Division 3-.Landscaping 135 Coconut Palm Maypan 3 EA $ 840.00 $ 2,520.00 136 Live Oak 3 EA $ 630.00 $ 1,890.00 137 Golden Rain tree 4 EA $ 420.00 $ 1,680.00 138 Orange Geiger 8 EA $ 315.00 $ 2,520.00 139 Dwarf Cocoplum 89 EA $ 12.00 $ 1,068.00 140 Petite Yellow Ixora 73 EA $ 8.00 $ 584.00 141 Dwarf Pringles Podocarpus 36 EA $ 12.00 $ 432.00 142 Sambac Jasmine 104 EA $ 13.00 $ 1,352.00 143 Emerald Goddess Lirope 139 EA $ 5.00 $ 695.00 144 Orange Bird of Paradise 8 EA $ 41.00 $ 328.00 145 Mulch 33 CY $ 52.00 $ 1,716.00 146 Topsoil 6" 96 CY $ 27.00 $ 2,592.00 147 St.Augustine 1,300 SF $ 0.50 $ 650.00 Division 3-Landscaping Total: $ 18,027.00 Division 4-Lighting 148 Electrical- Electrical General Conditions 1 LS $ 6,578.00 $ 6,578.00 149 Electrical-24x13 Pullbox 1 EA $ 175.00 $ 175.00 150 Electrical-Prestressed Pole 1 EA $ 2,928.00 $ 2,928.00 151 Electrical-5x5 Concrete Maintenance Pad 25 SF $ 173.00 $ 4,325.00 152 Electrical-Meter Center 1 EA $ 609.00 $ 609.00 153 Selective Electrical Demolition-Demo lighting Poles 3 EA $ 338.00 $ 1,014.00 Selective Electrical Demolition-Remove Underground Wire& 154 Conduit 280 LF $ 14.00 $ 3,920.00 155 Conduit-3/4" PVC in ductbank 630 LF $ 2.50 $ 1,575.00 156 Conduit-1-1/4"Grs W/Hgrs 60 LF $ 128.00 $ 7,680.00 157 Conductors&Cable-#10 Copper Wire 1,260 LF $ 1.75 $ 2,205.00 158 Conductors&Cable-#1 Copper Wire 60 LF $ 20.00 $ 1,200.00 159 TVSS-Surge Protective Device(Spd) 1 EA $ 3,345.00 $ 3,345.00 Panel Boards(Commercial Use) 100A, 120/240V, 1 phase, 3w, 160 1 $ 2,985.00 $ 2,985.00 Mcb Pb EA 161 Panel Boards(Commercial Use) Photocell(Pnl Mntd) 1 EA $ 75.00 $ 75.00 162 Panel Boards(Commercial Use) Lighting Contactor 1 EA $ 745.00 $ 745.00 163 Panel Boards(Commercial Use)Enclosure,SS, N4 1 EA $ 1,950.00 $ 1,950.00 164 Grounding-#12G, Ground Wire 630 LF $ 2.50 $ 1,575.00 165 Grounding-#6G,Ground Wire 10 LF $ 3.50 $ 35.00 166 Grounding-#1G,Ground Wire 60 LF $ 6.00 $ 360.00 167 Grounding- 15'x3/4"Cu.Grd Rod 1 EA $ 77.00 $ 77.00 168 Exterior Lighting-"A" Light-Incld Base and Pole 11 EA $ 5,200.00 $ 57,200.00 169 Exterior Lighting-"B" Light-Incld Base and Pole 2 EA $ 5,660.00 $ 11,320.00 Division 4-Lighting Total: $ 111,876.00 Division 5-_Irrigation 170 Sprinkler Head 107 EA $ 14.00 $ 1,498.00 171 Valve 3 EA $ 650.00 $ 1,950.00 172 Controller 1 EA $ 1,200.00 $ 1,200.00 173 Back Flow Preventer 1 EA $ 2,000.00 $ 2,000.00 174 Rain Sensor 1 EA $ 150.50 $ 150.50 175 3" PVC Irrigation Line 150 LF $ 5.00 $ 750.00 176 2 PVC Irrigation Line 20 LF $ 4.00 $ 80.00 177 1-1/2"PVC Irrigation Line 110 LF $ 3.00 $ 330.00 178 1-1/4"PVC Irrigation Line 50 LF $ 2.75 $ 137.50 179' 1" PVC Irrigation Line 100 LF $ 2.25 $ 225.00 180 3/4" 860 LF $ 2.50 $ 2,150.00 181 3"Sleeve 40 LF $ 30.00 $ 1,200.00 182 2-1/2"Sleeve 10 LF $ 28.00 $ 280.00 183 2"Sleeve 10 LF $ 25.00 $ 250.00 184 1-1/2"Sleeve 25 LF $ 15.00 $ 375.00 Division 5-Irrigation Total: $ 12,576.00 17X Parking Lot Total: $ 396,383.00 i I 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 CARIVON CONSTRUCTION COMPANY, 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 and twenty (120) 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. 64 BID NO: 173-2013TC DATE:June 17,2013 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 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. 65 BID NO: 173-2013TC DATE:June 17,2013 [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. 66 BID NO: 173-2013TC DATE: June 17,2013 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 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. 67 BID NO: 173-2013TC DATE: June 17,2013 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. 68 BID NO: 173-2013TC DATE:June 17,2013 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: Alex Denis, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Carivon Construction Company Attn: Ivonne Munne, President 12171 S.W. 131 Avenue Miami, Florida 33186 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. 69 BID NO: 173-2013TC DATE: June 17, 2013 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 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. 