HomeMy WebLinkAboutReso 2009-1434
RESOLUTION NO. 2009 - ~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AWARDING RFQ NO. 09-03-01
FOR PROFESSIONAL CONSTRUCTION SERVICES FOR THE
HERITAGE PARK AND PARKING GARAGE, ATTACHED
HERETO AS EXHIBIT "A", TO COASTAL CONSTRUCTION
COMPANY; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND ENTER INTO AN AGREEMENT WITH
COASTAL CONSTRUCTION COMPANY, IN SUBSTANTIALLY
THE SAME FORM, IN THE AMOUNT NOT TO EXCEED NINE
MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS
($9,250,000.00), AS THE AGREEMENT ATTACHED HERETO AS
EXHIBIT "B", PROVIDED THAT AGREEMENT IS APPROVED AS
TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY;
FURTHER, PROVIDING THE CITY MANAGER WITH THE
AUTHORITY TO DO ALL THINGS NECESSARY TO
EFFECTUA TE THE TERMS OF THIS AGREEMENT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach issued Request for Qualifications No. 09-03-01
for Professional Construction Services for the Heritage Park and Parking Garage; and
WHEREAS, the City received twenty-one (21) responses to said RFQ, which were reviewed
by the City Manager and his staff to narrow the responses down to three finalists, Coastal
Construction Company, The Haskell Company, and Pavarini South East Construction Co., Inc.; and
WHEREAS, Coastal Construction Company, is being recommended by the City Manager as
the most qualified and responsive contractor; and
WHEREAS, the City wishes to enter into an agreement with Coastal Construction Company,
which the City Manager will further negotiate, in substantially the same form and in the amount not
to exceed Nine Million Two Hundred Fifty Thousand Dollars ($9,250,000.00) as the agreement
attached hereto as Exhibit "B"; and
WHEREAS, the final negotiated agreement will be reviewed as to form and legal sufficiency
by the City Attorney.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2.
Award of Request for Qualifications. The City Commission hereby awards Request
R2009- _Heritage ]ark _and ]kg_ Garage _ Construction_ AgnnU RFQ_ 09-03-0 I )[ I ]
Page I of2
for Qualifications No. 09-03-01 for Professional Construction Services for the Heritage Park and
Parking Garage to Coastal Construction Company.
Section 3. Authorization of City Manager and City Attorney. The City Manager is hereby
authorized to negotiate and enter into an agreement with Coastal Construction Company for RFQ 09-
03-01 for Professional Construction Services for the Heritage Park and Parking Garage, in
substantially the same form and in the amount not to exceed Nine Million Two Hundred Fifty
Thousand Dollars ($9,250,000.00) as the agreement attached hereto as Exhibit "B", provided that
agreement is approved as to form and legal sufficiency by the City Attorney.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of June 2009.
~JJ,
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( , ~:rT.EST: ' ,
'.: B--"" (" I \.~
-~,,(y;, ~ ~ ~
-.-,lane'p"'. Hines, CMC, City Clerk
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- .., .~ .
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APPROVED AS TO FORM
AN E FICIENCY:
V otc: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
--1.L- (Yes)
V(Y es)
V(Yes)
V(Yes)
~(Yes)
Moved by: Cn~ tS~<i::z..laJ
Seconded by: ,,\~ MG-~V" ~l\l.teR.
_(No)
_(No)
_(No)
_(No)
_(No)
R2009- _Heritage ]ark_ and ]kg_ Garage_Construction _ AgrmU R FQ_ 09-03-0 I )[ I ]
Page 2 of2
-
II Coastal
May 22, 2009
Rick Conner
Acting City Manager
City of Sunny Isles Beach
18070 Co llins Avenue
Sunny Isles Beach, Florida 33160
Dear Rick:
Coastal is pleased to submit the attached proposal for the Heritage Park Project.
We feel this is a great project for an already great city.
Coastal has enjoyed our working relationship with the City of Sunny Isles Beach over the past
eighteen years. We look forward to becoming a member of your team on this interesting and
beautiful project.
Sincerely,
COASTAL CONSTRUCTION COMPANY
Edward D. Fallin
Vice President
Exhibit "A"
Coastal Construction Company
5959 Bluc Lagoon Drivc
Suite 200
Miami, Florida 1JI26
305 559 4900 Telcphonc
305 221 5005 Facsimilc
BID FORM
PROJECT NAME: SUNNY ISLES HEIUTAGE PARK
BID TO:
CITY OF SUNNY ISLES BEACH
19250 Collins Avenue
Sunny Isles Bench, FL 33160
BID FROM: Coastal Construction
Pursuant to and in compliance with the Instructions to Bidders, the undersigned, hereinafter culled the
"Bidder", having visited the site of the proposed Project and having become familiar with local conditions,
nature and extent of the work and having examined carefully the Drawings and Project Manual prepared by
Spillis Candela DMJM, hereby offers to furnish all labor, materials, supplies, equipment and other items,
facilities and services necessary or propcr for or incidental to complete Bid items within U1C times indicated
in this Bid Form and as required by and in strict accordance with all the requirements and provisions listed
in Article 2 - The Work of this Contract, of the Standard Form of Agreement between Owner and
Contractor, AlA Document A I 0 1-2007.
In submitting this Bid, Bidder agrees that he is familiar with Federal, state and local laws and regulations.
The Bidder understands that the right is reserved by the Owner to reject or accept any or all of the Bid
Items. If Bidder is notified of acceptance of this Bid within sixty (60) days after the opening thereof, the
undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required
performance and payment bonds for not less than 100% of the total contract sum, und furnish required
evidence of the specified insurance requirements within seven (7) days after the Agreement is presented to
him for signature. The Surety providing the Payment and Performance Bond shall be rated "A" or better
by the most recent issue of "Best" rating service, and Surety must be acceptable to the Owner.
ADDENDA
Bidder agrees he has received the following Addenda receipt of which is hereby acknowledged:
Dllte:
05/19/09
Number:
Addendum #1
BID FORM-Page I
Bidder will complete the Work in accordance with the Contract Documents for the following Bid Items:
BID ITEM NO.1: PARKING GARAGE CJ A
Stipulated Sum Bid of:!7IK IAlLUoN f.JlfJ t;; /hA)J~ ~dvl( Dollars ($ h, q '2 ,03...,
/-J(1Je nf-,IIt-~,Ih./~ T1ft4-TY) Gt~tff"
~
Bid Alternate: Exterior V systems fabricated from
Composite Metal Panels instead of Exterior V System with
~d cement plaster-Stucco finish and pain~?Jf 1/)
(Add) educt) Dollars ($..lZ...tJl)v )
I
Bidder agrees to substantially complcte the Work of Bid Itcm No. I
by ~ calcndar days from Noticc to Proceed.
BID ITEM NO.2: DRIVE WAY FROM GARAGE TO 1931lD STREET
Unit ofMeasurc: LineaJ Foot. Estimated Quantity_
Stipulated Sum Bid of: ~ g.,..p~ J:~ J..)/pG Dollars ($ ';2 71, /tJ / )
?1# vt ~A7V I) t1 vir /fvr t91L1t5 '
Bidder agrees to substantially complete the Work oflhis Bid Item by
If~ calendar days from Notice to Proceed.
~t)
BID ITEM NO.3: PARK
Stipulated Sum Bid of: 7Jw /L.4~~1." R~ /f;AA/,) rlA?7) Dollars ($ "2 S-Zr. f!j66
J7V~7 p,vI; ?}ffV'-S4-U Yt~H7 ~/)MPd b/~r"'1 tJJ./b
Bidder agrees to substantially complete the Work of this Bid Item by
1!f1 calendar days from Notice to Proceed.
TOTAL PRICE of Bid Items No.1, No.2 and No.3
,tg/-G Mot I/V(f)LI $-~ /!YzV,;rtQ/J J:11~
$1/ 7:; r; ~tJ())
l7AM- hhvf)
~ollars
UNIT PRICES
Refer to Section 0 12200 - Unit Prices for detailed description of Unit Priccs.
If the required quantities of the item listed below are increased or decreased by Change Order, the
adjustment unit prices set forth below sh.111 apply to such increased or decreased quantities.
Item
No.
Desie:nation
Units of
Measure
Units of
Priee (Dollars/Cts)
No.1:
la.
lb.
Ie.
Id.
Ie.
J f.
Canopy Trees
Bambusa textilis
Bursera simaruba 12 '
Bursera simaruba 20 I
CoceoJoba uvifem
Delonix regia
Ficus aurea
HT
OA
Each
Each
Each
Each
Each
Eaeh
$ 582.97
$ 147.97
$ 695.69
$ 120 . 64
$ 347.38
$ 788.64
BID FORM-Page 2
I g. Lysiloma sabiclI Each
I h. Nolina rccllrvata
No.2 Accent Trees
2a_ Conocarpus crcc1us 'scriceus'
2b. Guaicllm officinale
2c. Pandanus utilis
2d. Senna polyphylla
No.3:
3a.
3b.
3c.
3d.
3e.
3f.
3g.
3h.
3i.
3j,
3k.
No.4:
4a.
4b.
4c.
4d.
4e.
4f.
4g.
411.
4i.
4j.
4k.
41.
4m.
Each
Each
Each
Each
Each
Palms
Bismarckia nobilis Each
Cocos nucifera 'Green Malayan' Each
Cocos ll11cifera 'Green Malayan' Each
Cocos nucifera 'Green Malayan' Each
Ptychosperma clegans Each
Sabal Palmetto - 10 I CT Each
Saba! Palmetto -15' CT Each
Sabal Palmetto - 2 0' CT Each
Sabal Palmetto - 25' CT Each
Sabal Palmetto - 30 I CT Each
Thrinax radiate Each
Shrubs
Crinum Angustum Each
Chrysobalanus icaco 'horizontal' Each
Clusia guttifera Each
Crinum asiaticum Each
Hamelia patens 'Compacta' Each
Monstera deliciosa Each
Muhlcnbergia capillaris Each
Myrcianthes fragrans
Nephrolepis falcata
Psycho tria nervosa
Serenoa repens 'Silver'
Tripsacum dacty]oides
Solidago gigantca
Each
Each
Each
Each
Each
Each
No.5-Ground Covers
Sa. Argusia gnahalodes Each
5b. Asclepias tuberosa Each
5c. Batis maritima Each
5d. Ernodea Iittoralis Each
5e. Ficus microcarpa 'Green Island' Each
Sf. Flaveria Jinearis Each
5g. Microsorum scoJopendrium Each
5h. Paspalum vaginatum
'ScaDwarf Seashore'
Philodendron 'Burle Marx'
Stachytarpheta jamaicensis
Zamia pumila
Si.
Sj.
Sk.
Each
Each
Each
Each
$ 196.64
$ Not on Plan
$ 68.22
$227.10
$ 459.31
$ 62.11
$1,123.03
$ 1,480.75 Coconut Palm 18'
$ 1, 956. 99 Coconut Palm 24'
$2,738.82 Curved Green 18'
$418.51
$166.79
$..1&6.76
$179.06
$179.04
$179.04
$ 295.04
$ 23.80
$ 7.24
$ 6.33
$ 25.01
$ 5.41
$ 6.33
$ 5.41
$ 6.02
$ 2.81
$ 6.02
$ 14.33
$ 5.41
$ 3 .11
$ 18.85
$ 6.33
$ 4.65
$ 2. B1
$ 5.41
$ 3.42
$ 3.42
$ O. 5B
$ 6.03
$ 5.71
$ 12. 31
BID FORM-Page 3
No.6 - Vines
6a. Thunbergia grandiflora Each $ 10.30
No.7-Soils and Soil Amendments
7a DIEHARD for Shrubs and
Groundcovers Oz $ 0.31
7b. DIEHARD for new Trees Oz $ 0.31
7c. DIEHARD for new Palms Oz $0.31
7d. DIEHARD for Relocated Palms Oz $ 0.31
7e. Planting Soil Mix CY $38.65
7f. Mulch CY $ 43.21
7g. Tree removal Each tree $ 200.00
71t. Palm removal Each palm $ 130.55
7i. Palm Relocation Each tree $203.79
7j. Existing trees to remain
Protection Each tree $ 10.00
7k. Aluminum landscape edging LF $ 7.12
71. Gravel path SF $ 0.65
No.8 - Irrigation
Ba. Unit price to include all components
of Irrigation System
No.9 - Pavement
9a. Standard concrete: SF
9b. Integral color concrete: SF
9c. Concrctc curbs: LF
ge. Concrete pavers: SF
9f. Engraved concrete pavers: Each
9g. Stainless steel/TerraZ7.o
paving inserts: Each
9h. Stone band and flagging at
concrete edge paving: SF
9i. Stone flagging path: SF
9j. Stone curb/edging: LF
9k. Exfiltration pits
(in stone flagging): Each
91. Stone pcbble: SF
9m. Trap Sand (sand pits): CY
9n. Ipc (FCS certified wood): SF
90. Playground safety surface: SF
9p. J\I)A detectable
warning surface: SF
No. 10 - Stairs and Ramps
lOa. Concrete stairs: LF
lOb. Stainless steel stair handrails:
IOc. Stainless steel ramp handrails:
Each
Each
$ 54,691. 00
$ 5.00
$ 6.50 through $13.50
$ 1113.50 II
$ 14.97
$ TBD
$ 2,335
$ 17.25
$ 18.73
$ 8.45
$ 18.73
$ 0.37
$ 1. 91
$ 34.57
$ 21,186
$ 10.00
$ 50.00
$ 617.00
$ ',487
BID FORM-Page 4
No. 11 - Walls
11a. Stone veneer seat-wall
with overhang: SF $ 20.80
lIb. Stone veneer walls & columns: SF $ 20.80
Ilc. Tile veneer walls: SF $ 20.80
lid. Wall sign: Each $ See Allowance
lie. Concrete wall
(at sand play area): SF $ Varies
11 f. Cullimerock boulder walls: LF $ 28.49 SQ FT
11 g. Limerock boulders (+/- 3 'x3'): Each $ 28.63
11h, Limerock boulders (+/- 4 'xs'): Each $ 40.41
No. 12 - Fencing
12a. 6 ft. high Pickel Fence: LF $ 43.00
12b. 8 ft. high Gates: Each $ 1. 300
12c. lOft. high Gates at ramps: Each $N/A
No. 13-Sitc Lighting. Unit price to include all components.
13a.
l3b.
13c.
l3d.
13e.
13f.
I3g.
13h.
13i.
13j.
I3k.
131.
13m.
13n.
130.
13p.
13q.
13r.
