Thermo Air, Inc. AgreementAGREEMENT
THIS AGREEMENT madeA+ds---~5th day of November 2003, A.D. between the CITY OF
MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which
term shall include its successors and assigns, party of the one part, and
THERMO AIR, INC
2875 N. 29TM AVENUE
HOLLYWOOD, FLORIDA 33020
hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party
of the other part.
WITNESSETH that the said Contractor for the consideration and compensation herein agreed to
be paid and the said City in consideration of the construction of improvements to be done by said
Contractor and designated "SMOKE EVACUATION FANS AND DAMPERS
REPLACEMENT AT THE POLICE STATION" 'by said City, do hereby mutually agree as
follows:
This Agreement shall extend to and be obligatory upon said City, its successors and
assigns, and upon said Contractor and its heirs, successors and assigns. Neither this
Agreement nor any part thereof nor any part of the Work herein contemplated, shall be
assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be
assigned by said Contractor to anyone without the consent of the City Commission of
said City evidenced by its resolution.
The foregoing pages of this booklet, including the Notice to Contractors, the Proposal,
and the Contract Documents and such alterations as may be made in said Plans and
Specifications as therein provided for, are hereby referred to and made a part of this
Agreement and the terms and conditions set forth therein, except when in direct conflict
with this written Contract, are as much a part hereof as if copied herein. If conflicts exist
between them and this written instrument, only that part of the matter in direct conflict
herewith shall not be construed to be a part hereof.
Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence
scheduling activities, permit applications and other preconstrucfion 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 not
limited to: Payment and Performance Bonds, and Insurance Certificate) and after
execution of the Contract by both parties.
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.
ITB 51-02/03
Agreement Page lof3
01/12/04 M0N 16:35 FAX 954 923 8003 THI~RM0 AIR 9002
Thc Contractor shall subiidt all necessary doc~mmts required by this provision within
../cale~clar days of the issuance of the first Not/be to Proc~.
Thc Con/~a~tor shall commence work within seven ~ da~ of the second Notice to
Pincer.. and .shs!! construct and complete in a i~od and wort-manlike manner the
~materials her~m re£m~l to, stripy in accord herewith tho following.
3.1 The Contractor shall be Sabstsaflaily Complz~l~.~v!l~lle Work W~in
twenty-one (21) ealeadar days afar the d~t~ of ~"~'l~o~c~o Proc~d, and
coa~,~leted and ready for final paymeut within seven (7) calendar days ai~r the
date certified by the Project Manager as the date of Substantial C~mpletion.
de
3.2
Damag~ - City and Conlractor re¢o?ize that the City will suffer dir~t finsnoial
loss if Work is not co,n?leted within the Coui~act times spedfied in paralvaph 3.1
above plus any extensions thereof allowed. They also recoEnize the delays,
expe~e and d/ffictflties involved in prcwing in a legal or arbitration proceeding
the actual leas ~tfl~ered by Owner if the Work ia not oompleted on t/me, and
therefor~ time is of the ~sence. Accordingly, instead of requiting any such
Contractor aErees to forf~/t and pay Owner as HqMdst~d damages for delay (bui
not as a p~nalty) the amount of Fifty Dollars (~0.00) for each ~dendsr day
that expires ~fter the Contract Time specified in paragraph 3.1 for
Sub,taa~al Completion until the Work /s substantially complete.
Substantial Completion if Contractor shall neglect, r~fuse, or fa/1 to complete the
rem*i-lng Work within the Contract Time, Contractor sbsi! pay Owner Fifty
Dollars (SS0.00) for each calendar day that expires after the time specified in
Paragraph 3.1 for eom.~leflon smd readiness for final payment. These
amounts represent a reasonablc estimate of Owner's exp~n_~es for extended delays
and for in~ection, enlgneer/ng ser~es and administrative costs ~=ociaied with
such delay.
In ~ oonstmotion said Contractor shall finnish all implements, machinery, equipmenL
transpmtation, tools, materials, supplies labor, and other things necessary to thc execution
and completion or,he Work,'nothin~ being r~xluired of. the City except thai it may, at its
exp~nse, supervise such construofiun and enter upon and inspect the same st ali
zeaannsble thnes.
If any dispute arises between the City and said Contractor with reference to the meaning
or requ~ents of any part of this Contract and they cannot agree, the more stringent
requirements shall goww as determined by thc City.
If the Contractor shall complete the con,t~uction herein contemplst_~d in a ~cod and
worlmlanl/ke n~nner within the time herein spccified and in accord herewith, the said
City shall pay to the Contractor file contract stml in accordaxa~ with the Conditions of thc
Contraot. The City, by allowin~ Contraclm- to continue with said oonaU~tion after the
gme for its completion hereinbefore stated ~ not deprive City of the right to exercise'
any option in this AEreement contslned nor shall it operate to alter any other t~rn of this
ii~ $1-02~3
The Contractor shall file with the Procurement Director of said City of Miami Beach a
Performance and Labor and Material Payment Bond, each in the amount of 100 percent
of Contract Amount, in the form as set forth herein or as otherwise approved by the City
of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent
authorized to do business in the State of Florida.
