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RESOLUTION 87-19101 RESOLUTION NO. 87-19101 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FIRST AMENDMENT TO THE CONVENTION CENTER EXPANSION CONTRACT BETWEEN THE CITY OF MIAMI BEACH AND GEORGE HYMAN CONSTRUCTION COMPANY DATED FEBRUARY 2 , 1987 , TO PROVIDE FOR PAYMENT FOR OFF SITE STORAGE OF MATERIALS. WHEREAS, the City of Miami Beach ( "City" ) and George Hyman Construction Company ( "Contractor " ) entered into a contract ( "Contract" ) on February 2, 1987 for the expansion of the Miami Beach Convention Center ; and WHEREAS, the Contract provides in Document 016 for payment for on site storage of materials subject to procedures satisfactory to the City to protect the City ' s interest ; and WHEREAS, the Contract is silent on the question of off-site storage of materials and the Contractor has requested provision be made for payment for off site storage of steel , carpet and possibly other materials; and WHEREAS , the City wishes to make provision to pay the Contractor for off-site storage of materials subject to procedures satisfactory to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Clerk are authorized to execute a First Amendment to the Convention Center Expansion Contract between the City of Miami Beach and George Hyman Construction Company dated February 2 , 1987 , to provide for payment for off site storage of materials. PASSED and ADOPTED this 2nd day of December , 1987 . Attest : City Clerk FORM APPROVED LEGAL DEPARTMENT: Date: /246 /r7 PNB/rlw &eel /4a I &lad FLORIDA 3 3 1 3 9 ;INCORP,ORATED *: "VACA TION/AND U. S. A. ' OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 NO. c�� S-31 COMMISSION MEMORANDUM DATPec. 21 1987 TO: Mayor Alex Daoud . • Members of t - ity Commis- on 1 orsFROM: Rob W. Parkin 61, City Manager SUBJECT: MIAMI BEACH ONVENTION CENTER EXPANSION PROJECT FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF MIAMI BEACH AND GEORGE HYMAN CONSTRUCTION COMPANY In an earlier meeting with the Contractor, the Contractor requested consideration by the City for several items to expedite the Convention Center contract. One of these items was to modify the contract to allow for payment of materials stored off the site. Some of these items have a large dollar value. The steel for the roof structure is a good example. The modification to the contract would include safeguards for the City as set forth on page two of the First Amendment. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission authorize by resolution the adoption of the first amendment to the contract between the City of Miami Beach and George Hyman Construction Company, a copy of which is attached. RWP:VG:ap Attachment a /i fir/ 4-7 /Piet tcy ' 0711-4. 4,4t-2 0,&..4,3--•06,44,4 451 At-le \ ,) AGENDA ITEM DATE - FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY OF MIAMI BEACH AND GEORGE HYMAN CONSTRUCTION COMPANY FOR EXPANSION OF THE MIAMI BEACH CONVENTION CENTER THIS First Amendment to Contract made and entered into this 4( day of dtwativie , 1987 by and between the City of Miami Beach , a Florida municipal corporation ( hereinafter referred to as "City" or Owner" ) , having its principal offices at 1700 Convention Center Drive , Miami Beach , Florida 33139 and George Hyman Construction Company, (hereinafter referred to as the "Contractor " ) whose address is 3440 Hollywood Boulevard, Hollywood, Florida 33021 , WITNESSETH WHEREAS , the City of Miami Beach and George Hyman Construction Company entered into a contract ( "Contract" ) on February 2 , 1987 for the expansion of the Miami Beach Convention Center ; and WHEREAS, the Contract provides in Document 016 for payment for on site storage of materials subject to procedures satisfactory to the City to protect the City ' s interest ; and WHEREAS, the Contract is silent on the question of off-site storage of materials, and the Contractor has requested provision be made for payment for off site storage of steel , carpet and possibly other materials ; and WHEREAS , the City wishes to make provision to pay the Contractor for off- site storage of materials subject to procedures satisfactory to the City. 1 NOW THEREFORE, the City and the Architect , in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: 1 . Lines 45 through 54 on Page 1 of Document 016 of the Contract are hereby amended to read as follows : "Unless otherwise