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HomeMy WebLinkAbout23475AGREEMENT INFORMATION AGREEMENT NUMBER 23475 NAME/TYPE OF AGREEMENT YWCA OF GREATER MIAMI, INC. DESCRIPTION CDBG AGREEMENT/YWCA ADMINISTRATION/DAY CARE BUILDING IN OVERTOWN/FILE ID: 92-289/R-92-0328 EFFECTIVE DATE December 4, 1992 ATTESTED BY WALTER FOEMAN ATTESTED DATE DATE RECEIVED FROM ISSUING DEPT. NOTE r DOCUMENT LOG FORM /CITY MANAGER'S OFFICE a ,61.115 Name of party(ies) : Document type: Purpose: Facility: Date(s): Department-: Contact person(questions): Contact person(delivery): Y.W.C.A. of Greater Miami 210 N.L. 18 h Str at Miami. FL 33132 Draft to Draw on Letter of Credit C.D.B.G. $1.6 Million Float Loan to build structure - Y.W.C.A. Administration/Day Care Bldg. in Overtown March 9, 1993 Community Development Antonio A. Bosque Tel.: 579-2449 Tel . : EXPENSE/REVENUE $ 286,419 451720-940-705672 ACCOUNT(s) /PROJECT(s) Sub No. 177-030084 Authorized by Resolution No. 92-328 (ATTACHED) OR APPROVED BY: Budget Director (IF GENERAL FUNDS) CIP Administrator (IF CIP FUNDS) Comm.Dev.Director (IF C.D. FUNDS) All City requirements have been met and the document(s) is(are) ready for execution Dept-... >i rec—.tor/Designee Ini , ,i DEPT. DIRECTOR OR DESItailEE /�- ADate ��/�r, j -'`- ,2'i gna�ture ACM/Advisory0'_ Date 3/j/l'z gna -ure Date Rec.by Mgr's. Off.: /)/5'3 Date signed by Mgr.: Attested by City Clerk: Returned to dept/office ORIGINAL TO CITY CLERK: REV. 9/20/91 y/e7 AGREEMENT BETWEEN THE CITY 0.i MIAMI and YWCA OF GREATER MIAMI, INC. `1']iis Agreement entered into this 1992, by and between the City of Miami, a municipal corporation eof the State of Florida, hereinafter referred to as the "CITY," and YWCA of Greater Miami, Inc., Florida Non -Profit Corporation, hereinafter referred to as the "13011ROWER." THEREFORE, in consideration of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I DEFINITIONS For the purpose of this Agreement, the following terms shall be defined as set forth below: 1.1 "CDF" shal]. mean Community Development Float, which constitutes the loan by the CITY to the 130RROWER in accordance with this Agreement and applicable laws. 1.2 "CITY ACTIVITIES" shall mean those activities of the PROJECT (as that term is hereinafter defined) to be carried out by the CITY au described in Exhibit. 1. 1.3 "CITY COMMISSION" shall mean the Mayor and the City Commissioners of the CITY. 1.4 "CITY LOAN" shall mean those monies advanced to BORROWER by the CITY in connection with the PROJECT and pursuant to the terms and conditions of the Agreement, as secured by the' irrevocable/unconditional LETTER OF CREDIT. 1.5 "CITY MANAGER" shall mean the Chief Executive Officer of the CITY and will be construed to include any duly authorized designee, such as an Assistant City Manager and/or the City of Miami Community Development Director. 1.6 "Sun Bank/Miami, N.A." is the bank issuing the irrevocable unconditional LETTER OF CREDIT for the sum of One Million Six Hundred Thousand Dollars ($1,600,000), and is located at 3737 N.W. 87th Avenue, Miami, Florida 33178. 1.7 "CONTRACT DOCUMENTS" shall mean this Agreement and any exhibits attached hereto, as well as any applicable federal, state and local regulations, laws and ordinances which pertain to the PROJECT, as they may be amended from time to time; and shall additionally be deemed to include any agreements entered into between the BORROWER and the architect/engineer, general contractor and/or project manager for the demolition, restoration and rehabilitation of the PROJECT SITE. 1.8 "DEPARTMENT" shall mean the CITY's Department of Community Development. 1.9 "HUD" shall mean the United •States Department of • Housing and Urban Development and/or any duly authorized, federal employee. -2- 1.10 "LETTER OF CREDIT" shall mean an Unconditional/Irrevocable LETTER OF CREDIT in favor of the CITY issued by a financial institution of excellent standing and repute, with an office within the corporate limits of the CITY, which LETTER OF CREDIT shall be irrevocable, unconditional, and shall be a clean LETTER OF CREDIT which will not require a document of title to be presented in order for payment to be honored, which must be approved by the CITY MANAGER prior to theexecution of this Agreement. The LETTER OF CREDIT may be drawn upon by the CITY for any cause or no cause whatsoever, at the discretion of the CITY MANAGER, upon prior forty-eight (48) hours written notice to the BORROWER. 1.11 "PROJECT" shall mean the construction of a new administrative office and service facility building to serve as new corporate headquarters. 1.12 "PROJECT SITE" shall mean the site located at approximately 351 N.W. 5th Street in the ParkWest/Overtown area. 1.13 "TOTAL PROJECT COST" shall not exceed One Million Six Hundred Thoudand Dollars (1,600,000) to be used for the construction and soft costs of the project. II SUPERVISION 2.1 Except as provided herein, the DEPARTMENT shall act on behalf of the CITY in the fiscal control, programmatic monitoring, and non -material modification of this Agreement. 2.2 The City Commission shall approve or disapprove the following actions or conduct by passage of the appropriate enabling legislation: a) ) c) Any amendments, extensions or modifications of this Agreement proposed by BORROWER. Any assignment, sale, transfer or sublease proposal in connection with this Agreement, without limitation, the bulk sale, merger or acquisition of BORROWER by another business entity, or the -sale, or the negotiation, transfer, sale, hypothecation or any other manner of encumbrance of BORROWER's LETTER OF CREDIT (as that time is hereinafter defined). Any proposed increase in the PROJECT budget or any modification or amendment to the LETTER OF CREDIT required pursuant to this Agreement must similarly be considered and approved or disapproved, as applicable, by the CITY COMMISSION. 74- TIME OF PERFORMANCE; TERM 3.1 The effective date shall be the date of execution of this Agreement by the parties or the date of the first day of the month of receipt of funds from the CITY, whichever is later. The term of this Agreement and of the Letter of Credit shall be two (2) years from such effective date. IV SCOPE QF SERVICES 4.1 BORROWER shall construct the Project Elements at'a cost shall not exceed $1,600,000.00. The Project Elements shall herein be defined to mean the successful and timely construction of the Project in compliance with all applicable technical codes and zoning laws, other applicable laws, rules or regulations. The Project Elements shall be effectuated in conformance with approved programs, plans, diagrams and documents, as defined by this Agreement. The BORROWER will demonstrate to the reasonable satisfaction of the City Manager, or his authorized designee, that it will incur a cost not to exceed $1,600,000.00 which will be expended for the project cost. The BORROWER will, in conformance with the CITY's ability to audit and inspect this Project, keep and maintain such books, records, documents, bills and invoices as are necessary and appropriate for documenting such expenditures. All contractors, subcontractors, architects, engineers and landscape architects which are engaged by the BORROWER for the work shall be duly licensed, and registered as required by the laws of the State of Florida and, additionally, possess any applicable Dade County Certificate of Competency and City_ of Miami Occupational Licenses. 