HomeMy WebLinkAboutGordian Group Project Manual 4. Project Manual
Bond No. 4175327
00710 FORM OF PERFORMANCE BOND
BY THIS BOND, We Carivon Construction Company
as Principal, hereinafter called CONTRACTOR, end Great American insurance Company
as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter
called CITY, in the initial amount of Two Million Dollars ($2,000,000), for -the
payment whereof CONTRACTOR and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has. byt Nitta agfeement entered into a Contract,
Bid/Contract No.: l4-03/04 , awarded the 21st day of MaY . 20 04
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 istthat.ifi0ONTRACTOR.
1: Performs the Contract betweWdOWACTO,t1 and CITY for construction of
Job Order Contract Capital improvements rro Jec a 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 attorneys
fees including appellate proceedings, that CITY sustains as a result of default
by CONTRACTOR under the Contract; and
3. Performs the guarantee of ail work and materials furnished under the
Contract for the time specified in the Contract; then THIS BOND IS VOID,
OTHERWISE IT REMAINS IN FULZ ,f*,qr CE AND EFFECT.
Whenever CONTRACTOR sFiail.. e, : nd declared by CITY to be, in default
under the Contract, CITY''havu g thfo'rmed CITY obligations thereunder, the
Surety may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of
the Contract Documents; or
March 2004
City of Miami Beach
Doporg n O 29M The Owdign Gaup
Page 65
Project Manual
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 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 thetContract.and any amendments thereto,
less the amount propeifyrpaidab r,GITmY:to.CONTRACTOR,
No right of action shell accrue on jnis'bo d to or for the use of any person or
corporation other than CITY named herein.
5. 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 8th daylaf,,,' ;,June
Page 66
1. i.tti 1t
o 04
City of Miami Beach
Copy/VAC 2O04 Tho poraen OIa o
March � p
WITNESSES:
Thrrw.
r
( ecr tart'}
(CORPORATE SEAL)
IN THE PRESENCE OF:
March 2004
Protect Manual
Carivon Construction Company
Name of ratan)
Sy_
(Signature and Title)
0.01C
(Type Name/Title``Signed Above)
day ofJU if1Q , 20 C)
• Fi 4
INSU NCE
Greaera? I stiran e Company
By
eeft nrieAttorney-in-Fact and Florida
Resident Agent
5900 N. Andrews' Avenue, # 300
(Address: Street)
't,. Lauderdale,{ FL 33309
• (City/State/Zip)
Telephone No.: 954--776-2222
City of Miami Beach Page 87
wPyllphlO2004 ThoGodimGroup
C:4
Project Manual
Bond No. 4175327
00720 FORM OF PAYMENT BOND
BY THIS BOND, We Carivon Construction Company , as
reat American
Principal, hereinafter called CONTRACTOR, and Insurance Comnan_v as
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter
celled CITY, in the amount of Initial Two Million Dollars ($2,000,000) 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.: 14--03/04 awarded the' g 1st day of May , 20 04 .
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 darnades, expenses, costs and attorneys
fees including appellate proceedingeitigtatnpITY 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; inot, received payment for its labor,
materials, or supplies shalt, wi 1i ..1prty-five (45) days after beginning
to furnish labor, materiels;, or.isuppliss 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 (90) days after performance of the Tabor or after complete
Page 65
City of Miami Beach March 2004
covnio►u o 2001 The Canton Gran
.4 i. ;!'".;CH
Project Manual
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 wit. the
Notice and lime 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 complia nce,; 9 L.leofcompliance with any formalities
connected with the Contract or the changas'=does not affect the Surety's obligation
under this Bond.
Signed and sealed this ' Sth day of June 20 04
WITNESSES:
(\Q^. E Carivon Construction Company
Name of Co
motion )
J
(S cretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
March 2004
.a,• c, By
...•,.•!•:.. ,r�,•r;
(Signature and Title)
ype Name/Ti le Signed Ab
i Gse er .ica TAsu anc Company
A•ent and Attorney-in-F t and Florida
,,, .,•:# Michael BonetResident Agent
.Y“, ?',)rr 5900 N. AndrewEi Avenue, # 300
(Address: Street)
Ft. Lauderdale, FL 33309
By
(City/State/Zip)
Telephone No.: 954-776-2222
City of Miami Beach
eaprplr p 20347ir Gordian Group
Page fig
Project Manual
00721 CERTIFIC TE AS TO CORPORATE PRINCIPAL
1,N, certify that I am the
Secretary of the corporation named as Principal In the foregoing Performance and
Payment Bond (Performance Bond and Payment pond); that(r r 3
who signed the Bond(s) on behalf of the Principal, was then \J. P 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.
