HomeMy WebLinkAboutPre ContractJ0600 CONTRACT
j THIS IS A CONTRACT, effective the day of -P '.M P C, 2005, by
and between the City of Miami, a political subdivision of the State of Florida, hereinafter
referred to as City,. and SOUTHEASTERN ENGINEERING CONTRACTORS INC.
hereinafter referred to as Contractor.
RECITAL
WHEREAS,___the.._City_. Commission, or the _City,. Manager, as applicable: has
awarded the Contract to the Contractor for the Project entitled:
Project Name(s): Flagami/West End Storm Water Pump Stations Nos. 1, 2,31
and 4 and Fairlawn Storm Sewer Pump Station Project,
Phase IIA
,Project/Bid Numbers: Projects B-50696 and B-50702, Bid No. '04-05-080
(hereinafter referred to as "Project")
_ V1f:t T WE S S E T H, that Contractor and City, for the considerations hereinafter
named, agree :as follows:
ARTICLE -1
SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment services and
incidentals necessary to perform all of the work described in the Contract Documents
and related thereto for the Project(s).
ARTI('I F 9
CONTRACT TIME
2.1 Contractor shall be . issued a Notice of Award by the Contract Administrator.
Contractor shall commence scheduling activities, permit applications and other
preconstruction work within five (5) calendar days after receipt of the Notice of
Award. The Notice to Proceed and Purchase Order will not be issued until
Contractor's submission to City of all required documents (including but not
limited to: Payment and Performance Bonds, and Insurance Certificate) and after
execution of the Contract by both parties.
7-71
7 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the
full progress schedule in accordance with technical specifications
City of Miami 54
Flagami/ West End Storm Water Pump Stations Bid No. 04-05-080
Fairlawn Storm Sewer Pump Stations
section, submittal schedule and schedule of values is a condition precedent to
the issuance of the Notice to Proceed to mobilize on the Project site and
commence with physical construction of the Work. The Contractor shall
submit all necessary documents required by this provision within fifteen
(15) calendar days of the issuance of the Notice of Award.
2.2 Time is of the essence throughout this Contract. Project Work shall be
performed concurrently for both Projects. The Work and Project Closeout shall
be completed within five hundred forty eight (548) calendar days from the
issuance of the Notice to Proceed, and ready for final payment in accordance
with Article 7. Where the City only awards one of the two Packages the time for
completion shall be 365 calendar days from issuance of the Notice to Proceed.
ARTICLE 3
LIQUIDATED DAMAGES
3.1 Upon failure of Contractor to complete the Contract within the specified period of
time, plus approved time extensions (if applicable), Contractor shall pay to City
the sum of. One thousand dollars($1,000.00) for each calendar day after the
time specified in Section 2.2 above, plus any approved time extensions (if
applicable), for .Final Completion. ` These amounts are not penalties but are
liquidated damages to City for its inability to obtain full beneficial occupancy
and/or use of the - Project. Liquidated damages are hereby fixed and agreed
upon between= the parties, recognizing the impossibility of precisely ascertaining
the amount of damages that will`b& sustained by City as a consequence of such
delay, and both parties desiring to obviate any question of dispute concerning the
amount of saiddamages and the cost and effect of the failure of Contractor to
complete the Contract on time.
The above -stated liquidated damages shall apply separately. to each portion of
the Project for which a time for completion is given.
3.2 City is authorized to deduct liquidated damages from monies due to Contractor
for the Work under this Contract or as much thereof as City may, in its sole
discretion, deem just and reasonable.
3.3 Contractor shall be responsible for reimbursing City, in addition to liquidated
damages, for all costs incurred by Consultant in administering the construction of
the Project beyond the completion date plus approved time extensions.
Consultant construction administration costs shall be pursuant to the contract
between City and Consultant, a copy of which is available upon request from the
Contract Administrator. All such costs shall be deducted from the monies due
Contractor for performance of Work under this Contract by means of unilateral
credit change orders issued by City as costs are incurred by Consultant and
agreed to by City.
City of Miami 55
Flagami/ West End Storm Water Pump Stations
Fairlawn Storm Sewer Pump Stations
Bid No. 04-05-080'
ARTICLE 4
NO DAMAGES FOR DELAY
r
In the event of any delays to the project, the Contractor's sole remedy shall be to seek
an extension of time in accordance with the terms of the Contract. The City shall not be
liable for any delay damages or damages attributable to performing work out of
sequence, acceleration claims or other similar type claims, incurred. by Contractor
arising out of or in any way associated with the performance of this Agreement.