4.2 Assurance of Governmental Approvals; Permits, Licenses: BORROWER warrants that it has obtained, or has reasonable assurance that it will obtain, all federal, state and local governmental approvals and reviews required by law to be obtained by the BORROWER for the PROJECT. This Agreement is subject to the receipt of the LETTER OF CREDIT and further subject to all applicable requirements of federal, state and municipal law. V FUNDING 5.1 The CITY LOAN to BORROWER shall be in a principal amount not to exceed the amount of the Letter of -6- Credit but in no event to exceed One Million Six Hundred Thousand Dollars (1,600,000); with the proceeds of the CITY LOAN to be used according to the terms and conditions set forth herein. All CITY LOAN disbursements shall be made by the CITY to an account designated by BORROWER in writing to the CITY at 300 Biscayne Boulevard, Suite 420, Miami, Dade County, Florida. 5.2 The interest rate payable by BORROWER on the CITY LOAN shall be one percent (1%) per annum, simple interest on the actual amount disbursed. 5.3 BORROWER hereby agrees to pay to CITY the principal and interest of the CITY LOAN, in the amount set forth below, in addition to payments for local surtax, documentary stamps, intangible taxes, recording fees, and any other miscellaneous costs generated in relation to the CITY LOAN, including the purchase of various required insurance policies. 5.4 Interest shall be paid on the amount disbursed, commencing on the first day of the month of the first disbursement date and quarterly thereafter until the end of the term of the loan at which time a balloon payment sufficient to pay off the entire outstanding indebtedness of principal and any interest outstanding shall be made by BORROWER to the CITY. 5.5 The CITY LOAN shall be secured by the LETTER OF CREDIT in favor of the CITY. A copy of said LETTER OF CREDIT is attached and incorporated herein as Exhibit 2. 5.6 The entire outstanding principal balance of the CITY LOAN, and all accrued unpaid interest thereon, shall become i►nmediately due and payable either upon the bankruptcy, reorganization, dissolution, or liquidation of the BORROWER, or upon the sale, partial sale, refinancing, exchange, transfer, sale under foreclosure, or other disposition of the PROJECT SITE or of the improvement and/or capital equipment situated thereon or any other event with default as set forth in Article VIII herein. 5.7 The CITY LOAN may be prepaid at any time without penalty. 5.8 All payments due the CITY under this Agreement are payable 'to: City of Miami, c/o Finance Director, 300 Biscayne Boulevard Way, Miami, Florida 33131 (or to such other address as the CITY may, in writing, designate). All payments must be made on weekdays during regular business hours and must be within the times required by the CITY. -8- 5.9 Davis -Bacon prevailing wage rates must be applied to the proceeds of the CITY LOAN that are allocated to construction of the PROJECT. BORROWER shall use the application and certificate -for -payment forms AIA G702 and G703 and shall abide by the Federal Labor Standards provisions of IIUD Form 4010 of Exhibit 6. 5.10 City Loan disbursements shall be made monthly, based upon vouchers submitted by the BORROWER, verified by the CITY, and certified by the architect or quantity surveyor and other certifying official who shall otherwise be a corporate officer of BORROWER as shall be acceptable to the CITY. All submissions by contractors of monthly requisitions shall be on AIA Forms 6702 and 6703 or their equivalent. 5.11 The term of the City Loan shall be for two (2 ) years, from date of execution of this agreement. VI REPORTING 6.1 BORROWER shall provide the CITY with an annual report of all programs at the Center and a copy of the association's audit is to be delivered to the CITY within ninety (90) days of the close of the BORROWER's fiscal year for each year the CITY LOAN remains outstanding. -9- 6.2 BORROWER shall comply with all applicable provisions of the City of Miami First Source hiring Ordinance, Ordinance No. 10032, a copy of which is attached and incorporated hereto as Exhibit 3. 6.2.1 The First Source, Ordinance shall apply to all construction resulting from this Agreement. 6.2.2 BORROWER shall utilize the CITY's Neighborhoods Jobs Program to recruit CITY residents who may qualify for these jobs. 6.2.3 BORROWER shall also provide to the CITY a semiannual report detailing the jobs created during the period of this Agreement and the BORROWER's compliance with Ordinance No. 10032. The reporting form is included herein as Exhibit 4. 6.3 BORROWER shall, upon request by the CITY MANAGER or his designee, provide the CITY with any additional program information it may deem necessary. All reports required by this Agreement (or such other reports reasonably requested by the CITY) will be furnished by the BORROWER to the CITY, c/o Community Development .Director, 1145 Northwest 11th Street, Miami, Florida 33136. 6.4 Maintaining Records and Right to Inspect: BORROWER shall: keep and maintain books, records •-10- and other documents relating directly to the receipt and disbursement of CITY LOAN funds; and any duly authorized representative of HUD, or the CITY shall,. at any reasonable time, have access to and the right to inspect, copy, audit, and examine all such books, records and other documents of BORROWER at such place within Dade County, Florida as will be designated by the CITY or HUD until the termination of this Agreement. 6.5 Access to Project: BORROWER agrees that any duly authorized representative of ]IUD or CITY shall, at all reasonable times, have access to all or any portions of the PROJECT. 6.6 Davis -Bacon Act: BORROWER shall comply with the Davis -Bacon Act by submitting a monthly report to the CITY during construction of the PROJECT. 6.7 BORROWER shall use U. S. Department of Labor Forms 257 and 347, and City of Miami Forms A and B in submitting said monthly reports in compliance with the Davis -Bacon Act. -11- VII INDEMNIFICATION 7.1 BORROWER shall pay on behalf of, indemnify and save CITY, its officials and/or employees, jointly and severally, harmless from and against any and all claims, demands, suits, proceedings, actions, debts, liabilities, losses, and causes of action which may arise out of BORROWER's activities, actions, undertakings and/or uses under this Agreement, including all other acts or omissions to act on the part of BORROWER, or any other agent or representative of the BORROWER, including any person acting for or on its behalf; and from and against all costs, attorneys' fees, expenses and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. This indemnity shall be limited, in terms of liability of the BORROWER/Indemnitor, to the sum of One Million dollars ($1,000,000), plus accrued interest, or the CITY LOAN amount outstanding plus accrued interest, whichever is less. One hundred dollars ($100.00) of the CITY LOAN proceeds constitutes separate, distinct and independent consideration given by the -12- CITY to the BORROWER for the granting of this indemnity. 