HomeMy WebLinkAboutReso 2011-1725
RESOLUTION NO. 2011 - \11.-S'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, A WARDING BID NO. 11-04-02
TO AND ENTERING INTO AN AGREEMENT WITH CASTLE USA
CORPORATION FOR THE DESIGN AND CONSTRUCTION OF
THE FABRIC CANOPY STRUCTURE AT HERITAGE PARK, IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY -EIGHT
THOUSAND TWO HUNDRED THIRTY -SIX DOLLARS
($128,236.00), ATTACHED HERETO AS EXHIBIT "A", BASED ON
THE TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE,
ATTACHED HERETO AS ATTACHMENT "A"; AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is in need of a contractor to design and construct a fabric canopy
structure at Heritage Park for the safety and welfare of our residents and tourists alike who utilize the
Park; and
WHEREAS, the City issued and advertised Request for Proposals (RFP) No. 11-04-02, for
the design and construction of a canopy structure at Heritage Park, for which one response was
received; and
WHEREAS, Castle USA Corporation is willing and able to provide the services; and
WHEREAS, the City wishes to enter into an Agreement with Castle USA Corporation, in an
amount not to exceed One Hundred Eight Thousand Two Hundred Thirty-Six Dollars ($108,236.00),
and a contingency in an amount not to exceed Twenty Thousand Dollars ($20,000.00), for the design
and construction of a fabric canopy structure at Heritage Park, attached hereto as Exhibit "A", based
on the terms and conditions listed in the bid response, attached hereto as Attachment "A", for a total
contract amount of One Hundred Twenty-Eight Thousand Two Hundred Thirty-Six Dollars
($128,236.00).
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 Bid and Approval of Agreement. The City Commission hereby awards Bid
No. 11-04-02 to and enters into an agreement with Castle USA Corporation for the design and
construction of a fabric canopy structure at Heritage Park, in a total amount not to exceed One
Hundred Twenty-Eight Thousand Two Hundred Thirty-Six Dollars ($128,236.00), attached hereto as
R2011- Castle USA Corp Agml Canopy at Heritage Pk (Bid 11-04-02)
Page I on
Exhibit "A", based on the terms and conditions listed in the bid response, attached hereto as
Attachment "A".
Section 3.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 15th day of June 2011.
'ATTEST:
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. -Jane. Hines, CMC, City Clerk
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Moved by: \l\U'~ M.~o~ ~
Seconded b~: . toM~'1\\<>en.~6~ ~A=tTo
Vote: 5-0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
~(Yes)
+(Yes)
(Yes)
~(Y es)
-r(Yes)
_(No)
_(No)
_(No)
_(No)
(No)
R2011- Castle USA Corp Agmt Canopy at Heritage Pk (Bid 11-04-02)
Page 2 of2
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH CASTLE USA
CORPORATION FOR THE DESIGN AND
CONSTRUCTION OF THE FABRIC CANOPY
STRUCTURE AT HERITAGE PARK
CONTRACT NO.CIOII-050
THIS AGREEMENT, entered into this 12 day of _ II 2011, by
and between the CITY OF SUNNY ISLES BEACH (hereinafter referred s to the "City")
and CASTLE USA CORP. a Florida corporation, authorized to do business in the State of
Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number
is 3~"_~ tooT7-=<'7 .
RECIT ALS
WHEREAS, the City is in need of a contractor for the design and construction of
fabric canopy structure at Heritage Park ("Services"), as more particularly described in
Attachment "A", attached hereto and made a part hereof; and
WHEREAS, the Contractor is qualified, willing and able to provide the Services on
the terms and conditions set forth herein; and
WHEREAS, the City desires to enter into this Agreement with Contractor to provide
the Services in a total amount not to exceed One Hundred Eight Thousand Two Hundred
Thirty-Six Dollars ($108,236.00).
NOW THEREFORE, in consideration of the foregoing and' for the mutual
covenants, representations and warranties and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall provide to the City the Services as more particularly
described in Attachment "A" attached hereto and made a part hereof.
3. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth in Paragraph 10 hereunder, the term of this Agreement shall commence from the
execution date of this Agreement and the Services shall be completed no later than 100 (One
Hundred) days thereafter.
4. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event
the Services are not completed within 100 (One Hundred) days from the execution date of
this Agreement, and in the absence of any extensions granted by City, then the Contractor
shall be required to pay a liquidated damage penalty of $700.00 (Seven Hundred Dollars) for
each calendar day beyond the 100 (One Hundred) days completion period, continuing to the
time at which the Services are complete. Such amount is the actual cash value agreed upon
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as the loss to City resulting from Contractor's delay. Additionally, the City shall also be
entitled to withhold 50% of the total Compensation to be paid to Contractor until final
completion and acceptance of the Services.
5. COMPENSATION. The Contractor agrees to provide the Services in a total amount
not to exceed One Hundred Eight Thousand Two Hundred Thirty-Six Dollars ($108,236.00)
("Compensation"). The City is not required to reimburse the Contractor for any services
beyond the agreed upon Compensation unless the services are authorized by amendment and
approved as required by the City's purchasing procedures. Payment to Contractor for all
charges and tasks under this Agreement shall be in accordance with this Agreement and a
schedule of charges reflected in Attachment "A".
The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses,
permits, overhead or any other expenses or costs unless any such expense or cost is incurred
by Contractor with the prior written approval of the City Manager or his designee. If the City
disputes any charges on the invoices, it may make payment of the uncontested amounts and
withhold payment on the contested amounts until they are resolved by agreement with
Contractor.
6. INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in
this agreement or any action of the parties shall be construed to constitute or to render the
Contractor an employee, partner, agent, shareholder, officer or in any other capacity other
than as an independent contractor other than those obligations which have been or shall have
been undertaken by the City Contractor shall be responsible for any and all of its own
expenses in performing its duties as contemplated under this agreement. The City shall not
be responsible for any expense incurred by the Contractor. The City shall have no duty to
withhold any Federal income taxes or pay Social Security services and that such obligations
shall be that of the Contractor, other than those set forth in this agreement. Contractor shall
furnish its own transportation, office and other supplies as it determines necessary in carrying
out its duties under this agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minimum
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, contractors or employees, as more particularly set
forth below:
(a) General liability insurance with limits of One Million Dollars
($1,000,000) combined single limit occurrence. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive
General Liability Policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
Premises and/or Operations.
Independent Contractors.
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Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific
Agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
The City of Sunny Isles Beach is to be named as an additional insured
with respect to liability arising out of operations performed for the
City by or on behalf of Contractor or the acts or omissions of
Contractor in connection with such operation.
(b) Workers' Compensation insurance to apply for all employees in
compliance with the Workers Compensation Law of the State of Florida and
all applicable federal laws.
(c) Business Automobile Liability Insurance with minimum limits of Five
Hundred Thousand Dollars ($500,000.00) per occurrence combined single
limit for Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability Policy, without restrictive endorsements, as
filed by the Insurance Services Office and must include:
Owned vehicles.
Hired and non-owned vehicles.
Employers' non-ownership.
Such policies of insurance shall not diminish Contractors indemnification obligations
hereunder. The insurance policy shall be issued by such company, in such forms and with
such limits of liability and deductibles as are acceptable to the City and shall be endorsed to
be primary over any insurance, which the City may maintain. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the City
certificates of insurance evidencing the minimum required coverage and appropriately
endorsed for contractual liability with the City named as an additional insured. All policies
shall contain a waiver of subrogation endorsement. All policies and certificates shall be in
forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) calendar days prior written notice to the City Manager
or his designee.
8. PERFORMANCE AND PAYMENT BOND
8.1 With the execution and delivery of this Agreement, the Contractor shall
furnish the following Surety bond in form contained herein:
a. Performance and Payment Bond guaranteeing full and faithful
execution of the Services in an amount equal to 100 percent of the Compensation as set forth
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in Section 5 above, and including guaranteed repair and maintenance of all defects due to
faulty materials and workmanship that appear within one year after completion of contract.
8.2 The Performance and Payment Bond shall be executed by Surety authorized
to do business in the State of Florida and listed on the latest U.S. Treasury Department list of
companies holding certificates of authority as acceptable sureties on Federal Bonds.
8.3 The Performance and Payment Bond shall executed by an Attorney-in-Fact on
behalf of the Surety, shall have affixed thereto a certified and current copy of Power of
Attorney, indicating the monetary limit of such power.
8.4 Qualifications: As to companies being rated acceptable:
A Performance and Payment Bond must be executed by a Surety Company of recognized
standing, authorized to do business in the State of Florida and having been in business with a
record of successful continuous operation for at least (5) years. In addition to the above
minimum qualifications, the Surety Company must meet the following additional
qualifications.
1. The City will accept a surety bond from a company with a rating of B++ or
better for bonds up to $1 million, provided, however, that if any Surety Company appears on
the watch list that is published quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the Surety Company based on
the financial information available to the City. A Surety Company that is rejected by the City
may be substituted by the bidder or proposer with a surety company acceptable to the City,
only if the bid amount does not increase.
a. The Surety Company shall have at least the following mmlmum
ratings:
Amount of Bond Policyholder's Rating Financial Size Category
100,000 to 1,000,000 B++ Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
2,000,001 to 5,000,000 A Class VII or higher
b. All Surety Companies are subject to review and approval by the City
Manager or his designee and may be rejected without cause. All bonds signed by an Agency
must be accompanied by a certificate of authority to act.
8.5 The Surety Company shall submit verification from the Department of
Insurance Office of the Treasurer stating the surety company's license and certificate of
authorization to do business in the State of Florida
9. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by
the Contractor pursuant to this agreement and related services to this agreement are intended
and represented for the ownership of the City only. Any other use by Contractor or other
parties shall be approved in writing by the City.
10. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Contractor agrees
to defend, indemnify and hold harmless, the City, its officers, agents, employees from, and
against any and all claims, actions, liabilities, losses and expenses including, but not limited
to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage
C1011-050 Castle USA Corp. Canopy for Heritage Park
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to property, at law or in equity, which may arise or may be alleged to have risen from the
negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other
personal entity acting under Contractor's control in connection with the Contractor's
performance of Services under this Agreement and to that extent the Contractor shall pay
such claims and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses including wrongful termination or allegations of
discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City
in defense of such claims and losses including appeals. The parties agree that ten percent
(10%) of the total compensation is a specific consideration from the City to the Contractor
for this indemnity.
11. TERMINATION.
A. If, through any cause within the reasonable control the Contractor shall fail to
fulfill in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this agreement, the City shall have the right to terminate the services
then remaining to be performed. Prior to the exercise of its option to terminate for cause, the
City shall notify the Contractor of its violation of the particular terms of the agreement and
grant Contractor ten (10) days to cure such default. If the default remains uncured after ten
(10) days the City may terminate this agreement
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor(s)) shall be
delivered to the City and the City shall compensate the Contractor for all
services satisfactoril y performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the agreement
by Contractor and the City may reasonably withhold payments to Contractor
for the purposes of set-off until such time as the exact amount of damages due
the City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed at any time by giving
written notice to Contractor which shall become effective ten (10) days following receipt by
Contractor. The terms of Paragraphs A(i) and (ii) above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Contractor is placed either in voluntary
or involuntary bankruptcy or makes any assignment for the benefit of creditors.