` .{ "/,� (Seal) as Secretary of
Cackua-, aysteA
(Name of Corporation)
STATE OF FLORIDA
) SS
COUNTY OF MIAMI-DADE )
(SEAL)
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared D1(X) Y 1-1146 to me well known, who
being by me first duly sworn upon oath sa s'Yiat 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
My commission a c 'ra :��
4 r" MELBA E. SANCHEZ
1 Ir lt.ii: ?doh Fubtle - State of Ftedda
INCommissrnEckel; M Y27,2009
Gommleeton S OPi211175
National Notary Alan.
can
Notary Public, State of
Florida at Large
• ..' 1-.B'onded
by
Page 70
City of Miami Beach March 2004
eopytighl R IOU The GwaiYn Group
TERRORISM COVERAGE RIDER
NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of 2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk of loss from future terrorist attacks. The Act applies when the Secretary of the
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 4175327 , effective June 8, 2004
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department of the Treasury, will pay a share of terrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention,
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
GREAT AMERiCAN INSURANCE COMPANY®
Administrative Office: 5SOWALNUT STREET • CINCINNATI, OHIO 45202 • 513-389-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
No. 017672
POWER OF ATTORNEY
KNOW AIL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio. does hereby nominate. c nnstILute arid appoint the person or persons named below its true and lawful attorney -
in -fact, for it and in its name, place and stead to execute in behalf ul'the said Company, as surety, any and all bonds, undertakings and contracts ot'suretyship, or
other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name
MICHAEL A, HOLMES
GERALDJ.ARCH
MICHAEL BONET
Address Limit of Power
ALL OF ALL
FT. LAUDERDALE, FLORIDA UNLIMITED
This Power of Attorney revokes all previous powers issued in behalf of the auorney(s)-in-tact named above,
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its approprinte
officers and its corporate seal hereunto affixed this 31ST day of JANUARY 2003
Attest GREAT AMERiCAN INSURANCE COMPANY
STATE OF OHIO. COUNTY OF HAMILTON - s5: DOUGLAS R. BOWENt513.389-811)
On this 31ST day of JANUARY. 2003 , before me personally appeared DOUGLAS R. BOWEN. to inc known.
being duly sworn, deposes and says that he resides in Cincinnati, Ohin. that he is the Divisional Senior Vice President ol'the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that Mescal affixed to the
said instrurilent ix such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company. and shut he signed his name thereto by
like authority.
S
This Power of Attorney is granted by authority of the tollowin► resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March I. 1993.
RESOLVED: That the Division President, the .several Division Vice' P,e%sidents and Assistant Vice Ptreside,rrs. or any one c'fthem. be and hereby is
aathorrLerl,,flr)rn time of time. to appoint one !n' more eloor,re1'i-ire-Fact to erecme 011 behalf or ilst Company. as Surely: any and cal bonds. undertakings and
contacts p/ suretyship. al' other written obligations in the nature thereof' to prescribe their respective du des and the respective limits of their authority.. and to
revoke ruiv such appointment al any time.
RESOLVED FURTHER: ihay the Company ,real and the *Maitre of any of the aforesaid r+fjicers and any Sr.'crelnly or Assistant Sect -ratty of the
Company maybe affixed by facsimile to any power of attorney or certificate of eirl,er given, fin. the ewcrriun of any blond, rardertaking, contract or wartyslrip, nr
other written obligation in the nurture thereof, such signanue and .seal when so 41Sed being hereby adopted b,v the C'narprur,t' as 1he of gijctl signature ofsach officer
and tlw original seal of the. Company. to be valid and binding neon the Company with the same/iwce and effect as though immunity affixed.
CERTIFICATION
1. RONALD C. HAVES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions ditto Beard of Directors of March 1, 1993 have not been revoked and are now in 11111 force and effect,
Signed and scaled this 8th day of June . 2004
S 10291 it 11011
Project Manual .
