Loading...
Resolution No. 2016-11 Awarding Bid 16-12-16-2 to FHP Tectonics Corps for 188th Street Park Improvements - January 21, 2016 RESOLUTION NO. 2016-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 16-12-16-2, 188TH STREET PARK IMPROVEMENTS TO FHP TECTONICS CORP. AT THE BID PRICE OF $1,658,700.75; 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. 16-12-16-2, 188th Street Park Improvements; 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 FHP Tectonics Corp. has 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 the bid/contract for BID NO. 16-12-16-2, 188th Street Park Improvements, is hereby awarded to FHP Tectonics Corp. in the amount of $1,658,700.75. Section 2: That the City Manager is hereby authorized to execute, on behalf of Page 1 of 3 City of Aventura Resolution No. 2016-11 the City, a contract by and between the parties embodying the terms, conditions, and 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 Numbers 392-5001-572-6325 and 001-850-572-6325. Section 5: That this Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Landman, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes Page 2 of 3 City of Aventura Resolution No. 2016-11 PASSED AND ADOPTED this 21st day of January, 2016. `if Aid • e mery • ENID WEISMAN, MAYOR erEv oto' ATTEST: /A ELLISA L. HORVATH, M fir' CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA OV VA t4, *? , AY 0 11111111111 1111 I • IMM IMO, , l�, . 11� � Imo _Il II II NM I MINI III 1 i / ,, L , ■ / , 0 .c,,\9 doN FLO() E• no giii'M CP. 0-6 gfrgicie'im CONTRACT DOCUMENTS 188TH STREET PARK BID NO. 16-12-16-2 RESO. #2016-11 FHP TECTONICS CORPORATION COPY - CITY CLERK Prepared by: Indra Sarju, CPPB SECTION 00510 NOTICE OF AWARD TO: Mr. David P. Roy January 22"d, 2016 Senior Project Manager FHP Tectonics Corporation 2 South Federal Highway Dania Beach, FL 33004 PROJECT DESCRIPTION: 188th Street Park;Bid No. 16-12-16-2,in accordance with Plans and Contract Documents as prepared by Bermello Ajamil & Partners,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 188`h Street Park; Bid No. 16-12-16-2, in the lump sum amount of$1,658,700.75. 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 furnish said Bonds within ten(10)days from the date of this Notice, said CITY will be entitled to disq .w ify the Bid, revoke the award and retain the Bid Security. BY: TITLE: CITY MANAGER Dated this 22 day of Janua , 2016 . 00510-I ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by fifp TEGfo, r c-S loq• this the 26 day of TAuvAi , 2016 t BY: ', y TITLE: OpE7LQfloriS NM4A 32-1 MZrb Herr You are required to return tan 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 21 day of January ,2016 ,by and between FHP Tectonics 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 334100 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: One Million Six Hundred Fifty-Eight Thousand Seven Hundred and Seventy-five cents / (Written Dollar Amount) Dollars ($1,658,700.75), 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. 00526-2 • 7. It is further mutually agreed between the parties hereto that if,at any time after the execution 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. WITNESSES: CONTRACTOR: 464 ► WOOLS atP BY: 111 NAME: ' TITLE: Aa. Ayr OWNER: City of : BY: - lir NAME: Eric M. So nr TITLE: CITY MAN CITY MAN lir R AUTHENTICATION: - BY: NAME: Ellisa L.Horvath ( � AN-44_ TITLE: CITY CLERK •44.. wJ -;`A••• APPROVED AS 0 FO's -f .��w BY: ti/ � �� t,U ALL NAME: ! VT/ `6-4 of 511P- FITLE: CIT ATTORNE END OF SECTION 00526-3 SECTION 00550 NOTICE TO PROCEED TO: Mr. David P. Roy DATE: S`I4I l 1i. Senior Project Manager FHP Tectonics Corporation 2 South Federal Highway Dania Beach,FL 33004 PROJECT DESCRIPTION: 1884 Street Park;Bid No. 16-12-16-2;in accordance with Plans and Contract Documents as prepared by Bermello Ajamil &Partners, Inc. You are hereby notified to commence Work in accordance with the Agreement dated 1 X21 t It. ,on or before 5123 lii. . And you are to complete the Work within 180 calendar days thereafter(equal 150 calendar days for Substantial Completion plus 30 calendar clays to Final Completion). The date of completion of the WORK in full is therefore U. 1 I e 1 % ie . City of Aventura BY: r TITLE: CITY MAN•• R 00550- 1 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by day of , 20 !I, BY: 124 RAttivoAl dm►.