The Contractor shall file Insurance Certificates, as required, and they must be signed by a
Registered Insurance Agent licensed in the State of Florida and approved by the City of
Miami Beach Risk Manager.
All documents shall be executed satisfactorily to said City and until Bonds and Insurance
Certificates have been filed and approved, this Contract Agreement shall not be effective.
10.
Owner shall pay Contractor for perfm,nance of the Work in accordance with the Contract
Documents in current funds at the lump sum or unit prices presented in the Bid Proposal,
attached to this Agreement. The parties expressly agree that the Contract Price is a
stipulated sum except with regard to the items in the Bid which are subject to unit prices.
Contract Price: $39,200
11.
The Contract Documents which comprise the entire Agreement between City and
Contractor are attached to this Agreement and made a part hereof.
The Contract Documents may only be amended, modified or supplemented as provided
in the General Conditions.
IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor
of the City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City
Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be
signed it its name.
T ~ ~ ~ ~,- ~r I ~- (SEAL)
Contractor
(Authorized Corporate Officer)
EACH
Title
ATTEST:
City Clerk FORM & LANGUAGE
& FOR EXECUTION
ITB 51-02/03
Agreement Page 3of3
Date
This is the frontpage of the performance/payment bond issued in compliance with
Florida Statute Chapter 255.05
Surety Name:
Bond Number:
Contractor Name:
Owner Name:
Developers Surety & Indemnity Company
150 S. Pine Island Rd, Ste 115
Plantation, FL 33324
954-693-0270
531925P
Thermo Airlnc.
2875North29thAvenue
Hollywood, FL 33020
954-927-9333
City of Miami Beach
City Hall, 1700 Convention Center Drive
Miami Beach, FL 33139
305-673-7495
Project Number:
Project Description:
Invitation Bid #51-02/03
Smoke Evacuation Fans & Dampers Replacement at
the Police Station
Project Address: City of Miami Beach, Miami-Dade County, FL
Legal Description of Property:
Smoke Evacuation Fans & Dampers Replacement at
the Police Station
This is the frontpage of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
Bond No.531925P
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA )
ss
COUNTY OF )
Miami-Dade
~OW ALL MEN BY THESE P~SENTS that we, Thermo Air, Inc.
as Principal, hereinafter called Contractor, and
Developers Surety & Indemnity Company as Surety, are firmly bound unto the City of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum o~!r~:y ]N~.n_§
Dollars ($ 39,200.00 ), for the payment of which sum well and truly ~ugg'~d%','~v~i~
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Contractor, on the 26tlzlay of December ,20 03 , entered into a
certain contract with the City, hereto attached, for BID# 51-02/03, Entitled, "SMOKE
EVACUATION FANS AND DAMPERS REPLACEMENT AT THE POLICE STATION"
which Contract is made a part hereof by reference thereto.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that,
if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said
Contract that may hereafter be made, notice of which modifications to the Surety being hereby
waived, then this obligation shall be void; otherwise to remain in full force and effect.
WHENEVER the Principal shall be and is declared bythe City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City
having performed the City's obligations thereunder, the Surety shall:
Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and
the Surety of the Iowest responsible Bidder, arrange for a Contract between such
Bidder and the City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts of
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The term "balance of the Contract
price" as used in this paragraph, shall mean the total amount payable by the City
to the Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City to the Contractor.
ITB 51-02/03
PERFORMANCE BOND (contd.)
No fight of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it hmmless of,
from and against any and all liability, loss, cost, damage or expense, including reasonable
attorneys fees, engineering and architectural fees or other professional services which the City
may incur or which may accrue or be imposed upon it by reason of any negligence, default, act
and/or omission on the part of the Contractor, any Subcontractor and Contractor's or
Subcontractors agents, servants and/or employees, in, about or on account of the Construction of
the work and performance of said Contract by the Contractor.
This Bond shall remain in full force and effect for such period or periods of time after the
date of acceptance of the project by the City as are provided for in the Contract Documents, and
the Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the
terms of the Contract Documents. If no specific periods of warranty are stated in the Contract
Documents for any particular item of work, material or equipment, the Contractor hereby
guarantees the same for a minimum period of one (1) year from the date of final acceptance by
the City of the entire project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 26th day of
December ., 20 03
ITB 51-02/03
PERFORMANCE BOND (Contd.)
WITNESS:
PRINCIPAL: N/A
(If sole Proprietor or parmership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
Thermo Air, Iflm.
