Loading...
JOC Agreement with GR Electric, Corp. JOB ORDER CONTRACTING AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND GR ELECTRIC CORP. FOR ELECTRICAL PROJECTS FOR THE CITY OF MIAMI BEACH, FLORIDA INVITATION TO BID NO.24-08/09 Project Manual 00800 CONTRACT CONTRACT THIS CONTRACT is entered into this ~ day of ~~~aiP~ , 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 GR ELECTRIC CORPORATION, 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 projects 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. 24-08/09 -ELECTRICAL is One Million Dollars ($1,000,000) per term. The Maximum Not To Exceed Contract Value for ITB No. 24-08/09 -ELECTRICAL is Five Million Dollars ($5,000,000). 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: 1 1 2 6 6 3.2.2. Other Than Normal Workin 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 2 0 0 0 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 1 6 8 3 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: GR Electric Corporation Attn: Gonzalo Planas 4618 E. 10 Court Hialeah, Florida 33013 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. ATTEST: CITY OF MIAMI BEACH FLO DA Robert Parcher, City Clerk Matti errera Bower, Mayor CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below. ATTEST: (Secretary) Corporate Seal) CONTRACTOR/GR ELECTRICAL CORPORATION By ~ . ~' (Signature and Title) ~o -n z a l ~ ~~ ~z3 ~°~ S ~ ~ ~7` (Type Name/Title Signed Above) ~ ~ day of, 20~ [If not incorporated sign below.] CONTRACTOR W ITN (Name-,,,'~'~,•~ E~;res"`"A~,R 07 2011 BONDED 7'HRUATLAWTIC BONDING CO, INC. By (Signature) (Type Name Signed Above) day of , 20 CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE ~ FO ELUTION ~`t1~~ ttome at EXHIBIT 6 PERFORMANCE BOND Project Manual Form of Performance Bond Bond #5053869 00914 FORM OF PERFORMANCE BOND BY THIS BOND, We G. & R. Electric Corp. as Principal, hereinafter called CONTRACTOR, and SureTec Insurance Companti_ 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 ($2,000,000.00) for HORIZONTAL ROW, an initial Five Hundred Thousand Dollars ($500,000) for ELECTRICAL, an initial Five Hundred Thousand Dollars ($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for 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, ITB No.: 24-08/09 ,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 24-08/09 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 shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: March 2009 City of Miami Beach Page 161 of 185 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 for 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 thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 10th day of August , 20 09 :~ BflNp PREMIUM BASEO ~~ CONTRACT P March 2009 City of Miami Beach Page 162 of 185 Project Manual Form of Performance Bond G. & R. Electric corp. Name of Corporation) ~S ! ~e~c~ (Signature and Title) ~~ (CORPORATE SEAL) Gonzalo Planas, President (Type Name/Title Signed Above) 10th day~gust , 20 09 IN THE PRESENCE OF: SureTec Insurance Company INSURAN C PANY 6 By Agent and Attorney-in-Fact urton Harris 952 Echo Lane, #450 (Address: Street) Houston, TX 77024 (City/State/Zip) Telephone No.: (305) 552-5414 March 2009 City of Miami Beach Page 163 of 185 (secretary) EXHIBIT? PAYMENT BON D Project Manual Form of Payment Bond Bond #5053869 00915 FORM OF PAYMENT BOND BY THIS BOND, We G. & R. Electric Corp. as Principal, hereinafter called CONTRACTOR, and SureTec Insurance CompanyaS 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) for ELECTRICAL, an initial Five Hundred Thousand Dollars ($500,000) for MECHANICAL, an initial Five Hundred Thousand Dollars ($500,000) for 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 N~ 24-08/09 ,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. Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written March 2009 City of Miami Beach Page 164 of 185 Project Manual Form of Payment Bond notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the 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's obligation under this Bond. Signed and sealed this 10th day of August , 20 09 G. & R. Electric Corp, Name of Co ration) _._ _ ~~~. By. (Signature and Title) (CORPORATE SEAL) Gonzalo Planas. President (Type Name/Title Signed Above) SureTec Insurance Company IN THE PRESENCE OF: INSUR CE C PANY a- By Agent and Attorney-in-Fact Burton Harris 952 Echo Lane, #450 .(Address: ~lireet) Houston, TX 77024 (City/State/Zip) The terms, provisions anti conditions of Sectbn Telephone No.: 305) 552-5414 713.23, F.S. ~r Section ^55.05. F.S., whichever statute is o, E~hc;.~l~'a, zrre hereby inCOr~orated by reference, anti made a pert of this Payment Bond. March 2009 City of Miami Beach Page 165 of 185 Project Manual Certificate as to Corporate Principal 00916 CERTIFICATE AS TO CORPORATE PRINCIPAL I, ~~ ~ 2 ~, ~~ ~,C2,~,Z ~ ,certify that I am the Secretary of the corporation named as Principal in th~noaegoP g Performance and (Performance Bond and Payment Bond); that ,who signed behalf of the Principal, was then President Payment Bond the Bond(s) on of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. -~ (Seal) as Secretary of -~. (Name of Corporation) (SEAL) STATE OF FLORIDA ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duty commissioned, qualified and acting personally, appeared Burton Harris to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this 10th day of August , 20 09 My commission expires: ~ ~~~`~ Notary Public, State of '~~~'~' Florida at Large Barbara K. Bates iq"h~ Notary Public State of Florida Barbara K Bates My Commie=ion DD909710 Bonded by Huckleberrv Notarv Bonding. Inc. March 2009 City of Miami Beach Page 166 of 185 Bond #5053869 POA #: 910005 Sur~Tec Insurance Company LIMITED PO'~t7VER OF ATTQRNE'Y Know Alt Men lyy :These .Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its :principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint. Burton Harris, Christine M. Reed Harris, Marina Mercedes Ramil, Odalis Carera of Miami, Florida .its true tend lawful Attorney(s)-in-fact,-with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds,. recognizances; undertakings. or other instruments or contracts of suretyship to include waivers to the conditions of contracts and. consents of surety, providing the band penalty does notexceed Five Million Dollars and no/100 ($5,000,000.00) and to bind. the Company thereby as fully and to the- same- extent as if such bonds were signed by the .President, sealed with he corporate seal of the Company and duly attested by its Secretary, hereby ratifying