12. WARRANTY OF CONSTRUCTION
11.1 The Contractor shall warrant that the Services conform to the Agreement and
are free of any patent and/or latent defect of the workmanship for a minimum
period of one year from the date the Services are complete. This warranty
shall be in addition to whatever rights the City may have under state or federal
law. The Contractor's obligation under this warranty shall be at its own
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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.
12.2 Contractor warrants to the City that all materials and equipment furnished
under this Agreement will be new unless otherwise specified and will be of
good quality, free from faults and defects and in conformance with the
Agreement. 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 this
Agreement.
12.3 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 under state or federal law.
13. CHANGE ORDERS
13.1 Changes in the quantity or character of Services or to the contract amount shall
be authorized only by change orders approved in advance and issued in
accordance with the provisions of this Agreement.
13.2 All changes to the Services or the construction schedule must be pre-approved
in writing by the City Manager or his designee in accordance with the value of
the change order or the calculated value of the time extension. All change orders
must be pre-approved in writing by the City Manager or his designee.
13.3 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.
13.4 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:
C1011-050 Castle USA Corp. Canopy for Heritage Park
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. Include installation costs in purchase amount only where indicated 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 of
Services, 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
originall y indicated.
13.5 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.
14. DEFECTIVE WORK
14.1 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.
14.2 Should Contractor fail or refuse to remove or correct any defective work or to
make any necessary repairs in accordance with the requirements of this
Agreement within the time indicated in writing by the City Manager 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 Performance and
Payment Bond. In the event of failure of Contractor to make all necessary
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repairs promptly and fully, which is not cured in the cure period, the City may
declare Contractor in default.
14.3 If, within one (1) year after the date of completion of Services 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 this Agreement, any of the work is found to be defective or not
in accordance with this Agreement, Contractor, after receipt of written notice
from the City or its designee, shall promptly correct such defective or
nonconforming 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 this Agreement including but not limited to any claim regarding latent
defects.
14.4 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.
14.5 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.
15. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement without the prior written
consent of the City. Should the Contractor subcontract any services under this agreement, it
shall be done with continued liability for the Contractor. The Contractor shall remain
responsible for services, responsibilities and liabilities of any person or entity acting under
Contractor.
16. TIME OF COMPLETION. The services to be rendered by the Contractor shall be
commenced upon execution of this contract and shall be completed within 100 (One
Hundred) days after the execution date of this agreement. A reasonable extension of time
shall be granted in the event the work of the Contractor is delayed or prevented by the City or
by circumstances beyond the reasonable control of the Contractor including weather
conditions of acts of God which render the performance of the Contractor's duty
impracticable.
17. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby
knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial
in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of,
under, on or in connection with this agreement or any course of conduct, course of dealing,
statements (whether verbal or written) or actions of either of party.
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18. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by
arbitration in accordance with the procedures, rules and regulations of the American
Arbitration Association. The decision rendered by the Arbitrator shall be final and binding
upon the parties and judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All
costs of arbitration and attorneys' fees incurred by the 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 their respective attorneys' fees as may be determined
by the court on confirmation.
19. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the
term of this Agreement or any time for a period of TEN (10) years subsequent to that date
upon which the Contractor shall leave the employment of the City for any reason whatsoever,
disclose to any person or entity, other than in the discharge of the duties of the Contractor
under this Agreement, any information which the City designates in writing as "confidential."
As a violation by the Contractor of the provisions of this Section could cause irreparable
injury to the City and there is no adequate remedy at law for such violation, the City shall
have the right, in addition to any other remedies available to it at law or in equity, to enjoin
the Contractor in a court of equity for violating such provisions.
20. NOTICES. All notices and other communications required or permitted to be
given under this Agreement by either party to the other shall be in writing and shall be sent
(except as otherwise provided herein) (i) by certified or registered mail, first class postage
prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally
recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy
simultaneously sent by certified or registered mail, first class postage prepaid, return receipt
requested or by overnight delivery by traditionally recognized courier service), addressed to
such party as follows:
If to the City: Alan J. Cohen With a copy to:
City Manager Hans Ottinot
City of Sunny Isles Beach City Attorney
18070 Collins A venue City of Sunny Isles Beach
Fourth Floor 18070 Collins A venue
Sunny Isles Beach, Florida 33160 Fourth Floor
Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160
Tel: (305) 792-1702
If to the Contractor: Hernando Castillo
Castle USA Corp. VP &
Qualifier
Castle USA Corp.
3321 NW 82 A venue
Doral, Florida 33122
Tel: (305) 303-9191
21. GOVERNING LAW. This Agreement shall be governed by and construed III
accordance with the laws of the State of Florida.
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22. AUDIT. The Contractor shall make available to the City or its representative all
required financial records associated with the Agreement for a period of THREE (3) years.
23. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title
VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
12086. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex, disability
or other handicap, age, marital/familial status, or status with regard to public assistance. The
Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause. The Contractor agrees to comply with any Federal
regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally
assisted program.
24. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
reference herein as if fully set forth herein, in connection with the Agreement conditions
hereunder.
The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly which should conflict in any manner or degree with the performance of
the services. The Contractor further covenants that in the performance of this agreement, no
person having any such interest shall knowingly be employed by the Contractor. No member
of, or delegate to the Congress of the United States shall be admitted to any share or part of
this agreement or to any benefits arising therefrom.