00708 FORM CERTIFICATE OF INSURANCE
INSURANCE CHECK LIST
)(( 1. Workers' Compensation and Employer's Liability per the statutory limits of
the State of Florida.
1M 2. Comprehensive General Liability (occurrence' form), "limits of liability
$1.000.000.00 per occurrence for bodily injury property damage to include
Premises/Operations; Products, Completed Operations and Contractual
Liability. Contractual Liability and Contractual Indemnity (Hold harmless
endorsement exactly as written In "insurance requirements" of
specifications).
X, _X 3. Automobile Liability - $1,000,000 each .occurrence - ownedlnon-
owned/hired automobiles included.
4. Excess Liability .. $ ' .00 per occurrence to follow the primary
coverages.
XXX 5. The City must be named as and additional insured on the liability policies;
and it must be stated on the certificate.
)(XX 6. Other Insurance as Indicated;
Builders Risk completed value $ .00
Liquor Liability $ ,00
Fire Legal Liability $ .00
Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
XX)( Professional Liability $ 250.000.00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
. XXX 9. The certificate must state the Quote number and title
VENDOR AND INSURANCE AGENT STATEMENT:
We : understand the insurance Requirements of these specifications and that
evidence of this insurance may be required within five (5) days after Bid opening,
Contractor Signature of Contractor
Page 64
City of Miami Beach
oopyrtpht O 2004Thr Gordian Group
March 2004
ACORQ CERTIFICATE OF LIABILI
PRODUCER
Brown & Brown, Inc.
5900 N. Andrews Ave. #300
P.O. Box 5727
Ft. Lauderdale FL 33310-5727
Phone:954-776-2222 Fax:954-776-4446
INSURED
1arivon Construction Company
2171 B.W. 131 Avenue
Miami FL 33186
COVERAGES
I'Y INSURANCE OP ID TO
CARIV-2
DATE IMNVDDIYYYY)
06/08/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIL #
INSURERA: imaginers Insurance Company
INSURER B:
INSURER C:
INSURER O:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA'
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILIR ADM SR INE TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDCCYY)E PCATE IMM/D
A
A
A
A
x
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
I
CLAIMS MADE l OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
—1 POLICY [Xi jpai fiLOC
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON —OWNED AUTOS
GARAGE LIABILITY
_1
ANY AUTO
I:XCESS'UMRRELLA LIABILITY
J OCCUR
DEDUCTIBLE
RETENTION i
CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERJEXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes describe under
SPECIAL PROVISIONS below
OTHER
Owners &
Contractors Policy
CPP13026501002
CA20135420102
04/01/04
04/01/04
/4°4
WC20083630101
04/01/04
04/01/05
04/01/05
04/01/05
'ED. NOTWITHSTANDING
r1AY BE ISSUED OR
CONDITIONS OF SUCH
LIMITS
EACH OCCURRENCE
S 1000000
PREMI ES(Eaoe any)
1 50000
MEDEXP(Any One perwn)
$ 5000
PERSONAL & ADV INJURY
$ 1000000
GENERAL AGGREGATE
$ 2000000
PRODUCTS .COMPJOP AGG
$ 2000000
COMBINED SINGLE LIMIT
(Ea accident)
$ 1, 000, 000
BODILY INJURY
(Per parson)
=
BODILY INJURY
(Per aecldeal)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY • EA ACCIDENT
5
s
OTHER THAN
AUTO ONLY:
EACH OCCURRENCE
EA ACC
AGG
S
$
$
AGGREGATE
$
S
a
IWC 5Tr(TU-
TORY LIMITS
E.L. EACH ACCIDENT
LER
$
S 500000
El, DISEASE • EA EMPLOYEE
s 500000
E.L. DISEASE - POLICY LIMIT
$ 500000
Bach Oac. 500,000
DESCRIPTION OF OPER.ATIONS / LOCATIONS !VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS07/01/04 Aggregate 500,000
City of Miami Beach is listed as additional insured in respects to the
General Liability in regards to Job Order Contract: Capital Improvements
Projects, Bid #114-03/04
CERTIFICATE HOLDER
GL2006887000000
01/15/03
CITY OF
City of Miami Beach
Risk Management
1700 Convention Center Drive
Miami Beach FL 33139
&CORD 25 (2001l08) ®ACORD CORPORATION 1988
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHOR RES TiVE
FROM
JUN-10-2004 18:58
f
)1.(''\\ 11
iBONDS
Mrs.. Ivonne Munnc
Cativat► Construction Company
12171 S. W. 131 Avenue
Miami, FL 33186
Re: City of Miami Beach
Job Order Contract •
Capital Improvements project
(FRi)JUN 11 2004 8:46/ST. 8:45/N0.6321041806 P 2
P.01/01
Brown & Bro
5900 N. Andrews Avenue, Suite 300 (pp: 3
P.O. I3ox
Post Laudcrdade, Pl. 3331
9541776.2222 • FAX 95417
Suaewida 14o4V339:
Dear Ivonne:
It is my understanding that Professional Liability Insurance may be required for the
above referenced project. This coverage is available for contractors such as Carivon
Construction Company.