70 BID NO: 173-2013TC DATE:June 17,2013 I IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH City elerk Edward L. Tobin Vice-Mayor_ Contractor M ;e E,6 THIS CONTRACT AS INDICATED BELOW. USE CORPORAT •NO'NC TION FORMAT, AS APPLICABLE. [If incorpor si �, r �NvoP,p ORA Contractor ATTEST: ` CARI00N CONSTRUCITON COMPANY Na e of Corporation) 9 By. IBONNE NUNNE: PRES/SEC (Corporate Seal) (Print Name and Title) 25 day of JULY , 2013 [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. APPROVED AS TO FORM & LANGUAGE &:FOR EXECUTION a_0"�- - 71 City Attorne tp�, BID NO: 173-2013TC DATE: June 17, 2013 00708. FORM CERTIFICATE OF INSURANCE A certificate of insurance form will be attached here. BID NO: 173-2013TC CITYOF MIAMI BEACH DATE:June 17,2013 72 CARIV-2 OP ID:AX CERTIFICATE OF LIABILITY INSURANCE DA 07/25/13(MMIDDIYYYY) 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). CONTACT PRODUCER 305-446-2271 NAME: Kahn-Carlin&Company,Inc. 305-448-3127 PHONE 305-446-2271 FAX No): 305-448-3127 3350 S.Dixie Highway A/c No Ext Miami,FL 33133-9984 E-MAIL rocessin nkahn-carlin.com ADDRESS:P g@ INSURER(S)AFFORDING COVERAGE NAIC 9 INSURER A:Colony Insurance Co 39993 INSURED Carivon Construction Company INSURER B:Evanston Insurance Company 12171 SW 131 Avenue INSURER C:Bridgefield Employers Ins Co 10701 Miami,FL 33186 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 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. INSR I TYPE OF INSURANCE DDL S BR POLICY EFF POLICY EXP LTR �N D POLICY NUMBER MM/DD/YYYY) (MM/DD[YYYYI LIMITS GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ A X COMMERCIAL GENERAL LIABILITY X GL851005 11/10/12 11/10/13 PREMISES Ea occurrence) S 100,000 CLAIMS-MADE Fx_]OCCUR I MED EXP(Anyone person) S 5,000 PERSONAL&ADV INJURY $ 1,000,000 X I PER PROJ AGG=" I GENERAL AGGREGATE $ 2+000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG S 2,000+000 POLICY 7 PRO LOC Emp Ben. $ 1,000,000 JECT A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED (Per PERT accident) $ HIREDAUTOS AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE X $ 4+000,00 B X EXCESS LIAR CLAIMS-MADE XOVA505012 11/10/12 11/10113 AGGREGATE $ 4,000+000 DED I X I RETENTION$ $ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 83051419 07/30/13 07/30/14 E.L.EACH ACCIDENT $ 1,000,000 ❑ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S 1,000,000 I D I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ITB No. 2013-173-TC Reconstruction of surface parking lots 12X and 17X The certificate holder is additionally insured as respects to General Liability. CERTIFICATE HOLDER CANCELLATION CITY-22 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF,City of Miami Beach ACCORDANCE EXPIRATION THE POLICY PROVISIONS. WILL BE DELIVERED IN 1700 Convention Center Drive Miami Beach,FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Great American Insurance Company 1060 Maitland Center Commons Blvd., Ste. 100 Maitland, FL 32751 (407) 659-4334 Bond Number: 1756619 Contractor Name: Carivon Construction Company 12171 SW 131 st Ave. Miami, FL, 33186 (305) 232-9024 Owner Name: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7490 Project Number: ITB NO. 2013-173-TC Project Description: Reconstruction of Surface Parking Lots 12X and 17X ("ITB") Project Address: Lot 12X at 900 Washington Ave and 17X at 1262 Collins Ave. Miami Beach, Miami Dade County, FL Legal Description of Property: Reconstruction of Surface Parking Lots 12X and 17X ("ITB") This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. i Bond No. 1756619 i 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We Carivon Construction Company as Principal, hereinafter called Contractor , and Great American Insurance Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Six Hundred Thirty Thousand Three Hundred and XX/100 Dollars ($ 630,300.00 ) 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 ent3l'red into a Contract, Bid/Contract No.: ITB#2013-173-TC, awarded the / day of , 