7.2 Recapture of Funds: CITY shall reserve the right to recapture funds when the BORROWER shall fail: (i) to comply with the terms of this Agreement, its exhibits, and relevant laws referred to therein, or (ii) to accept conditions imposed by CITY at the direction of federal, state and local agencies. This section is provided.for without prejudice to the CITY's other rights and remedies, which it expressly reserves and retains. 7.3 Call Provisions: The CITY MANAGER can call the LETTER OF CREDIT for any reason whatsoever by giving the BORROWER notice at least forty-eight (48) hours prior to said action in the manner prescribed in Section 7.9.1 hereof. 7.4 Nondiscrimination: BORROWER agrees that it shall not discriminate as to race, sex, color, age, creed, national origin or handicap in connection with its performance under this Agreement. -13- 7.5 Compliance With Federal, State and Local Laws: Both parties shall comply with all applicable laws, ordinances, and technical codes of federal, state and local governments. 7.6 Award of Agreement: BORROWER warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed. to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift for the award of this Agreement. 7.7 . Non—Delagability: The obligations undertaken by the BORROWER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY COMMISSION shall first consent in writing, by passage of an enabling resolution, to said delegation or assignment. 7.8 Governing Law; Venue; Reasonable Attorneys' Fees: This Agreement shall be construed and enforced according to the laws of the State of Florida. -14- Venue in any civil action arising out of this Agreement shall be in courts of competent jurisdiction situated in Dade County, Florida. 7.9 General Conditions: 7.9.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which. personally served; or, if by mail, on the fifth (5th) day after being posted or on the date of actual receipt, whichever is earlier; CITY OF MIAMI BORROWER City Manager 3500 Pan American Dr. Miami, FL 33133 WIT11 COPIES TO: YWCA of Greater Miami, Inc. 210 N.E. 18th Street Miami, FL 33132 City of Miami Director of Community Development 300 Biscayne Boulevard, Way, Suite 420 Miami, FL 33136 7.9.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 7.9.3 No waiver or breach of any provision of this Agreement shall constitute a waiver of any -15- subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 7.9.4 Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the Code of City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such law, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 7.10 Independent Contractor: BORROWER and its employees and other agents, shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY or any rights generally -.16- afforded classified or unclassified employees. They also shall not be deemed entitled to the Florida Workers' Compensation or Unemployment Benefits as an employee of CITY. 7.11 Nothing contained in the CDF, or in this Agreement, nor any act of THUD, the CITY, the BORROWER, or any of the parties, shall be deemed or construed by any of the parties, or by any third persons, to create any relationship of third -party beneficiary, principal and agent, authorized representative, a limited or general partnership relationship, or joint venture, or of any association or relationship involving IIUD and/or CITY. 7.12 Successors and Assigns: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. VIII DEFAULT AND REMEDIES 8.1 Events of Default: A default shall consist of any of the following events, acts: a) A material breach of any covenant, agreement, provision, or warranty entered into between the CITY and BORROWER relating to the PROJECT; or -17- b) The BORROWER's failure to punctually and fully pay any or all principal and/or accrued interest on the CITY LOAN, or any installment thereof, in the manner provided herein; or c) Dissolution, insolvency, bankruptcy (voluntary or involuntary) of the BORROWER; or d) Failure to maintain the required insurance or bonding; or e) The Bank's failure to fully honor the LETTER OF CREDIT upon call or presentation by the CITY for payment on such LETTER OF CREDIT or the revocation or stop payment or lapse of such LETTER OF CREDIT or insolvency of bank issuing such LETTER OF CREDIT; or f. The issuance of a writ of execution, attachment, garnishment, or similar writ against any property and/or money at or to be used by the BORROWER, or the entry of a final judgment against BORROWER. 8.2 CITY's Remedies: 8.2.1 If the BORROWER defaults on his obligations as contained in this Agreement, the CITY may terminate this Agreement and call or demand payment of the full balance due under the BORROWER's LETTER OF -18- CREDIT, and/or institute or make any other appropriate claims, notices or actions against the BORROWER, as it deems appropriate in its discretion. The CITY shall give the BORROWER one (1) written Notice of Default stating what such default is. If said default is not fully corrected within thirty (30) consecutive days from the date of the notice of such default, the CITY may by delivery of one (1) further written notice, terminate this Agreement - upon forty-eight (48) hours from such written notice of termination, and/or call the LETTER OF CREDIT as provided for in such instrument, which shall be an automatic termination. and cancellation of this Agreement, effective forty-eight (48) hours from such written notice. 8.2.2 In the event a default occurs and a call on the LETTER OF CREDIT is made by the CITY MANAGER and Sun Bank/Miami, N.A. does not honor the call within 48 hours, then the BORROWER shall be liable to pay interest at the highest rate allowed by Florida law on the monies disbursed and received by BORROWER from the date of Sun Bank/Miami, N.A. failure to honor said call to the date of repayment. 