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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, (', . -/: ,. ". t I "),, .- ~ ~'. . ( , ~:rT.EST: ' , '.: B--"" (" I \.~ -~,,(y;, ~ ~ ~ -.-,lane'p"'. Hines, CMC, City Clerk \~, : \ /"" - .., .~ . '. < ') 'lII ,.. . ", .~... ". . j ~ ,. ..s" .. 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. 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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. ",:~ / :'>" ;'.<. ;.~ t ~, :' :~ ~ '~'!rf ~ - - - - - - - .' ,. 01 ..l'JI..ll.I~<C~~~-::-::- - '" al ~11i1~iP.lt~n~Itl.I'li "1\ - - - - - - - - - - - - - - - - - - - - - - - - - J , If ,t ------- -------- ~ o L[) <(., 13 lJ) <( 18 ~ i!j 8 ~ ~~~I! 0:: W.21 o E >- Z E li'i W 1* ~ i O::o.o.5u Q) 0) eo .... eo (!) 0) c :.s2 .... eo a.. ~ ..lo:: .... eo a.. Q) 0) eo ..... 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Q) 0) CO - .;:: Q) I <0 ~ '" '" ~ -.E ~ ~ ~>!g ~ 8"'u fJ) ",Jos ~ ~~~ O lIl08 ~M(ij o iIi Ul U cc" o 00 II t~l a; Ol '" Ol '" - ~ o v <( '" B V> Q) C> n:l .... n:l (9 C> c :i: .... n:l a.. ~ ~ .... n:l a.. Q) C> n:l ..- 'L: Q) I lO N ;;; '" iL ...........: E ~ ~s;!~ ~ 8~.Q rJ) NJ:~ .~ ~~~ o ~g~ U oQju; 55 :g DI ~&l :> lD 0> '" 0> on (f) "'r""" c... "! ~ C") ~ <( ~ 00 z :;; o ~ i= ~ () 0; UJ 0> :;; o ~ ~ o 0 (f) 8gs.c c.9 8",..:u Z ~ o .2: >. E J:> :J E ~-g -u it! ::>'[~~1l CO a.oou Q) C) C\3 .... C\3 c.9 C) c 32 .... C\3 c... ~ ~ .... C\3 c... Q) C) C\3 - 'i:: Q) J I J 10 ~ <'l <'l u: ..: E - ~ ~ C\S '-Oc: .j.....l :;; 1il.Q C/) ~~~ ~ 3~c8 0000- ..:("),!: CI Gi ~ U ceo DI I&l OJ 0> '" 0> '" 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. '\\ ~, 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. -..J 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 BC~ ___ Name & Title DANlJ:.l... E. WK-\lE.MAW, 'P(lE:S,~ ~ ~ Signatu e --c GJ/V MiJ J;. r;f1..,G-( Iv I -k... Print Name 1, , I ~ l t... ' . < A 'JiT-ES:r: . 'j , ' '. 1: - -. ..\ ~ ',-} .\ orman S. Ede1cup, Mayor -' ,'.; s4Bt~.d\i~I~~~~ · . .'BY: .,'," '. . . ">'-0 ' 1, \ .-- .' \ . --. . Jane A. Hines, CMC, City Clerk . , ,... , " 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