� n TITLE: 4 urns Ana, J-),I I END OF SECTION 00550-2 BONDS and CERTIFICATES ' Bond No.929623339 SECTION 00612 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, FHP Tectonics Corp. , as Principal, hereinafter called Contractor, and Continental Casualty Company , as Surety, are bound to the City of Aventura, Florida and hereinafter called City, in the amount of One Million Six Hundred Fifty-Eight Thousand Seven Hundred&751100 Dollars ($ 1,658,700.75 ) 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.: Bid No. 16- 12-16-2; awarded the 22nd day of January , 20 16 , with City of Aventura for 188th Street Park, in accordance with drawings (plans) and specifications prepared by Bermello Ajamil & Partners, 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: 1. 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: 2.1 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. 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 not affect the Surety's obligation under this Bond. Signed and sealed this 27th day of January , 20 16 188th Street Park City of Aventura Bid No. 16-12-16-2 00612- 1 , WITNESS: FHP Tectonics Corp. (Nat e of Corporation) .Secretary By: .' /hit /at AzrE•( - (Corporate Seal) signature and Title) f Z t tx'►� Ba1z c.1 - .rli' b(rvb (Type Name and Title signed above) IN THE PRESENCE OF; INSURANCE COMPAN 9 ontinental Casualty Company By: d • . 4011k ryGa is Agent and Attorney-in-Fact Adrienne C. Stevenson Jatenne Address: Marsh USA, Inc., 540 W. Madison St. J. Forel (/ Chicago, IL 60661 (City/State/Zip Code) Telephone No.: ( 312 ) 627-6000 * (Power of Attorney must be attached) 188th Street Park City of Aventura Bid No. 16-12-16-2 00612-2 , y , State of: Illinois County of: Cook On this, the 27th day of January ,20 16 ,before me,the undersigned Notary Public of the State of Illinois _ , the foregoing instrument was acknowledged by Adrienne C.Stevenson (name of corporate officer), Attorney-in-Fact (title), of Continental Casualty Company (name of corporation),a Illinois (state of corporation)corporation,on behalf of the corporation. WITNESS my hand and official seal otary Public, State of: Illinois OFFICIAL SEAL ,/, � REBECCA J. HOBBS Rebecca J. Hobbs Gi�- Notary Public-State of Illinois (Printed,typed or stamped e f My COrttmiitoion Expires 8/06/2018 Notary Public exactly as commissioned) ® Personally known to me,or • Produced identification: (Type of identification produced) o Did take an oath,or ® Did not take an oath 188th Street Park City of Aventura Bid No. 16-12-16-2 00612-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, itiSV , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond; that 1)1 ryOr , who signed the Bond on behalf of the Principal, was then CW641 of said corporation; that I know his/her thei tsignature; and his/her their si ature thereto 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) —VjetAVYkr• U19 (Name of Corporation) END OF SECTION 188th Street Park City of Aventura Bid No. 16-12-16-2 00612-4 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT , Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint C R Hernandez, Beatriz Polito, Adrienne C Stevenson, John K Johnson, Amy B Wickett, Katherine J Foreit, Michael Dougherty,Triniy Garcia,Rebecca Hobbs,Individually of Chicago,IL,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 18th day of June,2015. GA.SuiL. WSUR a Continental Casualty Company a� r ksr National Fire Insurance Company of Hartford Iowvo+ur' ' CITI % a�wc °4 2 American Cas lty Company of Reading,Pennsylvania t k V I klpt,it'd i. i '173 ---- 1897 moi. Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 18th day of June,2015,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 a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. S.EICH i sarAwf \ ESOUTHOAIxOta f My Commission Expires February 12,2021 S.Eich otary Public CERTIFICATE 1,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the rev e wf is still in force,'. rnrn testimony whereof I have h eu o subscribed my name and affixed the seal of the said insurance companies this t' day of (J&fl u ij , • Continental Casualty Company a1CAS W�r` tMwR�S ,�a WI� National Fire Insurance Company of Hartford IGorfoRATe % it 04 rro a American Casualty Company of Reading,Pennsylvania Z \e,", j n. 1897 (*. • of (... Z )-1.-.Q. -- D.Bult Assistant Secretary Form F6853-4/2012 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of Tike nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original, hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995:: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of lilce nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duty adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of lilce nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." • Bond No. 929623339 SECTION 00614 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, FHP Tectonics Corp. , as Principal, hereinafter called Contractor, and Continental Casualty Company , as Surety, are bound to the City of Aventura, Florida hereinafter called