Concrete wall recessed light: Each
Wall light (neon): Each
Lighting pole: Each
Precast concrete recessed light
(path lights & enclosures): Each
Uplight fixture: Each
Shelter fixture: Each
Bollard: Each
Spotlight on boat mast (pole): Each
Spotlight on boat mast (ground):Each
Access road lighting poles: Each
Uplight tensile canopy: Each
South area lighting poles: Each
Flagpole uptight: Each
Sundial uplight & precast
sundial markers/light enclosures:Each
Transformers: Each
Power Receptacles: Each
Code Bluc "Pedestal": Each
Code Blue "Wall mounted": Each
No. 14 -Playground Equipment
14a. Unit price to include all components.
No. 15 - Playground Shade Structure
Isa. Unit price to include all components.
No. 16 - Fossil Dig-Unit price.
16a. Fossil structures:
Each
No. 17 - Sand Play Area (at Sail Structure)
17a. Amusement Nets: Each
$149.43
$ 73.03
$ 3,889.56
$ 149.43
$ 196.61
516.84
$859.47
$ 752.75
$ 954.97
$ 2,044.77
$ 849.36
$ 2, 044 .77
$626.91
$ 264.02
$ 544.89
$ 125.00
$ N/A per Note 1 on page E2. 2.01
$N/A per Note 1 on page E2.2.01
$ 66,078
$ 30,419
$917.93
$12,525
BID FORM-Page 5
No. 18 - Sail Structure
18a. Unit price to include all components
(sails, masts/structure, footings, cables, etc.)
No. 19 - Site Furniture
19a. Cabana/Shelter Structures:
19b. Precasl Lugo Mare Bench:
1ge. Precast Slope Bench:
19d. Precasl Nigra Chair:
1ge. Table with Umbrella:
I 9f. Table Chairs:
199. Picnic Tables and Benches:
1911. Flag Poles:
19i. Bike Racks:
19j. Trash Receptacles:
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
$ 695,850
$ 17,250
$ 6,338
$ 2,662
$ 839
$ 3,560
$ 380
$ 2,885
$ 3,315
$ 320
$_1,824
The following documents are attached to and made a condition of this Bid:
a) Required Bid Security in the form of 5 % Bid Bond At tached
b) Required Contractor's Qualification Slatement with supporting data per AlA AJ05
The stipulated sum bid items include, but are not limited to:
a) All payments to be made by Contractor to its independent contractors, subcontractors,
suppliers, materialmen and employees;
b) The costs and expense of application for obtaining all necessary governmental permits,
licenses, insurance, and bonds which may be required in connection with the performance of
the Work;
c) All federal, state, county, municipal, and other taxes imposed by law and based upon labor,
services, materials, equipment or other items acquired, performed, furnished or used for or
in connection with the Work, including but not limited to sales, use and personal property
taxes payable by or levied or assessed against the Owner, Contractor or Subcontractors.
Whether the law requires any such taxes to be stated and charged separately, the total price
of all items included in the Work plus the amount of such taxes shall not exceed the
stipulated lump sum bid items.
Before commencing with allY work, the Bidder shall comply with all requirements of insurance and bonds
as defined in the contract documents. Delays in complying with the requirements will not result in an
extension of the completion date.
Failure to satisi)r the Bond and Insumnce provisions of the Contract Documents are deemed a material
breech of this contract.
BID FORM-Page 6
The Bidder further agrees to pay as liquidated damages, the sum of aclual losses incurred by the Owner
for each consecutivc calcndar day therealter, as stated in Document 007300 - Supplementary Conditions.
Bidder attaches bid security in the form of a surety bid bond or a cerLified check in thc amount of at least
5 percent of the Bid Sum.
Bidder agrees that this bid will not be withdrawn until sixty (60) days after the bid opening date.
( ) Individual
( ) Partnership
00 Corporation
Coastal Construction of Monroe, Inc. d/b/a
Finn Name Coastal Construction Company
Addrcss
5959 Blue Laqoon Drive Suite 201
Miami. FL 33126
Telephone No. 305-559-4900
License No. QB0004104_ <,,/?e Expiration Date August 31,
Signature ~ ~ Title Vice President of
----
Namc Typed Tom C. Murphy
2009
Pre-Construction
Sea)
(If a Corporation)
BID FORM-Page 7
II Coastal
Heritage Park and Parking Garage
Sunny Isles Beach, Florida
May 22, 2009
Schedule & Mobilization Narrative
. Coastal would, upon being selected as the contractor of record, negotiate the major
subcontracts and be prepared to start work immediately following the notice to
proceed.
. Site clearing and earthwork will commence within two days of the NTP.
. The auger-cast test pile work will commence two to four days following the NTP. It
will take approximately two weeks to complete the test pile and two weeks to
complete the production pile work. We plan on picking up time by installing
production piles during the test period, however that will not be able to be
determined until the pile work commences and the subsurface conditions are better
understood.
. The dewatering system will be installed during the pile drilling. The piles will be cut
to elevation and the foundation work will commence immediately thereafter.
. The garage will receive a TCO 10 months from the NTP as indicated in the overall
construction schedule. Please note the red line on the schedule indicates the critical
path activities. The critical path currently runs through the piling, foundations, and
the garage structure up through the 5th floor post tensioned slab at which point it
moves to the exterior finishes including the exterior framing/stucco and aluminum
framing and fiberglass screens finishing up through the barrier cables. We will
request a partnering session with the City and the consultants to assure we are able
to have the submittals and approvals received timely and within the framework of
the schedule.
. At TCO Public Works will be moved into their new offices on the ground floor of the
garage and the existing Public Works building will be demolished to allow completion
of the park.
. The major portion of the park work will commence following the TCO on the garage
and take roughly 2 months to complete. The existing hotel parking will then be
moved to the garage. The time to complete the park will be reduced significantly if
the option to reduce the scope of the park work is exercised.
. How "quickly we will turn dirt" after the NTP is reflected in the schedule under
sections AWARD SUBCONTRACfS, SUBMmALS, and FABRICATION & DEUVERY.
Note that some of the trades such as piling, with earlier start dates, will require
expedited submittal review from the design team. The durations shown on the
schedule are shown as "work days" with five (5) work days equaling one (1) week.
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II Coastal
Heritage Park and Parking Garage
Sunny Isles Beach, Florida
May 22, 2009
Logistics and Alternatives
. We would not propose a change in the garage as currently designed as a cast-in-place
concrete structure. We feel it can be constructed in the same period of time and as cost
efficient as an alternate design. We also feel that it will save time and money to not have
to re-permit and approve a new design. This time element alone offsets any cost savings
that may result from an alternate design.
In addition, a cast-in-place garage will be easier to maintain over time than, say a pre-
cast garage.
. We have attached site logistics and overlay plans that indicate intended construction
access and traffic flow in and around the site. In addition there are some three
dimensional views of the project included to better understand the work involved.
. We understand the requirement for maintaining the existing hotel parking for the
duration of construction of the parking garage and will work with the City to utilize
parking around the existing Public Works building as needed during site work operations.
. The main access to the project will be off 193rd street (Galahad Dade Boulevard) from
Collins Avenue. We will clean and maintain this road throughout construction and assure
access to the Ocean Reserve Condominiums and Public Works is not disrupted in any
way. As safety is one of our major concerns, we will provide an OSHA trained flagman at
the site access gate to control construction traffic.
. We intend to utilize mobile cranes and forklifts to erect the structure and not tower
cranes. This will eliminate any safety concerns along Lehman Causeway and additional
foundation work.
. Since the actual subsurface conditions are impossible to determine prior to foundation
excavations we have included an allowance of $45,000 for dewatering during the
construction of the garage. If the specified supplier is used $300,000 must be added to
Coastal's price.
. We feel that the price provided by the specified supplier of the Sailboat Feature is cost
prohibitive and have, therefore, included an allowance of $400,000 based on a quote
from an alternate source for a similar design.
. It is our opinion that the City would benefit from a meeting with the contractor and
design team to discuss potential alternative designs in the following areas:
l.Use painted pre-cast concrete in lieu of metal framing and plaster cladding on the
exterior "V System" with a potential savings $ 150,000. In addition, we feel this will
greatly reduce building maintenance and upkeep.
2. Eliminate the "V System" on the South and West elevations of the garage, potential
savings $ 150,000
3.Use site-cast concrete in lieu of steel stairs for the two main stairwells. potential
savings $ 75,000
4. Alternate source for sailboat structure. Potential savings $ 250,000.
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E Coastal
Heritage Park and Parking Garage
Sunny Isles Beach, Florida
May 22, 2009
Base Park Alternate
. Provide a "Base Park" option which will include the driveway leading to
the Garage as defined in the base bid pricing, the Park Area as a sodded
and irrigated open field surrounded by six foot (6') high fence.
Add to Bid Item #1 - Parking Garage:
$243,968.00
TO:
FROM:
DA TE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
MEMORANDUM
Rick Conner, City Manager ~
Hans Ottinot, City Attorney ~
July 8, 2009
Final Version of the Heritage Park Construction service Contract
City Commission
Nonnan S. EdeIcup, Mayor
Lewis Thaler, Vice Mayor
Roslyn Brezln, Commissioner
Gerry Goodman" Commissioner
George "Bud" SchoU, Commissioner
Rick Conner, City Manager
Hans Ottinof, City Attorney
Jane A. Hines, CMC, City Clerk
Pursuant to your request, please find attached the final revised version of the Heritage Park
Construction Service Contract. Please review and provide me with any comments.
Attachment/
,--
CONSTRUCTION SERVICE CONTRACT
THIS AGREEMENT is made and entered into this lb-+tay ~U L'f
of 2009 by and between the City of Sunny Isles Beach (the "City") and Coastal
Construction of Monroe, Inc. dba Coastal Construction Company, a Florida
Corporation (the "Contractor").
WITNESSETH:
WHEREAS, the City issued Request for Qualifications No. 09-03-01 ("RFQ") for
Professional Construction for the Heritage Park and Parking Garage and Contractor was
selected as the lowest responsible, responsive bidder, whose bid best served the
interest of and represented the best value to the City in conformity with the criteria set
forth in Section 62-8 of the City Code, to perform the professional construction services;
and
WHEREAS, the Contractor represents to the City that it possesses the requisite
qualifications, expertise and licenses to perform the professional construction services;
and
WHEREAS, the City Commission has determined that it is in the City's best interests
to enter into and approve this Agreement with the Contractor for the Project.
NOW THEREFORE, in consideration of the foregoing, and the mutual
covenants and compens~tion set forth herein, the City and Contractor agree as follows:
ARTICLE 1. DEFINITIONS
Agreement means this Agreement together with the Contract Documents.
Bond(s) means the Payment Bond and the Performance Bond issued by a surety or
sureties in accordance with the provisions of the Contract Documents.
Commencement Date means the date on which Contractor commences on-site
construction of the Project, but in no event later than five (5) days after the City's
issuance of a Notice to Proceed.
Contract Amount means the total sum of monies which has been agreed to between the
Contractor and the City as the total price for the construction of the Project and the
performance of all services under this Agreement.
Contract Documents means this Agreement, the Request for Qualifications, any
Addenda to the Request for Qualifications, the Successful Contractor's response to the
Request for Qualifications, the Bid Plans and Specifications prepared by Spillis-
Candela-DMJM, as well as the documents specifically identified in Article 14 below.
Contract Time means the time period defined in this Agreement for the Contractor to
complete the Work.
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Contractor means the Successful Contractor selected by the City to provide all labor,
materials, equipment, and services to complete the Work described in the Contract
Documents.
Contractor Project Manager means the person designated by Contractor as its lead
representative to the City. The Contractor Project Manager shall have the authority to
obligate and bind the Contractor and to act on all matters on behalf of Contractor except
for revisions to the Contract Documents and Change Orders.
Construction Change Directive means a written directive to effect changes to the
Work, prepared by and executed by the City.
Construction Schedule means a critical path schedule or other construction
schedule, as defined and required by this Agreement.
Construction Work means all Work required by this Agreement for the construction of
the Project. The Construction Work s also referred to herein as the "Work".
Cure means the action taken by the Contractor, promptly after receipt of written notice
from the City of a breach of the Agreement, which shall be performed at no cost to the
City, to repair, replace, correct, and/or remedy all material, equipment, or other
elements of the Work or the Agreement affected by such breach, or to otherwise make
good and eliminate such breach, including, without limitation, repairing, replacing or
correcting any portion of the Work or the Project site disturbed in performing such cure.
Cure Period means a period of thirty (30) days, after receipt of written notice to cure
from the City, in which the Contractor is required to cure deficiencies in the Work or
compliance with this Agreement or the Contract Documents.
Drawings means the graphic and pictorial portions of the Work, which serve to show
the design, location and dimensions of the Work to be performed, including, without
limitation, all notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work
requested by the City, which is minor in nature and should not involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at
which time the Contractor has completed all the Work in accordance with the
Agreement as certified by the City and submitted all documentation required by the
Agreement. Final Completion shall be evidenced by the City's issuance of a Final
Certificate for Payment.
Insurance Requirements means the requirements described in this Agreement and the
Contract Documents.
Notice To Proceed means a written letter or directive issued by the City directing that
the Contractor may begin Work on the Project or a specific task of the Project.
Project Manager means an employee or representative of the City assigned to manage
and monitor the Work to be performed under this Agreement and the construction of the
Project.
Project means the construction and incidentals thereto, of the project entitled RFQ
09-03-01 Professional Construction Services for the Parking Garage driveway connection
from 193rd Street, and associated landscape and irrigation work, as described in the
Contract Documents.
Project Site means the area for the Heritage Park and Parking Garage, more fully
described as the four (4) acre facility bounded by Collins A venue on the east, Lehman
I"
Causeway on the south, Gallahad-Dade Road (193rd) on the north, and the Ocean View
residential development on the west.
Punch List means a compilation of items of Construction Work required to be performed by,
or through the Contractor after the Substantial Completion inspection and prior to Final
Completion and payment.
Request For Information (RFI) means a request from the Contractor seeking an
interpretation or clarification by the City relative to the Agreement and/or the Contract
Documents. The RFI, which shall be clearly marked RFI, shall clearly and concisely set
forth the issue(s) or item(s) requiring clarification or interpretation and why the response
is needed. The RFI must set forth the Contractor's interpretation or understanding of the
document(s) in question, along with the reason for such understanding.
Schedule of Values means a written schedule setting forth the detailed and itemized cost
breakdown, inclusive of labor, material, and taxes of all elements comprising the Work.
Specifications and Plans as used herein means that portion of the Contract
Documents which are the written requirements for the materials, equipment, systems,
standards and workmanship for completion of the Work and performance of related
services, as prepared by Spill is-Candela DMJM for this Project.
Sub-Contractor(s) means a person or entity other than a materialman or laborer that
has a direct contract with the Contractor to perform or supply any portion of the Work.