8.2.3 Regardless of the existent Letter of Credit the BORROWER shall be liable for repayment of principal • -.19- and accrued interest to the City of Miami in accordance with the terms of this Loan Agreement and exhibits. Ix ADDITIONAL GENERAL PROVISIONS 9.1 BORROWER agrees: 9.1.1 To maintain a separate, independent, distinct checking account, and to deposit all CITY LOAN funds received in such account, and no other funds in said account. The BORROWER will not allow co -mingling of such funds with any other monies or commercial instruments, and will make all disbursement of CITY LOAN funds from said accounts; '9.1.2 To produce all documents, including, without limitation, cancelled checks, money orders, bank statements, deposits, withdrawals, draws, disbursements and change order forms, architectural, construction, engineering and consultant contract payments reasonably required upon request by the CITY. 9.1.3 To consent to such audits as may be required by the CITY or HUD. -20- EQUAL EMPLOYMENT OPPORTUNITY 10.1 BORROWER agrees to abide by the Equal Opportunity Clause for Contracts subject to executive Order No. 11246, as described in Exhibit 4, which is attached and incorporated herein. XI OTHER FEDERAL REQUIREMENTS 11.1 BORROWER agrees to abide by the provisions described in Exhibit 6, which is attached and deemed incorporated herein, by reference. XII AMENDMENTS 12.1 No amendments shall be made to this agreement unless in writing and signed by authorized officers of the BORROWER and the CITY MANAGER. XIII ENTIRE AGREEMENT 13.1 This Agreement and its exhibits (whether attached or deemed as being incorporated by reference) contain the entire agreement between the parties and shall not be modified in any manner except by an appropriate instrument in writing. This Agreement, upon becoming effective, shall supersede and annul any and all agreements heretofore made, issued or -21- contemplated for the PROJECT between the CITY and the BORROWER which shall hereafter be void and of no effect. XIV INSURANCE CERTIFICATE 14.1 The BORROWER shall provide to the CITY prior to the execution hereof, a Commercial General Liability, Comprehensive General Liability, Builders Risk Policy or equivalent on an Occurrence Form with a minimum limit of One Million Dollars ($1,000,000.00) per occurrence covering premises operations, bodily injury and property damage shall include the following endorsements: a. Contractual coverage. b. The CITY shall be named as additional insured. c. Broad Form property endorsements. d. Products and completed operations. e. Independent contractors. f. Personal injury liability. g. Proof of Worker's Compensation shall he provided per statutory limits (Chapter 440, Florida Statutes). -22- 14.1.1 Compliance With Insurance Requirements: The BORROWER, through its own fault or negligence, shall not violate or permit any occupant of the PROJECT SITE, or any part thereof, to violate any of the conditions or provisions of any such policy, and BORROWER shall so perform and satisfy the requirements of the companies writing such policies so that at all times companies of A+ III Rating by the latest edition of Bests, Key Rating Guide standing shall be willing to write and/or continue such insurance. 14.1.2 Deposit of Certificates: Copies of Certificates of Insurance evidencing the coverage to be maintained by BORROWER herein shall be delivered to the CITY's Insurance Manager. In connection with all insurance policies required to be maintained in accordance with the provisions of this Article, BORROWER shall, at least thirty (30) days prior to the expiration of any such policy, deliver to the CITY Insurance Manager copies of• renewal policies evidencing the existence thereof, to the parties hereinabove provided. - 2 3 - XV NO LIENS; PAYMENT AND PERFORMANCE BONDS 15.1 BORROWER agrees that it will at all times save CITY free and harmless and indemnify it against all claims for labor or materials in connection with improvements, repairs, or operations on the PROJECT SITE, and the costs of defending against such claims including reasonable attorney'.s fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the respective officials thereunto duly authorized, the day and year first above written. CITY OF MIAMI, a municipal corporation of the State of Florida ATTEST: ATTY 1HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY BY CESAR H. 0D10 CITY MANAGER BORROWER: YWCA of Greater. Miami, Inc. A Florida Non Profit Corporation By 6i— (WAX —246? PRESIDENT & C.L.O. (Seal) -24- APPROVED AS TO IN. •ANCE REQUIREMENTS: RISK MANAG.EM APPROVED AS TO FORM AND CORRECTNESS: Q L S, II (� CITY ATT4 �Y -25- EXHIBIT`3 To SunBank/Miami, N.A. Irrevocable Letter of Credit No. 23919 October 30, 1992 SunBank/Miami, N.A. 777 Brickell Avenue Miami, Florida 33131 RE: Increase of Amount Available to be Drawn under SunBank/Miami, N.A. Irrevocable Letter of Credit No. 23919 Gentlemen: Pursuant to the terms of the above referenced Letter of Credit; we hereby direct you to increase the portion of the Stated Amount available to be drawn under the Letter of Credit, effective on the Business Day on which you receive this Certificate, by $286.419 ,which amount represents a disbursement of principal by the City to the Developer under the Agreement that has not previously been. reported by the City to the Bank. After giving effect to such increase, the portion of the Stated Amount available to be drawn under the Letter of Credit will be increased to $ 938, 379 Such amount represents the aggregate amount that the City has disbursed pursuant to the Agreement. The terms used herein have the meanings ascribed to such terms in the above referenced Letter of Credit. Yours very truly, THE CITY OF MII, FLORIDA,. Bv: (City Manager).. This exhibit is an integral part of SunBank/Miami, N.A. Letter of Credit No. 23919 Authorized Signature Authorized Signature No. No. cit �f Miami PAYMENT _ s City of REQUEST FOR DIRECT INSTRUCTION: Please attach all the original documents related to expenditures, i.e., receipts, bills, invoices, etc. FROM 1. Name: Frank Castaneda 2. Department: Community Development 3. Title: Director 4. Date: March 5, 1993 TO CHIEF ACCOUNTANT, ACCOUNTING DIVISION, FINANCE DEPARTMENT 1 5. Name: Y.W.C.A. of Greater Miami ' 6. Address: 210 N.E. 18th Street Miami, FL 33132 DESCRIPTION OF ITEM(S) TO BE PAID ACCOUNT CODE/ SUBSIDIARY NO. AMOUNT 7. Fifth payment out of $1.6 Million from C.D.B.G. float loan. Loan is to be repaid in two year period at %one percent (1%) Authorized by Res. #92-328 - & Executed Agreement. For Contractors Application for payment' see invoices #6 2-24-93 for $286,419 8. 