If and when the professional liability exposure becomes present, we will be in a position
to offer the necessary coverage for your firm.
Please contact me with any questions or comments you may have.
own & Brown Insurance, Inc.
MichBonet
Vice P aident
Toms D rA4
Project Manual
• 0.07$5 • PERFORMANCE AND PAYMENT GUARANTY .FORIW
UNCONDITIONAL LETTER OF CREDIT:
. Date of Issue
Issuing iank's No. . . .
Ber eflolary: .. A15i71icarit;
City Of Miami Beach Amount:' ,....
. 1700 Convention Center Drive' in United States Funds
Miami Beach, Florida 33139 .
' Expiry: .
(Date)
Bid/Contract "Number
We hereby authorize yo`u to draw an
• (Bank, Issuer narne)
.at by order 'of and
(branch address)
forthe account of
(contractor, applicant, customer)'
agreed • upon by 'and between the " City • of Miami Beach, Fiorlda and
up . to an aggregate
(contractor),
arnount, in United Skates Funds, of
,at sight, accompanied by:
available by •your draft's
A signed statement from the City Manager or his authorized designee, that
the drawing is due to default in performance of Certain obligations on the part,
(contractor, applicant, customer)pursuant
to the (applicant, customer) Bid/Contract No. . for (name of
project) and Section 255.05, Florida Statutes. .
March 2004
City of Mlaml Beach Page 71
copyright 0 2004 The Gordian Group
• Project Manual
•
Drafts must be'drawn'and negotiated rnotlaterthan .. . .
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No
of
•
(Bank name)
• .this. Letter of Credit'ihall be reriewedfor succes$Ive poriod's of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to
terminate•the credit herein extended, which notice must be provided at feast thirty
. (30) days prior to the expiration date of the original term hereof or any renewed one
(1) year term. Notification to the City that this Letter of Credit will expire prior to
:.•performarice of the contractor's obligations will be deemed a:default.
This Letter of Credit Sete' forth in full the terms of our undertaking, :and such
,.'undertaking shall not in any way be ,modified, or amplified by reference to .any
,documents, instrument, .or agreement referred to herein or to which this Letter of
Credit is referred or this Letter of Credit relates, and any such reference shall not be
deemed to incorporate herein by reference any document, instrument, or agreement.
-We hereby 'agree with the drawers, endorsers, and bona fide- holders of all drafts
• 'drawn under and in compliance with the terms 'of this credit that such drafts will be
'duly honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be' released one (1) year after the final
• Completion of the Project by the •
(contractor, applicant, customer)
This Credit Is 'subject to the -''uniform Customs • and • Practice for Documentary •
.•Credits," International Chamber of Commerce (1993 revision), Publication No. 500
and to the provisions of Florida Iaw. If a conflict between•the Uniform Customs and.
Practice for Documentary Credits and Florida law 'should arise, •Florida Iaw shall
prevail. If a conflict between• the Iaw of another state or country and Florida law
• ..should arise, Florida Iaw shall prevail.
(number)
dated . . , 2004.
Authorized Signature
Page 72
City of Miami Beach
copynphl o 2004 The Gordian Group
March 2004
•
•
.Project Manua! •
00800 . GENERAL:CONtiiti NS
1. Project Manuel: . •
1.1. •Order • of Precedence' of the Component Parts • of the Contract
Documents: .
1.2. • In 'the event of a •Conflict between .different 'parts of the Contract
Documents, the order of precedence of the component parts. of the
Contract Documents shall be as follows: • .