City in the amount of One Million Six Hundred Fifty-Eight Thousand Seven Hundred &75/100---Dollars ($ 1,658,700.75 ) 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.: Bid No. 16-12-16-2; awarded the 22nd day of January , 20 16 , with City for 188th Street Park , in accordance with drawings (plans) and specifications prepared by Bermello Ajamil & Partners, 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: 1. Fully performs the Contract between the Contractor and the City for construction of 188th Street Park , Project Bid No. 16-12-16-2 within 180 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 fees including attorney's fees incurred in appellate proceedings, that City and/or County 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(1 and 1/2)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 188th Street Park City of Aventura Bid No. 16-12-16-2 00614- 1 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 under the Contract or Contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by 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 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 not affect Surety's obligation under this Bond. Signed and sealed this 27th day of January ,20 16 WITNESS: FHP Tectonics Corp. am of Corporation) 4 ,� �• Secretary By: � � di\ A b -- (Corporate Seal) (Signa re and Title) 12-1asizac.4 — AlAssiuZ,eD aya1JT (Type Name and Title signed above) IN THE PRESENCE OF; INSURANCE COMPANY: ontinental Casualty Company iniy ear is By. fitL-01--4—:A-, Agent and Attorney-in-Fact Adrienne C. Stevenson / 604.624.t.:, Address:Marsh USA, Inc., 540 W.Madison St. Kat erine J. Foreit Chicago, IL 60661 (City/State/Zip Code) Telephone No.: ( 312 ) 627-6000 * (Power of Attorney must be attached) 188th Street Park City of Aventura Bid No. 16-12-16-2 00614-2 CERTIFICATE AS TO CORPORATE PRINCIPAL I, L 4 ' 1' )41ir) certify that I am the secretary of the e oation med as principal in the foregoing Performance Bond; that Tlt Noelwho signed the Bond on behalf of the Principal, was then 1S 1 + 1U .�V of said corporation; that I know his/her/their signature; and his/her/their signature thereto is uine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) ►+� `Ten; lelfP . (Name of Corporation) END OF SECTION 188th Street Park City of Aventura Bid No. 16-12-16-2 00614-4 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint C R Hernandez, Beatriz Polito, Adrienne C Stevenson, John K Johnson, Amy B Wickett, Katherine J Foreit, Michael Dougherty,Triniy Garcia,Rebecca Hobbs,Individually of Chicago,IL,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 18th day of June,2015. Valhi�r q �, Continental Casualty Company 4� , �' e� ,� National Fire Insurance Company of Hartford fziliA ��`1 �r��M II. 1 American Cas ity Company of Reading,Pennsylvania 1997 ( I'VrASI I 1 Nix 4e • O / Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 18th day of June,2015,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 a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. , S. EICH ILIC ? 50u nr rI KOUT �, -11'", count°'"'°°t" S • ............♦ - My Commission Expires February 12,2021 S. EichEt:IAotary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse heof is still in force. Fn testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this2'7 day of 1 ,4,41.UQ 1 , 20/b c Wer twwq� w Continental Casualty Company �� } ,� National Fire Insurance Company of Hartford At coa►a+,n, % j ocOrciteroIx American Casualty Company of Reading,Pennsylvania tv SEAL Qc Ca C� 1897 ►yamodi \Cal.)",..A...*'- D.Bult Assistant Secretary Form F6853-4/2012 • Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12,1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney signed si ed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President,who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instnunents of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat,Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in a;:electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." • A 0 MID CERTIFICATE OF LIABILITY INSURANCE DATE(MD"""' 01/27/2016 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 MARSH USA INC. NAME: PHONE I FAX 540 W.MADISON INC No Esti' INC.No): CHICAGO,IL 60661 EAWL • Attn:chicago.CertRequest@marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:American Zurich Insurance Company 40142 FHP Tectonics Corp. 2 South Federal HighwayINSURER c:Illinois National Insurance Company 23817 Dania Beach,FL 33004INSURER D:Indian Harbor Insurance Company 36940 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-006527698-01 REVISION NUMBER:19 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. INSRADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I INSO'WVn. POLICY NUMBER IMM/PPIYYYYL,IMMIDDIYWYI I LIMITS A X COMMERCIAL GENERAL LIABIUTY GLO5833476-03 110/01/2015 10/01/2016 1 EACH OCCURRENCE $ 1,000,000 AMAGE TO CLAIMS-MADE X OCCUR PREM SES(EaENTED occurrence) $ 300,000i _ MED EXP(Any one person) $ 10,000 PERSONAL 8.ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER'. I GENERAL AGGREGATE $ 2.000,000 —I! POLICY X JECT LOC _PRODUCTS-COMP/OPAGG $ 2,000,000 ~OTHER: $ A AUTOMOBILE LIABILITY BAP5833474-03 10/01/2015 10/01/2016 COMBINED SINGLE LIMIT $ 1000000 (Ea accident) X ANY AUTO i BODILY INJURY(Per person) $ ALL OWNED —I SCHEDULED AUTOS v AUTOS BODILY INJURY(Per auident) $ X X I NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS ', (Per accident) I I 1 $ C X I UMBRELLA LIAB X OCCUR E 29157302 10/01/2015 10/01/2016 EACH OCCURRENCE $ 25.000000 EXCESS)IAB CLAIMS-MADE AGGREGATE $ 25,000,000 i DED I X RETENTION$10,000 I $ B WORNERSCOMPENSATION ' j WC5833475-03(AOS) 10/01/2015 10/01/2016 X I PER STATUTE i ORH B AND EMPLOYERS'UABIUTY y/N WC 5833477-03(WI) 10/01/2015 10/01/2016 • ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ 1,000,000 I OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ' j E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ D Professional/ CE07420104-02 110101/2015 10/01/2016 Each Act 5,000,000 Pollution Liability 'SIR:$250,000' I Aggregate 5,000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached N more space Is required) Re:Bid#16-12-16-2 188th St.Park The City of Aventura is/are included as additional insured on general and auto liability where required by written contract. Waiver of subrogation is applicable where required by written contract This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract.XCU-Explosion,Collapse,Underground is included on the General Liability policy CERTIFICATE HOLDER CANCELLATION City of Aventura SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Capital Projects Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Office of the City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 19200 West Country Club Drive Aventura,FL 33180 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee �12nuaaoa.:. u- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: 057572 LOC#: Chicago A ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC. FHP Tectonics Corp. 2 South Federal Highway POLICY NUMBER Dania Beach.FL 33004 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM ISA SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Excess Layer Liability Insurer Endurance American Insurance Company Policy Number EXC10004227002 Policy Period:10/01/2015-10//0112016 Each Occurrence:$25,000000 Aggregate:525,000,000 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • A OROS EVIDENCE OF PROPERTY INSURANCE 91/2 DA8/2016kDDD YI THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE COMPANY INC No Ertl: _ MARSH USA INC. Zurich American Insurance Company 540 W.MADISON CHICAGO,IL 60661 Attn:Chicago.CertRequest@marsh.com FAX E-MAIL (NC,No): ADDRESS: CODE: SUB CODE: AGENCY CUSTOMER ID i' INSURED LOAN NUMBER POLICY NUMBER FHP Tectonics Corp. MBR 9327011-03 2 South Federal Highway i Dania Beach,FL 33004 EFFECTIVE DATE EXPIRATION DATE 10/01/2015 10/0112016 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTH)N Re:Bid#16-12-16-2188th St.Park;Value:51,658700.75 City of Aventura a included as loss payee where required by written contract. 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE I PERILS/FORMS I AMOUNT OF INSURANCE DEDUCTIBLE Builders Risk Total Policy Limit PD Limit+Delay Limit Physical Damage PD Limit Delay in Completion Not Covered Off-Site Storage 5,000,000 Transit 5,000,000 Flood,Water Damage,Earthquake,Named Storm INCLUDED Coverage includes$1,000,000 in limited damage to existing coverage when required by written contract. Other deductibles may apply as per policy terms and conditions. REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CHI-006528067-01 NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED % I LOSS PAYEE City of Aventura LOAN a Capital Projects Manager Office of the City Manager AUTHORIZED REPRESENTATIVE 19200 West County Club Drive of Marsh USA Inc. Aventura,FL 33180 Manashi Mukherjee ,Knuaev.: ru.�e a. ACORD 27(2009112) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • SECTION 00620 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS TO The City of Aventur. We , hereby acknowledge and , agree that as Contractors (Prime Contractor) For l88`h Street Park_ Bid No. 16-12-16-2. 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 Bermello Ajamil & Partners, 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. CONTRACTOR ATTEST: END OF SECTION 00620-1