451720-940 proj: 705612 S.B. - 177-030084 9. $286,419 • 10. Check Distribution: TOTAL PAYMENT 11. $286,419 • Mail Direct to Vendor © to Department ,turn 12: Approved: I I J( Approved: fr 2 I /5 ?3 _ 6 • pepartment Director/ eslgn a Date Expenditure Control Date Approved: • FOR FINANCE USE ONLY Vendor No: Check No: Date: : Flnance/City Manager Date Batch FOR REQUESTING DEPARTMENT USE ONLY No: Pre -encumbered By: Date: 1 1 Control Number DP- .2.1.1_2 4 C FN/AC 202 Rev. 12/89 Route: White and Canary copies to Expenditure Control and retain Pink copy. stributlon. White and Canary - Flnance (Accounting) CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: Tony Bosque Dept. of Community Development DATE : SUBJECT : FROM Carmen L. Leon REFERENCES Assistant City Attorney ENCLOSURES: 12/3/92 YWCA Float Loan (1) FILE : 92_131 Enclosed please find the captioned Agreement which has been properly executed by the City Attorney and approved as to form and correctness. If you have any further questions, please feel free to contact me at Extension 6700. CLL:ra enclosure WHEN RETURNING FOR FURTHER REVIEW, PLEASE IDENTIFY AS 719 YWCA Greater Miami 210 N.E. 18 Street Miami, FL 33132-1182 (305) 377-8161 FAX (305) 530-8271 YWCA OF GREATER MIAMI & DADE COUNTY, INC. RESOLUTION July 14, 1992 WHEREAS, the Young Women's Christian Association of Greater Miami and Dade County, Inc. desires to enter into an agreement with the City of Miami; and WHEREAS, the Board of Directors at a duly help corporate meeting has considered the matter in accordance with the Bylaws of the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the President and Secretary are hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation for a loan not to exceed $2 million for construction of the MARTA SUTTON WEEKS WOMEN'S CENTER at 351 NW 5 Street with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached. DATED this 14th day of July, 1992. ara Ibarra-Scurr resident, Board of Directors Marlene Williams Secretary, Board of Directors A United Way Member Agency 1• \,III Greater Miami August 10, 1992 TO: Frank Castenada Director, Community Development D p rtment FROM: Beverly Phillips Executive Director Attached are the insurance certificates for the YWCA building at 351 NW 5th Street from C.G. Chase Construction Company: Great American Insurance Company: Builders' Risk Aetna Casualty & Surety: Owners Protective Policy 210 N.E. 18 Street Miami, FL 33132-1182 (305) 377-8161 FAX (305) 530-8271 A United Way Member Agency .-CFASE CONSTRUCION CQN P1! N ..-. I` ERA.... _. CCN RACT.tRS/ CON _T?UC .11.�N ... 1 NA.GEI. S_ • t_. G N 8.3 .Sfu_e to o.• n. __. Mi mtr_E.oJiia.43.:2...__ E433')_ 6A .G.' 69 _. _.. :_(00 )..2i66J.6037.__ August 4, 1992 Ms. Beverly Phillips Executive Director YWCA of Greater Miami 210 North East 18 Street Miami, Florida 33132-1182 Subject: YWCA Daycare Center Miami, Florida Dear Beverly: Attached herewith are the original Certificates of Insurance required in accordance with Specification Section 01030 - "Contractor's Insurance." If you have any questions regarding the item stated above, please feel free to contact me at 264-6969. Sincerely, C. G. CHASE CO Mike Sher Project Manager MS/db cc: STRUC IO -COMPANY Larry Chase Steven L. Johns File C. G. CHASE CONSTRUCTION COMPANY 5835 BLUE LAGOON DRIVE SUITE 250 MIAMI, FLORIDA 331 26 264-6969 TRANSMITTAL OF DRAWINGS, PRINTS, ETC. JOB NO. Datw AUGUST 4, 1992 TO MS. BEVERLY PHILLIPS jOR YWCA OF GREATER MIAMI DAYCARE CENTER YWCA OF GREATER MIAMI Gentlemen: We we forwarding here v�nth the following:Md9alsgRgtzNitaXgcrin) Pr.pcned By Identification No. Copps Desaiption 1 ORIGINAL CERTIFICATES OF INSURANCE i These are pent for the purpose checked below: ❑ Approval ❑ Returned for Correction ❑ Returned Approved ❑ For Copy and Very truly yours, To FILE C. G. CHASE CONSTRUCTION COMPANY 'AMOR 110® INSURANCE BINDER ISSUE DATE (MM/DD/YY) 7/21/92 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY i BINDER NO. Great American Ins. Co. 92C0413 Rodgers & Cummings Insurance Inc. EFFECTIVE EXPIRATION DATE TIME DATE TIME P.U. Box 31666 X AM . X 12:01 AM Tampa, FL. 33631-3666 7/14/92 12:01 8/14/92 PM• NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED CODE SUB -CODE ; COMPANY PER EXPIRING POLICY NO: DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location) INSURED C.G. Chase Construction Co. Childcare and Administration Building, 5835 Blue Lagoon Drive, Suite 250 YWCA of Greater Miami Miami, FL. 33126 210 N.E. 18th Street Miami, FL. COVERAGES TYPE OF INSURANCE PROPERTY CAUSES OF LOSS BASIC •BROAD X SPEC. Builders' - • COVERAGE/FORMS Risk -subject to terms and conditions. LIMITS AMOUNT ; DEDUCTIBLE $1,397,000. $1000. COINSUR. GENERAL LIABILITY : COMMERCIAL GENERAL LIABILITY CLAIMS MADE I OCCUR OWNER'S & CONTRACTOR'S PROT. ' RETRO DATE FOR CLAIMS MADE: I GENERAL AGGREGATE ; $ 1 PRODUCTS — COMP/OP AGG.1 $ 1 PERSONAL & ADV. INJURY , $ EACH OCCURRENCE FIRE DAMAGE (Any ono lire) ' $ ' MED. EXPENSE (Any ono person) $ AUTOMOBILE LIABILITY ANY AUTO .' ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE LIMIT $ , BODILY INJURY (Per person) $ • BODILY INJURY (Per accident) $ •PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL. INJURY PROT. $ UNINSURED MOTORIST $ I$ AUTO PHYSICAL DAMAGE DEDUCTIBLE . COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE STATED AMOUNT • $ OTHER EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAMS MADE: EACH OCCURRENCE $ ' AGGREGATE $ SELF -INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ SPECIAL. CONDITIONS/OTHER COVERAGES • NAME & ADDRESS ACORD 75-S (7/90) MORTGAGEE LOSS PAYEE LOAN /1 ADDITIONAL INSURED `�✓ AUTHORIZED REPRESENTAT E Ll_/L�� Q A James R. harper ©ACORD CORPORATION 19Qi A41i.11I!De INSURANCE BINDER ISSUE DATE (MM/DD/YY) 7/21/92 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER COMPANY I BINDER NO. Rodgers & Cummings Insurance Aetna Casualty & Surety ! 92C0412 • g g EFFECTIVE EXPIRATION P.O. Box 31666 DATE TIME DATE TIME Tampa, FL. 33631-3666 X i AM X flz:ol 7/14/92 12:01 i PM ' 8/14/92 NOO • THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED CODE SUB -CODE : COMPANY PER EXPIRING POLICY NO: DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location) INSURED Childcare and Administration Building, YWCA of Greater Miami YWCA of Greater Miami 210 N.E. 18th Street Miami, FL. 33132 COVERAGES LIMITS • TYPE OF INSURANCE • COVERAGE/FORMS AMOUNT DEDUCTIBLE ; COINSUF PROPERTY CAUSES OF LOSS ' ' BASIC BROAD SPEC.; i ' GENERAL LIABILITY I GENERAL AGGREGATE ! $ 1 , 000 , 000 • COMMERCIAL GENERAL LIABILITY i I PRODUCTS_— COMP/OP AGG.i $ 1 , 000 , 000 i CLAIMS MADE I i OCCUR l PERSONAL & ADV. INJURY I $ —0- X OWNER'S eX.MitadniafrI X Owner's Protective Policy -EACH OCCURRENCE i1,000,000 FIRE DAMAGE (Any one Ike) : $ — — RETRO DATE FOR CLAIMS MADE: N/A MED. EXPENSE (Any one person) $ — — AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS ' BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS $ NON -OWNED AUTOS PERSONAL INJURY PROT. ; $ GARAGE LIABILITY i UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES . SCHEDULED VEHICLES ACTUAL CASH VALUE • COLLISION: . STATED AMOUNT .$ OTHER THAN COL: ' OTHER EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE • $ OTHER THAN UMBRELLA FORM ' RETRO DATE FOR CLAIMS MADE: SELF -INSURED RETENTION $ STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT : $ AND EMPLOYER'S LIABILITY ' DISEASE -POLICY LIMIT ' $ DISEASE•EACH EMPLOYEE $ SPECIAL CONDITIONS/OTHER COVERAGES •Contractor: C.G. Chase Construction Co. 5835 Blue Lagoon Drive, Suite 250 Miami, FL. 33126 NAME & ADDRESS `• MORTGAGEE ADDITIONAL INSURED !LOSS PAYEE LOAN # AUTHORIZED REPRESENTAT 'J 'mes R Harper ACORD 75-S (7/ ©ACORD CORPORATION 19 I.,. I�/I4"1"m CERTIFICATE OF INSURANCE : ;i: 'ISSUE DATE (MM/DDIYY) 07/14/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND HOLDER. THIS CERTIFICATE RODGERS & CUMMINGS INSURANCE INC. CONFERS NO RIGHTS UPON THE CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. Box 31666 POLICIES BELOW. Tampa, FL 33631-3666 • COMPANIES AFFORDING COVERAGE -. J �f 1. ' 6 COMPANY A 1 �11•," ', , - ',r LETTER AETNA CASUALTY AND SURETY. ... ., .. .