(C°rp?~. ~tame~/
(F/r~sident)
Attest:~
(Secretary)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
(Co1~3~ of Agent'~ current
License as issued by State
of Florida Insurance
Commissioner
Michael Bonet
(CORPORATE SEAL)
SURETY:
Developers Sumety & Indemnity Company
Attorne~y-in~fact
Michael ~et
(Power of Attorney must be attached)
ITB 51-02/03
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, ~n', '~u~?~'. , certify that I am the Secretary of the Corporation named as
Principal in the foregoing, bond; that ~,.l&~'t~ ~a[a~ who signed the said bond on
behalf of the Principal, was then '"~r~¢{~.o,~ of said Corporation; that I know
his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
~ Corporate Secretary Seal
STATE OF FLORIDA )
COUNTY OF )
Bro~rd
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Michael Boner to me well known, who being by me first duly sworn
upon oath, says that he is the Attorney-in-Fact, for theDevelopers Surety & Indemnity and
Company
that he has been authorized by Developers Surety & Indemnity to execute the foregoing
Company
bond on behalf of the Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and sworn beforeme this 26th day of December ,20 03 A.D.
(Attach Pow er of Att orn ey)
State of Florida-at-Large
My Commission Expires: October I0, 2007
I ~/.tv~. Official Seal
4~2'1f~ CARMEN E. PILLOT
~f~.~ N~'ta~ Public, $t~ ~ Flerl~
~ My ~m. Expir~ ~ 10, 2~7
' -v No. OD 236838
ITB 51-02/03
LABOR AND MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
BY THIS BOND, We, Thermo Air, Inc. , as Principal, and
Developers Surety & Indemnityas corporation, as Surety, are bound to the City of Miami
Company
Beach, Florida, as obligee, herein called City, in the sum of $ 39,200.00
Thirty Nine Thousand Two Hundred and X){/lO0 Dollars
for the payment of which we bind ourselves, our heirs, personal representatives, successors and
assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat.,
supplying Principal with labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that the City sustains in enforcement of this bond.
Perfoims the guarantee of all labor and materials furnished under the contract for the time
specified in the contract, then this bond is void, otherwise it remains in full force.
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.
The provisions of Section 255.05, Fla. Stat., are specifically adopted by reference and
made a part hereof for the purposes specified therein.
The contract datedNovember 25, 2003between the City and Principal is made a part of
this Bond by reference.
Claimants are advised that Section 255.05, Fla. Stat., contains notice and time limitation
provisions which must be sthctly complied with.
ITB 51-02/03
LABOR AND MATERIAL PAYMENT BOND (contd.)
IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be
executed by their appropriate officials of the 26th day of
December _,20 03
WITNESS:
PRINCIPAL: N/A
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
(C~py of Agent's current
Licl(nse as issued by State
of Florida Insurance
Commissioner
Michael Bonet
~hermo Air, Inc.
(F/resident)
Attest:~
(Secretary)
(CORPORATE SEAL)
SURETY:
Developers Surety & Indemnity Company
By:
Attorney-in-fact
Michael Bonet
(Power of Attorney must be attached)
ITB 51-02/03
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, '~m , certify that I am the Secretary of the Corporation
named as Principal in the foregoing bond; that ~. i~e~.Q,~[Ag who signed the said
bond on behalf of the Principal, was then '3~_~ of said Corporation;
that I know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
~~~ Corporate
'5~retary ' ' Seal
STATE OF FLORIDA )
COUNTY OF ) Broward
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Michael Bo~et
to me well known, who being by me first duly
swam upon oath, says that he is the Attorney in Fact, for
the Developers Surety & Indemni~;y and that he has been authorized by
company
Developers Surety & Indemnity to execute the foregoing bond on behalf of the
Company
Contractor named therein in favor of the City of Miami Beach, Florida.
Subscribed and swam before me this 26th day of December , 20 03
A.D.
(Attach Power of Attorney)
My commission Expires
Notary Public
State of Florida-at-Large
0ctoberrl0,Z2007
ITB 51-02/03
..... Official Sul I
[, CARMEN E. PILLOT
NotaP/Public, Stat. of Florida
My Comm. Expires October 10, 2007
No. DD 236838
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified hnes of property
and casualty insurance, including surety insurance. The Act does not, however,
create coverage in excess of the amount 0fthe bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law.
No additional premium has been charged for the terrorism coverage
required.by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine, CA 92614
(949) 263 3300
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRV1NE, CA 92623 · (949) 263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and appoint:
*** Michael A. Holmes, Gerald 3. Arch, Michael Boner, jointly or severally ***
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and
contracts of suretyship giving and granting unto said Attcrney(s)-in-Fact tull power and authority to do and to perform every act necessary, requisite or proper'
to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of
said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is,
authorized to execute Powers of Attorney, qualifying the Attomey(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds,
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
1N WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November, 2001.
By:
David H. Rhodes, Executive Vice President
By:
Walter A. Crowell, Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the
instrument.
Signature
WITNESS my hand and official seal
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate.
This Certificate is executed in the City of hv ne, California the 26thtay of De cember , 200__~_3
David G. Lane, Chief Operating Officer
ID_-1438 4DSl)_(_I.ldfll ) .............................. 2_2 .................................................................
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