provided in the Contract Documents , payments will be made on account of materials or equipment incorporated in the Work . If approved in advance by the Owner , payments may similarly be made for materials or equipment suitably stored on or off the site. Payments for materials or equipment stored on or off the site may be conditioned by the Owner upon procedures satisfactory to the Owner to protect the Owner ' s interest , which may include , but shall not be limited to the following : (a) Bills of sales (b) Storage and ownership affidavits (c) Evidence of labeling of the material (d) Certificates of insurance (e) Evidence of payment ( f) Such other documents and/or procedures as the Owner may in its sole discretion require to protect its interest . " 2 . This First Amendment shall not be effective without the consent of the Sureties on the Performance and Payment Bonds, as attached hereto. 3 . This First Amendment shall supersede the Contract and in the event of any inconsistency between the terms and conditions of the Contract and this First Amendment , this First Amendment shall prevail . All other terms and conditions of the 2 Contract are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals , attested by their respective witnesses and City Clerk on the day and year first hereinabove written. CITY 0 MIAMI BEACH 7 Of By: A _ A I irr MAYO- ORM APPROVED Attest : LEGAL DEPT. ef,a4,:ti 71t, /2114, Byt )-4-. City Clerk /0.0477 George gym aht's Ce-n-s-- - tTb n Company/- - ..._ , (.........-74::„.„,,,, r, Vice 5-resident Attest : ./: / f 4',ad.- ,L,,,, /7774,./K -."............ tik‘5 i. Corporate Secretary CONSENT OF SURETIES The following sureties on the Payment and Performance Bonds for the Contract hereby consent to the foregoing amendment to the Contract providing for payment for off site storage . 3 SURETIES: THE AMERICAN INSURANCE COMPANY, FIREMAN ' S FUND INSURANCE COMPANY AND THE AETNA CASUALTY ANS SURETY COMPANY WITNESS: -,P .//4//r Attorney-in-Fact 7000 S.W. 97 Ave. , Suite #200 Countersigned 2 _ Business Address �` f ��Ir r� �f • V,, 6‹ j ��Q/✓``f Miami FL 33173 Florida Resident Agent City State Zip Code Name of Local Insurance Agency STATE OF FLORIDA )ss COUNTY OF DADE Before me , a Notary Public, duly commissioned, qualified and acting, personally appeared Juan E. Beltran to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact , for the The American Insurance Company , Fireman ' s Fund Insurance Company and Aetna Casualty and Surety Company and that he has been authorized by Powers-of-Attorney to execute the foregoing consent on behalf of the Sureties named therein in favor of the City of Miami Beach, Florida . Subscribed and sworn to before me this day of , 1987 A.D. (Attach Power of Attorney) Notary Public State of Florida at Large My Commission Expires : Notary at Large My Commission r €;Ls Fccruory 13, 1991 4 Bonded thru Agent's Notary a;okerage • XMAli ATIORNEv THE AMERICAN INSURANCE COMPANY kNOW .ALL MEN RY THESE PRESENTS:That THE AMERICAN INSURANCE COMPANY.a Corporation duty organized and existing under the `urs of the State of Nev. Jersey. and having its principal office in the City and County of San Francisco. California h., made. constituted and 'appointed, and does by these presents stake.constitute and appoint JUAN E. BELTRAN, ROBERT R. La ROUE, PAUL E. ZACHARS K I and GLADYS OGD E N ,jointly or severally MIAMI , FL -.� its true awd lewful Attorneyis)-in•Fact.with full power and authorit y"hereby conferred in its name.place and stead.to a*ec ute.seal ac k no' Iedgr and deliver any and all bonds. undertakings.recognizance:or other written obligations in the nature thereof ; for all obligees including any and all consents required by the Department of Transportation. State of Florida, incident to the release of retained percentages and/or final estimates and to bind she Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate wAl of the Corporation and duly ttested by its Secretary. hereby ratifying and confirming all that the said Attorneyts)-in-Fact may do in the premises This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY nov. in full force and effect. "Ankle VJI1,Appointment and Authority Assistant secretaries,and Attorney-in-Fact and Agents.to accept Legal Process and Make Appearances. Salim D0, Appointment. The Chairman of the board of Directors, the President, any.Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-Ia-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. • Section 31, Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person=powered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Director. of THF AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution his, not been amended or repealed: -RESOLVED.that the signature of any Vice-President. Assistant Secretary.and Resident Assistant Secretary of this Corporation. and the %eat of Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate reta!tnf thereto. h‘ facsimile,and any power of attorney.any revocation of any poker of attorney.or certificate bearing such facsimile signature or fa:simile seal shalt he valid and binding upon the Corporation • IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by it, Vice-President and its corporate seal to be hereunto affixed this 13th day of July 19, 83 THE AMERICAN INSURANCE COMPANY' 161-• • • k . I 446 By tKtht,ldtA• STATE OF CALIFORNIA, as CITY AND COUNTY OF SAN FRANCISCO On this 13th day of July , 19 83 , before me personally came Richard �l i 1 rams to me known, who, being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSt R A NCE COM PA\1 . the C n1- poration. described it and v.hic}. executed the above tnstrumert. that he knov,s the sea' c` said Co-perat or.. the• thr sea' a`rAed to tFh; �� •�T.,. is such corpo-ate sea',that it was so affixed by order of the Board of Directors of said Corporation and that he signed his naive thereto ord:- IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal.the day and year herein first ahc'se kritten. OFFICIAL SEAL J SUSIE K. GUJERT NOTARY �eN�► \ an a COOT' of SAN Alwct=co- w�t, My Cormission ission Expires Nov. 17. INt CERTIFICATE STATE OF FLORIDA CITY OF TAMPA, HILLSBOROUGH COUNTY I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEVA JERSEY Corporation. DO HE RF 131 CE R- TIFY that the foregoing and attached POWER OF ATTORNEY' remains in full force and has not been revoked., and furthermore that Article x111. Se: tions 30 and 31 of the By-laws of the Corporation,and the Resolution of the Board of Directors,set forth in the Poster of Attorney,arc nes"" in tore Signed and sealed at the City of Tampa, Hillsborough County,Dated the /#4VTday of • 19 -�-- • �►�, .co� E. F. BRADFORD Resad 't Assistant Se;ret3I 300Ti1•TAI 6rL14NLIAL POWER OF All' FIREMAN'S FUND INSURANCE COMPANY KNOW ALL MEN Sl'THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY.a Corporation duly organized and existing under the laws of the State of California.and having its principal office in the City and County of San Francisco.in said State.has made.constituted ani!appointed. and does by these presents make.constitute and appoint JUAN E. BELTRAN, ROBERT R. LaROUE, PAUL E. ZACHARSKI and GLADYS OGDEN jointly or severally MIAMI , FL its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute.seal.acknowledge and deliver any and all bonds. undertakings,recognizances or other written obligations in the nature thereof, LIMITED TO THE GEORGE HYMAN CONSTRUCTION COMPANY and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VIII.Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Article VIII,Appointment and Authorit► Assistant secretaries,and A ttorne)•in-Fact and Agents to accept Legal Process and AfaA r.4 ppearanc c'.s. Section 30, Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and male appearances for and on behalf of the Corporation. Section 31, Authorit► The Authority of such Resident Assistant Secretaries. Attorney-in-Fact. and Agents shall he a, prescribed in the tnstrument et idencing their appointment, and any such appointment and all authority granted thereby may he res iked at any time I the Board of [)ir;;fors or hs any person empowered to male such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the iSth day of July. 1966. and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary.and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may' be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. h� f an facsimile.and of attorney.any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall he yPo power , valid and binding upon the Corporation. . IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to he signed by its Vice-President. and its corporate seal to be hereunto affixed this 28th day of January 19 87 . ia ; FIREMAN'S FUND INSURANCE COMPANi' ,,\ :' *ati'..:.