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2015-57 Bid No. 15-09-21-02 Soffer Trail Decorative Lighting - Power Corp. RESOLUTION NO. 2015-57 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 15-09-21-02, SOFFER TRAIL DECORATIVE LIGHTING TO UNDER POWER CORP. AT THE BID PRICE OF $429,160; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 15-09-21-02, Soffer Trail Decorative Lighting; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Under Power Corp. submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 15-09-21-02, Soffer Trail Decorative Lighting is hereby awarded to Under Power Corp. in the amount of $429,160. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and City of Aventura Resolution No. 2015-57 Page 2 specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8050-539-6353. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Holzberg, who moved its adoption. The motion was seconded by Commissioner Narotsky, and upon being put to a vote, the vote was as follows: Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Enbar Cohen Yes Mayor Enid Weisman Yes City of Aventura Resolution No. 2015-57 Page 3 PASSED AND ADOPTED this 6th day of October, 2015. ENI WEISMA , MAYOR Cary,� 5x6`1" ATTEST: ELLISA L. HORVATH, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: A CITY ATTORN Y MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES,INC. Date: September 23, 2015 To: Antonio F. Tomei,Capital Projects Manager Office of the City Manager From: Peter W. Aquart, PE,Consulting Engineer 'A `t Reference: Soffer Trail Decorative Lighting Bid Number 15-09-21-2 We have reviewed the results for the above referenced request for bids. The following contractors submitted bids: • Canyon Construction, Inc. • Weekley Asphalt Paving, Inc. • AGC Electric, Inc. • Under Power Corp. • AUM Construction, Inc. • Canseco Electrical Contractors, Inc. Enclosed is a bid tabulation spreadsheet showing all of the individual unit prices and extended prices. The apparent low bidder is Under Power Corp. We are familiar with Under Power Corp. regarding their performance and deem them to be a responsible bidder. It is our opinion that Under Power Corp. is the lowest responsible bidder and recommend awarding the contract to them for the total amount of$429,160.00. If you have any questions or require any additional information, please call. Enclosures: Bid Tabulation o - o - 0 0 0 0 0 0 0 o ✓ o 0 0. 0 0 0 0 0 q 0 Z v v J a 0 o M o m N- o tin- m o m M c 0 0 CO 0- ri o t0 0 E2 O w d in co E fA N F- ~ Z U U 0 O 0 N 0 0 0 0 0 0 U J ,_ V f` ca N W z D O O N. co 0 O W N 0 Q "" 6 to t9 6 9 0 co C.) _ pUM Vi Z y N O O O O O 0 0 0 00)ai O O. co 0 O O O O O °O O 0 F C) co_ t0 O O m O O0i a W co..W co N V W N N N • 0 19 69 co to N N W N t9 0 • c f9 WJ K (0 z W z — U m W o O O 0 0 0 O 0 U V d7 O CO O 0 0 0 0 0 • 1 0) O O N O O O O 0 co t H 0 0 0 0. 0 Q• M- to U) to al O O O O O O O O 0 0 re d V O D 7 a Y O in ai 0 co 6 co coo N O O oi r U N N o a co V «NS 69 N 2 C 69 «9 w N CO CO 11 3 V 6 O W d O O O 0O O O °a 0) u) o CG 0 W ° T N ° WO a N N t9 o) V O) Z N N W W C 69 69- 69 41 n to t9 to co V a O W co O It1 N N )�[) O O CO at `7 O In .at m W O ep 0 o co CCO N N V co N co 0 01 0 V 0 a` m 0) 60s o n 0) ° co t>D T. K X 19 49 N 69 H to 0 F W .9 w = W ° N N o n °0 J u 0 m '1 ° o N W g W ` U d W N r°)- 0) N O N 0 U tt) t9 N to to to to F F Q Q j to co 69 m v o 0 0 0 4 co o W 0 0 H U O N 0 O O t0 to O > O J Cr N o) W n.- N OOi O Q O W < a N V N 7 0 C O O 0 W ca. W m S O 0 ro 0- N ao m m v u O O y ? C ° N N n N CO Ui 69 » 69 C U) N O Q •m+ 03- !9 t9 W Paz z w �j 111 5 U I- O J O 0 N W 7 ■D to Co W O W m W a a N co i9 N 0 ro a 00 • LLJ N to 40 4 f- O) O u- O C W N t0 = U) co o f9 E9 1A at 0 0 O O O 0 0 0 0 0 O O O o O O O O O 0 U O O O O N O O O O M Z LL 0) N f- N co N 0 o O A,0 — N cd ° U)C CO z V! U) N M 69 Z O C U! M 09 N U d 40 2 w I Q = r U m) 0 O o O co a N O o° O o 0°N 0 0 O 0 0° O 0 O z O. O O N .73- O N 0 u]N O O 4-' 6. t9 N Vi to 1D O E co to to 69 7 J ot C W QQ Q Q 7 J J J W < I- C a .0 W L ai .c N ` ~ W 0 N C a N T. N p •N O N c C Z a O a > C N C C o = la t°D N C C 3 C a)a N CO a W x a) 9 CO w li to E o 'm d 8 N a a°t . a c — . E c Z. 2a j a u R m T2. o mw m it ) 0 'E c E n o mil 4.M a G P 'C 6 o m 2 _ d D o f C C C