25. CONFLICTING PROVISIONS. The terms and conditions in this agreement
supersede any other conflicting provisions that are contained in any other document,
including but not limited to any attachments hereto.
26. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties, and may be amended, waived, changed, modified, extended or rescinded only by a
writing signed by the party against whom any such amendment, waiver, change,
modification, extension and/or rescission is sought.
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WITNESSES:
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Print Name
CASTLE US~~
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BY:
. gnature & Title
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WITNESSES:
Print Name
CITY OF SUNNY ISLES BEACH
,
ATTEST:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
i~A~
j ane A.. Hines: CMC, City Clerk
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C I 0 11-050 Castle USA Corp. Canopy for Heritage Park
Page II of 11
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Castle USA Corp.
Florida Certified General Contractors - Licenses QB.58365, CGC1514321
Certifications Miami Dade County CSBE-12256, EPA NAT.l09738-1
Main address 3321 NW 82 Ave. Doral, FL 33122 Mail Address: 5620 NW 113 Pl, Doral, Fl33178
Ph: 305-303-9191 Fax: 305.513.8342 castleusa@bellsouth.net
. Structural Engin.eering Calculations - Alternative B - Ramms Engineering, Inc. - Proof of DBPR license as
Florida Certificated General Contractor. (1 page).
. Fabric Awning Subcontractor - Miami Awning Company, Inc. Proof of DBPR license as Florida
Certificated General Contractor. (1 page). Proof of Active Corporation with Florida Department of State
since June 06,1997 (2 pages)
. Electrical Contractor - Mesa Brothers, Inc. Proof of DBPR license as Florida Certificated General
Contractor. (1 page). Proof of Active Corporation with Florida Department of State since May 17, 2000
(2 pages)
. Castle USA Corp., certification as Construction Small Business Enterprise for MDC, CSBE # 12256 (1 page)
. Certificate USA Corp., certification as EPA renovator under 40 CTR Part 745.
. Professional experience of proposed Project Manager and Qualifier for this job. (1 page)
. List of references. (1 page)
Soecs for this iob:
. The structure footings will be in 3000 psi reinforced concrete. The columns will be in aluminum
structural round pipe 10" nominal diameter and schedule 40. The structural elements next to the back
stage will be in W' aluminum plate and pipe 3" nominal diameter, schedule 40. Corner sandwich
triangles and turnbuckles will be in 316 stainless. AI the studs, bolts, nuts and washers will be in stainless
steel. All the structural elements will be commercial grade, as required by the engineering calculations
and shop drawings.
. The structure will be electrostatically painted (Powder Coating Systems - By Oven Dry Process) in white
or black color, will be chosen and approved by owner as part of the submittal process.
. Canopy Fabric - Base proposal - The canopy fabric for the 3 sails will be commercial grade UV resistance,
manufactured by Ferrari Textiles, Precontraint Manufactured, and Monocolor line 542. See attached
brochure. This is a Shade and Water Proof fabric. The color(s) of the 3 fabric cover triangles or sails will
be chosen and approved by owner as part of the submittal process.
. Canopy Fabric - Optional - The optional canopy fabric will be commercial grade UV resistance,
manufactured by Ferrari Textiles, Solitis 93, and micro-ventilated textile for solar protection. See
attached brochure. The color(s) of the 3 fabric cover triangles or sails will be chosen and approved by
owner as part of the submittal process. Covered area is approximately 70 % of the stage area.
. Price quoted is based on current Florida Building Code regulations. Sails will be designed for 90 mph 3
second gusts. Canopy fabric covers or sails must be removed and carefully storage when advisory of
hurricanes (75 mph). Fabric meets with current Fire Code Regulations for Canopies Covers. Castle USA
Castle USA will deliver in written, special directives on how to remove the sails.
. Stage Area Lighting System - Lighting system will be by Altman. light fixtures will be Altman Outside
Door Par Can Stage L.ights 600A Series - 750 Watts, tungsten halogen lamps. Housing in heavy black cast
aluminum for maximum durability. See attached technical information sheet. 3 - 4 lights per pole (total
of Slights). All the cables will be hidden inside ofthe poles.
ATTACHMENT "A"
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Castle USA Corp.
Florida Certified General Contractors - Licenses Q,B-58365, CGC1514321
Certifications Miami Dade CountyCSBE-l2256, EPA NAT-109738-1
Main address 3321 NW 82 Ave. Doral, FL 33122 Mall Address: 5620 NW 113 Pl, Doral, FL 33178
Ph: 3OS-303-9191 Fax: 3OS-S13-8342 castleusa@bellsouth.net
May 17, 2011
City of Sunny Isles Beach
Government Center
18070 Collins Ave., City Clerk
Sunny Isles Beach, FL 33160
(First Floor Meeting Room)
Ref: "RFP # 11-04-02 / Desill!:n. Fabrication and Installation of Fabric Canopy Structure at Herita~e Park"
As per your instructions, attached is one (1) original and (4) copies of the completed and executed submissions
as follOWing:
. This proposal letter (2 pages)
. Proposal pre-design sketches, prepared by Castle USA Corp. (5 pages)
. Ferrari Textiles "Precontrain 542" brochure showing samples of fabric and colors offered for this project.
Shade and Water Proofing fabric.
. Ferrari Textiles "Soltis 93" brochure showing samples of fabric and colors offered as an alternative for
this project - Only for Shade proposes.
. Request for proposal, Section 6, Bid Submittal Form. (1 page).