ARTICLE 5
----------_----
5.1 This is a Fixed Price not to Exceed Contract with payments based on line item
pricing.
The total amount .shall not exceed Six Million Seven Hundred Fourteen Thousand
Three Hundred Fifty—two Dollars and Forty cents ($6,714,352.40).
5.2 Payment shall be paid based on the line item prices stated in the 'Contract for
Work actually performed. Payments shall be full compensation for all costs,
including overhead and profit, associated with completion of all the. Work in full
conformity -with the requirements as stated or shown, or both, in the Contract
Documents:. -The cost of any item of Work not covered by a definite Contract line
`/— item price should be included in the line item price to which the item is most
applicable.
ARTICLE 6
PROGRESS PAYMENTS
6.1 Contractor may make Application for Payment for Work completed. during the
Project at intervals of not more than once a month. Separate Applications for
Payment must be submitted for each Package. Contractor's Application for
payment shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by Consultant shall include, but is not limited to, an
updated progress schedule acceptable to Consultant as required by the Contract
Documents and a partial release of liens or consent of Surety relative to the
Work, which is the subject of the Application and any other information required
by the Consultant. Each Application for Payment shall be submitted in triplicate
to Consultant for approval. City shall make payment to Contractor within twenty-
five (25) days after approval by Consultant of Contractor's Application for
Payment and submission of an acceptable updated progress schedule.
77 6.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City
V until Final Completion and acceptance by City in accordance with Article 7
hereof, except that after ninety percent (90%) of the Work has been completed,
City of Miami 56
Flagami/ West End Storm Water Pump Stations Bid No- 04-05-080
Fairlawn Storm Sewer Pump Stations
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by Consultant and Contractor shall have no entitlement to. a
reduction. Any interest earned on retainage shall accrue to the benefit of City.
All requests for retainage reduction shall be in writing in a separate stand alone
document.
6.3 City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of.
6.3.1 Defective work not remedied.
6.3.2 Claims filed or reasonable evidence indicating probable filing ,of claims
by other parties against Contractor or City because of Contractor's
performance.
6.3.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
6.3.4 Damage to another contractor not remedied.
6.3.5 Liquidated damages and costs incurred by Consultant for extended
construction administration.
1
- 6.3.6 Failure of Contractor to provide any and all documents required by the
Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
2.4 Contractor shall submit separate Applications for Payment for each Project.
2.5 Detailed information concerning the submittal of Applications for Payment is
contained in the Supplemental Conditions of the Contract Documents.
ARTICLE 7
ACCEPTANCE AND FINAL PAYMENT
7.1 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, Consultant shall, within ten (10) calendar days, make
an inspection thereof. If Consultant and Project Manager find the Work
acceptable, the requisite documents have been submitted and the requirements
of the Contract Documents fully satisfied, and all conditions of the permits and
regulatory agencies have been met, a Final Certificate for Payment (Form 00926)
shall be issued by Consultant, over its signature, stating that the requirements of
the Contract Documents have been performed and the Work is ready for
acceptance under the terms and conditions thereof.
City of Miami 57
Flagami/ West End Storm Water Pump Stations Bid No. 04-05-080
Fairlawn Storm Sewer Pump Stations
7.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to
Consultant a complete release of all liens arising out of this Contract, receipts in
full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have
been paid in full and that all other indebtedness connected with the Work has
been paid, and a consent of the surety to final payment; the final corrected as -
built drawings; and the final bill of materials, if required, and invoice. Contractor.
shall deliver the written Contractor's and all Manufacturer's warranties prior to
issuance of the Final Certificate for Payment.
7.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of Contractor, and Consultant so certifies, City
shall, upon certificate of Consultant, and without terminating the Contract, make .
payment of the balance due- tor- that- -portion or the vvorK -fully completed- aTd- -- -
accepted. Such payment shall be made. under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims_ .
7.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of Contractor prepared by the
Contract Administrator, and approved the final payment. The acceptance of final
payment shall constitute a waiver of all claims by Contractor, except those
previously made in strict accordance with the provisions of the General
Conditions and identified by Contractor as unsettled at the time of the,application
for final payment.