C Co C J d C oO O o CO o o m u W E D d o.Ti m U tI U N N J o C E C C I! 0 0 v> co ya — C1 �a U n c• m E a .OS m .oa E E m r c 3 o (CO N j I'X o 0 Si ° D N — 0 0 Cr D_ e1 X 0 a a 8 u_ 8 C a) M N 2 3 Q a $k 0 to W 0 N N N N E m ° 4 v I- ...7. U a v W E 0 N co V to co t- co a :' 0 o 0 0 0 0 ° 0 0 SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of Aventura 19200 West Country Club Drive Aventura,Florida 33180 BID FOR: Soffer Trail Decorative Lighting BID No: 15-09-21-2 The undersigned BIDDER proposes and agrees,if this Bid is accepted,to enter into an agreement with The City of Aventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of'City's Notice of Award. In submitting this Bid,BIDDER represents,as more fully set forth in the Agreement,that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. Dated: Addendum No. +L lq. Dated: Addendum No. spit) Dated: Addendum No. AAA- Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost,progress,performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations,tests and studies(in addition to or to supplement those referred to in(c)above)which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations,investigations,explorations,tests,reports or similar information or data are or will be required by BIDDER for such purposes. Soffer Trail Decorative Lighting City of Aventura Bid No. 15-09-21-2 CTA Project No.01-0103.207 00410- 1 (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations,investigations,explorations,tests,reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts,errors,discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 2. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place.The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City,the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: iLitiated 40a-7 111Ae LaW44-44 ( / � {I A.61 S dollars and cents LUMP SUM (Written Total Bid Price-From Schedule Of Values) BIDDER agrees that the work will be completed in full within 45 calendar days from the date stipulated in the Notice to Proceed. Soffer Trail Decorative Lighting City of Aventura Bid No. 15-09-21-2 CTA Project No.01-0103.207 00410-2 3. Communications concerning this Bid shall be addressed to: BIDDER: 1 1:r../L vT — (A P Address: ,� Email: /+ ( )/1 U.4 GLU 0(A)6/C(L) Telephone: l r/ti`1 �99(120 Facsimile Number: 0 b87— c 9 Af/1t,,� 4. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY S leiru I , 20 J5 . Soffer Trail Decorative Lighting City of Aventura Bid No. 15-09-21-2 CTA Project No.01-0103.207 00410-3 SECTION 00410 SCHEDULE OF VALUES- BIDDER'S COMPANY NAME: bfilVOU �'� -- cciZ-r Time to Substantial Completion: 130 calendar days Time to Final Completion: 30calendar days TOTAL CONTRACT TIME = 160 CALENDAR DAYS Pay Estimated Description Unit Unit Price Extended Item Quantity Price SOFFER TRAIL DECORATIVE LIGHTING 100 1 General Conditions and Mobilization Costs LS ?Ott(47 �(��.(�-(��0 101 176 Removal of existing bollard and pullbox, EA complete 2u"�``� �j 9C�2q°G° Provide and install #8, 600V rated, XHHW 102 46,000 conductor installed in new/ existing conduit LF system. 0'Q° I btu 6O Provide and install one 1" schedule 40 PVC 103 1,050 conduit direct buried in earth complete in LF 63J ; CO.( ("L'place. 104 122 Furnish LED luminaire and pole, complete EA /f� 7,76 5? 105 122 Install LED luminaire and pole in earth, EA 1 ^ complete in place. 39O-vo 95y) 106 11 Modification to MPZ(Mini-Power Zone Panel), EA CD complete. 2(f 5�f 107 132 New composite pull box with Tier 15 cover EA CJ �, •(,�,� Z�.Z installed in earth. 108 1 Allowance for City of Aventura Police AL $5,000.00 j) 00 - i) Pay Item Notes Contractor shall furnish and install all items, and provide work for all items described in Schedule of Values. Contractor shall restore sidewalks, parking lots, roadways, sod and sprinkler system to match existing. 104 City reserves the right to obtain the luminaires and poles by Direct Purchase Order 108 Contractor shall be reimbursed for the actual amount invoiced by the Police Department. 