. Section 4, Acknowledgement of addenda. (1 page)
. Construction schedule suggested by Castle USA Corp. (1 page)
. Bid Submittal Form. (2 pages)
. Notarized Non-Collusion Affidavit. (1 page)
. Notarized Sworn Statement pursuant Section 287.133(3)(a), Public Entity Crimes form. (2 pages)
. Notarized Conflict of Interest form. (1 page)
. Notarized Anti-Kickback form. ( 1 page)
. Equal opportunity / Affirmative Action form. (1 page)
. Dispute Disclosure Form (lpage)
. Certificate of current General and Auto, Commercial liability, showing the city of Sunny Isles Beach as
certificate holder. (1 page)
. Certificate of WC liability for previous project with the city of Sunny Isles Beach (1 page)
. Primary Contractor - Castle USA Corp. (GC). Proof of DBPR license as Florida Certificated General
Contractor. (1 page). Proof of Active Corporation with Florida Department of State since May 15, 2002.
. (2 pages).
. Fabric Awning Subcontractor - Miami Awning Company, Inc. Proof of DBPR license as Florida
Certificated General Contractor. (1 page). Proof of Active Corporation with Florida Department of State
since June 06,1997 (2 pages)
. Structural Engineering Calculations - Alternative A - Milton Cubas, P.E., Inc. - Proof of DBPR license as
Florida Certificated General Contractor. (1 page).
\f Page 1 of3
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Castle USA Corp.
Florida Certified General Contractors - Ucenses 0,8-58365, CG0514321
Certifications Miami Dade CountyCSBE-12256, EPA NAT-109738-1
Main address 3321 NW 82 Ave. Doral, Fl33122 Mall Address: 5620 NW 113 PL, Doral, FL 33178
Ph: 305-303-9191 Fax: 305-513-8342 castleusa@bellsouth.net
Warranty for this job:
. Canopy fabric - Eight (5) years from the final inspection, approved by the city.
. Prefabrication and Installation - One (1) year from the final inspection, approved by the city.
Proiect schedule:
. Attached is a project schedule showing the design, submittals, plans revision, prefabrication and
installation time.
Price:
. Base Bid Price: $108,236 (One hundred eight thousand, three hundred seventy dollars). Please see attached
breakdown (I page).
. Alternative 1- Optional Cover Fabric in Ferrari Textiles, Solitis 93: $103,236 (One hundred four thousand, three
hundred seventy dollars)
. Additional for Wireless Control System for Stage lighting and the pallet of colors: Price will be in the area of
$ 2,500 / $ 4,500 depending on the type of system selected. This is something that could be added after revision by
the lighting expert. and selection approved as a change order by the City.
Validation:
. These proposals shall be valid for sixty (30) days from today, unless extended in written by Castle USA, Corp.
Thanks for considering Castle USA as your General Contractor for this project. We look forward to providing you with the
professional service and value that you expect.
Sincerely,
Hernando Castillo
Castle USA Corp. - VP & Qualifier
Page 3 of3
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CASTLE USA CORP. - ESTIMATE BREAKE DOWN
Project Name: Design, Fabrication and installation of Canopy structure at Heritage Park
Project Number: RFP 11-04-02
Project Address: 19300 Collins Ave., Sunny Islands Beach, FL 33160
.---....------.....------------------------------
Plans I Plans Revisions & Construction Fees:
Insurances - Performance Bond & Additional Insured
Architectural & Engineering Plans
920
3,700
2,400
.----------------------.------------------....
Construction:
Div 1 General Conditions 4,580
Div2 Site Construction 8,726
Div3 Concretes 5,332
Div4 Masonry N/A
Dlv 5 Metals 7,319
Dlv6 Wood and Plastics N/A
Dlv7 Thermal and Moisture Protection NfA
Div8 Doors and Windows NfA
Dlv9 Finishes 1,000
Diy 10 Specialties 48,210
Diy 11 Equipment N/A
Div 12 Furnishings N/A
Dlv 13 Special Construction NfA
Diy 14 Conveying System N/A
DiY 15 Mechanical N/A
Div 16 Electrical 11,120
.....------------------.....----....------------------
Plans Revisions & Construction Fees ( MDC ):
Performance Bond & Additional Insured:
Architectural & Eglneerlng Plans:
General Conditions:
Labor Materials & Services:'
Sub-total :
920
3,700
2,400
4,580
81,707
93,307
4,665
8,398
106,370
1,866
108,236
Company Overhead :
Company Margin :
SuMatal :
Contingency:
Total Bid:
5.0%
9.0%
2.0%
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ACORD@ CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDD/YVYY)
~ 07/08/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsemen s.
PRODUCER
ALL CITY INSURANCE INC - ACI
7200 CORPORATE CENTER DR
SUITE 316
MIAMI
FL
33126
JAVIER A, GUTIERREZ
(305) 463-9431
JGUTIERREZ@ALLCITYINS,COM
FAX
.(305) 629-7808
INSURER S AFFORDING COVERAGE
R . MID-CONTINENT CASUALTY CO
NAIC.