Substantial Completion means that point at which the Work is at a level of completion
in substantial compliance with the Agreement such that the City can use, occupy and/or
operate the facility in all respects to its intended purpose. Substantial Completion shall be
evidenced by the City's execution of a Certificate of Substantial Completion.
Time for Completion means the date of Substantial Completion as specified in the
Contract Documents.
Work as used herein refers to all services required by the Contract Documents,
including all labor, materials, equipment, supervision and services needed to complete
the Project in accordance with the Contract Documents.
ARTICLE 1. SCOPE OF WORK
Contractor shall provide all labor, materials, equipment, tools, manpower,
management, supervision, and all other necessary goods and services to perform the
Work in the manner provided this Agreement and the Contract Documents.
ARTICLE 2. CONTRACT TIl\1E. TIl\1E FOR COMPLETION AND
LIQUIDATED DAMAGES
2.1 Time is of the essence in the performance of the Work under this Agreement. The
Commencement Date shall be no later than five (5) days after City's issuance of the
Notice to Proceed. Contractor shall perform the Work in accordance with the
Construction Schedule and shall achieve Substantial Completion of construction not later
than the Time for Completion.
2.2 Contractor shall complete all applications for the Permits within ten (10)
calendar days after execution of this Agreement. A Notice to Proceed for the
commencement of the Work will not be issued until Contractor's submission to the City
of all required documents, including, but not limited to, the Bonds, the Insurance
Certificate and the Permits. In the event Contractor fails to deliver to the City the required
documents within ten (10) days after the Execution Date, or fails to apply for the Permits
within ten (10) days after the Execution Date, or fails to commence the Work within
five (5) days after the City's Issuance of a Notice to Proceed, then Contractor shall be in
default. In such event the City, in addition to all remedies provided for an event of
Contractor's default hereunder, shall have the right to collect from Contractor all
expenses incurred by the City in the re-procurement of the Services.
2.3 Time is of the essence throughout this Agreement.
2.4 The Parking Garage portion of the Work shall be substantially complete within
Three Hundred and Thirty (330) calendar days, or by the issuance of a Temporary
Certificate of Occupancy ("TCO"), whichever event occurs first, as described in attached
Exhibit "A" incorporated herein by reference. Upon failure of Contractor to achieve
Substantial Completion of the Work by the Time for Completion, plus approved time
extensions (if applicable), Contractor shall pay to the City the sum of Two Thousand
Dollars ($2,000.00) for each calendar day after the Time for Completion plus any
approved time extensions (if applicable). These amounts are not penalties but are
liquidated damages to the City for its inability to obtain 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 the 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
Construction Work on time.
2.5 The City is authorized to deduct liquidated damages from monies due to
Contractor for Work under this Agreement or as much thereof as the City may, in its sole
discretion, deem just and reasonable.
2.6 Contractor will promptly perform its duties under the Contract Documents
and will give the Work as much priority as is necessary to cause the Work to be
completed on a timely basis in accordance with the Contract Documents. Time is of
the essence of this Agreement. All Work shall be performed strictly (not substantially)
within the time limitations necessary to meet all deadlines established in the
Construction Schedule and the Contract Documents.
2.7 All dates and periods of time set forth in the Construction Schedule and the
Contract Documents, including those for the commencement, prosecution, Interim
milestones, milestones, and completion of the Work, and for the delivery and
installation of materials and equipment, were included because of their importance to the
City.
2.8 Contractor acknowledges and recognizes that (i) the City is entitled to full and
beneficial occupancy and use of the completed Work following expiration of the Time
for Completion, and (ii) the City will schedule the opening of the Project based upon the
Contractor's achieving Substantial Completion of the Work on or before the Time for
Completion.
2.9 Contractor agrees to the assessment of liquidated damages as provided in this
Agreement.
2.10 Except for extensions approved in writing by the City, Excusable Delays, or
as otherwise specifically provided in this Agreement, the Contractor understands that the
occurrence of events of delay within the Contractor's control, shall not excuse the
Contractor from its obligation to achieve Substantial completion of the Work within the time
stipulated in this Agreement, and shall not entitle the Contractor to an adjustment of the
Contract Amount. All parties under the control or contract with the Contractor shall
include, but are not limited to, subcontractors, materialmen and/or laborers.
ARTICLE 3. EXCUSABLE DELAY
The Time for Completion may be extended by reason of an Excusable Delay. An
Excusable Delay is delay caused by circumstances (i) beyond the control of
Contractor, its Sub-Contractors, suppliers and vendors and (ii) not caused by the
negligence of Contractor, its Sub-Contractors, suppliers and vendors. Where Contractor
claims that it is entitled to an extension because of an excusable delay, it shall furnish
to the Project Manager all documentation supporting its claim, including, details of
the claim, a description of the work affected and the actual costs resulting from the
delay. Failure of Contractor to comply with this Article as to any particular event of delay
shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of
any and all claims resulting from that particular event of delay.
ARTICLE 4. NO DAMAGE FOR DELAY
In the event construction of the Project is delayed through no fault of Contractor or
Owner, it is agreed that Contractor's sole and exclusive remedy is a time extension
of the Time for Completion equal to each day the Work is so delayed. The City shall
not be liable for any delay damages or damages in any way attributable to performing
work out of sequence, acceleration claims, or other similar type claims, incurred by
Contractor or any of its Sub-contractors, arising out of or in any way associated with the
performance of this Contract. In the event Contractor is delayed in performance of the
Work by act or omission of Owner, or Owner's Agents, employees, consultants or
Separate Contractor's, Contractor shall be entitled to an equitable adjustment of the Time
for Completion and Contractor's expenses associated with the delay.
ARTICLE 5. CONTRACT AMOUNT. PROCESS
OF PAYMENTS AND FINAL PAYMENT
5.1 The City shall pay to the Contractor, for the faithful performance of this
Contract, the Contract Amount in accordance with the provisions of Article 2 of this
Agreement. The Contract Amount for the Parking Garage portion of the Work is a
guaranteed maximum price of Six Million Six Hundred Thousand Forty Dollars and Zero
Cents ($6,600,040.00) and is inclusive of the Parking Garage with exterior cast with
concrete walls in lieu of barrier cables, the revised driveway from NE 193rd Street into
the garage and landscape and irrigation work associated with the garage site only, as
described in attached Exhibit "A", incorporated herein by reference. Payment shall be
made pursuant to approved applications for payment approved by the City. Payment
shall be made within thirty (30) days after the City's receipt of Contractor's Application
for Payment, approved by the City, and accompanied by sufficient supporting
documentation, and containing sufficient detail, to allow a proper audit of
expenditures, should the City require one to be performed.
5.2 Contractor may make Application for Payment for Construction Work
completed during the Project at intervals of not more than once a month. Contractor's
Application for Payment shall include partial release(s) of liens or consent of Surety
relative to the portion of the Work, which is the subject of the Application for Payment
and any other information required by the City. Each Application for Payment shall be
submitted in triplicate to the City for approval.
5.3 Ten percent (10%) of all monies earned by Contractor shall be retained by
the City until Final Completion, receipt of closeout documents, and acceptance by the
City except that after fifty percent (50%) of the Work has been completed, the Contractor
may request a reduction in the retainage to five percent (5%) of all monies previously
earned and all monies earned thereafter. Any reduction in retainage shall be in
accordance with Section 255.078 Florida Statutes. Any interest earned on retainage shall
accrue to the benefit of the City. All requests for retainage reduction shall be in writing
in a separate stand alone document.
5.4 The City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
5.4.1 Defective Construction Work not remedied.
5.4.2 Claims filed or reasonable evidence indicating probable filing
of claims by other parties against Contractor or the City
because of Contractor's performance.
5.4.3 Failure of Contractor to make payments properly to Sub-
Contractors or for material or labor.
5.4.4
Liquidated damages and costs incurred by the City for extended
construction administration.
Failure of Contractor to comply with other provisions of this
5.4.5
Agreement.
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5.5 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, the City or its designee shall, within ten (10) calendar
days, make an inspection thereof. If the City or its designee finds 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 for Payment shall be issued by the City or
its designee, stating that the requirements of the Contract Documents have been
performed and the Work is ready for acceptance under the terms and conditions
thereof.
5.6 Before issuance of the final Certificate for Payment, Contractor shall
deliver to the City or its designee a complete release of all liens arising out of this
Agreement, or receipts in full in lieu thereof, an affidavit certifying that all suppliers and
Sub-Contractors have been paid in full and that all other indebtedness connected with the
Construction Work has been paid, and a consent of the surety to final payment; the final
corrected As-Built Drawings; the Record Set; and the final bill of materials, if
required, and Application for Payment. Contractor shall deliver the written
Contractor's and all Manufacturers warranties prior to issuance of the final
Certificate for Payment.
5.7 If, after the Construction Work has been substantially completed, full
completion thereof is materially delayed through no fault of Contractor, and the
City or its designee so certifies, the City shall, upon certificate of its designee, and
without terminating the Agreement, make payment of the balance due for that portion of
the Construction 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.
5.8 final payment shall be made only after the City or designee has reviewed a written
evaluation of the performance of Contractor prepared by the City or its designee, 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 Agreement and identified by Contractor as unsettled at the
time of the application for final payment.
ARTICLE 6. REQUESTS FOR INFORMATION (RFI)
The Contractor shall submit in writing a Request for Information (RfI) to the City or its
designee, where the Contractor believes that the specifications or drawings are
unclear or conflict. All requests must be submitted in a manner that clearly
identifies the drawing and/or specification section where clarification or interpretation is
being requested.
ARTICLE 7. FIELD DIRECTIVES
The City or its designee may at times issue Field Directives to the Contractor based
on visits to the Project site. Such Field Directives shall be issued in writing and the
Contractor shall be required to comply with such directive. Where the Contractor
believes that the directive is outside the scope of the Work, the Contractor shall,
within 48 hours, notify the City or its designee that the Field Directive is outside the
scope of the Work. At that time the Field Directive may be rescinded or the Contractor
may be required to submit a request for a Change Order proposal. Where the Contractor
is notified of the position that the Field Directive is within the scope and the Contractor
disagrees, the Contractor shall notify the City or its designee that the Contractor
reserves the right to make a claim for the time and monies based on the Field
Directive. At no time shall the Contractor refuse to comply with the directive.
Failure to comply with the directive may result in a determination that the Contractor is
in default of the Agreement.
ARTICLE 8. CHANGE ORDERS
8.1 Changes in the quantity or character of the Construction Work of the Project which
are not properly the subject ofField Directives shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of this Contract.
8.2 All changes to the Work or the construction Schedule must be pre-approved in writing
by the City Manager in accordance with the value of the Change Order or the calculated
value of the time extension. All Change Orders, increasing the contract amount by
$50,000.00 (fifty thousand dollars) or more must be pre-approved in writing by the City
Commission.
8.3 In the event satisfactory adjustment cannot be reached for any item requiring a
change in the Contract Amount, the City reserves the right at its sole option to either
terminate the Agreement as it applies to the items in question and make such arrangements
as may be deemed necessary to complete the disputed work; or may submit the matter in
dispute as set forth in the dispute resolution procedures set forth in this Agreement.
8.4 On approval of any change increasing the Contract amount, Contractor shall ensure that
the Bonds are increased accordingly.
ARTICLE 9. SCOPE OF WORK MODIFICATION PROCEDURES
9.1 OWNER INITIATED MODIFICATIONS
The City or its designee will issue a detailed description of proposed changes in the Work
that may require an adjustment(s) to the Contract Amount or Contract Time. If
necessary, the description will include supplemental or revised drawings and
specifications. Subsequent to notification of modifications in the Work by City or its
designee, Contractor shall submit a quotation estimating cost adjustments to the Contract
Amount and/or the Contract Time necessary to execute the change. Contractor shall
include the following information when responding:
. Include a list of quantities of products required or eliminated and unit costs, with
total amount of purchases and credits to be made. If requested, furnish survey
data to substantiate quantities.
. Indicate applicable taxes, delivery charges, equipment rental, and amounts of
trade discounts.
. Include costs of labor and supervision directly attributable to the change.
. Include an updated contractor's construction schedule that indicates the effect of
the change, including but not limited to, changes in activity duration, start and
finish times, and activity relationship. Use available total float, if any, before
requesting an extension of the Contract Time.
9.2 CONTRACTOR INITIATED MODIFICATIONS
If latent or unforeseen conditions require modifications in the contract, the Contractor
may propose changes by submitting a request for a change to the City or its designee.
Contractor shall use form AlA Document G709 for said modification requests. The
following MUST be submitted/included by Contractor:
. A statement outlining reasons for the change and the effect of the change on the
Work. Provide a complete description of the proposed change. Indicate the effect
of the proposed change on the Contract Amount and the Contract Time.
. A list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made. If requested, furnish survey data to
substantiate quantities.
· Indicate applicable taxes, delivery charges, equipment rental, and amounts of
trade discounts.
. Cost of labor and supervision directly attributable to the change.
· Updated contractor's Construction Schedule that indicates the effect of the
change, including, but not limited to, changes in activity duration, start to finish
times, and activity relationship. Use available total float before requesting an
extension of the Contract Time.
· Comply with any applicable product requirements if the proposed change requires
substitution of one product or system for product or system specified.
9.3 ALLOW ANCES
Allowance Adjustment. To adjust allowance amounts, Contractor shall base each
Change Order proposal on the difference between purchase amount and the allowance,
multiplied by final measurement of work-in-place. If applicable, Contractor shall also
include reasonable allowances for cutting losses, tolerances, mixing wastes, normal
product imperfections, and similar margins. Contractor also agrees to the following
conditions:
. Include installation costs in purchase amount only where indicates as part of the
allowance.
. If requested, prepare explanation and documentation to substantiate distribution of
overhead costs and other margins claimed.
. Submit substantiation of a change in scope of work, if any, claimed in change
orders related to unit-cost allowances.
. The City reserves the right to establish the quantity of work-in-place by
independent quantity survey, measure, or count.
Contractor must submit claims for increased costs because of a change in scope or nature
of the allowance described in the contract documents, whether for the purchase order
amount or contractor's handling, labor, installation, overhead, and profit. Contractor
shall submit claims within fourteen (14) days of receipt of the change order or
construction change directive authorizing work to proceed. The City or its designee will
reject claims submitted later than fourteen (14) days after such authorization. Contractor
also agrees to the following conditions:
. Do not include Contractor's or subcontractor's indirect expense in the change
order cost unless it is clearly shown that the nature or extent of work has changed
from what could have been foreseen from information in the contract documents.
. No change to Contractor's indirect expense is permitted for selection of higher or
lower priced materials or systems of the same scope and nature as originally
indicated.