20�with City which Contract Documents are by reference incorporate herein 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 Reconstruction of Surface Parking Lots 12X and 17X("ITB") 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:173-2013TC CITYOF MIAMI BEACH DATE:June 17,2013 73 i i J { 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 i "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. U / Signed and sealed thiscAo day of 6A , 20 WITNESSES: &tarivon Construction Company Name of Corporation) p ) S c By: ` (t ignature (CORPORATE SEAL.) (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: Great A ri an In rance Company By: Michael A. Bonet,Age t and Attorney-in-Fact Carmen E. Pillot Address: 1060 Maitland Center Commons Blvd., Ste. 100 (Street) Maitland, FL 32751 (City/State/Zip Code) Telephone No.: (407)659-4334 BID NO:173-2013TC CITYOF MIAMI BEACH i DATE:June 17, 2013 74 i Bond No. 1756619 ' i r 00720. FORM OF PAYMENT BOND BY THIS BOND, We Carivon Construction Company as Principal, hereinafter called Contractor , and Great American Insurance Company , as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of Six Hundred Thirty Thousand Three Hundred and XX/100 Dollars ($639.300.00 ) 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 entereq into a Contract, Bid/Contract No.: ITB#2013-173-TC awarded the day of , 20j?�with City which Contract Documents are by reference incorporat hereiV made a part hereof, and specifically include provision for liquidated damages, and other ages 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, 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:173-2013TC CITYOF MIAMI BEACH DATE:June 17,2013 75 E I i i k 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 a&ct the Surety's obligation under this Bond. Signed and sealed day of , 20Z7!). Contractor ATTEST: Carivon Construction Company (Name of Corporation) By: 4(6e-cretary) ( igna ure) (Corporate Seal) (Print Name and Title) day of L�, , 20_1�-) Cl HE 7� ;E S ENCE OF: INSUR NCE COMPA . Z Great A er a nsu nc o y By: - Michael A. Bonet Age t and Attorney-in-Fact Carmen E. Pillot Address:1060 Maitland Center Commons Blvd., Ste. 100 (Street) Maitland, FL 32751 (City/State/Zip Code) Telephone No.: (407)659-4334 BID NO:173-2013TC CITYOF MIAMI BEACH DATE:June 17,2013 76 i . I f t f 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL r I, =�I od( ,t�1r1C , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond i (Performance Bond and Payment Bond); that CY_%_ , who signed the Bond(s) on behalf of the Principal, was the of said corporation; that I know his/her 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) ecre ary on behalf of) Corporation STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Michael A. Bonet 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 5th da V A , 201 . My commission expires: N ary Public, State of Florida at Large November 7, 2015 Bonded by-Travelers Casualty&Surety Company of America ia'00°oil^ Notary Public State of Florida V Carmen E Pillot —. ,�Q My Commission EE 144302 '*'or-to Expires 11107/2015 BID NO:173-2013TC CITYOF MIAMI BEACH DATE:June 17,2013 77 i s i t GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 0 FAX 513-723-2740 i The number of persons authorized by this power of attorney is not more than ONE No.0 19968 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power MICHAEL BONET OF MIAMI,FLORIDA $75,000,000. This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25TH day of JANUARY 1 2010 Attest GREAT AMERICAN INSURANCE COMPANY CFr IN cUpyr te.•' f Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(877-377-2405) On this 25TH day of JANUARY 2010 ,before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L.GROSHEIM • NOTARY PUBLIC,STATE OF OHIO • MY COMMISSION EXPIRES 02-2x16 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts ofsuretyship,or other written obligations in the nature thereof-to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this day of , ♦llY$Ilp, Assistant Secretary S1029AC(4/11)