23418
INSURED
CASTLE USA CORPORATION
5620 NW 113TH PLACE
DORAL
FL 33178-
COVERAGES
CERTIFICATE NUMBER' 02
REVISION NUMBER' 0
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I~~ TYPE OF INSURANCE ADDL SUBR n'" POLICY EFF POLICY EXP
LIMITS
A GENERAL LIABILITY X 04GL823859 '6/23/2011 )6/23/2012 EACH OCCURRENCE $ 1,000,000
-
X ~MERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100,000
- $
I-- CLAIMS-MADE ~ OCCUR MED EXP <Anv ene oerson S EXCLUDED
- PERSONAL & ADV INJURY $ 1,000,000
- GENERAL AGGREGATE $ 2,000,000
~'L AGGREFlE LIMIT APnS PER: PRODUCTS - COMPIOP AGG $ 2,000,000
X POLICY ~~~ LOC $
A AUTOMOBILE LIABILITY X 04GL823859 06/23/2011 6/23/2012 COMBINED SINGLE LIMIT :. 1,000,000
-
- ANY AUTO - BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
- AUTOS ~ AUTOS
X X NON-DWNED PROPERTY DAMAGE $
- HIRED AUTOS ~ AUTOS
$
UMBRELLA L1AB H OCCUR EACH OCCURRENCE $
I--
EXCESS L1AB CLAI MS- MADE AGGREGATE $
I)~I) I I s
WORKERSCOMPENSAnON I WC STATU, I IOJ~-
AND EMPLOYERS' LIABILITY YIN
NN PROPRIETORIPARTNERlEXECUTIVE 0 N/A E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED?
(Mandatory In NH) E.L. DISEASE. EA EMPLOYEE $
Itves. describe under H DISEASE, POLICY LIMIT ·
DESCRIPnON OF OPERA nONS/ LOCA nONS/ VEHICLES -(AttaCh ACORD 101E Additional Remark. Schedule. it more space i. required)
CERTIFICATE HOLDER IS LISTED AS ADDI IONAL INSUR D,
30 DAYS WRITTEN NOTICE SHALL BE GIVEN EXCEPT FOR NON PAYMENT OF PREMIUM WHERE 10 DAYS NOTICE SHALL BE GIVEN.
CERTIFICATE HOLDER
CANCELLATION
AI 000127
CITY OF SUNNY ISLES BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
BUILDING DEPARTMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
18070 COLLINS AVENUE
3RD FLOOR AUTHORIZED REPRESENTAnVE 8" .F" ',,' ~
SUNNY ISLES BEACH FL 33160- -'~ .~)
I
ACORD 26 (2010/06)
@1988.2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
7/ 1/27/2011 11:57
Lion Insurance
LION INSURANCE COMPANY~CASTLE USA
1/1
DOle
CERTIFICATE OF UABIUTY INSURANCE 1/2712011
Producer: Lion Insurance Company This CerUflcalllls l$SUed as a matller of Information only and confers no rights
2739 U.S. Highway 19 N. upon the Certificate Holder. This Certificate does not amend, extend or alter
Holiday. FL 34691 the coverage afforded by the polldes below.
(727) 938-5562 Insurers Affording Coverage NAIC#
Insured: South East Personnel Leasing, Inc. In"uter A: Lion Insurance Company 11075
2739 U,S. Highway 19 N, Insurer B:
Holiday, FL 34691 Insurer c:
Insurer D:
Insurer E:
Coverages
TIle poioesof msurance isted bEllow haW! boon ISSlleo to me ,nsureo nameoa"""" for tt'e p<)Jicypenodindico:ed Now",stalong anyreqUlremelt. term Of cendll Of! 0 arrv COnJiact Cf otller OOClRTlern W1:n respGctlo wrlcn
Ihls cel1lnca:e may be issued or may pell.,n, t'1O mSLlar~e a1TCflJed b/ tile p:)Ioes descnbed herem '5 subject to al tne :erms. exclusions. an<! condition. 01 suc~ pel Cles, Aggregate kmlts snown may hfMl been reduCed b/
paid claIms
iNSR AOl.X. Type of Insurance Policy Number Policy Effectlve poucy Expiration Date Limits
LTR iNSRO Date
(MMIDDIYY) (MMIDDIYY)
g.eNERAL LIABILITY EaCh OcclJ'Tence
~ prCial General Liability Oamog9 to r9Ot.d prom..., (EA
I- Claims Made 0 Occur occulTence)
I- Mad E>P
~ Personal Adv Injury
~eneral aggregale imit appies per:
t:I Pelicy Dpro).ct 0 General A99'egate
LOC
ProduCIS - ComplOp Agg ~
~UTOMOBILE LIABILITY Combined Smgle Umit
I- (EA Accident) j$
Ary 1>,,10
I- M CWlea Autos SodlIyInJur,'
~ (Per Pers,",)
SChe:du~J Autos
~ Hired Autos 8odllyiOJur,'
~ Non-OMlgd Alt'tcs {Per Acci~r'{)
I- Property Damag.
(Per ACClder~)
EXCESS/UMBRELLA LIABILITY Each Occurrence
R~c~ o Clalmo Mad. AQ;g~g<3te
O<lductib!e
A Wor1lers Compensation and WC 71949 0110112011 0110112012 X I WC Statu- I 10TH-
Employers' L1abllty I """ Limits ER
AA'/ proprietorlpartl'l.../execulive oflicerlmember E.L. Each Accident $1.0CO.OOO
excluded? E.L. Disease - E. Employee S 1,000.000
If Yes. describe under special provisions below. EL Dise..... - Policy Lirrit$ $1.000,000
Other Lion Insurance Company is A.M. Best ComDany rated A- (Excellent). AMB # 12616
Descriptions of OperatlonslLocatlonsNehlcleslExcluslons added by EndorsamenUSpeclal Provisions: Cflent !D: 80-65.182
Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. that are leased to the following "Client Company":
Castle USA Corporation
Coverage only applies to injuries inclrred by South East Persomel Leasing, Inc. active employee(s) , while working in Rorida.
Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity.
A list of the actlve employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562.