- o . � 1.� .- �',• l.• . r i COMPANY B INSURED �'� LETTER FCCI .. .... .. . C. G . CHASE( CONSTRUCTION COMPANY 5835 BLUE LAGOON DRIVE f�t I COMPANY r.. LETTER RISK MANAGEMENT SUITE 250 ��//(1 Y'r- r1 MMAMI, FL 33126cf t) '1 1. ")1 ETT COMPANY R D NOV 1 3 1992 I COMPANY }�� LETTER E � 17L� A•��+� Q COVERAGES ' THIS IS TO CERTIFY THAT TFIE 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. LTR• TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) • DATE (MM/DD/YY) GENERAL LIABILITY ! :GENERAL AGGREGATE $ 2 , 000 , 000 A X COMMERCIAL GENERAL LIABILITY I 023C05913368 ; 3-1-92 • 3-1-93 'PRODUCTS-COMP/OPAGG. $2,000,000 CLAIMS MADE' X OCCUR. PERSONAL & ADV. INJURY IEACH $ 1,000,000 • X OWNER'S & CONTRACTOR'S PROT.•. OCCURRENCE 1 $ 1 , 000 , 000 'FIRE DAMAGE (Any one tiro) 1 $ 100 000 MED. EXPENSE (Any one person)' $ 5.10Q 1 AUTOMOBILE LIABILITY • : COMBINED SINGLE $ A XANY AUTO 023FJ02215636 3-1-92 ' 3-1-93 :LIMIT i 1 BODILY INJURY • ALL OWNED AUTOS • 1,000,000 $ SCHEDULED AUTOS i (Par person) i HIRED AUTOS i BODILY INJURY $ :NON -OWNED AUTOS (Per accident) GARAGE LIABILITY 1PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE ' $ UMBRELLA FORM °AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION• ' B AND I 718-10999-001-001 ; 1-1-92 1-1-93 .'• EACH ACCIDENT Is 100,000 I ; DISEASE —POLICY LIMIT $ 500,000 EMPLOYERS' LIABILITY• DISEASE —EACH EMPLOYEE $ 100 000 OTHER A OWNER'S PROTECTIVE BINDER 7-14-92 '7-14-93 $1,000,000. ' LIABILITY ,• DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Childcare and Administration Building, YWCA of Greater Miami CERTIFICATE HOLDER CANCELLATION ' YWCA OF GREATER MIAMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 210 N.E. 18 th STREET EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MIAMI, FL 33132 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE _1fl_ LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRES TIVE /e //�� f/ •. .JAMES R. HARPE , PRESIDENT... .. ACORD 25-S (7/90) • ©ACORD CORPORATION 1990 APPLICATION AND CERTIFICAI E FOR PAYMENT TO (OWNER): YWCA OF GREATER MIAMI 210 NE 18 STREET MIAMI, FLORIDA 33132 FROM (CONTRACTOR): C.G. CHASE CONST. CO. 5835 BLUE LAGOON DR. //250 MIAMI, FLORIDA 33126 PROJECT: FACSIMILE AIA DOCUMENT G702 Page One of YWCA DAYCARE CENTER 351 NW 5TH STREET MIAMI, FLORIDA 33128 VIA (ARCHITECT): BERMELLO & ASSOCIATES 2601 S. BAYSHORE DR. MIAMI, FLORIDA CONTRACT FOR: YWCA OF GREATER MIAMI DAYCARE CENTER 6 Pages APPLICATION NO: 2 Distribution to: ❑ OWNER PERIOD TO: 10/30/92 ❑ ARCHITECT ❑ CONTRACTOR CONTRACT DATEJULY 14, 1992 ARCHITECT'S PROJECT NO: CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS DELETIONS Approved thiis Month - Number j Date Approved TOTALS Net Change by Change Orders The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been. paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: C.G. CHASE CONST. CO. By 5835 BLUE AGOG. /f250 MIAM'i ORID 6 Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached 1. ORIGINAL CONTRACT SUM 5. 1,397,900 2. Net Change by Change Orders $ 3. CONTRACT SUM TO DATE (Line 1 +- 2) S 4. TOTAL COMPLETED & STORED TO DATE 5 (Column G on G703) 5. RETAINAGE: a. 10.0 % of Completed Work S 25,200 (Column D E on G703) b. 10.0 % of Stored Material S (Column F on G703) Total Retainage (Line 5a 5b or Total in Column I of G703) S �5,200 6. TOTAL EARNED I FtS RETAINAGE S 226,800 (Line 4 less Line 5 Total) 7. LFSS PREVIOUS CERITt-ICATES FOR PAYMENT Line 6 from prior Certificate S 8. CURRENT PAYMENT DUE 1,397,900 252,000 102,600 124,200 9. BALANCEID FINISH, PLUS RETAINAGE S Y ib, (Line�3 ss Line 6) State of: Subscribed and Notary Public! Date: My Commission expires: ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the owner that to the best of the Architects knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to the payment of the AMOUNT CER111-1hD. County of: bey fo this 1.,171,100 day of U (. l 19, Cl i F e Cair,Ssi.SIo:LX? . liom20,l A: :• tl. AMOUNT CERIIlh) ti+i4 21 (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT: By: %A • Date: Ote r This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. • —'•• v^•-..•s^t. CPA 407/368-0010 NOTE: APPROVAL OF REQUISITION SUBJECT TO SUBMISSION OF PARTIAL RELEASE OF LIENS IN CONNECTION WITH REQUISITION NO CONT.& UAL 1 UIV arz.E,a:.A FACSIMILE AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. In tabulations below, amounts arc stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply APPLICATION NUMBER: 2 APPLICATION DATE: 10/27/92 PERIOD TO: 10/30/92 ARCHITECTS PROJECT NO: A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO. VALUE PRESENTLY G/C TO FINISH COMPLELt.D AND STORED FROM PREVIOUS THIS PERIOD STORED C - G APPLICATION (NOT IN TO DATE (D+E) (DORE) (D+E+F) 1 PERF. & PAYMENT BOND 30,000 30,000 30,000 100 3,000 2 INSURANCE 15,000 15,000 15,000 100 1,500 3 PERMIT 12,000 12,000 12,000 100 1,200 4 GENERAL CONDITIONS 50,000 10,000 10,000 20,000 40 30,000 2,000 5 MOBILIZATION 56,000 . 25,000 31,000 56,000 100 5,600 6 SITEWORK 68,000 10,000 11,000 21,000 31 47,000 2,100 7 PAVING & SITE DRAINAGE 33,000 33,000 8 SITE UTILITIES 37,000 37,000 9 CAST IN PLACE CONCRETE 289,900 75,000 75,000 26 214,900 7,500 10 INSULATING CONCRETE 22,000 22,000 1I' UNIT MASONRY 85,000 15,000 15,000 18 70,000 1,500 12 STRUCTURAL STEEL 35,000 35,000 13 MISCELLANEOUS METALS 23,000 23,000 14 MILLWORK/CARPENTRY 50,000 50,000 15 WATERPROOFING/FIREPROOF 9,000 9,000 16 BUILT-UP ROOFING 26,000 26,000 17 STANDING SEAM ROOFING 7,000 7,000 18 KALWALL SKYLIGHT 24,000 24,000 19 DOORS 19,000 19,000 20 ALUMINUM WINDOWS/DOORS 14,000 14,000 21 DRYWALL 60,000 •. 60,000 22 CERAMIC TILE 10,000 10,000 23 STUCCO 45,000 45,000 24 ACOUSTICAL CEILINGS 12,000 12,000 25 PAINTING 20,000 20,000 26 MISC. SPECIALTIES 40,000 40,000 27 ELEVATOR 23,000 23,000 PAGE TOTAL 1,114,900 102,000 142,000 v 244,000 870,900 24,400 ser Fozmn by Homnick, CPA 407/368-001 CONTINUATION SHEET FACSIMILE AIA DOCUMENT G703 Page 3 of 6 Pages FACSIMILE AIA Document G702, APPLICATION AND CER 1 n 1CATE FOR PAYMENT, containing Contractor's signed Certification is -attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where. variable retainage for line items may apply APPLICATION NUMBER: 2 APPLICATION DATE: 10/27/92 PERIOD TO: 10/30/92 ARCHITECTS PROJECT NO: A • B C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY TOTAL COMPLETED AND STORED TO DATE (D+E+F) % G/C BALANCE TO FINISH C - G RETAINAGE FROM PREVIOUS APPLICATION (D+E) THIS PERIOD STORED (NOT IN (DORE) 28 29 30 31 PLUMBING HVAC FIRE PROTECTION ELECTRICAL 47,000 92,000 7,000 137,000 8,000 8,000 6 47,000 92,000 7,000 129,000 800 Laser Form PAGE TOTAL GRAND TOTAL by Homnick CPA 4f17f 2ffl1n 283,000 1,397,900 8,000 110,000 142,000 8,000 252,000 275,000 1,145,900 800 25,200 IIMPLOYCRB' LIABILITY M;OmL, CERTI 1ODVO R )DGERS & CUMMINGS .0, DQX 10,000 r;ARWATER, FLORIDA TREE, C. G. CHASE -r OF 1NSURAt CE CE INC. 34617-HQ00 G. CHASE CONSTRUCTION COMPANY BLUE LA400N DR. 117E 250 AMI, FLORIDA 33126 305444'1259 P. 02 1>;(:•ut. OATS IMMJODJYY) _ _ 1:1/17/9). __ THIS co;' IF10ALE 1S 18SUED A$ A MATTgR OF INFORMATION ONLY AND ~+ CONF4H6 HQ RIGHTS UPON THE CERTIFICATE HOLDER, TH1B CERTlF RATE 0012 N0 AMEND, RXTENE1 OR ALTER THE COVERAGE AFFORDED LIY THE cJMPANY • LETTER • COMPANY E COMPANY ; LgrTER { COMPANY L. LETTER • COMPANY p:, , LETTER COMPANIES AFFORDING COVERAGE AETNA CASUALTY & SURETY FCCI rt1l8 IS TO CERTIFY THAT THE POLICIES of INSUIIANQE LI$TR0 eFLOW HAVE BEEN ISSUED ro-1HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHrSTANCING ArJY REQUIREMCNT, TERM O)1 OONOITION OF ANY CONTRACT OA OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8fi ISSUED OR l'AAY PERTAIN, THE INSURANCE AFFORDED BY'TH8 POLICIES DESCRIBED HEREIN Id SUBJECT TO ALL THE TERLM, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA:'L BEEN tiEDIJCEO eY PAIU CLAIMS. • TYPE OF INSURANCE• • POLICY NUMBER . ' POLIG• ErrEGTIYE POLICY 1=XPIUATION: LIMITS DAt MM/PP1YY) . PATL (MM/ODrYY) ! OCNERAL LIABILITY . COMMERCIAL OEINERAL LIABILITY :CLAIMS MADE,.. X r OirCVR... ;i GWKER'6 a C7N111ACTOR 3 PR(OT. AUTOMOBILE LIADILI1V ANY A;.'O ( ALL OWNBO ACTOR SCHEDULED AUTOS HIIIEP ALICS ( • i•:.QTrOWUEO A'J'•' s .QAgAVI' LIABILITY 023C05913368 • :3-1-93 023FJ02215636 3—a-92 ,3-1-93 OENDI'IAL AG _aECATF 3 ,..00.0.f..0.00. PKGOtICT6-CGMFJOPAGG. •x f 0.0..0., 000 •aACV.IRY ;1,.000,f000 rnoH uccupgEN�NJU, .O.Q Q 1.0 0.0 FIRE DAMA (Any on. rlr.) . i . 1 0.0 q 0 A mhD. EKFEN3I' (Arty on6 p6110n) 9 _If 0 A Q CQMI3IraC StNUL! • LIMIT .OQ.Q,.Q.OP DOOM' IN.A.:aY IPar ptio0 ) 80DILY li1•JLIRY (Per beArianI) pROPC.'ry DAMAc3E ' •xce80 LIABILITY UMBRELLA rotM :QT;•if:R THAN UMI1lt;.LA FORM wcHKEri'A COMPeHS/,TION 718-10959-001-001 1-1-92 AHO FLORIDA OPERATI(JNS ONLY 023XSD22349125 r,+EH 0wntr' fi Pr'otectiVo 023 PC ;i913634 7/14/92 Liability 13�.1^93 EACri UCQURRellE Anhr{Et3ATF si 9, oon, noQ . . BTATIjTORY LIMITS :1-1-93 . r:AQHA.00IOENT i 100a 000 . DIPgP.6E—POLICY LIMIT ` t p. d 9 .0.0.9. aiPfiASa—v,CH EMPLOYEE s 1 QS i QQQ • 7/14/93 • $1,000,000 APRON OP OnEHArIAN9/LOCAYIO}{B/Y1HIPLea(5I ECIAL ITBM9 Chi1Qrjv6 Adniniecration Bu:,1ding, YWCA of GreJi;ter Miami/City of Niami. is AdditiOna1 Insured iri re pucta to this projQct. r'IFICAT6 KA of Cr.eatnr M+-A_ni 10 N.E. lath Street !amt., F1ori4A 331.32 CANCELLATION 1. SHOULD ANY or THE ABOVE DESCRIBED PCL!QIE9 DE OANDkLLf;D BEFORty THE (;RPIR•ITJQN DATE THEREOF, TH3 ISSJEN3 COMPANY WILL ENPEAVOI 70 MAIL --= DAYS WRITruN NoTirr. TO THE CERTIFICATE POLDER NAMED TO THE .. LEFT, I:uT FAILURE TO MAIL 5 JCH NOTIC■ SHALL IMPOSE NO OI3LIOAT1ON OR LIABILI IY OP ANY KIND UPON THE COMPANY, ITS AQkNTS OR RE PFIESENTAT1VES. AUTHDhae0 PYr'H69C-NTATIVE TTIRT40 T) vhnnr ) J-92-289 5/14/92 92- 328 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE YWCA OF GREATER MIAMI, INC., A FLORIDA NOT - FOR -PROFIT CORPORATION, TO PROVIDE A COMMUNITY DEVELOPMENT "FLOAT LOAN", SUBJECT TO THE AVAILABILITY OF FUNDS AND CONTINGENT UPON PRIOR APPROVAL BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), TO AMEND ,-THE 17TH YEAR CDBG PROGRAM FINAL STATEMENT TO REFLECT ALLOCATIONS OF FUNDS AND A TECHNICAL INCREASE IN FUNDS BY SAID AMOUNT PLUS INTEREST, IN AN AMOUNT NOT TO EXCEED $2,000,000 AT ONE PERCENT (1%) INTEREST RATE FOR A PERIOD OF TWO (2) YEARS, SECURED BY AN IRREVOCABLE LETTER OF CREDIT FROM A BANK IN FAVOR OF THE CITY AND ACCEPTABLE TO THE CITY'S FINANCE DEPARTMENT AS COLLATERAL FOR SAID LOAN IN ACCORDANCE WITH FEDERAL GUIDELINES, FOR THE PURPOSE OF CONSTRUCTING A NEW TWO STORY BUILDING TO HOUSE THE AGENCY'S CENTRAL OFFICES AND OTHER COMMUNITY SERVICE FACILITIES IN THE OVERTOWN/PARK WEST NEIGHBORHOOD. WHEREAS, the City Commission is desirous of promoting and encouraging economic development' in the City's neighborhood community development target areas; and WHEREAS, the YWCA of Greater Miami, Inc., is prepared to invest in the Overtown community through the construction of new offices and neighborhood service facilities; and WHEREAS, the YWCA of Greater Miami, Inc., has requested a Community Development "Float Loan" in an amount not to exceed $2,000,000 to construot a new building in the Overtown neighborhood for administrative and service needs; and ATTACK! E T (S) CQI TAIIIE3 CITY COMMISS' MEETING Of MAY1't19� 9.24'-E° 3.2'8 WHEREAS, the Department of Housing and Urban Development (HUD) must first approve an amendment to the 17th Year CDBG Program Final Statement to reflect an allocation of funds and a technical increase in funds by said amount plus interest; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and inoorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized/ to enter into an agreement, in substantially the attached form, with the YWCA of Greater Miami, Inc., a Florida not -for -profit corporation, to provide a Community Development "Float Loan", subject to the availability of funds, in an amount not to exceed •$2,000,000 at one peroent (1%) interest rate for a period of two (2) years, for the purpose of providing finanoial assistance in the construction of a new building to be located in the Overtown/Park West neighborhood to serve as the agency's new central offices and provide additional oommunity service facilities, contingent upon prior approval by the Department of Housing and Urban Development (HUD) to amend the 17th Year CDBG Program Final Statement to reflect an allocation of funds and a technical increase in funds by said amount plus interest. 1/ The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. -2- 92- 328 Section 3. The Community Development "Float Loan" is further subject to and conditioned upon, the City's receipt of an irrevocable letter of credit from a bank in favor of the City and acceptable to the City's Finance Department as collateral for said loan and upon approval by the appropriate federal regulatory agency. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day o _�1992. XAVIE fL. SUAREZ, MAYOR ATT MAT HIRAI CITY CLERK COMMUNITY D V LOPM NT REVIEW AND APPROVAL: FRANK--CASTANEDA, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT FINANCIAL DEPARTMENT REVIEW AND APPROVAL: CARLOS GARCIA, DIRECTOR DEPARTMENT OF FINANCE BUDGETARY REVIEW AND APPROVAL: 4 MANOHAR SRANA ASSISTANT TY MANAGER -3- 92- 328 PREPARED AND APPROVED BY: CARMEN L. LEON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. QUIiIN J ES, III CITY ATTORNEY CLL:osk:M2943 -4- 92-- 328 10 • r ° '= City of Miami REQUEST FOR DIRECT PAYMENT INSTRUCTION: Please attach all the original documents related to expenditures, i.e., receipts, bills, invoices, etc. FROM 1. Name: FRANK CASTANEDA 2. Department: COMMUNITY DEVELOPMENT 3. Title: DIRECTOR 4. Date: February 3, 1993 ,• TO CHIEF ACCOUNTANT, ACCOUNTING DIVISION, FINANCE DEPARTMENT ti en 5. Name: Y.W.C.A. of Greater Miami 6. Address: 210 N.E. 18th Street Miami, Fl 33132 DESCRIPTION OF ITEM(S) TO BE PAID ACCOUNT CODE/ SUBSIDIARY NO. AMOUNT . Fourth payment out of $1.6 Million from C.D.B.G. float loan. Loan is to be repaid in two year period at one percent (1%) Authorized by Res. #92-328 & Executed Agreement. For Contractors Application for payment see invoices #11. 