9.4 CHANGE ORDER PROCEDURES
On the City's approval of a proposal request, the City or its designee will issue a change
order for signatures of the City and the contractor on AlA Document G701 or approved
change order form prepared by the City.
9.5 CONSTRUCTION CHANGE DIRECTIVE
Construction Change Directive. The City or its designee may issue a construction
change directive on AlA Document G714 or approved change directive form prepared by
the City. Construction change directive instructs Contractor to proceed with a change in
the Work, for subsequent inclusion in a change order. Construction change directive
contains a complete description of change in the Work. It also designates method to be
followed to determine change in the Contract Amount or the Contract Time.
Documentation. Contractor agrees to maintain detailed records on a time and material
basis of work required by the construction change directive. After completion of change
directive, Contractor shall submit an itemized account and supporting data necessary to
substantiate cost and time adjustments to the contract.
ARTICLE 10. SUBSTANTIAL COl\1PLETION. PUNCH LIST & FINAL
COl\1PLETION
10.1 The Work shall be substantially complete when the City or its designee, in the
reasonable exercise of their discretion, determines that the Work is complete, that there
are no material and/or substantial variations from the Agreement, and the Work is fit for
its intended purpose. Upon Substantial Completion, the City will prepare a Certificate
of Substantial Completion. The signing of this form shall not relieve the Contractor
from its obligation to complete the Project.
10.2 When the Contractor believes that the Construction Work is substantially
complete, the Contractor shall request in writing that the City or its designee inspect the
Construction Work to determine if Substantial Completion has been achieved. No
request for Substantial Completion inspection is to be submitted until the Contractor has
obtained a Certificate(s) of Occupancy, Certificate of Completion or a Temporary
Certificate of Occupancy unless the failure to obtain such certificate(s) is beyond
the Contractor's control. The City of its designee shall schedule the date and time for
any inspection and notify the Contractor and any other parties deemed necessary. During
this inspection, the City or its designee and the Contractor shall sign a Substantial
Completion Inspection certificate, any remaining Work shall be identified on the Punch
list form, which work shall be known as Punch List work. The Punch List shall be
signed by the City or its designee and the Contractor to confirm that the Punch List
contains the item(s) necessary to complete the Construction Work. The failure or refusal
of the Contractor to sign the Substantial Completion Inspection form or the Punch List, or
the failure to include any items of corrective work on such Punch List, do not alter the
responsibility of Contractor to complete all of the Work in accordance with the Contract
Documents.
10.3 Where the Punch List is limited to minor omissions and defects, the City or
its designee shall indicate that the Construction Work is substantially complete subject
to completion of the Punch List. Where the City or its designee determines that the
Work is not substantially complete, the City or its designee shall provide a list of all
open items necessary to achieve Substantial Completion. Upon completion of such
Work, the Contractor shall request another Substantial Completion inspection.
10.4 The City or its designee, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
10.5 Upon the receipt of all documentation, resolution of any outstanding
issues and completion of the Punch List items, the City or its designee shall issue a
Final Certificate for Payment. Upon issuance of the final payment, the City or its
designee shall notify the Contractor in writing of the closeout of the Project.
10.6 Warranties required by the Contract Documents shall commence on the
date of Substantial Completion of the Work or designated portion thereof unless
otherwise provided in the Certificate of Substantial Completion.
_I
ARTICLE 11. WARRANTY OF CONSTRUCTION
The Contractor shall warrant that the Work conforms to the Agreement and is free of any
patent and/or latent defect of the workmanship for a minimum period of one year from
the date of final Completion. This warranty shall be in addition to whatever rights the
City may have under law. The Contractor's obligation under this warranty shall be
at its own cost and expense, to promptly repair or replace (including cost of
removal and installation), that item (or part or component thereof) which proves
defective or fails to comply with the Agreement within the warranty period such that it
complies with the Agreement.
ARTICLE 12. AS-BUILT DRAWINGS
During the Construction Work, Contractor shall maintain records of all deviations
from the Drawings and Specifications as approved by the City or its designee and furnish
such information as is required for the City or its designee to prepare As-Built Record
Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the work as it was actually constructed.
ARTICLE 13. CLEANING UP - THE CITY'S RIGHT TO CLEAN UP
Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by its operations. At the completion of the Project,
Contractor shall remove all its waste materials and rubbish from and about the Project
as well as its tools, construction equipment, machinery and surplus materials. If
Contractor fails to clean up during the prosecution of the Work or at the completion
of the Construction Work, the City may do so and the cost thereof shall be charged to
Contractor. Cleaning operations should be controlled to limit dust and other particles
adhering to existing surfaces.
ARTICLE 14. REMOVAL OF EOUIPMENT
In case of termination of this Agreement before completion for any cause
whatsoever, Contractor, if notified to do so by the City or its designee, shall promptly
remove any part or all of Contractor's equipment and supplies from the property of the
City. If the Contractor fails to comply with the City's order, the City shall have the right
to remove such equipment and supplies at the expense of Contractor.
ARTICLE 15. CONTRACT DOCUMENTS
The Contract Documents shall consist of this Agreement, the Exhibits, the Request for
Qualifications No. 09-03-01, the Successful Contractor's Response to the Request for
Qualifications No. 09-03-01, the Bid Bond, the Payment and Performance Bond, the
-
Drawings and Specifications, Addenda to Request for Qualifications No. 09-03-01,
Contractor's Schedule of Value, approved written interpretations and clarifications, Field
Directives, Construction Change Directives, any Change Orders issued thereto, and any
modifications, duly issued after execution of the Agreement. Any modification to this
Agreement shall only be effective if it is reduced to writing, and duly executed by both
parties, except a Field Directive or Constructive Change Directive shall be effective
after approval and execution by the City. The .general intent of the Contract
Documents is to include all items necessary for the proper execution and completion
of the Project by the Contractor.
ARTICLE 16. SITE INVESTIGATION AND REPRESENTATION
16.1 The Contractor acknowledges that it has satisfied itself as to the nature and
location of the Work, the general and local conditions, particularly those bearing upon
availability of transportation, disposal, handling and storage of materials, availability of
labor, water, electric power, and roads, the conformation and conditions at the ground
and all other matters which can in any way affect the Work or the Contract Amount.
16.2 The Contractor further acknowledges that it has satisfied itself as to the
character, quality, and quantity of surface and subsurface materials to be encountered
from evaluating information included in the Contract Documents. Any failure by the
Contractor to acquaint itself with all the provided information will not relieve Contractor
from responsibility for properly estimating the difficulty or cost thereof under the
Contract Documents.
ARTICLE 17. OWNERSHIP AND USE OF DOCUMENTS
The Drawings, Specifications and other documents prepared by the City or its
designee, and copies thereof furnished to the Contractor, are for use solely with respect to
this Agreement. They are not to be used by the Contractor, Sub-Contractors, and/or
material suppliers on other projects, without the specific express written consent of the
City. The Contractor, Sub-Contractors, and/or material suppliers are granted only a limited
license to use and reproduce applicable portions of the Drawings, Specifications, and other
documents prepared by the City or its designee, appropriate to and for use in the execution
of their Work under this Agreement.
ARTICLE 18. PLANS. SPECIFICATIONS AND WORKING DRAWINGS
18.1 The City or its designee shall have the right to modify the details of the Plans,
Specifications, and Working Drawings with additional plans, drawings or additional
information as the Work proceeds, all of which shall be considered as part of the
Contract Documents.
18.2 Where the Contractor believes that the modification or supplement is outside
the Scope of the Work, the Contractor shall, within 72 hours, notify the City or its
designee that the modification or supplement is outside the scope of the Work. At that time
-,
the modification or supplement may be rescinded or the Contractor may be required to
submit a request for a Change Order proposal. Where the Contractor is notified of the
City's position that the modification or supplement is within the scope and the
Contractor disagrees, the Contractor shall notify the City or its designee that the
Contractor reserves the right to make a claim for the time and monies based on the
modification or supplement. At no time shall the Contractor refuse to comply with the
modification or supplement.
18.3 When, in the opinion of the City or its designee, it becomes necessary to explain the
Work to be done more fully, or to illustrate the Work further, or to show any changes
which may be required, supplementary drawings, with specifications pertaining thereto,
will be prepared by the City or its Designee. The supplementary drawings shall be
binding upon Contractor with the same force as the Contract Documents. Where such
supplementary drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
18.4 The City or its designee, as applicable, shall have the right to approve and issue
Supplemental Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance.
ARTICLE 19. CONTINUING THE WORK
Contractor shall carryon the Work and adhere to the progress schedule during all disputes or
disagreements with the City, including, without limitation, disputes or disagreements
concerning a request for a Change Order, the Contract Amount, the Contract Time, or
Time for Completion. The Work shall not be delayed or postponed pending resolution
of any disputes or disagreements. All disputes shall be resolved in accordance with
Article 37 pertaining to Mediation and Arbitration of Disputes.
ARTICLE 20. AUTHORITY OF THE CITY AND ITS DESIGNEE
20.1 The City or its designee shall determine or answer, all questions of any nature
whatsoever arising out of, under or in connection with, or in any way relating to or on
account of the Work, and/or as to the interpretation of the Work to be performed.
20.2 The Contractor shall be bound by all determinations or orders of the City or its
Designee and shall promptly respond to requests of the City or its Designee, including
the withdrawal or modification of any previous order, and regardless of whether the
Contractor agrees with the City's or its designee's determination or requests.
20.3 The City's designee shall have authority to act on behalf of the City to the extent
provided by the Agreement, unless otherwise modified in writing by the City. All
instructions to the Contractor shall be issued in writing. All instructions to the
Contractor shall be issued through the City or its designee.
'~!
20.4 The City or its designee shall have access to the Project Site during normal
work hours, unless access is required by the City due to health, safety or welfare of the
City or the public. The Contractor shall provide safe facilities for such access so the City
or it designee may perform their functions under the Agreement. The City or its designee
will make periodic visits to the Work Site to become generally familiar with the progress
and quality of the Work, and to determine if the Work is proceeding in accordance with the
Contract Documents.
20.5 The City or its designee will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be responsible for the Contractor's failure to
carry out the Construction Work in accordance with the Agreement.
20.6 The City or its designee will have authority to reject Work that does not
conform to the Contract Documents requirements. Whenever, in his or her opinion, it
is considered necessary or advisable to ensure the proper implementation of the
Contract Documents, the City or its designee will have authority to require special
inspections or testing of the Construction Work, whether or not such Construction Work is
fabricated, installed or completed. Neither the City's and/or its designee's authority to act
under this Article, nor any decision made by himlher in good faith either to exercise or
not to exercise such authority, shall give rise to any duty or responsibility of the City or
its designee to the Contractor, any Sub-Contractor, supplier or any of their agents,
employees, or any other person performing any of the Construction Work.
20.7 The City or its designee will not be responsible for the acts or omissions of the
Contractor, or anyone employed or contracted directly or indirectly by the Contractor
including any Sub-Contractor, or any of their agents or employees, or any other persons
performing any of the Work.
ARTICLE 21. DEFECTIVE WORK
21.1 The City or its designee shall have the authority to reject or disapprove Work
which is found to be defective. If defective work is found, Contractor shall promptly
either correct all defective work or remove such defective Work and replace it with non-
defective Work. Contractor shall bear all direct and indirect costs of such removal or
corrections including cost of testing laboratories and personnel.
21.2 Should Contractor fail or refuse to remove or correct any defective Work or to
make any necessary repairs in accordance with the requirements of the Contract
Documents within the time indicated in writing by the City or its designee, the City shall
have the authority to cause the defective work to be removed or corrected, or make such
repairs as may be necessary at Contractor's expense. Any expense incurred by the City in
making such removals, corrections or repairs, shall be paid for out of any monies due or
which may become due to Contractor, or may be charged against the Payment and
Performance Bond. In the event of failure of Contractor to make all necessary repairs
promptly and fully, which is not cured in the Cure Period, the City may declare Contractor in
default.
21.3 If, within one (1) year after the date of Substantial Completion or such longer
period of time as may be prescribed by the terms of any applicable special warranty
required by the Contract Documents, or by any specific provision(s) of the Contract
Documents, any of the Construction Work is found to be defective or not in accordance with
the Contract Documents, Contractor, after receipt of written notice from the City or its
designee, shall promptly correct such defective or nonconforming Construction Work within
the time specified by the City without cost to the City. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other obligation which
Contractor might have under the Contract Documents including but not limited to any
claim regarding latent defects.
21.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final acceptance.
ARTICLE 22. CORRECTION OF WORK
Where the City or its designee becomes aware of faults, defects or non-conformity in
any of the Work provided under this Agreement or with the Work being performed by
the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for
correction. In no event shall the failure of the City or its designee to bring to the attention
of the Contractor of such faults act as a waiver or release the Contractor from
responsibility or liability for such fault, defect or non-conforming Work.
ARTICLE 23. WARRANTY OF MATERIALS AND EQUIPMENT
23.1 Contractor warrants to the City that all materials and equipment furnished
under this Agreement will be new unless otherwise specified and that all of the Work
will be of good quality, free from faults and defects and in conformance with the
Contract Documents. All equipment and materials not conforming to these
requirements, including substitutions not properly approved and authorized, may be
considered defective. If required by City or its designee, Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This warranty
is not limited by any other provisions within the Contract Documents.
23.2 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material and
equipment covered by this Agreement. All material and equipment furnished shall be
fully guaranteed by the Contractor against factory defects and workmanship. At no
expense to the City, the Contractor shall correct any and all apparent and latent defects
that are required by Florida law. The Contract Documents may supersede the
manufacturer's standard warranty.
ARTICLE 24. CHANGES IN THE WORK OR TERMS OF CONTRACT
DOCUMENTS
24.1 Without invalidating the Agreement and without notice to any Surety, the City
reserves and shall have the right, from time to time to make such increases, decreases or
other changes in the character or quantity of the Work as may be considered necessary or
desirable to complete fully and acceptably the proposed construction in a satisfactory
manner. Any extra or additional work within the scope of this Project must be issued in
writing in accordance with the requirements of this Agreement.
24.2 Any changes to the terms of the Contract Documents must be contained in a
written document, executed by the parties hereto, with the same formality and of equal
dignity prior to the initiation of any Work reflecting such change. This Article shall not
prohibit the issuance of Change Orders executed only by the City or its designee as
hereinafter provided.
24.3 Contractor shall increase or decrease the value of the Performance and Payment
Bonds to reflect the Contract Amount, as it may be revised.