Project Name: FABRIC CANOPY STRUCTURE AT GOVERNMENT CENTER, SUNNY ISLES BEACH, FL
FAX: 305-513-8342 & 305-303-9191/ISSUE 01-27-11 (SO)
"""In D<>te: 1/1712011
CERTIFICATE HOLDER CANCELLATION
CITY OF SUNNY ISLES BEACH Should a:l{ottn~ above. dCS;r.1be'dpo,lldes be cenceVoo before'tI1e exp~ratloo d5t$ t1&f60f. tnf:l' ISSUIng Insurer Will
endeaiOftc 1081130 dayS v.TJIIen nol,:e!o !I1eceltIlcate holder named lllhe Ie~. but ta/ure Ie de so shall imoose no
ob~gatiC1n or ij.eblity ol arykiod upcn the ins\rli'r. it. a9~nts or repl'esl;jlntstivtis.
18070 COLLINS AVENUE a.4 /___
SUNNY ISLES BEACH. FL 33160
, .
,.
.
FRONT PAGE
CONTRACTOR'S PERFORMANCE AND PAYMENT BOND
(Public Work)
Bond No.: 71133551
Contractor Name: Castle USA Corp.
Contractor Address: 5620 NW 113 Place, Doral, FL 33178
Contractor Phone No.: 305303-9191
Surety Company: Western Surety Company
Owner Name: City of Sunny Isles Beach
Owner Address: 18070 Collins Avenue, Sunny Isles Beach, FL 33160
Owner Phone No.: 305947-0606
Obligee Name: Same as above
(If different from property
Owner, or Dual Obligee)
Obligee Address: Same as above
Obligee Phone No.: Same as above
Bond Amount: $108,236.00----
Contract No. (if applicable) C I 0 11-050
Description of Work: Design Construction of the Fabric Canopy Structure at Heritage Park
Project Location: S I I FL
unny s es,
Legal Description:
Various
This Bond has been furnished to comply with the requIrements of F.B. 255.05. This bond is hereby amended such that
all provisions and limitations, including conditions, notice and time limitations of F.S. 255.05(2) 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 Sondes) regardiess of preprinted numbers on other pages
issued in compliance with Florida Statute 255.05.
, ,
Init.
-AlA
6:1.ll:'
-
Document A312™ - 2010
Bond No. 71133551
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Castle USA Corp.
5620 NW 113 Place
Doral, FL 33178
SURETY:
(Name, legal status and principal place
of business)
OWNER:
(Name, legal status and address)
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles, FL 33160
Western Surety Company
P.O, Box 5077
Sioux Falls, SD 57117
This document has important legal
consequences. Consultation with
an attorney Is encouraged with
respect to Its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AlA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and PClym~nt Bond.
CONSTRUCTION CONTRACT
Date:
Amount: $108,236.00----
Description:
(Name and location)
Design Construction of the Frabric Canopy Structure at Heritage Park
Contract # C 1011-050
BOND
Date: July 8, 2011
(Not earlier than Construction Contract Date)
Amount: $108,236.00----
Modifications to this Bond: :x6 None
o See Section 16
CONTRACTOR AS PRIN
Company:
Castle USA Corp.
Signature:
Name
and Title: and Title:
(Any additional Sigl a ures appear on the last page of this P
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATI E:
(Architect, Engineer or other party:)
InSource, Inc.
9500 South Dadeland Blvd.
Ste 400
Miami, FL 33155
AlA Document A312TU - 2010. The American Institute of Architects.
061110
1
S 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors'
and assigns to the Owner for the performance of the Construction Contract, which is incOlporated herein by reference.
S 2 lftbe Contractor perfonns the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
S 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's perfOlmance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 tbe Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
S 4 Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
95 When tbe Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one oftbe following actions:
9 5,1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
95.2 Undertake to perfolm and complete the Construction Contract itself, through its agents or independent
contractors;
95.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion ofthe Construction Contract, arrange for a conu"act to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to tbe bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default; or ,
95.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is detennined, make payment to the Owner; or
.2 Deny liability in whole or in part and notifY the Owner, citing the reasons for deniaL
96 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and tbe Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Inlt.
AlA Document A312TY - 2010. The American Institute of Arch~ecls.
2
97 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-perfonnance of the Contractor.
98 Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
99 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
910 The Surety hereby waives notice of any change, including changes oftime, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
9 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perfonn its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
912 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
913 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
9 14 Definitions
914.1 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 Contractor 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, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
914.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
914.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term ofthe Construction Contract.
9 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perfonn and complete or comply with the other material terms of the
Construction Contract.
914.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
9 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the telm Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
AlA Document A312TlJ - 2010. The American Institute of Architects.
(nit.
3
(nit.
S 16 Modifications to this bond are as follows:
(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: (Corporate Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
AlA Document A312™ - 2010. The American Institute of Archnecls.
4
.AIA Document A312™ - 2010
Bond No. 71133551
Payment Bond
CONTRACTOR:
(Name, legal status and address)
SURETY:
(Name. legal status and principal place
of business)
Castle USA Corp,
5620 NW 113 Place
Doral, FL 33178
OWNER:
(Name, legal status and address)
Westem Surety Company
P.O, Box 5077
Sioux Falls, SD 57117
This document has Important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other P2lrty shall be considered
plural where applicable.
AlA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This Is not a single combined
Performance and Payment Bond.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles, FL 33160
CONSTRUCTION CONTRACT
Date:
Amount: $108,236.00----
Description:
(Name and location)
Design Construction of the Frabric Canopy Structure at Heritage Park
Contract # CIOII-050
BOND
Date: July 8, 2011
(Not eadieI' than Construction Contract Dale)
Amount: $108,236.00----
Modifications to this Bond: 0 None
)tJ See Section 18
CONTRACTOR AS PR[NCI~
Company: (C
SURETY
Company:
Western Surety
Castle USA Corp,
S. ./
19nature: gnature:
Name Name
and Title:. and Title: Da or 1.