1-22-93 for $125,550 8. 451720-940 proj: 705612 S.B. — 177-030084 9. $125,550 10. Check Distribution: ❑ Mai Direct to Vendor rn to Department TOTAL PAYMENT 11. $ 125,550 12. Approved-""—' . -- I Approved: 2 14 193— De en i ctor/ esignee Date Expenditure Control Date Approved: IVendor FOR FINANCE USE ONLY No: Check No: Date: Finance/City Manager Date FOR REQUESTING DEPARTMENT USE ONLY Batch No: Pre -encumbered By: Date: I I Control Number DP- 21.1. a_ i C FN/AC 202 Rev. 12/89 Route: White and Canary copies to Expenditure Control and retain Pink copy. Distribution: While and Canary - Finance (Accounting) APPLICATION AND CERTIFICATE FOR PAYMENT FACSIMILE AIA DOCUMENT G702 Page One of 18 Pages TO (OWNER): YWCA OF GREATER MIAMI 210 NE 18 STREET MIAMI, FLORIDA 33132 FROM (CONTRACTOR): C.G. CHASE CONST. CO. 5835 BLUE LAGOON DR. #250 MIAMI, FLORIDA 33126 PROJECT: YWCA DAYCARE CENTER 351 NW 5TH STREET MIAMI, FLORIDA 33128 VIA (ARCHITECT): BERMELLO & ASSOCIATES 2601 S. BAYSHORE DR. MIAMI, FLORIDA CONTRACT FOR: YWCA OF GREATER MIAMI DAYCARE CENTER APPLICATION NO: 5 PERIOD TO: ARCHITECT'S PROJECT NO: Distribution to: ❑ OWNER 01/31/93 ❑ ARCHITECT 0 CONTRACTOR CONTRACT DATEJULY 14, 1992 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS DELETIONS Approved this Month Number Date Approved TOTALS Net Change by Change Orders The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: C.G. CHASE CONST. CO. 5835 BLUE GOON R. 950 MIAI,9RID 312j Date: ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observations and the data comprising the above application, the Architect certifies to the owner that to the best of the Architerss knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to the.payment of the AMOUNT CERTIFIED. Application is made for payment, as shown below, in connection with the Contract. Continuation Shed, AIA Document G703, is attached 1. ORIGINAL CONTRACT SUM S. 1,397,900 2. Net Change by Change Orders S 3. CONTRACT SUM TO DATE (Line 1 =-- 2) S 1,397,900 4. TOTAL COMPLETED & STORED TO DATE S 724,400 (Column G on G703) 5. RETAINAGE: a. 10.0 % of Completed Work S 72,440 (Column D + E on G703) b. 10.0 % of Stored Material S (Column F on G703) Total Retainage (Line 5a _ 5b or Total in Column I of G703) S 72,440 6. TOTAL EARNED LESS RETAINAGE S 651,960 (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT Line 6 from prior Certificate S 526,410 8. CURRENT PAYMENT DUE 5. 125,550 9. BALANCE TO FINISH, PLUS RETAAGE (Ling 3 lkIN ss Line 6) State of:County of: Subscribed and sworn to before me this l \ Notary Public: My Commission expires: day of S 745,940 19, �R� tg ST'hit FLORIt MY COi 41S5i0?: . i`1Y 7.0,1 J1 3'Jt:.ZC ,:..:.i Cc'�F::i.. 15. AMOUNT CERTIFIED S (Attach explapation if amount certified differs from the amount applied for.) ARCHITEC By: (��GC� Date: /— Zz This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. Berrnelto & Associates, Inc.. Architects. Planners & Inferior Designers. 2601 S. Bayshore Drive. Suite 1000, Miami, Florida 33133 . (305) 859-2050. Fax: (305) 059-963B PAYMENT CERTIFICATE TRANSMITTAL NUMBER: 5 DATE: ' 9 s TO: Y.W.C.A. OF GREATER MIAMI 210 N.E. 18th Street Miami, Florida 33132-1182 ATTN: Beverly Phillips RE: Y.W.C.A. Daycare Center B&A Project No. 9018.000 The accompanying certificate of payment is approved for payment in accordance with the Contract dated August 17, 1992, with Chase Construction Co., Inc. The current status of the Contract is as follows: 1. ORIGINAL CONTRACT SUM $ I, scn 1 q00 Net change by Change Orders $ Q 2. CONTRACT SUM TO DATE $ 1, 1 1 , 6j OO 3. TOTAL COMPLETED & STORED TO DATE $ —124 , 40o 4. RETAINAGE $ 12,440 5. TOTAL .EARNED LESS RETAINAGE $ 6 5119 coo 6. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 52 (P) 4 10 7. CURRENT PAYMENT DUE $ '2 5 f 550 V BERMELLO AND ASSOCIATES, INC. cc: Willy A. Bermello/B&A Tony Bosque/City of Miami' ENDOR: 072 980 [ATE PAID`. 01 / 06/ 93 THE CITY OF MIAMI, FLORIDA DCC s 053 19/82) 0693 VOUCHER NUMBER PURCHASE NUMBER DESCRIPTION NET . 9874E DP21189 TNIRD'._PYMT. . FROM C.D.B.G. FLOAT. LOAN 175410.00 • • a n• ,.i • !a( (DETACH BEFORE CASHING) THE CITY OF MIAMI, FLORIDA ltF NO.=1..-106938 / ,.;1Y:,a+,\P":; DATE 4 Southeast Bank, N.A. ,;" ' 1 8I96 E" Miami, Florida VkcoVo- to/f PAY EXACTLY****175.410**DOLLARS AND 00 CENTS TO THE ORDER OF t YWCA OF GREATER MIAMI. INC. 210 NE 18 ST MIAMI FL L 0000033142 II' 1069 3BII` 01/06/93 ****175..410.Q0* ! '" J , _ .D:i:_CTo UF•FII.;a'iLE• .Y�n:� FiiAi SQ aic O i aL YWCA OF GREATER•MIAMI. INC. 210 NE'18 ST MIAMI FL 0000033142 I:1duu1 t: IA U PAio: you HER , NU ER 9$49B r 12/18/92 THE CITY OF (11IAMI, FLORIDA PURCI IPSE OIIOEII !!UMBER DESCRIPTION DP21106-2ND YMT' (DE1ACI I BEFORE CASI-ZING) �i.._':mvn,r:_.i;rr..., om... 2.�tr;.nr,,:»�. _LaS�r,iu�n:�:.ly3 >,.:.atrt,s_;_3..z : ,,,,y,,;...2+•z „n... - r c _ ...::;�,rn- r r „tom.. THE CITY• OF mlArnl, FLORIDR .6808 12/18/92 DATE Southeast Bank, N.A. Miami, Florida 06143 ,NET. ` _s.04 PAY EXACTLY****124.200**DOLLARS°AND 00 CENTS ****124.200.00* TO TIIE ORDER OF :.�!..n.1 •;`;DIRECTOR OFFINANCE- •s ,45. f. U,lR OION Of fllttlltCE &11W I,�•<r„�m.., i='f"xe.,^ Y.?i_'7go:,., 2*i tOUM Bermello & Associates. Inc. • Arcnilects. Planners & Interior Designers. 2601 S. Bayshore Drive. Suite 1000. Miami. Florida 33133 • (305) 859-2050. Fax: (305) 859-9638 PAYMENT CERTIFICATE TRANSMITTAL NUMBER: DATE: TO: Y.W.C.A. OF GREATER MIAMI 210 N.E. 18th Street Miami, Florida 33132-1182 ATTN: Beverly Phillips RE: Y.W.C.A. Daycare Center B&A Project No. 9018.000 The accompanying certificate of payment is approved for payment in accordance with the Contract dated August 17, 1992, with Chase Construction Co., Inc. The current status of the Contract is as follows: 1. ORIGINAL CONTRACT SUM $ �J� 1 G CC Net change by Change Orders $ 0 2. CONTRACT SUM TO DATE $ I , , CICG 3. TOTAL COMPLETED & STORED TO DATE 4. RETAINAGE 5. TOTAL EARNED LESS RETAINAGE 6. LESS PREVIOUS CERTIFICATES FOR PAYMENT 7. CURRENT PAYMENT DUE 5 I , CCC BERMELLO AND ASSOCIATES, INC. cc: Willy A. Bermello/B&A Tony Bosque/City of Miami • .. • • -• • . • _ • - • . . • - • • • .7:: • • • 1- • . • - . • • . • .. • VENDOR: DATE PAID: . . _ ..• _ ._ • 072980 12/03/92 THE CITY OF MIAMI, FLORIDA 1.:CC = 053. (9.82) VOUCHER - • NUMBER PURCHASE CRCER NUMBER ' DESCRIPTION -7 I 1 NET . 29692. . 00000 "1STPYMT.''FROM.C.D.G.S.FLOATLOAN- .226800.00 , . . . .. . ., • .. . ... ... .. . . ,.E . . . •'• . • .. . (DETACH BEFORE CASHING) THE CITY OF MIAMI, FLORIDA !AI ("e5 Southeast Bank, N.A. Miami, Florida 53-58 6E0 12/03/92 DATE PAY EXACTLY****226,200**DOLLARS AND 00 CENTS TO THE ORDER OF YWCA OF GREATER MIAMI. INC. 21O.NE /8-ST MIAMI FL. L 0000033142 • • • • • II) •• .."• $..• , 1: ...dn....7*. ,e5 • :. • _41 : .. • fee. "1 : • • • '",'"r0 ....... =cirarSM • . • A SS T. D LI 0 TOR NO. 1- 165311 III I 0 S 3 110