ARTICLE 8
CONTRACT HIERARCHY
8.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
8.2 Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail. The order
of hierarchy within the Contract Documents shall be the technical specifications,
the drawings, Supplemental Conditions, General. Conditions, and last shall be the
Instructions to Bidders.
ARTICLE 9
PUBLIC ENTITY CRIMES
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person
or affiliate who is a contractor, Consultant or other provider, who has been placed on
the convicted vendor list following a conviction for a public entity crime may not submit a
-� bid on a contract to provide any goods or services to the City, may not submit a bid on a
contract with the City for the construction or repair of a public building or public work,
City of Miami 58
Flagami/ West End Storm Water Pump Stations Bid No. 04-05-080
Fairlawn Storm Sewer Pump Stations
may not submit bids on leases of real property to the City, may not be awarded or
perform work as a contractor, supplier, subcontractor, or Consultant under a contract
with the City, and may not transact any business with the City in excess of the threshold
amount provided in Section 287.017, Florida Statutes, for category two purchases for a
period of 36 months from the date of being placed on the convicted vendor list.
Violation of this section -by Contractor shall result in cancellation of the City purchase
order and may result in Contractor debarment.
ARTICLE 10
INDEPENDENT CONTRACTOR
Contractor is an independent contractor under this Contract. Services provided by
Contractor pursuant to this Contract shall be subject -to the supervision of-Con-tfafd(6r--Irl---
providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make,the parties
a partnership or joint venture.
ARTICLE 11
THIRD PARTY BENEFICIARIES
Neither Contractor nor City intends to directly or:substahtially benefit a third party by this
Contract. Therefore, the parties agree that there`are`no third party beneficiaries to this
Contract and that no third party shall be entitled -`to' asseit a claim against either of them
L r' based upon this Contract. The parties expressly acknowledge that it is not their intent
to create any rights or obligations in any third person or entity under this Contract. _
ARTICLE 12
NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or by
hand -delivery with a request for a written receipt of acknowledgment of delivery,
addressed to the party for whom it is intended at the place last specified. The, place for
giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the parties designate the following.:
For Cit
Mary Conway
Director -Capital improvement Program/Transportation
Office of the City Manager
444 SW 2nd Avenue
t 10th Floor
Miami, FL 33130
City of Miami 59
Flagami/ West End Storm Water Pump Stations Bid No- 04-05-080
Fairlawn Storm Sewer Pump Stations
6 With copies to:
Department of Capital Improvements and Transportation
City of Miami
444 SW 2n" Ave., 8th Floor
Miami, Florida 33130
For Contractor:
Mr. Ed Dominguez -President
�outhe�stern--Enc��neenng--Contraetvts; ane: -- _
12054 N.W. 98t" Avenue
Hialeah Gardens, Florida 33098
ARTICLE 13
ASSIGNMENT AND PERFORMANCE
13.1 :Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party without the prior, written consent of the other party.:
Ir%=addition, Contrdctbe shall not subcontract any portion of the work required by
this Contract Ekcept as authorized by Section 26 of the General Conditions.
Contractor repr6sents that all persons delivering the services required by this
Contract have the kn6wledge and skills, either by training, experience, education,
I r -a combination- 4hereof,: to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Work and to provide and
perform such services to City's satisfaction for the agreed compensation.
13.2 Contractor shall perform its duties, obligations, and services under this Contract
in a skillful and respectable manner. The quality of Contractor's performance and
all interim and final product(s) provided to or on behalf of City shall be
comparable to the best local and national standards.
ARTICLE 14
MATERIALITY AND WAIVER OF BREACH
14.1 City and Contractor agree that each requirement, duty, and obligation set forth in
these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof.
14.2 City's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a. provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
City of Miami GO
Flagamil West End Storm Water Pump Stations Bid No. 04-05-080
Fairlawn Storm Sewer Pump Stations
ARTICLE 15
SEVERANCE
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless City or
Contractor elects to terminate this Contract. An election to terminate -this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
ARTICLE 16
APPLICABLE LAW AND VENUE
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and
City hereby expressly waive any rights either party may have to a trial by jury or
to file permissive counterclaims in any civil litigation related to, or arising out of
the Project. Contractor shall specifically bind all subcontractors to the provisions
of this Contract. Each party,shall bear their own attorney's fees.