(Anyadditi nal signatures appear on the last page of this Paymen
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
InSource, Inc.
9500 S Dadeland Blvd" #400
Miami, FL 33156
AlA Document A312'" - 2010. The American Institu\e of Architects.
06\\\Q
Init.
5
9 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns 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, subject to the following terms.
92 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for lahor, materials
or equipment furnished for use in the perfonnance of the Construction Contract, then the Surety and the Contractor
shall have no obligation u~der this Bond.
S 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance ofthe Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
S 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
95 The Surety's obligations to a Claimant under this Bond shall arise after the following:
95.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, fumished or
supplied or for whom the lahar was done or performed, within ninety (90) days after having last
perfonned labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
95.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
S 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
97 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
S 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
9 7.2 Payor arrange for payment of any undisputed amounts.
97.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
98 The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount of reasonable attomey's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
9 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Conh'act and to satisfy claims, if any, under any construction perfonnance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
perfonnance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
Init.
AlA Document A312'" - 2010. The American Insmute of Architects.
6
910 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
9 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
9 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
913 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
9 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the constluction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
915 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shalt promptly furnish a copy of this Bond or shall penn it a copy to be made.
9 16 Definitions
916.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the perfonnance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
. the performance ofthe Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
916.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the perfonnance of the Construction Contract. The tenn
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent ofthi5 Bond shall be to
include without limitation in the tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for perfonnance ofthe work of the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
S 16,3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Inft.
AlA Document A312n.. - 2010. The American Institute of Architects.
7
916.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perfonn and complete or comply with the other material tenns ofthe
Construction Contract.
916.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
917 If this Bond is issued for an agreement between a Contractor and subcontractor, the tenn Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
918 Modifications to this bond are as follows:
Thi~ bond Is given to comply with section 255.05
Florida ~tatutes. and any action instituted by a claimant
u~der thiS bpnd for payment must be in accordance
with ~he notice and time limitation provisions in
Section 255.05 (2), Florida Statutes.
(Space is provided below for adcjjl-iondiiignatures of added parties, other than those
CONTRACTOR AS PRINCIP V SURETY
Company: (Corporate Se~l) Company:
.-----.. ".
Western Surety Company
Castle USA Corp.
Signature:
Name and Title:
Address
Signature:
4 j" /J Name and Title:
, r 'tV (:J.U&.J1K Address .
I Oavor I. Mimica, Attorney-in-
P,O. Box 5077
Sioux Falls, SO 57] ] 7
5620 NW 113 Place
Oora1, FL 33178
AlA Document A312'" - 2010. The American Institute of Architects.
lnlt.
8
'.
Western Surety Company
1 .'
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William L Parker, Harold M Humphrey, Charles C Ball, Davor I Mimica, Ileana M Bauza,
William F Kleis, Phillip C Lyons, Alejandro Soto, J Hayes Worley Jr, Individually
of Miami, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all surety bonds and any
and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages
and/or estimates on engineering and/or construction contracts - and to bind it thereby as fully and to the same extent as if such instruments
were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are
hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 3rd day of November, 2005,
WESTERN SURETY COMPANY
-/2L~
Paul . Bruflat, SeDlor V tce PresIdent
State of South Dakota
County of Minnehaha
} ss
On this 3rd day of November, 2005, before me personally came Paul T, Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
November 30, 2006
+................................................ +
: D.KRELL :
I I
:~NOTARY PUBI.IC~:
I SOUTH DAKOTA~I
I I
+..............................................+
~
~P"b]k
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 8 day of July 2011.
WESTERN SURETY COMPANY
c!:f ~]~s'=mry
Form F4280-0 1-02
Preview
Page 1 of2
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:
Giovanni Batista, Public Works Director
DATE:
6/15/2011
RE:
Commission approval of award of RFP 11-04-02 to Castle USA
Corporation
RECOMMENDATION:
Commission approve award of bid to Castle USA Corporation for the design, fabrication,
and installation of the fabric canopy over the existing stage at Heritage Park in an amount
not to exceed $108,236.00 and a contingency of $20,000.
REASONS:
The City requires the design, fabrication and installation of a canopy shade structure to
cover up to 70% of the Heritage Park stage located at 19250 Collins Avenue. Staff issued
RFP 11-04-02 on April 20th, 2011 for the required turn-key services and one (1) proposal
was received from Castle USA Corp. for $108,236.00 (base bid) plus a contingency not
to exceed $20,000.00 as an allowance for anticipated additional services and equipment
purchases.
ADDITIONAL INFORMATION:
As part of the stage canopy design process, the vendor will be required to obtain the
services and input of a lighting expert who will assess the extent of the stage lighting
requirements based on field conditions and type of usage. The vendor will subsequently
adjust and/or revise the proposed stage canopy and electrical design to accommodate
such revisions once authorized by City staff. The cost associated with such services and
potential revisions to the base proposal are expected not to exceed $15,500.00 for
consulting services plus $4,500 for the cost of stage lighting wireless controls (alternate).
It is as a result of these needs that the award to Castle USA Corporation is requested not
to exceed $128,236.00. The entire design-build process is expected to be completed
within 100 calendar days (44 of which are dedicated to actual construction) of notice to
proceed.
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=514&MeetingID=0&MeetingDate=... 6/9/2011
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FUNDING SOURCE:
Funding is available in account number 35-600-5663.
ATTACHMENTS:
. Resolution
. Agreement
. Stage Canopy Concept
http://sibagenda.sibfl.net/agenda/Preview.aspx?I temID=514&MeetingID=0&MeetingDate=... 6/9/2011