108 The Contractor understands and agrees to the following: As per a contract between the City of Aventura and the PBA, police officers get a three (3) hour minimum for off duty work regardless if the detail is less than the three hours. The Contractor, or their representative, is authorized by the City of Aventura to approve off duty slips submitted by officers that reflect the actual time worked by the officer(s) assigned to a detail for the date indicated on the slip. The Contractor, or their Soffer Trail Decorative Lighting City of Aventura Bid No. 15-09-21-2 CTA Project No.01-0103.207 00410-4 representative, is not authorized by the City of Aventura to approve any off duty time that an officer is not actually on site and working a specific detail as covered by this contract, except for the three (3) hour minimum. The Contractor, or their representative, agrees and understands that any request for payment regarding any portion of this contract is for amounts of actual expenses incurred by the Contractor in conjunction with the Work or services performed or rendered. Any amount less than the allotted amount will be retained by the City of Aventura; any amount that is over the allotted amount must be pre-approved by the City of Aventura prior to being expended. The Contractor will be reimbursed for any amount over the allotted amount as approved by the City. The Contractor is responsible to properly coordinate all elements of the Work within each phase of construction and to ensure that the work is completed in accordance with the contract documents. The Contractor shall properly secure each work zone to restrict public access as necessary, including, but not limited to utilizing barricades, temporary fencing, signage, etc. Any changes to the proposed construction phasing plan shall be submitted and approved by the City of Aventura and Consultant prior to starting the Work. The Contractor shall submit an MOT Plan for approval by the City of Aventura and Consultant prior to starting the Work. The Contractor shall ensure proper and adequate access to all properties/driveways is maintained throughout the entire duration of construction. Unless specifically allowed by the Work Order, the Contractor shall not store overnight any equipment or stockpile any materials within the right-of-way. At the end of each work day, the Contractor shall remove all stockpiled materials and equipment to an off-site location authorized for materials stockpiling and equipment storage. Also includes cost of remobilizing materials and equipment at the Work site at the beginning of each work day. General notes: 1. The Contractor shall secure a City of Aventura Public Works permit prior to starting construction. 2. All work shall comply with city of Aventura standards and the latest edition of the Florida Department of Transportation standard specifications for road and bridge construction and design standards. 3. All work shall be performed in accordance with established methods and practices as approved by the city of Aventura, City of North Miami Beach Water and Wastewater Public Utilities Division,Miami- Dade County and/or Florida Department of Transportation standards. All work shall be subject to the approval of the city's consulting engineer or staff before final payment is made. 4. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place.The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City,the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule of Values, except to the extent that the City changes the scope Suffer Trail Decorative Lighting City of Aventura Bid No. 15-09-21-2 CTA Project No.01-0103.207 00410-5 of Project after the Contract Date. 5. Allowance Items will be paid based on the actual cost for each item. Any allowance item,or portion of an allowance item,that is not used shall be reconciled at the completion of the project and deleted from the Contract. Soffer Trail Decorative Lighting City of Aventura Bid No. 15-09-21-2 CTA Project No.01-0103.207 00410-6 CITY OF AVENTURA Aqi7". ..47-,),' =: :ti FLO \N' a 6fid 516ted CONTRACT DOCUMENTS SOFFER TRAIL DECORATIVE LIGHTING BID NO. 15-09-21 -2 RESO. #2015-57 UNDER POWER CORPORATION COPY - CITY CLERK Prepared by: Indra Sarju, CPPB SECTION 00510 NOTICE OF AWARD TO: Mr. Rafael Nin Date: Io 1r 11C President Under Power Corp. 7900 NW 60th Street Miami, FL 33166 PROJECT DESCRIPTION:Soffer Trail Decorative Lighting;Bid No. 15-09-21-2,in accordance with Plans and Contract Documents as