ARTICLE 25. OSHA COMPLIANCE AND SAFETY PRECAUTIONS
25.1 The Contractor warrants that it will comply with all safety precautions as
required by federal, state or local laws, rules, regulations and ordinances
25.2 Contractor warrants that it will adhere to the applicable environmental
protection guidelines for the duration of the Project. If hazardous waste materials are
used, detected or generated at any time, the City or its designee must be immediately
notified of each and every occurrence. The Contractor shall comply with all codes,
ordinances, rules, orders and other legal requirements of public authorities (including,
without limitation, OSHA, EP A, DERM, the City of Sunny Isles Beach, Miami-Dade
County, State of Florida, and Florida Building Code) which bear on the performance of
the Work.
25.3 If an emergency condition should develop during the Project, the Contractor
must immediately notify the City or its designee of each and every occurrence. The
Contractor should also recommend any appropriate course(s) of action to the City or its
designee.
ARTICLE 26. PRIORITY OF PROVISIONS
26.1 If there is a conflict or inconsistency between any term, statement
requirement, or provision of any Exhibit or Attachment hereto, any document or events
referred to herein, or any document incorporated into this Agreement by reference and a
term, statement, requirement, the specifications and plans, or provision of this Agreement
the following order of precedence shall apply:
26.2 In the event of conflicts in the Contract Documents the priorities stated
below shall govern.
. Revisions to the Contract Documents shall govern over the Contract
Documents
. No section of the Scope of Work, specifications or plans shall govern over
the Contract Terms and Conditions
. Scope of Work and Specifications shall govern over plans and drawings
26.3 In the event of conflicts with the plans the priorities stated below shall govern:
. Schedules, when identified as such shall govern over all other
portions of the plans
. Specific notes shall govern over all other notes, and all other
portions of the plans, unless specifically stated otherwise
. Larger scale drawings shall govern over smaller scale drawings
. Figured or numerical dimensions shall govern over dimensions
obtained by scaling
. Where provisions of codes, manufacturer's specifications or
industry standards are in conflict, the more restrictive or higher
quality shall govern
26.4 In the event omissions in the Contract Documents are not complete as to any
incidental detail of construction or construction system or with regard to the manner
of combining or installing equipment, parts, or materials, such detail shall be deemed to
be an implied requirement of the Contract Documents. "Minor Detail" shall include the
concept of substantially identical components, where the price of each such component
is small. The quality and quantity of the equipment, material, or part so furnished shall
conform to trade standards and be compatible with the type, composition, strength, size
and profile of the equipment, materials or parts otherwise specified in the Contract
Documents.
ARTICLE 27. NOTICES
Whenever either party desires to give written notice to the other, such must be addressed to
the party for whom it is intended at the place last specified; and the place for giving of
notice shall remain such until it shall have been changed by written notice given in
accordance with the provisions of this Article. Notice shall be deemed given on the date
received or within 3 days of mailing, if mailed through the United States Postal Service.
Notice shall be deemed given on the date sent via e-mail or facsimile. Notice shall be
deemed given via courier/delivery service upon the initial delivery date by the
courier/delivery service. For the present, the parties designate the following as the
respective places for giving of notice:
..
If to the City: Rick Conner, City Manager With a copy to:
City of Sunny Isles Beach Hans Ottinot,
18070 Collins Avenue City Attorney
Fourth Floor City of Sunny Isles Beach
Sunny Isles Beach, Florida 33160 18070 Collins A venue
Tel: (305) 792-1701 Fourth Floor
Sunny Isles Beach, Florida
33160
Tel: (305) 792-1702
If to the Contractor: Daniel E. Whiteman
President
Coastal Construction Company
5959 Blue Lagoon Drive
Suite 200
Miami, Florida 33126
Tel: (305) 559-4900
ARTICLE 28. INDEMNIFICATION
28.1 Contractor shall indemnify, defend and hold harmless the City, its officers,
agents, directors, and employees, from any and all claims, liabilities, damages, losses,
and costs, including, but not limited to reasonable attorney's fees, and costs to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of Contractor
and/or persons employed or utilized by Contractor in the performance of this
Agreement. Contractor's obligations hereunder shall apply even if part of the damage
or injury is caused by the City, its officers, agents, directors, or employees. These
indemnifications shall survive the term of this Agreement. In the event that any action or
proceeding is brought against the City by reason of any such claim or demand, Contractor
shall, upon written notice from the City or its designee, resist and defend such action or
proceeding by counsel satisfactory to the City.
28.2 The indemnification provided above shall obligate Contractor to defend at
its own expense to and through appellate, supplemental or bankruptcy proceeding, or
to provide for such defense, at City's option, any and all claims of liability and all suits
and actions of every name and description covered by this Article, which may be
brought against the City whether performed by Contractor, or persons employed or
utilized by Contractor.
28.3 This indemnity will survive the cancellation or expiration of this
Agreement. This indemnity will be interpreted under and construed to conform to the
laws of the State of Florida.
28.4 Contractor shall require all Sub-Contractor agreements to include a provision that
they will indemnify the City.
ARTICLE 29. INSURANCE REQUIREMENTS
29.1 Contractor shall not start Work under this Agreement until it has delivered to the
City or its designee certificates of insurance clearly indicating that the Contractor is in
compliance with the Insurance Requirements required under this Agreement.
29.2 Contractor shall maintain coverage with equal or better rating as required
herein for the term of this Agreement. Contractor shall provide written notice to the City
Manager or its designee of any material change, cancellation and/or notice of non-
renewal of the insurance at least 30 (thirty) days prior to the anticipated change or event.
Contractor shall furnish a copy of the insurance policy or policies upon request of the
City or its designee.
29.3 Contractor shall furnish copies of insurance policies pertaining to this
Agreement to the City or its designee within ten (10) days of written request. If the
initial insurance expires prior to the completion of the Work, renewal copies of policies
shall be furnished at least thirty (30) days prior to the date of their expiration.
29.4 The City or its designee reserves the right to require modifications, increases,
or changes in the Insurance Requirements, and shall provide a thirty (30) day written
notice thereof to the Contractor.
ARTICLE 30. PAYMENT AND PERFORMANCE BOND
30.1 Contractor shall not start Work under this Agreement until it has delivered to the
City or its designee a Performance Bond and a Payment Bond in accordance with the
requirements of this Agreement.
30.2 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as
may be amended from time to time, Contractor shall ensure that the Bond(s) are
recorded in the public records of Miami-Dade County and provide the City or its
designee with evidence of such recording.
ARTICLE 31. THE CITY'S RIGHT TO TERMINATE
31.1 The City has the right to terminate this Agreement for any reason or no
reason, upon thirty (30) days prior written notice to the Contractor stating the date upon
which Contractor shall cease all Work under this Agreement and vacate the Project Site.
Upon termination of this Agreement, all charts, sketches, studies, drawings, reports and
other documents, including electronic documents, related to Work authorized under this
Agreement, whether finished or not, must be turned over to the City. The Contractor
shall be paid in accordance with provisions of this Agreement, provided that said
documentation is turned over to the City or its designee within twenty (20) business
days of termination. Failure to timely deliver the documentation shall be cause to
withhold any payments due without recourse by Contractor until all documentation is
delivered to the City.
31.2 If Contractor fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Contractor shall be in
default. Upon the occurrence of a default which is not cured within the Cure Period, in
addition to all remedies available to it by law, the City or its designee may
immediately, upon written notice to Contractor, terminate this Agreement whereupon
all payments, advances, or other compensation paid by the City to Contractor while
Contractor was in default shall be immediately returned to the City. The City or its
designee may also suspend any payment or part thereof or order a Work stoppage until
such time as the issues concerning compliance are resolved. Contractor
understands and agrees that termination of this Agreement under this Article shall not
release Contractor from any obligation accruing prior to the effective date of termination.
31.3 In the event of termination due to default, in addition to the foregoing Contractor
shall be liable for all costs and expenses incurred by the City in the re-procurement of the
Work under this Agreement. In the event of Default, the City or its designee may also
issue a Notice to Cure and suspend or withhold payments to Contractor until such time
as the actions giving rise to default have been cured.
31.4 A finding of default and subsequent termination for cause may include, without
limitation, any of the following:
31.4.1 Contractor fails to obtain and deliver to the City or its designee
the Insurance certificates, the Bonds, and the Permits in the
manner and within the time herein required.
31.4.2 Contractor fails to comply with any of its duties under this
Agreement, with any terms or conditions set forth in this
Agreement beyond the specified period allowed to cure such
default.
31.4.3 Contractor fails to commence the Work within the timeframes
provided or contemplated herein, or fails to complete the Work in a
timely manner as required by this Agreement.
31.5 Except as otherwise provided for in this Agreement, the City or its designee
shall provide Written Notice to Cure to Contractor as to a finding of default, and
Contractor shall take all necessary action to Cure said default within the Cure Period.
The City or its designee may extend the Cure Period at its sole discretion or terminate
the Agreement upon failure of the Contractor to cure such default in the specified
timeframe.
ARTICLE 32. CONTRACTOR'S RIGHT TO TERMINATE
32.1 Subject to the provisions of Section 32.2 below, the Contractor may
terminate this Agreement if the Work is stopped for any of the reasons listed below
for a period of 60 days through no act or fault of the Contractor, his agents,
employees, or other persons performing any portion of the Work for the Contractor, or
for the reason listed in section 32.1.3 below.
32.1.1 Issuance of an Order of the Court or other Public Authority having
jurisdiction;
32.1.2 An act of government which results in a cession of Work on this
Agreement;
32.1.3 Failure of the City to pay the Contractor any properly presented and
authorized payment within 30 days after approval and subsequent to an
additional 30 days after notification from the Contractor in writing of such
failure.
32.2 Contractor shall provide written notice of its intent to terminate to the City and the
City shall have the right to cure the event giving rise to the right of termination within
thirty (30) days after receipt of Contractor's notice. The Contractor may extend the City's
cure period at its sole discretion or terminate the Agreement upon failure of the City to
cure such event in the specified timeframe. In such event the Contractor shall be entitled
to recover from the City any costs for work performed in accordance with the
Agreement for which payment has not been made. Contractor agrees that this is its
exclusive remedy for the City's default or for the occurrence of an event of termination
and that the City shall not be liable to Contractor for any consequential or special
damages.
ARTICLE 33. UNDISCLOSED LOBBYIST OR AGENT - TERMINATION
Contractor warrants that it has not employed or retained any company or person to
solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of this
Agreement. The City or its designee shall have the right to terminate this Agreement,
without giving Contractor the opportunity to Cure, in the event of a breach of this
prOVISIOn.
ARTICLE 34. PUBLIC ENTITY CRIMES
In accordance with the Public Entity 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 sub-
consultant under a contract with the City, and may not transact any business with
the City in excess of certain amounts provided in Section 287.017, Florida Statutes.
Violation of this section by Contractor shall result in termination of this Agreement and
may result in Contractor's debarment.
ARTICLE 35. MATERIALITY AND WAIVER OF BREACH
35.1 The 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
Agreement.
35.2 The City's or its designee's failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision or modification of this Agreement. A
waiver of any breach of a provision of this Agreement shall not be deemed a waiver
of any subsequent breach and shall not be construed to be a modification of the terms
of this Agreement.
ARTICLE 36. FORCE MAJEURE
Should any party fail to perform its obligations under this Agreement due to a condition
of force majeure, as that term is interpreted under Florida law, and specifically
including but not limited to Acts of God, Hurricanes, Tropical Storms, fire, flood,
earthquakes and the unavailability of materials, equipment or labor resulting from said
events, then the time for performance of said obligation hereunder will be extended by a
period reasonably commensurate with the cause of such failure to perform or cure. If the
Contractor is delayed in performing any obligation under this Agreement due to a force
majeure condition, the Contractor shall request a time extension from the City within
three (3) working days of said force majeure occurrence. Any time extension shall
be subject to mutual agreement and shall not be cause for any claim by the Contractor
for extra compensation unless additional services are required. Events of Force
Majeure Do Not Include acts or omissions of Sub- Contractors.
ARTICLE 37. MEDIATION AND ARBITRATION OF DISPUTES
The merits of any dispute arising under, out of, in connection with, or in relation to this
agreement, or the making or validity thereof, or its interpretation, or any breach thereof,
shall be determined and settled by Arbitration before an Arbitrator in the State of
Florida, pursuant to the Commercial Arbitration Rules then obtaining of the
American Arbitration Association. If the parties hereto are unable to agree upon
the selection of an arbitrator, such arbitration shall be held before the American
Arbitration Association. Any award rendered shall be final and conclusive upon the
parties hereto and a judgment thereon may be entered in the highest court of the State of
Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the
dispute amicably. In the event that the parties hereto are unable to resolve the dispute
amicably, either party may give notice for a Mediation session before a Mediator
appointed by mutual agreement (hereinafter the "Mediator"). If the parties are
unable to agree upon the selection of a mediator, such mediation shall be held before the
American Arbitration Association. The Mediator shall make a recommendation to the
parties in the form of a written mediated settlement agreement. Each party to the
dispute shall sign such agreement after receipt of the same or immediately file a
demand for Arbitration, in which event the parties shall proceed to Arbitration in
accordance with the previous paragraph.
All costs of the Arbitration, including Mediation and the legal action to confirm
and enforce the arbitrator's award, as the case may be, including the reasonable legal
fees of both parties shall be paid by the non-prevailing party, or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of Arbitration and
Mediation as may be determined by the court on confirmation.
ARTICLE 38. APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed
by the laws of the State of Florida. Any suit or action brought by any party, concerning
this Agreement, or arising out of this Agreement, shall be brought in Miami-Dade
County, Florida. Each party shall bear its own attorney's fees except in actions arising
out of Contractor's duties to indemnify the City under this Agreement where
Contractor shall pay the City's reasonable attorney's fees.
ARTICLE 39. PERMITS AND LICENSES ("PERMITS")
Except as otherwise provided within the Agreement, all permits and licenses
required by federal, state or local laws, rules and regulations necessary for the
prosecution of the Work undertaken by Contractor pursuant to this Agreement shall be
secured and paid for by Contractor. It is Contractor's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be performed and valid
for the jurisdiction in which the Work is to be performed for all persons working on the
Project for whom a Certificate of Competency is required.
ARTICLE 40. AUDIT RIGHTS
40.1 Contractor's records which shall include but not be limited to accounting
records, payroll time sheets, cancelled payroll checks, W-2's, 1099's, written policies and
procedures, computer records, disks and software, videos, photographs, subcontract
files, originals estimates, estimating worksheets, correspondence, change order files
(including documentation covering negotiated settlements), and any other supporting
evidence necessary to substantiate charges related to this Agreement (all the
foregoing hereinafter referred to as "records") shall be open to inspection and subject to
audit and/or reproduction, during normal working hours, by the City's agent or
its authorized representative to the extent necessary to adequately permit evaluation
and verification of any invoices, payments or claims submitted by the Contractor or any
of his payees pursuant to the execution of the Agreement. Such records subject to
examination shall also include, but not be limited to, those records necessary to evaluate
and verify direct and indirect costs (including overhead allocations) as they may apply to
costs associated with this Agreement.