--.:...`'IG t. .?\0.31/4:S\ e .ak.. .,:.....__ C11;114:11 r a+ tBy �'%�lf �C' S .c•Pyr%tdeni STATE OF CALIFORNIA ss. COUNTY OF MARIN . 28th January , 19 87 before me personally came Richard Williams On this da��of • to me knov►n, who, being by me duly sworn, did depose and say: that he is Vice-President of FIREMAN'S FI ND INSI RANGE C OMP.ANY, the Cor- poration described in and which executed the abose instrument; that he knots the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WiTNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year herein first ahose ssritten. wousessuenessmstmesememumemes OFFICIAL SEAL /41n • SUSIE K. GiLBERT NOTARY PUBLIC -CALIFORNIA %,,�°"Pub!, .tr'r Prise ipal Office in Marin County8 CERTIFICATE My Commission Expires Nov. 17, 1961,........ ...:4rile....iiie.,70 . jusemenssassumentosuusasumannuemasseas STATE OF CALIFORNIA 1 ss. COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation. DO HE REM CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been resoled; and furthermore that Article ViII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth e the Pots er of Attorney, are nosy in force. Signed �'- 'and sealed at the County of Marin. Dated the , , � day of z.;, 19 -1, Ile T Ce 444(E co* Resident Assistant Se:retar) 310711-FF--541 �••.M THE XETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 LI FE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THATTHE,'ETNA CASUALTY AND SURETY COMPANY,a corporation duly organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,hath made,constituted and appointed,and does by these presents make,constitute and appoint Juan E. Bel tran, Robert R. LaRoue or Paul E. Zacharski - - of Miami, Florida ,its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,or,if the following line be filled in,within the area there designated , the following instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any and all consents incident thereto and to bind THE AETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE AETNA CASUALTY AND SURETY COMPANY,and ail the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Senior Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries,Attorneys-in-Fact,and Agents to act for and on behalf of the Company and may give any such appointee such authority as his 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 may at any time remove any such appointee and revoke the power and authority given him. VOTED: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 Chairman,the Vice Chairman,the President,an Executive Vice President,a Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident Vice President,and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact pursuant to the power prescribed In his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE dETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers:Chairman.Vice Chairman,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 upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President ,and its corporate seal to be hereto affixed this 6th day o October •19 8 7 ...,,, THE ,ALTNA U TY SURETY COMPANY :'••a ��� By State of Connecticut J eph . Kiernan ss.Hartford Assistant Vice President County of Hartford On this 6th day of October ,19 8 7 ,before me personally came JOSEPH P. KIERNAN to me known,who,being by me duly a', 'm,did depose and say:that he/she is Assistant Vice President of THE AETNA CASUALTY AND SURETY COMPANY,the corporation described in and which executed the above instrument;that he/she knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. s `..%a ,` 1 a_. •'•�'�! . .••' My comma " n expires March 3L 19 91 J otary Public George A. Perry, Jr. CERTIFICATE I,the undersigned, Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,as set forth in the Certificate of Authority,are now in force. Sig and Sealed at the Home Office of the Company,in the City of Hartford,State•f Co •-•icut.Dated this day of b4.7-1Z014.44 ,19 ,,,,,, gAATFOAQ •7. By 1 CONN. : i1VV✓�+� ohn W. Welch, Secretary .IS-1921-E)(MI 3-79 «•'' PRINTED IN U.S.A. 0 . ORIGINAL RESOLUTION NO. 87-19101 (Authorizing the Mayor and City Clerk to execute a first amendment to the Convention Center Expansion contract between the City of Miami Beach and George Hyman Constructiot- Company dated February 2, 1987, to provide for payment for Off Site Storage of Mat- erials) } S 7 v►'