prepared by Craven Thompson and Associates, Inc. and Hillers Electrical Engineering,Inc. The CITY has considered the Bid submitted by you for the above described WORK in response to its Advertisement for Bid and Instruction to BIDDERS. You are hereby notified that your Bid has been accepted for the construction of Soffer Trail Decorative Lighting; Bid No. 15-09-21-2,in the lump sum amount of$429,160.00. You are required by the Instruction to BIDDERS to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond,Payment Bond and Certificates of Insurance within ten(10) days from the date of this Notice to you. If you fail to execute said Agreement and to fu h said Bonds within ten(10)days from the date of this Notice, said CITY will a- _ .itled to di ' .lify the Bid, revoke the award and retain the Bid Security. BY: 4111.1 I FILE: CITY MANAGER p Dated this p day of a CI , 2015 . 111 00510-1 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by eD LOF/- 60g-P this the day of lber , 2015_ BY: You are required to return an acknowledged copy of this Notice of Award to the CITY. END OF SECTION 00510-2 SECTION 00526 AGREEMENT THIS AGREEMENT,made and entered into on this 6 day of October ,2015 ,by and between Under Power Corporation. Party of the First Part, and The City of Aventura, Party of the Second Part: WITNESETH: That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: 1. That the First Party shall furnish all the materials,and perform all of the Work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: List Of Drawings Section 00015 Advertisements For Bids Section 00100 Instruction To Bidder Section 00210 Information Available To Bidder Section 00320 Bid Form Section 00410 Award Preference for Identical Tie Bids Section 00420 Bid Bond Section 00432 Bidder Qualification Statement Section 00450 Non - Collusion Affidavit Section 00454 Request for Taxpayer Identification Number and Certificate Section 00455 Sworn Statement Pursuant To Florida Section 00456 Statutes On Public Crimes Notice Of Award Section 00510 Agreement Section 00526 Notice To Proceed Section 00550 00526- 1 Payment Bond Section 00612 Performance Bond Section 00614 OSHA Acknowledgment Section 00620 General Conditions Section 00710 Supplementary Conditions Section 00810 Technical Specifications Sections 01000 to 33000 2. That the First Party shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all Work hereunder within the length of time stipulated in the Bid. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Bid Form, in lawful money of the United States, the amount of: Four Hundred Twenty-Nine Thousand One Hundred Sixty and zero cents (Written Dollar Amount) dollars ($429,160.00), Lump Sum. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of Work performed during each calendar month by the First Party,Less the retainage provided in the General Conditions,which is to be withheld by the Second Party until Work within a particular part has been performed in accordance with this Agreement and until such Work has been accepted by the Second Party. 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the Work have been paid in full,final payment on account of this Agreement shall be made within 60 days after the completion by the First Party of all Work covered by this Agreement and the acceptance of such Work by the Second Party. 6. In the event that the Contractor shall fail to complete the Work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00/100 Dollars($1000.00) per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if,at any time after the execution 00526-2 of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory,or if,for any reason such bond ceases to be adequate to cover the performance of the Work,the First Party shall,at its expense within 5 days after the receipt of notice from the Second Party so to do,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Second Party. 