A. • Project Manual, Volume
B'. •Addenda, if any .
C.. Plans and Drawings; if any
Construction Task Catalog,• Volume II
E. Standard Specification of 'The City, ' State or Federal
Government, If any .
P. The 'Job Order
G. Technical Specification; Volume III
H. ' Proposal and Acceptance Forms '
1. . Invitation to Bid .
J. Bonds '
K. insurance
1.3: • The Project Manual Includes any general and JOC Supplemental
Contract conditions or specifications attached hereto.
1.4. The Project' Manual; along with • all documents • that make up and
constitute the Contract Documents, shall be followed in strict
accordance as to work, performance, material,' .and dimenslons
except when City "and or Program Manager may authorize, in writing,
an exception.
1.5. Dimensions 'given in figures -ere • to hold •preference over scaled
Measurements from .the drawings; however, all discrepancies shall
be- resolved by the City and or Program Manager. Contractor shall
not proceed when in doubt as to any dimension or Measurement, but
shall seek clarification from the City and or Program Manager. ,
1.6.' Contractor shall be furnished, . free of charge,- one 'paper (1) copy 6f
the Project Manual, and (1) copy of the CTC. Ali documents including
the Technical Specifications will be •provided on CD-ROM, which
'shall be preserved and always kept accessible to City and or
March 2004 City of Miami Beach Page 73
oapyripht 12 2034 The Owdlen
' Project.Manual
Program Manager authorized representatives. Additional copies of
the Project Manual may be obtained from City at the cost of
reproduction. •
Intentionof City: , .
2.1.. it ia .the 'intent of City to describe in the Contract Documents a
functionally complete' Projeot (or part thereof) to be constructed In
accordance with the Contract Documents and in accordance with all
codes and regulations governing construction of the•Project, Any
work, materials or equipment that may reasonably be inferred from
the Contract Documents as being required to produce the intended
. result shall be supplied by Contractor whether or not specifically
called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such
Words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals, . or codes of any
technical soclety, organization or association, or to .the laws or
regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard,
'specification, manual,.code or laws or regulations In effect atthe time
of opening of bids and Contractor shall comply therewith. City shall
• have no duties other than those duties and obligations expressly set
forth within the Contract Documents.
-Preliminary Matters:
3.1, • At a time specified by the City arid or Program' Manager but before • .
Contractor starts the work at the Job Order site, a conference
attended by Contractor, .City and or Program Manager and others as •
deemed appropriate by Contract Administrator, will be held to discuss
the schedule, Shop Drawings other submittals, safety, site access
and other issues as required to establish a clear understanding of the
construction operations. .
Performance Bond end ,Payment 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.
Each 'Bond'shall be in the amount of two million ($2,000,000) dollars'
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
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City of Miami Beach
copyright 0 2004 7M Gordian Croup
March 2004
Project Manual
Bond shall be with a surety' cornpany which is qualified pursuant to
Article 5. •
•
4.2. Each Band 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
.aonditloned 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. If the option terms are
exercised the Contractor shall furnish additional performance and
payment bonds 'in the amount of $2,000,000 each. If an individual
Job Order is issued over the maximum amount of initial value of the
contract bonds, the City will request from the contractor a payment
and performance bond equal to the amount of the Job Order. The
City will pay for the extra bonds as a Non-prepriced task with no mark
ups from the contractor.
4.3. Pursuant to the requirements of Section • 255.05(1)(a), .Florida
Statutes, as. may be amended from time to time, Contractor shall
ensure that the bond(s) referenced above shall be recorded in the
public records of Miami -Dade County 'and provide City with evidence
of such recording.
4.4. Alternate Form of Security: In lieu. of a Pefforrnance ..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 uncchditlonal letter of credit In the form
attached hereto as' Form 00735. Such alternate forms of security
shall be subject to the prior'approvai 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.
5. Qualification of Surety:
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five
Hundred Thousand Dollars ($500,000.00:
• 5.1.1. 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
. Florida and having been In business with a record of
successful continuous operation for at least five (5) years.
5.1.2. The surety company shall hold .a current certificate of
authority as acceptable surety on federal bonds in
accordance with !United States Department of Treasury
March 2004
City of Miami Beach
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