ARTICLE 17
AMENDMENTS
No modification, amendment, or alteration, in the?terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the City Manager
and Contractor.
ARTICLE 18
PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Article 17
above.
City of Miami 61
Flagami! West End Storm Water Pump Stations Bid No. 04-05-080
Fairlawn Storm Sewer Pump Stations
IN WITNESS WHEREOF., the parties have set their hands and seals on the day and
year here written 5eP-livi"t'r ;Z(; 2005 (effective date).
"City"
City Of Miami, a
ATTE T: cor
G By:
riscilla A. ThomT.son, City Clerk
ATTEST:
Joe {grriola; C
""ntractor"
Sote;�stpm Enginaefing Contractors, Inc,
ai&xllcorporation
By:
1 Print Name:
E_' OIIi
iliw-
Title: Title:
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorg n ez _Risk Management Administrator
Ci tt rney Dania Carrillo
THE CITY REQUIRES FOUR (4) FULLY -EXECUTED CONTRACTS, FOR
DISTRIBUTION.
6 -77�
City of Miami 62
Flagami/ West End Storm Water Pump Stations
Fairlawn Storm Sewer Pump Stations
Bid No. 04-05-080
Performance Bond and Pavment Bond:
Within fifteen (15) calendar days of being notified of the award, Contractor
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto
as forms 00710 and 00720.
5.1, Each Bond shall be in the amount of one hundred percent (100%)
of the Contract Price guaranteeing to City .the completion and
performance of the Work covered in such Contract -as well as full
payment of all suppliers, laborers, or subcontractors employed
pursuant to this Project. Each Bond shall be with a Surety, which is
qualified pursuant to Article 6.
5.2. Each Bond shall continue in effect for one year after Final
Completion and acceptance of the Work with liability equal to one
hundred percent (100%) of the Contract sum, or an additional bond
shall be conditioned that Contractor will, upon notification by City,
correct any defective or faulty work or materials which appear
within one year after Final Completion of the Contract.
5.3. Pursuant to the requirements of Section 255.05(1)(a), Florida
Statutes, as may be amended from time to time, Contractor shall
'r ensure that the bond(s) referenced above shall be recorded in the
public records of Miami -Dade County and provide City with
evidence of such recording.
5.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, Contractor
may furnish alternate forms of security, which may be in the form of
cash, money order, certified check, cashier's check or unconditional
letter of credit in the form attached hereto as Form 00735. Such
alternate forms of security shalt be subject to the prior approval of
City and for same purpose and shall be subject to the. same
conditions as those applicable above and shall be held by City for
one year after completion and -acceptance of the Work..
6. Qualification of Surety:
6.1. Bid Bonds, Performance Bonds and Payment Bonds over Five
Hundred Thousand Dollars ($500,000.00):
6.1.1. Each bond must be executed- by a surety company of
recognized standing, authorized to do business in the State
of Florida as surety, having a resident agent in the State of
FlagamiNVest End Storm Water Pump Stations 63 Bid No. 04-05-080
Fairlawn Stoim sewer Pump Stations
CORPORATE RESOLUTION
Sou=thsnstem Engineering Contractors, I
WHEREAS,—_esires to enter into an
agreement with the City of Miami for the purpose of performing the work
described in the contract to which this resolution is attached; and
-WHEREAS,-. the Board of Directors_ at_a_._du)v held_ corp.o_rate__m.eetina
considered the matter in accordance with the By -Laws of the corporation;
DIRECTORS
Now, THEREFORE, BE ITR LVED BY THE BOARD OF
that thee currently
(type title of officer)
Ed Dominguez
is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this
corporation, with the City of Miami upon the terms contained in the proposed
contract to which this resolution is attached and to execute the corresponding
performance bond.
DATED this day of 4�o, 20'�
Chairperson of the Board o it
Ca ary
—` (Corporate Seal)
City of Miami
Flagami/ West End Storm Water Pump Stations Bid No. 04-05=080
Fairlawn Storm Sewer Pump Stations
6
Bond Number: 21BCSDO8844
This is the first page of Performance and Payment Bond. All other pages are subsequent
regardless of preprinted pages.