8. No additional Work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first above written, in two(2) counterparts, each of which shall, without proof or accounting for the other counterpart be deemed an original Contract. WI s ;• CONTRACTOR: (i V9 0y cA, c 'H • BY: NAME: Av .T�� I I I LE: ►v__ _ OWNER: City of. entura BY: NAME: ric M. Soro a TITLE: CITY A yER AUTHENTICATION• BY: �� NAME: Ellisa L. Horvath TITLE: CITY CLERK ;� APPROVED , I 'O' a • BY: i w �� ' f► c'\- ,�� NAME: pMalt �t 5 000 TITLE: CITY ATTORNEY END OF SECTION 00526-3 SECTION 00550 NOTICE TO PROCEED TO: Mr. Rafael Nin DATE: 3125- 1 t 6 President Under Power Corporation 7900 NW 60th Street Miami, FL 33166 PROJECT DESCRIPTION: Soffer Trail Decorative Lighting; Bid No. 15-09-21-2; in accordance with Plans and Contract Documents as prepared by Craven Thompson and Associates,Inc. You are hereby notified to commence Work in accordance with the Agreement dated 10161 15' ,on or before 412511 And you are to complete the Work within 160 calendar days thereafter(equal 130 calendar days for Substantial Completion plus 30 calendar days to Final Completion). The date of completion of the WORK in full is therefore 16 I 1116 City of Aventura BY: TITLE: CITY MAN , 00550- 1 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ZikP /o w f h o 111/2 day of Al/°4' / ,20/Z‘ BY: TITLE: END OF SECTION 00550-2 SECTION 00620 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS TO The City of Aventura We , hereby acknowledge and 6t 'Jo 4 ti (CPV (Ccf ' , agree that as Contractors (Prime Contractor) For Soffer Trail Decorative Lighting, Bid No. 15-09-21-2, as specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of Aventura and Craven Thompson and Associates, Inc., and against any and all liability,claims, damages losses and expenses they may incur due to the failure of (Subcontractor's Names) to comply with such act or regulation. ONS e otv COX" CO ' • ','; ATTEST: END OF SECTION 00620-1 BONDS and CERTIFICATES Bond No. 0688258 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Under Power Corporation, as Principal, hereinafter called Contractor, and International Fidelity Insurance Comity Surety, are bound to the City of Aventura, Florida, as Obligee, hereinafter called City, in the amount of _Four Hundred Twenty-Nine Thousand One Hundred Sixty Dollars ($ 429,160.00 ) for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 15- 0921-2, awarded the 6 day of .__October , 2015 , with City of Aventura for Soffer Trail Decorative Lighting; in accordance with drawings (plans) and specifications prepared by Craven Thompson and Associates, Inc. which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; TME CONDITION OF THIS BOND is that if the Contractor: I. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings,that City sustains because of default by Contractor under the Contract;and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) supplying Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect subject,however,to the following conditions: 2,I A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a notice that they intend to look to the Bond for protection. 2.2 A claimant who is not in privity with the Contractor and who has not received payment for their labor, materials, or supplies shall, within ninety (90) days after performance of the labor,or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 2.3 No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding paragraphs 2,1 and 2.2 have been given. ;mil,ahad I5 div@F to spnlply with section 255.05 Florida Statutes,and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2).Florida Statutes 00612-2 2.4 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do notaffect the Surety's obligation under this Bond. Signed and sealed this 15th day of October ,20 15 WITNESS: ...___. e> ce:: - 2 Under Power Corp. (Name of Corporation) By: (7° Ar j. ", r.ems Secretary (Signature and Title) (CORPORATE SEAL) (1,/cFA c1— /01A) e/t- S10 /c (Type Name and Title signed above) Internatio . ' ...I ty I sance Company IN THE PRESENCE OF; . ; i •E C 1 i PANY: I In.- �By: tl.