40.2 Records subject to the provisions of Public Record Law, Florida Statutes
Chapter 119, shall be kept in accordance with such statute. Otherwise, for the
purpose of such audits, inspections, examinations and evaluations, the City's agent or
authorized representative shall have access to said records from the effective date of
this Agreement, for the duration of the Work, and until 5 years after the date of final
payment by the City to Contractor pursuant to this Agreement.
40.3 The City's agent or its authorized representative shall have access to the
Contractor's facilities, shall have access to all necessary records, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with this provision. The City or its authorized representative shall give
auditees reasonable advance notice of intended audits.
40.4 If an audit inspection or examination in accordance with this Article
discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the
City, the actual cost of the City's audit shall be paid by the Contractor. If the audit
discloses contract billing or charges to which Contractor is not contractually entitled,
Contractor shall pay over to the City said sum within 20 days of receipt of a written
demand unless otherwise agreed to by both parties in writing.
ARTICLE 41. COMPLIANCE WITH LAWS. NONDISCRIMINATION. EQUAL
EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES
ACT
41.1 Contractor shall comply with all applicable laws, codes, ordinances, rules,
regulations and resolutions and all applicable guidelines and standards in
performing its duties, responsibilities, and obligations related to this Agreement,
including specifically, but without limitation, where applicable, the Contract Work
Hours and Safety-Standards Act, the Lead-Based Paint Poisoning Prevention Act and
any other laws, ordinances and regulations made applicable to this Agreement by the
Contract Documents or the source of funds.
41.2 Contractor warrants and represents that it does not and will not engage in
discriminatory practices and that there shall be no discrimination in connection with
Contractors performance under this Agreement on account of race, color, sex, religion,
age, handicap, marital status or national origin. Contractor further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion,
age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
41.3 Contractor shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services funded by
the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis
of disability), and all applicable regulations, guidelines, and standards. In addition,
Contractor shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons.
ARTICLE 42. INDEPENDENT CONTRACTOR
Contractor is an independent contractor under this Agreement. Services provided by
Contractor or on Contractor's behalf pursuant to this Agreement 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. Contractor further
understands that Florida Workers' Compensation benefits available to employees of
the City are not available to Contractor, and agrees to provide workers' compensation
insurance for any employee, or entity working for the Contractor rendering services to
the City under this Agreement. This Agreement shall not constitute or make the
parties a partnership or joint venture.
ARTICLE 43. SUCCESSORS AND ASSIGNS
43.1 The performance of this Agreement shall not be transferred, pledged, sold,
delegated or assigned, in whole or in part, by the Contractor without the express written
consent of the City. It is understood that a sale of the majority of the stock or
partnership shares of the Contractor, a merger or bulk sale, an assignment for the
benefit of creditors shall each be deemed transactions that would constitute an
assignment or sale hereunder requiring prior City approval.
43.2 The Contractor's services are unique in nature and any transference
without City approval shall be cause for the City to nullify this Agreement. Any
assignment without the City's consent shall be null and void. The Contractor shall
have no recourse from such cancellation. The City may require bonding, other security,
certified financial statements and tax returns from any proposed assignee and the
execution of an assignment/assumption agreement in a form satisfactory to the City
Attorney as a condition precedent to considering approval of an assignment.
ARTICLE 44. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or
termination due to lack of funds, reduction of funds and/or change in regulations, upon
thirty (30) days written notice.
ARTICLE 45. JOINT PREPARATION. INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their
mutual intent and no rule of strict construction shall be applied against either
party hereto. The headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and the
singular shall include the plural, and vice versa, unless the context otherwise
requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this
Agreement as a whole and not to any particular sentence, article, paragraph, or section
where they appear, unless the context otherwise requires. Whenever reference is made to
a Section or Article of this Agreement, such reference is to the Section or Article as a
whole, including all of the subsections of such Section or Article, unless the
reference is made to a particular subsection or subparagraph of such section or article.
ARTICLE 46. 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 Agreement and executed by the City and Contractor.
ARTICLE 47. SEVERABILITY
In the event the any provision of this Agreement is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision
shall be excised from this Agreement, and the remainder of this Agreement shall continue
in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such
provision will materially and adversely affect the rights of either party, such party may
elect, at its option, to terminate this Agreement in its entirety. An election to terminate
this Agreement based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
ARTICLE 48. ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and
integrated agreement between the City and the Contractor and supersedes all prior
negotiations, representations or agreements, written or oral. This Agreement may not be
amended, changed, modified, or otherwise altered in any respect, at any time after the
execution hereof, except by a written document executed with the same formality and
equal dignity herewith. Waiver by either party of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach of any provision of
this Agreement.
-
CONTRACTOR:
Print Name
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Name & Title
DANlJ:.l... E. WK-\lE.MAW, 'P(lE:S,~
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Signatu e
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Print Name
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orman S. Ede1cup, Mayor
-' ,'.; s4Bt~.d\i~I~~~~
· . .'BY: .,'," '. .
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. Jane A. Hines, CMC, City Clerk
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"
APPROVED AS TO FORM AND
LEGALSUFF ENCY
B
HER IT AGE PARK AND PARKING GARAGE
CONTRACT EXHIBIT "A"
The Contract Amount for the Parking Garage portion of the Work is to be Six Million Six
Hundred Thousand Forty Dollars and Zero Cents ( $6,600,040.00 ) and is inclusive of the
Parking Garage with exterior cast in place concrete walls in lieu of barrier cables, the
revised driveway from NE 193rd Street into the garage and landscape and irrigation work
associated with the garage site only.
The Parking Garage portion of the Work shall be substantially complete within Three
Hundred and Thirty ( 330) calendar days or by the issuance of a Temporary Certificate
of Occupancy ("TCO"), whichever event occurs first.
EXHIBIT" A"
---.
EXHIBIT "B"
TAX EXEMPTION AGREEMENT TO CONTRACT
City of Sunny Isles Beach
July 7, 2009
The Contractor and the Owner desire to enter into an arrangement whereby certain purchases under the
Contract can be made through the Owner as a means of taking advantage of the Owner's status exempt from sales
and use tax.
I. Notwithstanding anything in the Contract to the contrary, the Owner shall directly purchase all
materials and equipment identified in the Contract Documents as required for incorporation into the
Project ("Owner-Provided Materials"). The Owner does hereby grant to the Contractor the full
authority as an agent of the Owner to prepare, place and execute Purchase Orders for and in the name
of the Owner for all Owner-Provided Materials. The Contractor as agent of the Owner shall sign such
Purchase Orders.
2. The Owner will be liable for the timely payment for all Owner-Provided Materials. The Contractor will
submit requisitions for orders of Owner-Provided materials to the Owner for approval when required.
Vendors will render statements ("OPM Invoices") to the Owner for any Owner-Provided Materials
purchased. The Owner will provide copies of all OPM Invoices to the Contractor upon approval by the
Owner. After reviewing the OPM Invoices, the Contractor will return these OPM Invoices with proper
back up to the Owner for payment. The Owner shall make payment directly to the respective vendors
as provided in the OPM Invoices. The Owner will send such vendor payments along with Contractor
payment to the Contractor who will, as Owner's agent, distribute such vendor payments to the
respective vendors in return for Releases of Lien. The Owner will provide Contractor with any tax
exemption certificates or other documents required or useful to provide to the vendors of Owner-
Provided Materials to evidence the tax-exempt status of the Owner.
3. The Contract Sum and GMP shall be reduced by the sum of all Costs of the Work paid by the Owner
for Owner-Provided Materials plus any applicable sales and use tax amounts initially included in the
Contract Sum and GMP for such Owner- Provided Materials.
4. The Contractor shall maintain separate accounting records for all transactions carried out under the
authority of this Agreement. Such records shall be open to the Owner during normal business hours of
the Contractor.
5. The Contractor shall select, obtain approvals, submit samples, price shop drawings, pursue, receive,
inspect, and accept or reject all Owner-Provided Materials purchased in the manner described herein
per the Contract. The Contractor shall remain responsible for the proper installation of all Owner-
Provided Materials and will continue to warrant its installation of these Owner-Provided Materials as
provided in the Contract. This Agreement will not be an acceptable excuse for delay to the construction
schedule.
6. The authority granted the Contractor hereunder may be revoked by the Owner at any time upon written
notice delivered to the Contractor at its offices located at: 5959 Blue Lagoon Drive, Suite 200, Miami,
FL 33126, during normal business hours,
7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not be reduced as a result
of any Owner-Provided Materials deduct change orders; i.e., the Contractor's Fee shall continue to
apply to the total sum of all remaining Costs of the Work plus the costs of all Owner-provided
Materials and plus the applicable tax amounts. Likewise, all agreed charging rates based on the GMP or
Contract Sum, including without limitation for bonds and insurance, shall continue to be charged based
on the total sum 0 Contract Sum or GMP amount plus the costs of all Owner-provided Materials
n p us e ap' IC e tax amounts.
""--
~
~
Coastal Construction Company
ACORDM CERTIFICATE OF LIABILITY INSURANCE OPID sw I DATE IMMIDD/YYYY]
COAST10 07/07/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A' Amerisure MUtual Ins. Co,+ 23396
Coastal Construction of Monroe
Inc.dba Coastal Construction INSURER B *berJ.suYII! InsurAnce Co.pany+ 19488
Co~any INSURER C' North River Insurance COll.pany+ 21105
Att: Debra Whiteman
5959 Blue La~oon Drive-Ste 200 II,SURER D: Bridg'et'1@ld Casualty Ins eo+ 10335
Miami FL 331 6
INSUREr, E
COVERAGES
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 OTtjER 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
11NSR om: POLICY NUMBER PD~~I&~fcE8~E POLICY EXPIRAilON LIMITS
L TR NSRC TYPE OF INSURANCE DATE IMMIDDNYI
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- 06/30/09 06/30/10 ~
A X COMMERCIAL GENERAL LIABILITY GL206290800 PREMISES (Ea occuranca) $300,000
I CLAIMS MADE ~ OCCUR MED E.XP (MY one person) $ 10,000
PERSONAL & ADV INJURY $1,000,000
-
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT .APPLIES PER PRODUCTS. COMP/OP AGG $2,000,000
I !Xl PRO- nLOC EBL 1,000,000
POLICY X JECT
AUTOMOBILE LIABILITY COM[JINED SINGLE LIMIT
- $1,000,000
B X ANY AUTO CA206290600 06/30/09 06/30/10 lEa aCCident)
-
ALL OWNED AUTOS BODIL Y INJURY
- I Per person) $
SCHEDULED AUTOS
- 06/30/09
B X HIRED AUTOS CA206290600 06/30/10 BODILY INJURY
- $
B X NON-OWNED AUTOS CA206290600 06/30/09 06/30/10 (Per accident)
-
- PROPERTY DAMAGE $
IPar accidant~
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
=1 ANY AUTO OTHER TI-W>J EA ACC $
AUTO ONL Y: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $25,000,000
C ~ OCCUR o CLAIMS MADE 5530925043 06/30/09 06/30/10 AGGREGATE $50,000,000
Prod. Agg $25,000,000
~ DEDUCTIBLE $
X RETENTION $0 $
. I we STATU- I IVER'
WORKERS COMPENSATION AND X TORY lIMI IS
EMPLOYERS' LIABILITY 19605968 04/01/09 04/01/10 $1,000,000
D ANY PROPRIETORIPARTNERlEXECUTIVE E L EACH ACCIDENT
OFFICERIMEMBER EXCLUDED? E L DISEASE. EA EMPLOYEE $1,000,000
If yes, describe ufld~r EL DISEASE. POLICY LIMIT $1,000,000
SPECIAL PROVISIONS below
OTHER
A Inland Marine IM206291000 03/30/09 06/30/10 Leased $2,820,000
Equipment
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project - Heritage Park and Parking Garage
Certificate holder as Additional Insured as required by written contract,as
per ISO Fo:rm CG2010 1185. * 10 Day Notice of Cancellation for Non Payment.
CERTIFICATE HOLDER
CANCELLATION
SUNNYIS
SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF Am KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORI~RESE
~~.,
city of Sunny Isles Beach
18070 Collins Avenue,4th Floor
Sunny Isles Beach FL 33160
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
...
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
"
ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID sw I DATE (MMIDD1YYYY)
COAST:1.0 07/07/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brown & Brown of Florida, Inc. ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 5727 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Lauderdale FL 33310-5727
Phone: 954-776-2222 Fax: 954-776-4446 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A. Amerisure Mutual Ins. Co.+ 23396
Coastal Construction of Monroe
Inc.dba Coastal Construction INSURER B *ber1I1ur. Insurance- COlRpany-t- 19488
COII1pany INSURER C: 21:1.05
Att: Debra Whiteman North River Insurance coltpa.ny+
5959 Blue La~oon Drive-Ste 200 INSURER D Br1d;etield Casualty :Ins co+ 10335
Miami FL 33:1. 6
INSURER E.
COVERAGES
TI-iE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI-iER DOCUMENT WITH RESPECT TO WHICH TI-iIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, TI-iE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO N-L TI-iE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
Lm ~~RC TYPE OF INSURANCE POLICY NUMBER ~~~~~6',w-)~ -OATE'IMMIODIYYI LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
f--
A X COMMERCIAL GENERAL LIABILITY GL206290800 06/30/09 06/30/:1.0 PREMISES (Ea occurence) $300,000
f-- ~ CLAIMS MADE ~ OCCUR
MED EXP (Anyone person) $10,000
f--
PERSONAL & I'DV INJURY $ 1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGe $ 2,000,000
n [Xl PRO- nLOC EBL 1,000,000
POLICY X JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f-- $1,000,000
B X ANY AUTO CA206290600 06/30/09 06/30/:1.0 lEa accldenl)
f--
ALL OWNED AUTOS BODIL Y INJURY
f-- $
SCHEDULED AUTOS I Per person)
f--
B X HIRED AUTOS CA206290600 06/30/09 06/30/:1.0 BODILY INJURY
f-- $
B X NON-OWNED AUTOS CA206290600 06/30/09 06/30/:1.0 (Per accident)
f--
PROPERTY DAMA.GE $
(Per accident)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
R ANY AUTO OTI-iER 1HAN EA ACC $
AUTO ONL Y: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $25,000,000
C 8 OCCUR D CLAIMS MADE 5530925043 06/30/09 06/30/:1.0 AGGREGATE $ 50,000,000
Prod. Agg $25,000,000
~ DEDUCTIBLE $
X RETENTION $0 $
WORKERS COMPENSATION AND X ITOk'vtIMI'TS I /UIH-
ER
D EMPLOYERS' LIABILITY 19605968 04/01/09 04/01/:1.0
ANY PROPRIETORfPARTNERlEXECUTIVE E L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $1,000,000
If yes. describe undPr $1,000,000
SPEC IN- PROVISIONS below E L DISEASE - POLICY LIMIT
OTHER
A Inland Marine IM206291000 03/30/09 06/30/10 Leased $2,820,000
Equipment
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
project - Heritage Park and Parking Garage
Certificate holder as Additional Insured as required by written contract, as
per ISO Form CG2010 1:L85. * 10 Day Notice of Cancellation for Non Payment.
CERTIFICATE HOLDER
CANCELLATION
SUNNYIS
SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF Am KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A~dL~SE . TWE
@ACORD CORPORATION 1988
City of Sunny Isles Beach
18070 Collins Avenue,4th Floor
Sunny Isles Beach FL 33160
ACORD 25 (2001/08)
..
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/081
-
1001 Franklin Avenue, Suite 208
Garden City, NY 11530 * 516-414-8900 telephone * 516-414-8988 fax
July 8, 2009
Mr. Dan Whiteman
President
Coastal Construction Company
5959 Blue Lagoon Drive, Suite 200
Miami, FL 33126
Re: Duplicate Original Bond Filings in Florida
Dear Mr. Whiteman:
The latest version of Florida Statute 255.05 requires that a contractor who enters into a contract
with a PUBLIC ENTITY in the State of Florida must provide Performance and Payment bonds
for the project and record the bonds in the public records of the County where the improvement
is located.
Therefore, we are enclosing a duplicate original set of this Payment and Performance bond which
needs to be filed with the Clerk of the Circuit Court in the County in accordance with Florida
Statute 255.05.
Sincerely, /;
Enclosure
Cc: Safeco Insurance Company of America
RFF & Associates, Inc.
1001 Franklin Avenue, Garden City, NY 11530. tel: 516-414-8900. fax: 516-414-8987
~
FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Bond No.:
Contractor Name:
6652782
Coastal Construction of Monroe, Inc. d/b/a Coastal Construction
Company
5959 Blue Lagoon Drive, Miami, FL 33126
(305) 559-4900
Safeco Insurance Company of America
Contractor Address:
Contractor Phone No.:
Surety Company:
Owner Name:
Owner Address:
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles, FL 33160
Owner Phone No.:
Obligee Name:
(If different from property
Owner, or Dual Obligee)
Obligee Address:
(305) 792.1701
Same as above
Same as above
Obligee Phone No.:
Bond Amount:
Same as above
Six Million Six Hundred Thousand Forty and 00/100 (6,600,040.00)
Contract No, (if applicable)
Description of Work:
N/A
Heritage Park and Parking Garage - Five Level Parking Garage and 3
Acre Park
Project Location:
A four acre parcel bordered by Collins Avenue on the East, Lehman
Causeway on the South, Gallahad-Dade Road on the North and Ocean
View Residential Complex on the West
Legal Description:
See Above
This Bond has been furnished to comply with the requirements of F.S. 255,05, This bond is hereby amended such that
all provisions and limitations, including conditions, notice and time limitations of F.S. 255,05 are incorporated herein by
reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in
excess of the minimum of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond, not a
common law bond,
This is the front page of the Performance/Payment Bond(s) regardless of preprinted numbers on other pages
issued in compliance with Florida Statute 255.05,
n/sha re/bonds/frontpag
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 6652782
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Coastal Construction of Monroe,
Inc. d/b/a Coastal Construction Company
5959 Blue Lagoon Drive
Miami, FL 33126
OWNER (Name and Address):
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
CONSTRUCTION CONTRACT
Date:
Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Description (Name and Location): Heritage Park and Parking Garage - Five Level Parking Garage and 3
Acre Park
BOND
Date (Not earlier than Construction Contract Date): July 8, 2009
. Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Modifications to this Bond: ~ None D See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Coastal Construction of Monroe,
Inc, d/b/a Coastal Constr n Company
Itle: J)Q.N,&..e.. w..l~
f~ I 0C.t"t"
(Any additional signatures appear on page 3)
(FOR INFORMA nON ONL Y - Name, Address and Telephone)
AGENT or BROKER:
RFF & Associates, Inc.
1001 Franklin Avenue, Suite 208
Garden City, NY 11530
516-414-8900
SURETY (Name and Principal Place of Business):
Safeco Insurance Company of America
2055 Sugarloaf Circle
Duluth, GA 30097
Principal Location
Safeco Plaza, Seattle, WA 98185
SURETY
Company: (Corporate Seal)
Safeco Insurance Company of America
Signatur~Vl^ LIt. kll'-uh, ';z
Name and TiYe:Gerard S. Macholz
. Attorney-in-Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party) :
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW" WASHINGTON, D,C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
1
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10' Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W" WASHINGTON, D.C, 20006
THIRD PRINTING. MARCH 1987
A312-1984
3
Bond 6652782
PAYMENT BOND
Conforms with The American Institute of Architects
AlA Document A312
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY:
Coastal Construction of Monroe, Inc. d/b/a Coastal Construction Company
5959 Blue Lagoon Drive
Miami, FL 33126
Safeco Insurance Company of America
Safeco Plaza, Seattle, WA 98185
Branch Location
2055 Sugarloaf Circle, Duluth, GA 30097
OWNER (Name and Address):
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
CONSTRUCTION CONTRACT
Date:
Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Description (Name and Location): Heritage Park and Parking Garage - Five Level Parking Garage and 3 Acre Park
BOND
Date (Not earlier than Construction Contract Date): July 8, 2009
Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Modifications to this Bond: D None
CONTRACTOR AS PRINCIPAL
Company:
d fa Coastal Construction Company
Signature:
Name and Title. ~lU. G .W.""""(l:.
P~\~
SURETY
Safeco Insurance Company of America
Signature: ,/[;1A. 9 '. L. ,,01. /
Name and Title}:;erard S. Macholz
Attorney-in-Fact
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER:
RFF & Associates, Inc.
1001 Franklin Avenue, Suite 208
Garden City, NY 11530
516-414-8900
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
:lssigns to the Owner to pay for labor, materials and equipment
furnished for use in the performance of the Construction Contract,
which is incorporated herein by reference.
2 With respect to the Owner, this ob]igation shall be null and
void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
S-2149GE 012008
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
from claims, demands, liens or suits by any person or entity
whose claim, demand, lien or suit is for the payment for labor,
materials or equipment furnished for use in the performance of
the Construction Contract, provided the Owner has promptly
notified the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands, liens or
suits and tendered defense of such claims, demands, liens or
suits to the Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
Page f of 3
XDP
.
.
MODrFICATIONS TO THIS BOND ARE AS FOllOWS:
Sub paragraph 4.3 is added as follows:
4.3 Claimant has fumished to Surety proof of elaim duly sworn to by Claimant, along with adequate supporting documentation which
proves the amount claimed is due and payable.
Paragraph 5 is amended as follows:
5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance.
Paragraph 6 is deleted in its entirety and the following is substituted in its place:
6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of
claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed
and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to
support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, payor makc arrangements for
payment of any undisputed amount; provided, howcver, that the failure of the Surety to timely discharge its obligations undcr this
paragraph or to dispute or identifY any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by
the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim.
Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy
availab]e to it under this Bond.
. . .
TIlis Bond has been furnished to comply with the requirements of Section 255.05, 7132~,. or 7132.45. Flo~da S~~. whichever is
applicable. It is hereby amended such that all provisions and Jimitations, including CO~dltlOns, ~Otice. and time lImitations of the
applicable statute are incorpofllled herein by reference. Any ptovision of this bond winch conflicts WIth or purports to grant broa~
or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted herefrom, ThIs
bond is a statutory bond. not a conunon law bond.
(Space is provided below for additional signahlres of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
S-2149GE 012008
Page 3 of 3
ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION
I
STATE OF ........................} S5
COUNTY OF .....................
On this ................................. day of ..........................................., ......... before me personally appeared
..................,............................................................ to be known. who, being by me dUly sworn, did depose and
- .
say; that ~e/she resides at ........ ............ .....~.............. ...... ... ...... ... ...... ... .......... :.............. .............., that he/she
Is the ................. ..:... ........... President of....... .......... ........ ........ ........ ....... ..................;........ ..... ...... ........... ..... th~
corporation described in and which executed. the within insurance instrumen't; that he/she knows the seal of
said corporation; that the seal affixed to said instrument is such corpo~te seal; that is was so affixed by the
Board of Directors of said corporation; and that he/she signed his/her name thereto by like order.
....,..................................................................................,............
ACKNOWLEDGMENT OF PRINCIPAL -IF INDIVIDUAL OR FIRM
STATE OF.........~..............} S8
COUNTY OF .......................
On this ................................. day of :..................... ......... ............., ... .... .... before me personally appeared
..................................................;.................................. to me !<now to be (the Individual) (one of the firm) of
.......................................... .......:................................, described in and who' executed the within i~trument
. and he/she thereupon acknowledged to me that he/she executed ~he same (as the a~ and deed of said firm).
/
.........;........... .......... It .... ....t., ... I.,..t It ..... ...............................~. It
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF ...~;."';'.~~~~............ }
N ss
COUNlY OF ...... ~~~~~.... ... ...
July 8, 2009 / Gerard .S. Macholz
On this ..........;......................................, before me personally came .........:......."...........................................
to me known, who, being by. me duly ~worn, djd depose and say; that he/she resides in
......".~~:.~~.~.~.~~.~:~.................................. State of ...N~:(ork.... ......_...~.. that he/she Is the Attorney-in-Fact of the
Safeco Insurance Company of America '. . th tl d 'b d I which t d the
................................................................................... e corpora on escn en. execu e
above instrument; that he/she knows 'the seal of said corporation; that the seal affixed 10 said Instrument is
such corporate seal; that is was so affixed by the Board of Directors of sa.id corporation; and that he/she'signed
hi.slher name thereto by like order; and the affiant did further. depose and say that the Superintendent of
Insurance of the State of New York,t has, pursuant to Section 11.11 of the Insurance Law of the State of New
Y rV' d t Safeco Insurance vompany' of America . (S t) hi /h rtlfi t f
q~:illfi~~~~~ e~ci~~~i~~ith~' q~.~iifi~~ti;.~.~i ~~Id .C~.~p~~y~~~~1i~.~~~i~~~y:u~d~r a~: I~W O~ th~ ~~te I~r.~e~
York as surety and guarantor, and the propriety of acc:z:;:ptmg Ihd approving' It ~s such; and that such certificate
,has not been revoked. . _ . . _) _
-". ...... .~. ..........,..~.....................
-Not
NY acknowl~dg~li1~nt
. ,
SUSM lUPSICI
.1IObrY PlIbI~, State of New !_
No.OllUti091366
Qualjft~ In N<ISIidU county
~ fllplra August 18, 2011.
'w
~ Libertx
~lvlutuaL
POWER
OF ATTORNEY
Safeco Insurance Company of America
General Insurance Company of America
1001 4th Avenue
Suite 1700
Seallle, WA 98154
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and
Washington corporation, does each hereby appoint
No. 13188
GENERAL INSURANCE COMPANY OF AMERICA, each a
********RICHARD G. AVERY; THOMAS BEAN; KAREN BOWLING; GEORGE O. BREWSTER; PETER F. JONES; SUSAN
lUPSKI; GERARD S, MACHOLZ; CAMilLE MAITLAND; DIANA L. PARKER; ROBERTT. PEARSON; RITA SAGISTANO;
Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Clark, New
Jersey; RUSSEll M. CANTERBURY; JOANN DOMBROWSKI; MARION R. VAil; Farmington, Connecticut***********
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
215t
day of
March
2009
'P<<1t-r ~<h1
.
1MuO~ '
Dexter R. Le!!!!, Secretary Timothy A. Mikolaiewskl, Vice President
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint Individuals as
attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any Instrument making or evidencing
such appointment. the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company. the seal, or a facsimile thereof. may be Impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking..
Extract from a Resolution of the Board of Directors of SAFECO INSU,[~ANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any.certificate executed by the Secretary or an assistant secretary of the Company selting out,
(I) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(Iii) Certifying that said power-of-attorney appointment Is In full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the
Power of Attomey are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
8th
day of
July
. 2009
p,x-/t1 ~, h1
Dexter R. Legg, Secretary
S-0974/OS 3/09
WEB PDF
~" I "I
':- _1 Jertv
If. ..... ,/.
. i\'tth.UaL
SAFECO INSURANCE COMPANY OF AMERICA
FINANCIAL STATEMENT - DECEMBER 31, 2008
Assets
Cash and Bank Deposits ....,.,............................... $ 267,363,750
'Bonds - U,S Govcrnment........,..................................., 13,359,352
.Other Bonds .........,. ........ .,.... ......, ........ ............,.. ,.., 2,353,906,395
'Stocks ............................................,....................... 281,831,749
Real Estate..............,......................,.........,.......,..,.......... 0
Agents' Balances or Uncollected Prcmiums.........,.......557,216,809
Accrued Interest and Rents...................................,
Other Admitted Assets...................,.......,...............
34,037,369
444.517.784
Total Admitted Asscts ................................... S3 9!i2 233 lOll
Lia bilities
Unearned Premiums.......,..............................,....... $ 666,660,985
Reserve for Claims and Claims Expcnsc ..,..,..,..........1.577,767,462
Funds Held Under Reinsurance Treaties,....,......... 430,979
Reserve for Dividends to Policyholders......,...,.......,...... 2,164,985
Additional Statutory Reserve ........................,.,.....
Reserve for Commissions, Taxes and
Other Liabilities .................,.,.,.............,........,. 935.383.360
Total........................................................... 53,128,407,771
Special Surplus Funds...... $ 3,399,995
Capital Stock...........,..............,..... 5,000,000
Paid in Surplus..............,.......,......... 346,118,108
Unassigned Surplus................... 415.307.334
Surplus to Policyholders............................. 769.825.437
Total Liabilities and Surplus.............................. $3.952233 20R
· Honds are stated at amortized or investment value; Stocks at Association Market Values.
Securities carried at $113,984,922 are deposited as required by law.
I, TIM MIKOLAJEWSKI, Vice-President of SAFECO Insunmce Company of America, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2008, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this IsI day of
March, 2009.
S-1262. 3109
.
\1\-mA~~~A
Vice-President
1001 Franklin Avenue, Suite 208
Garden City, NY 11530 * 516-414-8900 telephone * 516-414-8988 fax
July 8, 2009
Mr. Dan Whiteman
President
Coastal Construction Company
5959 Blue Lagoon Drive, Suite 200
Miami, FL 33126
Re: Duplicate Original Bond Filings in Florida
Dear Mr. Whiteman:
The latest version of Florida Statute 255.05 requires that a contractor who enters into a contract
with a PUBLIC ENTITY in the State of Florida must provide Performance and Payment bonds
for the project and record the bonds in the public records of the County where the improvement
is located.