Surety in Which Bond is Written:
HARTFORD FIRE INSURANCE COMPANY
Local Address: 200 COLONIAL CENTER PARKWAY, SUITE 500
LAKE MARY, FL (407) 562-3487
CONTRACTOR'S NAME: SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
Address: 12054 N.W. 98 AVENUE
HIALEAH GARDENS, FL 33018
Telephone No. (305) 557-4226
Owner/Obligee: City of Miami
Dept. of Capital Improvements
444 SW 2nd Ave 8'h Floor
Miami, FL 33130
Project Description: Fiagami/West End Storm Water pump Stations/Fairlawn Storm
Sewer Pump Stations
Contract Amount: $ 6,714,352.40
Bond Amount: $ 6,714,352.40
This bond has been furnished to comply with the requirements of F.S. 255.05. All
provisions and limitations including conditions, notice and time limitations of F. S. 255.05
are incorporated herein by reference. This bond is a statutory bond not a common law
bond.
For Bond Inquiries:
Agency: HBA INSURANCE GROUP, INC.
(305) 714-4400
BOND NO. 21BGSDO8844
00710. FORM OF PERFORMANCE BOND (Page 1of 3)
60 BY THIS BOND, We SOUTHEASTERN ENGINEERING CONTRACTORS, INC. as
Principal, hereinafter called Contractor, and
HAAT MD FIRE INSt-iR�CE COIF as Surety, are bound to the City of
Miami, Florida, as Obligee, hereinafter called City, in the amount of
SIX MILLION, SEVEN HUNDRED FOURTEEN. Ra"US
FTVF Rrm�RF.n JHTRTY 'dam Y 8 Dollllars 6,714,352.4p for the payment
whereof Contractor an_d Surr�etty� 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: 04-05-080, awarded the 28th day of Ju1Y ,
20 05 , with City which Contract Documents are by reference incorporated
herein and made a part hereof, and specifically include provision for liquidated
damages, and other damages identified, and for the purposes of this Bond are
hereafter referred to as the "Contract";
` THE CONDITION OF THIS BOND is that if Contractor:
1. 0�$4fte�ugp"�, Npnd City for construction of
AVWR , the Contract
being made a part of this Bond by reference, at the times and in the
manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's
fees including appellate proceedings, that City sustains as a result of
default by Contractor under the Contract; and
3. 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 AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under
the Contract, City having performed City obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions
of the Contract Documents; or
i
Flagami/West End Storm Water Pump Stations Bid No. 04-05-080 Page 63
Fairlawn Storm Sewer Pump Stations
kv-.
00710. FORM OF PERFORMANCE BOND (Page 2 of 3)
3.2. Obtain a bid or bids for completing the Project in accordance with
the terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if
City elects, upon determination by City and Surety jointly of the
lowest responsible 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
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 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 does not affect
Surety's obligation under this Bond.
Signed and sealed this 4th day of August
20 05
Flagami/West End Storm water Pump Stations Bid No. 04-05-080
Fairlawn Storm Sewer Pump Stations
Page 64
00790. FORM OF PERFORMANCE BOND (Page 3 of 3)
WITNESSES:
e ary �—
Vivian Dominguez
(CORPORATE SEAL)
, INC.
By: C—moi
(Signatur
Eduardo Dominguez,
(Print'Name an(
INSURANCE COMPANY:
HARTFORD FIRE INSURANCE COMPANY
By: Ramon A Rodriguez (��2
Agent and Attorn - n -Fa
& Fla Res. Agent
Address: HARTFORD PLAZA
(Street)
HARTFORD, CT 06115 .
(City/State/Zip Code)
Telephone No.: 860`547-4707
Flagami/ West End Storm Water Pump Stations Bid No. 04-05-080 Page 65
Fairlawn Storm Sewer Pump Stations
BOND NO. 21BCSDO8844
l 00720. FORM OF PAYMENT BOND (Page Iof 3)
BY THIS BOND, We SOUTHEASTERN ENGINEERING CONTRACTORS, INC. , as
Principal, hereinafter called Contractor, and HARTFORD FIRE INSURANCE COMPAW , as
Surety, areSqRLqAjj&e qyg Nj� f 1p�"Obligee, hereinafter called City, in the
amount of THOUSAND TMEE HUNDRED FIFTY TWO -- Dollars. ($6,714,352.40 } for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,
mrtisfrators.successors and assigns .oi_nt and severalf_y.