�. . I ity4),/e--e- e--qs------ *Agent and Po ey..i,..Fact- I avor I. Mimica Address: • (Street) One Newark Center (City/State/Zip Code) Newark, NJ 07102 Telephone No.: (973 ) 624-7200 * (Power of Attorney must be attached) 00612-3 State of Florida County of Miami-Dade On this, the /5day of 00_,A.E/Of , 20 /S-- , before me, undersi ned Notary Public of the State of p „the fore oing instrument w s acknow dged b (,i /A (name of corete officer), title), of h b (nares of corporation), a )17 (state or corporation)corporation,on behalf of the co poration. WITNESS my hand •:i►"' ANA B GAMON-PEREZ and official seal k.. ' '- MY COMMISSION#EE848226 0 is �[ �r;. EXPIRES October 31.2016 /_ / ...t,�ji,� _i . NotarySer ce.com yota Public,St? = of ---7— •/Li 0 A- h e Ilele-e, Printed, typed or stamped name of Notary Public exactly as commissioned • ersonally known to me, or o Produced identification: (type of identification produced) ❑ Did take an oath,or li Did not take an oath 00612-4 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, (s l L- da/1/ , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment BoAd; that tornek , who signed the Bond on behalf of the Principal, was then st 5e 0of said corporation;that I know his/her their signature; and his/her their signature thereto is genuine; and tC�at said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL).._ / (Name of Corporation) END OF SECTION 00612-5 Bond No. 0688258 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Under Power Corporation, as Principal, hereinafter called Contractor, and International Fidelity Insurance Compan�S Surety, are bound to the City of Aventura, Florida, as Obligee, hereinafter called City, in the amount of Four Hundred Twenty- Nine Thousand One Hundred Sixty Dollars ($ 429,160.00 ) for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally. WHEREAS,Contractor has by written agreement entered into a Contract, Bid/Contract No.: 15-09- 21-2, awarded the 6 day of October,2015 ,with City for Soffer Trail Decorative Lighting, in accordance with drawings(plans)and specifications prepared by Craven Thompson and Associates,Inc., which Contract is by reference made a part hereof,and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: Fully performs the Contract between the Contractor and the City for construction of Soffer Trail Decorative Lighting, Bid #15-09-21-2 within 160 calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's lees including attorney's fees incurred in appellate proceedings,that City sustains because of default by Contractor under the Contract;and 3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within one and one half(I and 112)year,and: 4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract,then this Bond is void,otherwise it remains in full force. Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions;or 4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive BIDDER,or, if the City elects,upon determination by the City,and Surety jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a Contract between such BIDDER and City, and make available as Work progresses (even though there should be a default or a succession of defaults tinder the Contract or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of 00614 -6 I • completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto,less the amount properly paid by City to Contractor. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named herein. The Surely hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this 15th day of October 20_15 WITNESSES: Under Power Corp. (Name of Corpo ion) By: Secretary (Signature and Title) (CORPORATE SEAL) `l.rff/W— ,�lw Q/Ls—tPs 7 (Types Name and Titl signed above) lnternatio : 'de, ra ce Company IN THE PRESENCE OF: INSU 1 * 1 *(Agent and -y-i Fact) - Davor I. Mimica Address: On• Ne ark enter (Street) Newark, NJ 07102 City/State/Zip Code Telephone No.: (973) 624-7200 * (Power of Attorney must be attached) 00614-7 • State of' County of On tl ' the iS ___day of i ,20 1 ,before me, uncle sigi ed Notary Public of the State o ,the foregoing instrument as ackno edged by t ., it) (name of corporate officer), _ (title), of ,9 a . . �i,,(nane of corporation), a (state of corporation)corporation,on behalf of the corporathn. .:.4"ik.. ANA B GAMON-PEREZ W ITN ESS my hand _ . • : MY COMMISSION#EE848226 and official seal t',: EXPIRES October 31.2016 „�i 398-0153 Aon0eNotaryService.cam Notary P lie, State o , 111 3et ITN ESS 14 �-- rinsed,typed or stamped name of Notary Public exactly as commissioned Personally known to me,or ❑ Produced identification: (type of identification produced) O Did take an oath,or 0 Did not take an oath Bonded by: 00614-8 • CERTIFICATE AS TO CORPORATE PRINCIPAL 1, /l-A•E ' 1_ /I�/ certify that tarn the secretary of the corporation named as principal in the foregoing Performance Bond;that r' /VIN ,who signed the Bond on behalf of the Principal, was then '/�c'J/,civ µof said corporation; that 1 know his/her/their signature: and his/her/their signature thefeto is genuine;and that said Bond was duly signed,sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) Under Power Corp. (Name of Corporation) END O1+SECTION 00614-4 • FWlTe#(973)624-7200 ` ,.it F i'. ' �. POWER OF ATTt3RNEY � � y' �� Y �� f1. INTERNATIONAL FIDELITY INSURANCE COMPANY `' ;� � •-----?5V--,,,fir A Sin • }• ;, �C ALLEGHENY CASUALTY COMPANY ..� y `_ sn <pe t '� i ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint ILEANA M. BAUZA, DAVOR I. MIMICA, WILLIAM F. KLEIS, WILLIAM L. PARKER Miami, FL. their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that (1)the President,Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and (3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July,2014. �4it.‘''.1YY itiks STATE OF NEW JERSEY G �Zrr p . Q gyp_ % County of Essex * 0. ROBERT W.MINSTER �t/�+f Chief Executive Officer(International Fidelity 'O yL 11Ati Insurance Company)and President(Allegheny Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,`,`"" 11t/j'r,,' IN TESTIMONY WHEREOF, I have hereunto set myhand affixed my Official Seal, at the City of Newark,New Jersey the day and year frst above written. .S 4Y Cf '. • t'0\gsioti•• • :UD NOTARY�*A' -= e l ' I ,q,,,Leig7 4.1 • :r O•!F m 1. PUBLIC 0 Com.' .. A NOTARY PUBLIC OF NEW JERSEY I• � •.6.4-,0-200.•• ,,,, g'. 2`' ' My Commission Expires April 16,2019 ONEJ • F � ,,r'"''a,"'"', CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 1 5TH day of OCTOBER, 201 5 i!-'4i*,0',.';•"4?.**:•.•&--4*":;: e',i:z.'•,:::,i,f1,'A:••• —4___r.,f,e., af:______t/ig<,44"-le---e-i5"- , MARIA BRANCO,Assistant Secretary 4� . 7 ro, ..-._"1046.44.:.,$ ( ' f > 7i ! j) 4 L� �J t} I ,s rit�Y d1 , , o'*�v nr !� ,s% f�''y. < js" ak •,C/ Irk•, t t,. • ,,. �} .p't :,. } �i ._ r. t �"r�3�r!� ,..�����H,���. `��?'�, �� i.,,ri,�, � � ter, II....„...........41 UNDEPOW-02 YOKI .•.4CORLY CERTIFICATE OF LIABILITY INSURANCE DADDIYY'IY) �� 10/13/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES 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 endorsement(s). PRODUCER CONTACT _NAME: FAX 9500 Acrisure,LLC d/b/a InSource PHONE 9500 South Dadeland Boulevard (A/C.No.Eat(305)670-6111 Vic,No); (305)670-9699 4th Floor ADDRESS:email@insource-inc.com Miami,FL 33156-2867 - -- --- - -- ---- INSURER(S)AFFORDING COVERAGE NAIC H INSURER A:National Fire Ins.Co. 20478 _ INSURED INSURER B:North River Insurance Co 21105 Under Power Corp INSURER c:Valley Forge Insurance Co. 20508 7900 NW 60 Street INSURER D: Doral,FL 33166 - - - - _-- - - - -- ---- --- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 OTHER 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICYEFF J POLICY EXP LIMITS LTRINSO MD POLICY NUMBER (MMIDDIYYYY)'(MMIDDWYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 5091435641 02/24/2015 02/24/2016 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) , $ MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X TEo- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LABILITY COMBINED SINGLE LIMIT $ 1,000,000 LEa amdent) A X ANY AUTO 5091435610 02/24/2015 02/24/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ PROPERTY X HIR DS AUTOS X AUTOSAUTOS NON-OWNED 'per accidentDAMAGE $ • $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE 5811042132 02/24/2015 02/24/2016 AGGREGATE $ 10,000,000 • DED X RETENTION$ 0 Prod/Comp Agg $ 5,000,000 WORKERS COMPENSATIONOTH- X STATUTE ERAND EMPLOYERS'LIABILITY -- — -- ---- C ANY PROPRIETOR/PARTNER/EXECUTIVE Y.. NIA 5091435624 02/24/2015 02/24/2016 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT:Soffer Trail Decorative Lighting,City of Aventura Bid No.15-09-21-2,CTA Project No.01-0103.207 The Certificate Holder is Additional Insured on the General Liability policy,when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Aventura and FDOT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 19200 West Country Club Drive Aventura,FL 33180 AUT �HO �RIZE �D REPRESENTATIVE ( ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD