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Job Order Contracting with Carivon Construction~a'4" 7 (S1 a9 JOB ORDER CONTRACTING AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND CARIVON CONSTRUCTION COMPANY FOR HORIZONTAL RIGHT-OF-WAY (ROW) CONSTRUCTION PROJECTS FOR THE CITY OF MIAMI BEACH, FLORIDA INVITATION TO BID NO. 23-08/09 Project Manual 00800 CONTRACT CONTRACT THIS CONTRACT is entered into this ~ ~ day of ~e /Q,w 2009 (Effective Date), by and between the CITY OF MIAMI BEACH, a political subdivision of the State of Florida, hereinafter referred to as CITY, and CARIVON CONSTRUCTION COMPANY, hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1. The scope of work under this Contract shall be determined by individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the CONTRACTOR shall furnish any and all labor, materials, equipment, services and incidentals necessary to perform all of the work for the Project described in the Job Order. ARTICLE 2 CONTRACT TIME 2.1. This Contract shall be for an initial term of one (1) year, commencing upon the Effective Date. The Contract may be renewed, at the City's option, for four (4) additional twelve (12) month terms, subject to the requirements of Section 3 of the JOC Supplemental Conditions. The Maximum Contract Duration shall be no more than five (5) years, or when the Maximum Not to Exceed Contract Value is reached, whichever is first 2.1.1. Once the Contract is in place, individual Job Orders will be issued through Blanket Purchase Orders and Notices to Proceed, issued by the Contract Administrator. The time for completion of individual Job Orders will be contained in the Notice to Proceed. CONTRACTOR shall not begin work without a signed Blanket Purchase Order and Notice to Proceed. 2.2. Time is of the essence throughout this Contract. Job Orders shall be substantially completed within the specified calendar days listed on each individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 hereof within the time specified on each individual Notice to Proceed. Contract Project Manual 2.3. Liquidated Damages may be applied to individual Job Orders at the discretion of the CITY. The dollar amount(s) relative to Liquidated Damages are not intended to be applied as penalties, but rather to be applied as damages to the CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated Damages on construction projects other than streetscape or utility proiects are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the CITY as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the CONTRACTOR to complete the Project on time. 2.3.1 Liquidated Damages relative to a streetscape or utility project. The additional cost realized by the CITY consists of the following components: Additional construction administration by CITY, Program Manager, and/or Consultant. Additional resident observation by CITY and/or Program Manager. Loss of use of facilities, including, without limitation, loss of parking revenue, sidewalk cafe fees, etc. The cost realized by the CITY for extended Project milestone completion consists of the sum of the Program Management (PM) fee; the City Construction Management (CM) cost; additional Consultant fees that would be incurred by the CITY for each day that the Project completion is delayed; and those costs realized by the CITY for loss of facility use. It is estimated that the PM component of CITY incurred expense could reasonably consist of one resident observer ($75 per hour for 8 hours per day = $600), one Project Coordinator ($125 per hour for 4 hour per day = $500), and one Project Administrator ($50 per hour for 4 hours per day = $200). Hence, the estimated PM component of the liquidated damage value to be used on streetscape or utility projects would be $1,300 per day. It is estimated that the Construction Management component of CITY incurred expense would be based on the recognized rate of 4% of total Project cost. Hence, a $5,000,000 Project that has construction duration of 300 working days would result in a CM cost component of $800 per day. This value will vary by Project. Loss of Parking Revenue: If applicable, will be incorporated in the Job Order/Notice to Proceed. Contract 2.4. CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under the Job Order or as much thereof as CITY may, in its sole discretion, deem just and reasonable. Project Manual 2.5. CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the CITY in administering the construction of the Project beyond the completion date specified in the Notice to Proceed, plus approved time extensions. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under the Job Order by means of unilateral credit change orders issued by CITY as costs are incurred. ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS 3.1. The Contract is an indefinite-quantity contract with no minimum values. The Estimated Contract Term Value for ITB No. 23-08/09 -HORIZONTAL RIGHT-OF-WAY (ROW) is Five Million Dollars ($5,000,000) per term. The Maximum Not To Exceed Contract Value for ITB No. 23-08/09 - HORIZONTAL RIGHT-OF-WAY (ROW) is Twenty-five Million Dollars ($25,000,000). 3.2. Payment shall be at the lump sum price stated in the Notice to Proceed for each Job Order. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all Work in full conformity with the requirements as stated or shown (or both) in the Contract Documents using the following Adjustment Factors: 3.2.1. Normal Working Hours Construction: CONTRACTOR shall perform any or all functions called for in the Contract Documents and the Detailed Scope of Work, scheduled during Normal Working Hours, in the quantities specified in individual Job Orders against this Contract, for the unit price sum specified in the Construction Task Catalog® multiplied times the Adjustment Factor of: i o 2 s ~ 3.2.2. Other Than Normal Working Hours Construction: CONTRACTOR shall perform any or all functions called for in the Contract Documents and the Detailed Scope of Work, scheduled during Normal Working Hours in the quantities specified in individual Job Orders against this Contract, for the unit price sum specified in the Construction Task Catalog® multiplied times the Adjustment Factor of: Contract 1 0 3 1 5 Project Manual 3.2.3. Non Pre-priced Work Tasks: CONTRACTOR shall perform any or all functions called for in the Contract Documents and the Detailed Scope of Work that are Non Prepriced Tasks multiplied times the Adjustment Factor of: 1 0 6 6 0 ARTICLE 4 PROGRESS PAYMENTS 4.1. For Job Orders intended to have a duration of thirty (30) days or less, CITY will make only one final payment. For Job Orders intended to have a duration of more than thirty (30) days the CONTRACTOR may make Application for Payment for Work completed during the Project at intervals of not more than once a month. CONTRACTOR'S application shall show a complete breakdown of the Project components; the quantities completed and the amount due; and such other supporting evidence as may be required by CITY. CONTRACTOR shall include with each Application for Payment, an updated Progress Schedule acceptable to CITY (and as required by the Contract Documents), and a release of liens and consent of surety relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated Progress Schedule. 4.2. Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY, in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, 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 CITY and shall be recommended by the Contract Administrator. 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. 4.3. CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1. Defective work not remedied. 4.3.2. Claims filed, or reasonable evidence indicating probable filing of claims by other parties, against CONTRACTOR or CITY because of CONTRACTOR'S performance. Contract Project Manual 4.3.3. Failure of CONTRACTOR to make payments properly to subcontractors, or other failure to pay materials or labor. 4.3.4. Damage to another contractor not remedied. 4.3.5. Liquidated damages and costs incurred by CITY, as noted in Section 2.3. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1. Upon receipt of written notice from CONTRACTOR that the Project is ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. If the CITY finds that the Work is acceptable; the requisite documents have been submitted; the requirements of the Contract Documents have been fully satisfied; and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00922) shall be issued by CITY stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2. Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to the CITY a complete release of all liens arising out of the Job Order (or at the CITY's sole discretion, 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; a consent of the surety to final payment; the final corrected as-built drawings; and a final invoice. 5.3. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and the CITY so certifies, CITY shall, upon certification of the CITY and without terminating the Job Order, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4. 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 final payment. The acceptance of final payment by CONTRACTOR 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 application for final payment. Contract Project Manual ARTICLE 6 MISCELLANEOUS 6.1. This Contract is part of, and incorporated into, the Contract Documents, as defined herein. Accordingly, all of the documents incorporated into the Contract Documents shall govern this Project. 6.2. 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 the Project, the more stringent State or federal provision shall prevail. 6.3. Public Entity Crimes: 6.3.1. 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, 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 and may result in CONTRACTOR debarment. 6.4. Independent Contractor: 6.4.1. CONTRACTOR is an independent contractor under this Contract. Any and all work and/or services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such work and/or services, neither CONTRACTOR nor its officials, employees, contractors and/or agents shall act, or purport to act, as officers, employees, contractors and/or agents of the CITY. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5. Third Party Beneficiaries: 6.5.1. Neither CONTRACTOR nor CITY intends to directly or substantially 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 assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any Contract Project Manual rights or obligations in any third person or entity under this Contract. 6.6. Notices: 6.6.1. 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 CITY: City of Miami Beach Procurement Division Attn: Gus Lopez, Procurement Director 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For CONTRACTOR: Carivon Construction Company Attn: Ivonne Munne 12171 S.W. 131 Avenue Miami, Florida 33186 6.7. Assignment and Performance: 6.7.1. Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work or services required by this Contract except as authorized by Section 18 of the General Conditions. CONTRACTOR represents that all persons delivering any work and/or services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the scope of work for the particular Job Order, and to provide and perform such work and/or services, to CITY'S satisfaction, for the agreed compensation. Contract Project Manual 6.7.2. CONTRACTOR shall perform its duties, obligations, and any work 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. 6.8 Materiality and Waiver of Breach: 6.8.1. CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. 6.8.2. 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. 6.9. Severance: 6.9.1. 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. 6.10. Applicable Law and Venue: 6.10.1. 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 of any civil litigation related to, or arising out of, the Contract. 6.11. CONTRACTOR shall specifically bind its sub-contractors to the provisions of this Contract. 6.12. Amendments: 6.12.1. 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 CITY and CONTRACTOR. Contract Project Manual 6.13. Prior Agreements: 6.13.1. 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 Section 6.12 above. Contract [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Project Manual Contract IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTF~6T: CITY OF MIAMI BEAC FLORIDA ~~,~1.(.~''~°~ Robert Parcher, City Clerk Matti Herrera Bower, Mayor CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: -~ ~_ -{fie reta ) Corporate Seal) CONTRACTOR/CARIVON CONSTRUCTION COMPANY r B .% ~ --`~~- (S~ nature and Title) (Type Name/Tit a Signed Above) ~~ day ofT, 20 [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of , 20 CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACT~RVEDASTO DISTRIBUTION. FbRM & LANGUAGE & FOR EXECUTION ~ e EXHIBIT 6 PERFORMANCE BOND This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: GREAT AMERICAN INSURANCE COMPANY 1060 MAITLAND CENTER COMMONS BLVD MAITLAND, FL 32751 Bond Number: 1572847 Contractor Name: CARIVON CONSTRUCTION CO 12171 SW 131ST AVENUE MIAMI, FL, 33186 786-412-6459 Owner Name: THE CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 Project Number: 23-08/09 Project Description: HORIZONTAL CITYWIDE CONSTRUCTION SERVICES Project Address: MIAMI BEACH, FLORIDA Legal Description of Property: HORIZONTAL CITYWIDE CONSTRUCTION SERVICES This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. Manual Form of Performance Bond 00914 FORM OF PERFORMANCE BOND Bond No. 1572847 BY THIS BOND, We Carivon Construction Comganv as Principal, hereinafter called CONTRACTOR, andGreat American Insurance Comparg~ Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial Two Million Dollars ($2,000,000) for VERTICAL CITYWIDE, an initial Two Million ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred Thousand Dollars ($500,000) far ELECTRICAL, an initial Five Hundred Thousand Dollars ($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for WATERPROOFINGlPAiNTING, and an initial Five Hundred Thousand Dollars ($500,000} for ROOFING for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has 6y written agreement entered into a Contract, 1TB No.: 23-08109 ,awarded the day of , 20 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. Performs the Contract between CONTRACTOR and CITY for construction of Job Order Contract ITB 23-08109 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 attorneys 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. Whenever CONTRACTOR shat! 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 shaEl promptly: Project Manual Form of Performance Bond 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or - 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 Job Order Amount; but not exceeding, including other costs and damages far which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Job Order Amount," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments (hereto, 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 -_ ~ day of , ~~ ~ .~ f -~~ , 20_~ Project Man WITH (CORPORATE SEAL) Form of Performance Bond IN TF~ PRESENCE OF: Carivon Construction Company Name of,.Corporation) f ~~~ ( griature and Title) -- (Type NamelTitle Signed Above) ~~day of. ,' , 20 `X~ `wJ INS R NC,E COMPANY Gr t scan Itllsur nce C/o pany B V j ~l `~ V, 4-, i J Agent and Attorney-in-Fact ~ Florida Michael Bonet Resident Agent 2701 Maitland Center Parkway Suite 125 (Address: Street) Maitland, FL 32751 (City/State/Zip) Telephone No.: 407-667-0022 EXHIBIT 7 PAYMENT BOND Project Manual Form of Final Receipt Bond No. 1572847 00915 FORM OF PAYMENT BOND BY THIS BOND, We Carivon Construction Company as Great American Insurance Company Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial Two Million Dollars ($2,000,000) for VERTICAL CITYWIDE, an initial Two Million Dollars {$2,000,000.00} for HORIZONTAL ROW, an initial Five Hundred Thousand Dollars {$500,000) #or ELECTRICAL, an initial Five Hundred Thousand Dollars ($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) far WATERPROOFING/PAINTING, and an initial Five Hundred Thousand Dollars ($500,000) for ROOFING 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.: 23-08109 ,awarded the day of , 20 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 Band are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pays CITY al! losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains because of default py CONTRACTOR under the Contract; and 2. Promptly makes payments to alt 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 far 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 (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written Project Manual Form of Final Receipt notice of the pertormance of the labor or delivery of the materials or supplies and of the nonpaymenE. 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 Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety' obligation under this Bond. Signed ands I t ~ y ~- / s WITNESS' S: .9 ; `-~ Carivon Construction Company (CORPORATE SEAL) Name o~,~Co oration) By -~~ "` ~ ( ignatu a an T t!e) (Type Name/Title Signed Above} P iN5 R NCtE COIyIPANY Grea er Gan I $ nce Co .pony sy ~ ~1 ~ c; Agent and ttorney-in-Fact & Florida Resident Michael Bonet Agent 2701 Maitland Center Parkway, Suite 125 (Address: Street) Maitland, FL 32751 (City/State/Zip) Telephone No.: 305-364-7800 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 18528 POWER OF ATTORNEY KNOW ALL 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, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of 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 Address Limit of Power MICHAEL BONET BOTH OF BOTH MICHAEL A. HOLMES MIAMI LAKES, FLORIDA $75,000,000. This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1ST day of APRIL 2009 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: D,avio C. KircHiN (5ia-a~2-aso2) On this 1ST day of APRIL 2009 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of 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 the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional trce Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid o,~cers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and e, fJect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and aze now in full force and effect. Signed and sealed this day of S7029Y (10/08) EXHIBIT 8 INSURANCE CERTIFICATE OP ID MC ACORD CERTIFICATE OF LIABILITY INSURANCE cARIV_2 DATE(MMIDD/YYYY) 07 23 09 PRODUCER BROWN & BROWN OF FLORIDA INC 8000 GOVERNORS SQUARE BLVD 400 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. ML~MI LAKES FL 33016-1588 Phone: 305-364-7800 Fax: 305-822-5687 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HARLEYSVILLE MUTUAL INS CO 14168 INSURER B: STAR INSURANCE COMPANY 18023 CARIVON CONSTRUCTION COMPANY INSURER C: 12171 SW 131 AVENUE INSURER D: MIAMI FL 33186 INSURER E: C(IVFROC;FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM DDIYY E PDATE MM%DD YY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 ~ OOO ~ OOO A X X COMMERCIAL GENERAL LIABILITY GL00000056220B 04/01/09 04/01/10 PREMISES (Eaoccurence) $ 500,000 CLAIMS MADE X~ OCCUR MED EXP (Any one person) $ 5 , OOO PERSONAL & ADV INJURY $ 1 ~ OOO ~ OOO GENERAL AGGREGATE $ 2 , OOO ~ OOO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $2000,000 POLICY FECOT- LOC Em Ben. 1 ~ OOO , OOO AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) Q~ ry~ ~ f! PROPERTY DAMAGE p (Per accident) $ GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ' TORY LIMITS ER B EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC0348905 07/30/08 07/30/09 E.L. EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO GENERAL LL~BILITY WHEN REQUIRED BY WRITTEN CONTRACT REF: HORIZONTAL CITYWIDE CONSTRUCTION SERVICES ITB NO. 23-08/09 *10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION CITYM-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR MIAMI BEACH FL 33139 REPRESENTATIVES. AU ZED REPRESENTATIVE AcvRO 25 (2001ios) ~ ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) .~ . AUG-5-2004 03:25F' FROt~1: ~~,,,~~ M CERTIFICATE OF INSURANCE $ ~ RANCE AS RESPECTS THE INTEREST OF T4 OR OTHERWISE TERMINATED WITHOUT CERTIFICATE HOLDER, BUT iN NO EVENT SHALL THi' THE DATE WRITTEN. THIS CERTIFICATE OF INSURANI ANY POLICY DESCRIBED BELOW. This certifies that: ®STATE FARM MUTUAL AUTOMOI ^ STATE FARM FIRE AND CASUAL ^ STATE FARM COUNTY MUTUAL ^ STATE FARM INDEMNITY COMP ^ STATE FARM GUARANTY INSUR - 1---~ t... iL... F..11..a..i..n Alo.nnrl IncllrQr{ 7C C T0:3O522902B P•2'P E CERTIFICATE HOLDER NAMED BELOW WILL NOT BE GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE 8E VAL[D MORE THAN 30 DAYS FROM E OOES NOT CHANGE 7HE COVERAGE PROVIDED BY INSURANCE COMPANY of Bloomington, lllfnois COMPANY of Bloomington, IUinais DURANCE COMPANY OF TEXAS of Dallas, Texas Ir of Bloomington, Illinois, or CE COMPANY of Bloomington, Illinois vn halnw' nay Coverage era IulcG lul ulc ivuuvrll~y 1`1Gi1,~GU ,,,y~,~~ ~ - NAMED INSURED: CARIVON CONSTRUCTION COMPANY ADDRESS OF NAMED INSURED: 12271 sw 131ST AV~rroe IAMZ FL 3.318 6 POLICY NUMBER 77813gg 776 7364 776 7365 EFFECTIVE DATE OF POLICY 04/03/09 04/03/10 04/01/09 10/01/09 04/01/09 10/01/09 2000 FOR 2007 JAGUAR KI{ 2D DESCRIPTION OF EXCURSIO LTD 2WD CPE VEHICLE(IncludingVlN) 1FMNU92F YED17871 SAJWA43B675B10645 LIABILITY COVERAGE ®YE5 ^ NO ®YES ^ NO ~ YES ^ NO ^YES ^ NO LIMITS OF LIABILITY a. Bodily Injury Each Person 7 ~ Each Accident b. Property Damage Each Accident c. Bodily Injury & Praperiy Damage Single Limit Each Accident $1,000,000 $1,000,0 0 $1,000,000 PHYSICAL DAMAGE YES ^ NO ^ ®YES ^ NO ®YES ^ NO ^YES ^ NO COVERAGES a. Com rehensive $ Deductible $ 500 Deductible $ 500 ^eductibte $ Deductible ^ YES ^ NO ®YES ^ NO ®YES ^ NO ^YES ^ NO b. Collision $ Deductible $ 500 Deductible $ 500 Dedudlble $ Deductible EMPLOYERS NON-OWNEt] ' YES ^ NO ^YES ^ NO ^YES ^ NO ^YES ^ NO Y COVERAGE CAR LlA91Li1 NiRED CAR LIABILITY ®YES ^ NO ^YES ^ NO ^YES ^ NO ^YES ^ NO COVERAGE FLEET -OVERAGE FOR ALL OWNEDAND LICENSED YES ^ NO ^ ^YES ^ NO ^YES ^ NO ^YES ^ NO M TQR VEN1C ES /~~~ .~.. r ~.5~ AGE T 2699 OS 05 2009 ignature ofAut resentaliva Tttl Agent's Code Number Rate fVame and Address of Certificate Holder ame and Address of R ent CITY OF MIAMI BEACH TATE FARM INSURANCE COMPANY 1700 CONVENTION CENTER DR ILL HELSIG INSURANCE AGENCY INC MIAMI BEACH FL 33139 0290 Sw 56TH STE STE 11104 PROJECT: HORI20NTAL CITYWIDE CONSTRUCTION TAMS FL 33165 SERVICES ITB NO Z3-08/09 05-595-6300 INTERNAL STATE FARM USE ONLY: ^ Request permanent Certificate~f Insurance for liability coverage. 122428.3 Rev. 07-Z&205 ~ RequesE Certificate Bolder to b added as an Additional Ensured.