WHEREAS, Contractor has by written agreement entered into a Contract,
Bid/Contract No. 04-05-080, awarded the 28th day of July
20 05 , with City which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees
including 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) for all labor, materials and supplies used directly or indirectly by
Contractor in the performance of the Contract;
THEN CONTRACTOR'S 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 Contractor and
who has not received payment for its 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 Contractor a notice
that he intends to look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety
FlagamiNVest End Storm Water Pump Stations Bid No. 04-05-080 Page 66
Fairlawn Storm Sewer Pump Stations
1
00720. FORM OF PAYMENT BOND (Page 2 of 3)
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to Contractor and to the Surety, written
notice of the performance of the labor or delivery of the materials or
supplies and of'the nonpayment.
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
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
longer of the applicable Notice and Time Limitations provisions
prescribed in Section 255.05(2)., or Section 95,11,Florida Statutes.
The Surety herebywaives 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 does not affect the Surety's
obligation under this Bond.
Signed and sealed this 4th day of August , 20 o5 .
ATTEST:
Vivian �n n t e
(Corporate Sea[)
Contractor
Muarda Dbml guez ; )
Ed Dominguez
(Print Name and Title)
4th day of August , 20 05 .
FlagamiNVest End Storm Water Pump Stations Bid No. 04-05-080 Page 67
Fairlawn Storm Sewer Pump Stations
60 00720. FORM OF PAYMENT BOND (Page 3 of 3)
t
IN THE PRESENCE QF: INSURANCE COMPANY:
HARTFORD FIRE INSURANCE COMPANY
j-
By:
Agen ndA ney-in-Fact
Ramon A R iguez
Address: HARTFORD PLAZA
R4RTFORD, CT 6115
(City/State/Zip Code)
Telephone No.: 860-547-4707
Flagami/West End Storm Water Pump Stations Bid No. 04-05-080 Page 68
Fairlawn Storm Sewer Pump Stations
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
1, Vivian Dominguez , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance
and Payment Bond (Performance Bond and Payment Bond);. that
Eduardo Dominguez , who signed the Bond(s) on behalf of the
Principal, was then President of said corporation; that I know his/her
-- ---------------- -
signature; and his/her signature thereto is genuine; and that said Bond(s) was
(were) duly signed, sealed and attested to on behalf of said corporation. by
authority of its governing body.
•� c� (SEAL)
ary (on b If of)
Vivian Dani uez
S.OtTWF.ASTIt.RN ELGTNEERTNG CONTRACTORS, INC.
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE }
Before me, a Notary Public duly commissioned, qualified. and acting
personally, appeared Ramon A RDdri21if z to me
well known, who being by me first duly sworn upon oath says that he/she has
been authorized to execute the foregoing Performance and -Payment Bond
(Performance Bond and Payment Bond) on behalf of Contractor named therein in
favor of City.
Subscribed and Sworn to before me this 4th day of
August 120 05,
My commission expires: 11/14/06 'L6ji��i�W
a� Rodrigury Pylic, State of flori i at L64
,
�32a
Expires: Nov 14, 2046
Bonded by =: 11 Bonded T�
•' mg .,Ine.
1
6 FiagamiMest End Storm Water Pump Stations Bid No. 04-05-080 Page 69
Fairlawn Storm Sewer Pump Stations
i
F '
City of Miami
Obtae Mailing Address
444 SW 2nd Ave 8 th Floor
Miami, FL 33130
Policy
21BCSDOSS44
IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS -
TERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective
November 26, 2002, we must make terrorism coverage available in your bond/policy.
However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for
all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your
bond/policy, any endorsements to the bond/policy and generally applicable rules of law.
Any terrorism coverage provided by this bond/policy is partially reinsured by the United States
of America under a formula established by Federal Law. Under this formula, the United States
will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by
sureties/insurers until such time as insured losses under the program reach $100 billion. If that
occurs, Congress will determine the procedures for, and the source of, any payments for
losses in excess of $100 billion.
The premium charge that has been established for terrorism coverage under this bond/policy is
either shown on this form or elsewhere in the bond/policy. If there is no premium shown for
terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage..
Terrorism premium: $0
Form 83333-0 Page 1 of 1
O 2002, The Hartford