Therefore, we are enclosing a duplicate original set of this Payment and Performance bond which
needs to be filed with the Clerk of the Circuit Court in the County in accordance with Florida
Statute 255.05.
S.incere~l>/
./' I~
- Susan ups i
Enclosure
Cc: Safeco Insurance Company of America
RFF & Associates, Inc.
1001 Franklin Avenue, Garden City, NY 11530. tel: 516-414-8900. fax: 516-414-8987
-
"
FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Contractor Address:
Contractor Phone No.:
Surety Company:
6652782
Coastal Construction of Monroe, Inc. d/b/a Coastal Construction
Company
5959 Blue Lagoon Drive, Miami, FL 33126
(305) 559-4900
Safeco Insurance Company of America
Bond No.:
Contractor Name:
Owner Name:
Owner Address:
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles, FL 33160
Owner Phone No.:
Obligee Name:
(If different from property
Owner, or Dual Obligee)
Obligee Address:
(305) 792-1701
Same as above
Same as above
Obligee Phone No.:
Bond Amount:
Same as above
Six Million Six Hundred Thousand Forty and 00/100 (6,600,040.00)
Contract No. (if applicable)
Description of Work:
N/A
Heritage Park and Parking Garage - Five Level Parking Garage and 3
Acre Park
Project Location:
A four acre parcel bordered by Collins Avenue on the East, Lehman
Causeway on the South, Gallahad-Dade Road on the North and Ocean
View Residential Complex on the West
Legal Description:
See Above
This Bond has been furnished to comply with the requirements of F.S, 255,05. This bond is hereby amended such that
all provisions and limitations, including conditions, notice and time limitations of F,S. 255.05 are incorporated herein by
reference. Any provision of this bond which conflicts with or purports to grant broader or more expanded coverage in
excess of the minimum of the applicable statute shall be deemed deleted herefrom, This bond is a statutory bond, not a
common law bond,
This is the front page of the Performance/Payment Bond(s) regardless of preprinted numbers on other pages
issued in compliance with Florida Statute 255.05.
nl s h a re/bo n d s/fro n tp ag
THE AMERICAN INSTITUTE OF ARCHITECTS
011:i~...
~,\' II
II
Bond No. 6652782
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Coastal Construction of Monroe,
Inc. d/b/a Coastal Construction Company
5959 Blue Lagoon Drive
Miami, FL 33126
OWNER (Name and Address):
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
CONSTRUCTION CONTRACT
Date:
Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Description (Name and Location): Heritage Park and Parking Garage - Five Level Parking Garage and 3
Acre Park
BOND
Date (Not earlier than Construction Contract Date): July 8, 2009 '
. Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Modifications to this Bond: ~ None 0 See Page 3
SURETY (Name and Principal Place of Business):
Safeco Insurance Company of America
2055 Sugarloaf Circle
Duluth, GA 30097
Principal Location
Safeco Plaza, Seattle, WA 98185
CONTRACTOR AS PRINCIPAL
Company:
Coastal Construction of Monroe,
Inc. d/b/a coastal~ompanY
Signa~~
Name and Title: ~l\l11!.1. e.. WH'""q~
VeE.~I~
(Any additional signatures appear on page 3)
(FOR INFORMA nON ONL Y . Name, Address and Telephone)
AGENT or BROKER:
RFF & Associates, Inc.
1001 Franklin Avenue, Suite 208
Garden City, NY 11530
516-414-8900
-------
SURETY
Company: (Corporate Seal)
Safeco Insurance Company of America
Signatur~{f2h ~/'I ~
Name an itls: Gerard S. f)'lIacholz
/ Attorney-in~Fact
(Corporate Seal)
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party) :
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED, . AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW" WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
1
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contrac;tor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA OOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.' AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D,C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
3
Bond 6652782
PAYMENT BOND
Conforms with Thc American Institute of Architects
AlA Documcnt A312
Any singular rcferencc to Contractor, Surety, Owner or other party shall be considered plural whcre applicable.
CONTRACTOR (Name and Address): SURETY:
Coastal Construction of Monroe, Inc. d/b/a Coastal Construction Company
5959 Blue Lagoon Drive
Miami, FL 33126
Safeco Insurance Company of America
Safeco Plaza, Seattle, WA 98185
Branch Location
2055 Sugarloaf Circle, Duluth, GA 30097
OWNER (Name and Address):
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
CONSTRUCTION CONTRACT
Datc:
Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Description (Name and Location): Heritage Park and Parking Garage - Five Level Parking Garage and 3 Acre Park
BOND
Date (Not earlier than Construction Contract Date): July 8, 2009
Amount: $6,600,040.00 Six Million Six Hundred Thousand Forty Dollars and 00/100
Modifications to this Bond: 0 None
CONTRACTOR AS PRINCIPAL
Company:
b/a Coastal Construction Company
Signature:
Name and Title: ~'6.l.. &, ....,\.f,,~
P~C,1064VT
SURETY
Safeco Insurance Company of America
Signature@?di\~ Mt~l i
Name and Ti~t Gerard S~ Macholz
Attorney-in-Fact
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER:
RFF & Associates, Inc.
1001 Franklin Avenue, Suite 208
Garden City, NY 11530
516-414-8900
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
:lssigns to the Owner to pay for labor, materials and equipment
rumished for use in the performance of the Construction Contract,
which is incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null and
void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
S-2149GE 012008
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
from claims, demands, liens or suits by any person or entity
whose claim, demand, lien or suit is for the payment for labor,
materials or equipment fumished for use in the performance of
the Construction Contract, provided the Owner has promptly
notified the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands, liens or
suits and tendered defense of such claims, demands, liens or
suits to the Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
Page1of3
XDP
MODiFICATIONS TO THIS BOND ARE AS FOllOWS:
.
Sub paragraph 4.3 is added as follows:
4.3 Claimant has fumishcd to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which
proves the amount claimed is due and payable.
Paragraph 5 is amcnded as follows:
5 If a notice required by paragraph 4 is given by Owner to the Contractor and to thc Surety, that is sufficient compliance.
Paragraph 6 is delctcd in its cntirety and the following is substituted in its place:
6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of
claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed
and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to
support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, payor make arrangements for
payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this
paragraph or to dispute or identifY any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by
the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim.
Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy
available to it under this Bond.
. .' .. .
This Bond has been furnished to comp~ with the requirements of Section 25~.05. 7l3.2~,.or 7132.45. Flo~da S~, whichever is
applicable. It is hereby amended such that all provisions and.1imitations, including co~dltlons, ~otice.and tlmehnlltallons of the
applicable statute are incorpofl\led herein by reference. Any ptovision of this bond winch COnfliCts WIth or purports to grant broa~
or more expanded coverage in excess of the minimum requirements of the applicable statute shall be deemed deleted hcrefrom, This
bond is a statutory bond, not a common law bond.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
S-2149GE 012008
Page 3 of 3
ACKNOWLEDGMENT OF PRINCIPAL -IF A CORPORATION
I
STATE OF ......... .., ............ }
ss
COUNTY OF .....................
On this ................................. day of ..........................................., ......... before me personally appeared
............................................................................... to be known, who, being by me dUly sworn, did depose and
- , .
say; that. ~e/she resides at .... .... ............... ..~..... ......... . .. ... ... ...... ... ...... ........... ..:............................, that he/she
Is the ................ ...:... ........... President of.... ....... .............. ..,. .... ......: ................ ..........~..... ........ ......... ........ ..... th~
corporation described in and which executed, the within insurance instrumen't; that he/she knows the seal of
said corporation; that the seal affixed to said instrument is such corpo~te seal; that is was so affixed by the
Board of Directors of said corporation; and that he/she signed his/her name thereto by like order.
....... ..O' .... ......O'.. ....... .................. ......... ..O' ...... .... .........~........ ,.,,.,. ........
ACKNOWLEDGMENT OF PRINCIPAL -IF INDIVIDUAL OR FIRM
STATE OF.........~..............} ss
COUNTY OF ......................
On this .................................. day of :.........................................., ........... before me personally appeared
..................................................;.................................. to me ~now to be (the individual) (one of the firm) of ,
L.'
............................................ ......................................, described in and. who '. executed the within Instrument
. .
. and he/she thereupon acknowledged to me that he/she executed ~he same (as the a~ and deed of said firm).
. , .
......................................................... .....................................,!'..,
ACKNOWLEDGMENT OF SURETY COMPANY
STATE OF ...~;.":'.';'~~~............ }
N ss
COUNTY OF ......~~~~~..........
July 8, 2009 / Gerard !3. Macholz
On this ..........;............ ........... .......... ....., before me personally came .. .......:......."...........................................
to me known, who, being by. me duly !3worn. did depose and say; that he/she resides In
.........~~:.~~.~.~.~~.~~L..............................., State of ...N~:-(.orl<....... ...... .~.. that he/she Is the Attorney-In-Fact of the
Safeco Insurance Company of America '. . th tl d 'b d I hi h t d th
................................................................................... e corpora on escfI e n w. c execu e e
above instrument; that he/she knows 'the seal of said corporation; that the seal affixed to said Instrument is
such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed
hi.slher name thereto by like order; and the affiant did further, depose and say that the Superintendent of
Insurance of the State of New York..! has, pursuant to Section 11.11 of the Insurance Law of the State of New
Y rV' d t Safeco Insurance l,;ompany' of America . (S ty) h' I Ih rt'fi t f
0"" Issue 0 ......................................................."............................. ure s er ce IICa eo
quaflficatlon evidencing the qualification of said Company. and its ufficlency. under Amy law of the State o~ Ne~
York as surety and guarantor, and the propriety of accepting an apprOVln~'lt a~s s ch; and that such certificate
has not been revoked. . t I _.
, . 1:i.u..A.... . ... ... .............................
. ota ublic
~
~ ..u.s.a
...., Public. state at New '-'
. No. OllU6097366 .,
qu.u~ In N.tsSctU County
~ ElqIInS AugUIl.... 2011 .
NY aclmowlcdgcment
. ,
... ...._......
.
.
~ Libertx
~ lvlutuaL
POWER
OF ATTORNEY
Safeco Insurance Company of America
General Insurance Company of America
1001 4th Avenue
Suite 1700
SealUe, WA 98154
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and
Washington corporation, does each hereby appoint
No. 13188
GENERAL INSURANCE COMPANY OF AMERICA, each a
********RICHARD G, AVERY; THOMAS BEAN; KAREN BOWLING; GEORGE O. BREWSTER; PETER F. JONES; SUSAN
LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; DIANA L PARKER; ROBERTT. PEARSON; RITA SAGISTANO;
Garden City. New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALERA; Clark, New
Jersey; RUSSELL M. CANTERBURY; JOANN DOMBROWSKI; MARION R, VAIL; Farmington, Connecticut*********"*
its true and lawful attomey(sHn-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFE CO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21st
day of
March
2009
D<<~ t], f11
.
---nuMl~ '
Dexter R. Le!!!!, Secretary Timothy A. Mikolaiewskl, Vice President
CERTIFICATE
Extract from the By-Laws of SAFE CO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS 'n the President. any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking..
Extract from a Resolution of the Board of Directors of SAFECO INS~~NCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
.On any ,certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(Iii) Certifying that said power-of-attorney appointment Is In full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the
Power of Al10rney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
8th
day of
July
, 2009
'ffix-lt1 t],14,
Dexter R. Legg, Secretary
5-0974/053/09
WEB POF
~ Liberty
. ~ lViutual
SAFECO INSURANCE COMPANY OF AMERICA
FINANCIAL STATEMENT - DECEMBER 31,2008
Assets
Cash and Bank Deposits ................................,..... $ 267,363,750
'Bonds - U.S Govcrnment............................................. 13,359,352
· Other Bonds.. ...., .... ,........... ..... ,.., ........ .... ...,'.'.,.. .... 2,353,906,395
· Stocks ................................................,........,...,...... 281,831,749
Real Estate ..........................,........,."..................."......... 0
Agents' Balances or Uncollected Premiums...,.....,....... 557,216,809
Accrued Interest and Rents.....,................,......,..,..,
Other Admitted Assets.........,.........,.,.....................
34,037,369
444.517.784
Total Admitted Assets ................................... S3 9<;2 233 2011
Liabilities
Unearned Premiums.............................................. $ 666,660,985
Reserve for Claims and Claims Expcnsc ...................1.577,767,462
Funds Held Under Reinsurance Treaties............... 430,979
Rescrve for Dividends to Policyholders......................... 2,164,985
Additional Statutory Reserve...................,............
Reserve for Commissions, Taxes and
Other Liabilities .............................................. 935,383.360
Total........................................................... S3,1 28,407,771
Special Surplus Funds...... $ 3,399,995
Capital Stock................................ 5,000,000
Paid in Surplus ................................346,118, I 08
Unassigned Surplus................... 415.307.334
Surplus to Policyholders............................. 769.825.437
Total Liabilities and Surplus.............................. $3.952 233.208
· Bonds are stated at amortizcd or investment value; Stocks at Association Market Values.
Securities carried at $113,984,922 are deposited as required by law.
I, TIM MIKOLAJEWSKI, Vice-President of SAFECO Insunmce Company of America, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2008, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of
March, 2009.
5-1262.3109
.
nm^~~~A
Vice-President
Preview
Page 1 of 1
'"
..,.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Rick Conner, Acting City Manager
DATE:
6/18/2009
RE:
Agreement for Heritage Park and Parking Garage Project
RECOMMENDATION:
~
..,
The City has gone through the formal process of requesting and reviewing
qualifications from contractors to build the new Heritage Park and Parking
Garage. I short listed the most qualified firms, then requested proposals from the
three finalists. After extensive review, I now recommend that the City
Commission authorize the City Manager and City Attorney to enter into a
contract with Coastal Construction to construct the Park and Parking Garage for
a total amount not to exceed Nine Million Two Hundred Fifty Thousand
($9,250,000.00) Dollars. We will finalize the proposal and provide copies to
the Commission upon completion. This action will allow us to move forward and
begin construction of the garage itself which should take ten to eleven months to
finish.
REASONS:
The price for this project is significantly below the original allocation and time is
of the essence so we would like to move forward as quickly as possible.
FUNDING SOURCE:
This project will be funded out of account number 20-600-5663.
ATTACHMENTS:
· Resolution
-....
~
Agenda Item
loB
(P-l~~ng
1.++_. II~:L ~ _ ___ _'- ., '"
Date