and. confirming all that the said Attorney(s)-in-Fact may do in the premises.. Said appointment-shall continue in force. until 9/30/09 and is -made under and by authority exf the following resolutions of the Board of Directors of the SureTec insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President; any Secretary or any Assistant Secretary .shall. be and is Hereby vested'. with full power and authority to appoint;any one or more-suitable persons as Attorney(s)-in=Fact to represent and act for and on behalf of the Company subjeef to the following provisions: Attorney-ln-Peer may be given: foil power and authority for and' in the name of and of behalf of the Company, to execute,. acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditianat or obligatory'undertakings and any and all notices and documents canceling or terminating the Company's liability thereundzr, and any sugit instruments so executed by any such Attorney-in-fact shalt be binding upon the Company as ifsigned by the President and-sealed-and efi'ecied by the Corporate Secretary. Qe tt Resolved that the signatureof any authorized officer and scat of the Company heretofore or hereafter affixed to any power of attorney pr anycertiticate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and: binding upon the Company with respect to any bond: or undertaking to which it is attached. (Adopted eta meeting held on 20''' of,9pri1, 199~.J In R'itness iWhereof, SURETEC INSURANCE COMPANY has caused. these. presents to be signed by its President, and its corporate. seal to be hereto affixed this 20th day of Tune, A,.D. 2005. ,~~V TEC RANGE COIYiPA1~lY itr~, X 'Y `~ ~ Bye t W ~ ~ B.J lKi g, reside t State of Texas ss: ~~,t. ; ~ ~ .~ County of FIarris •,•._.--.. On this ~Oth day of June, A.D. 2005 before me personally-came BJ: King, to me known, who, being lit' me duty sworn, did depose and say, that he resides in Houston, Texas, that he is President of SIJRPTEC INSURANCE. COMPANY, the. company described in and which executed the above instrument; that he knows the seal of said'Company; that the- seal affixed to said instrument is such corporate seal; that it was sn affixed by order of the Board of Directors of said Company; and-that he signed his.name thereto by like order: Michelle Denny aP~"Y"`~ Notaltr Public lltate Ct Texw °~~+ (~.,~Q, ~3~#+ti'~t1~.-, ~.~' Mt/Cturt-~crk E>q~+es Michelle Denny, Notary. Pii~tic ,~CJgt~ ~?, 2C~$ My comtttission expires August 27, 2008 [, M. Brent Beaty, Assistant Secretary of S[JRETEC'INSURANCE GOMPANI', do hereby certify that theabove and foregoing is a true and correct copy of a Power of tlttorney, executed by said Company, which. is still art full force .and effect; and furthermore, the resolutions of the' Hoard. of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand. and the seal of aid Company at Houston, Texas'this 10th day _ Au ust ~ 20 09 ~ A D ...:Brent Sea sistant Sec tart' Any Ynstrument issued in excess of the penalty stated above Hs totally void and without any validity. Forverification ©f the authority of this power you tnay call (79J1 tr12-GE09 any business day between. $:t10 am and 5:00 pm C8T. EXHIBIT 8 INSURANCE CERTIFICATE :Ju1 31 2QQ9 11;Q2RM FREREIRR ThISURRNCE 30527x383'4 CYdtEt EftC9f !! aa GG pallcy Number: ~~~~l~~~A~F+. ~~ ~~~~~~~~ ~~~~~~~ ~pL7P, IL~C . PHIS CERTIFICA'iE IS ISSUED AS A MATTER OF ~aoucER FsRExt~ ziQ5tiRAN[:>v CNf-1' AND CONFERS NI7 RIGHTS UPON THE lO6Ti s.9i. 188 Street ~{OI.UER. PHIS CERT1Flca1'E DOSS NoT AIME=N1 30 ,p~-I'ER THE COVERAGE AFE:ORa6D SY' THE Ppl p.1 ed: 7/3~ 9 DA`T'E (f11NUDDIYYr'h 7/31/2009 EXTEND OA snits Cutlass Say, ~1+arida 337.57 ~ i'hane: t305)277.~2883 . INSURERS AFFORDING C011ERAGH .-..^_ _ , _ I NAICI~• ~- _ p8x: (300 271-393a ....,_.. _ .._ ..~_.~~.. - ...~_.,,.._,. . - _ ~^. -~ _ .._..._- _.. INSUae~t+~ TItA INSURE G 6 E, EybotriC, Crar'p • ~. _. -. ..BAm6EFSRi.D I3•TST3R~I.NCE C0~1~ _ __ ~ INSURER B.. -~^_ ...._.... -... .- _ . -_.., AOSO E. 14 9t, ~ Iwsuf~EAC~ _ _....-..----- • -- .__.._ __...--••- __.~. .,- _• I3I~+'~AH, 13'I. 33013 ' INSUIRERL; ..... __... ,.__... L._,. _.. -....... _. .•-• •--. .. ...__... ~rsuRER ~: covr:RAl;r~ _ THE PC)LICIES C7F fTBT RM C1R IGC)MOITION~ OF AVY 9CONTRAGT QR OTHER nOG ME~ V:-ITHR RESPEC PTO WHICH 'f~ $I~ ERTIFICA~E ~ S T 9SU D C ANY RfQU1REMEN , MAY PERTAIAI, THE INSUFlANGE pFFQRPEO 8Y THE POLICIES CIESCRl9ED HEf~EiN IS SV8JI=CT TO ALL THE TERMS, BXCI.USIQN5 AND erONRITIOMS of POLICIES. AGCREGAT£ LI1411T3 SMCWIV MAY MAVE BEEN REDUCED F3Y PAIp L _--- r__...._._-.. -.. - -- .-'- . -.. -- •- - -" " . - -TPOUa~ IEF'F~CTNE 'rpt,lcY rlevrenTlGN uMlt~a W$R nrnr - _ ,- ..-.....- ~ __. .. pOLICr kU1NBER ~ pp,CH OCCt11iFlENCE _ 31 ~ fSQO, DOb i I ~~„kluvc~~`oltEnl '6` .~^300,440. a~elERAl.unDluTr ! 7/212d~9 ~ 7/2!247.0 -.._..'- A I _ CAMMERCIN. GENERAL LIAe~LITr ~S 6$481 Gtq'~17 6COF04 I :-~Enm~~ CEn_el_ ~. _ , I I 4 ~ MEG E%P{~+^Y ohM~MP011~~s~,d~~ i CLAIMS hA40E ~ OCCUR j I ~ I- F---- _.. - .. S ~.. Q00 , ~-~Q_ I .. _.., {1 PEft-SOKAL &AdU INJIM~V.._.+_~,-- .. .... I I --i .... _. ,.-•- -- .............-. -. ~ :. FNLRALAGGHEC,A?k . ~ $•2+D04, 4O 1 ...4.~. __ _ , _._ -- ---... ~_.._ I ..-- --"---•"- --~.-_ ` PROOUG"1'S-:COMPIOPAGG i tZ,404,400 --1---... --.. ~- ~ :. ~ GEN'LAfcGR~GATELIMRAhPLIESPF.R: ' PRO- ~ I f PDLICY ` LOC AutOM110BIt.E ~IggK,ITY { ' I ; ~~ ~~"I~~SIhfGLE LIMIT - I a.---- --1.. - ANY ALJTD ~ I i.. • ..-_.. -.~_ .. . I I- i I j gODIL7INJURY ~ ALL QWNL•D AlITOS ~ I , _.. (P'mr Pernrn) _ i ~ sCHEWJIEP AUTOS ._..._....... - I I _ .. ~f ~j ` ~ adOli.Y i~11uRY ~ i rpRl:D Av'rot•: ~ K / ~ ~ lP~er a~l~ ~ E ~. ~ ~ f~l i ~-- J NL1N,DyyuF,DAU1'()6 ..... ..~~ .. __.__ .... .. ..-- , i ~ PF{DPE13TYpAA14(v~ S j . _ _. -... _... -._. I I I (Per sox Bern! 1 ~.. _ i -....~. - -• ~ JWTOONI,Y•EAACCg7ENT r S _ m~apE tUYDILITY i ~ EA ACC 3 1 ~,DTHERTHAN ----~-"' -_ NVYALlTO i I I AUTp4NlY: Aa0 S ~ ' I I I i 'EACH oCCURRENC6 ~ _ E8G655 f UMBRELLA LIA8111TY ~ i I I---' ' -• -- •-•-~---"'._.- . {{ i -. ~ AGGRE4ATK - 4 g... _._r- j I- ~ OCCUR , - ~ CLAINISIIMQE I ~ . _ _ .._.__ ... ~ - S •---••--' •~---- I RETENTION ~ 1 WG6TATU- ~ ,OTIi- WDRItER$ CDMP>:N6ATIOM ~ I ... .:f•O.~-L~ ,ALE... i .F.B,..~_..-.....--. ~ ArD rJIfPLOYEaRS' LIASIUTY r r N i ~ ; E..L. EACH ACGIDENT _ I ~ 104, 000 8 ANY PROPRfEYOR/PARTPIERiL"7fEdITIVE ('~~157a316251 1f30170a9 ` 1t3d~2alo _ '---- goof-o0o I OFFICEP.111EMBER E»LUDEoG~ u ; ' 1;'.L. DISEASE • CA ~MPGOYE ' $ _ ~~ ~ NNr i i II yypa~s tl9x+~Mr ~~ I E.L DIREASE • POLICY UPQR E 10 4 ~ 004 SPEd1AL PROYIStbN ; hebW ~ oTHL'R ~ ~ 1 . j ~ i DE9CRIPTIQN OP pp~ATIpR51 LOCA710MS! 1rpNIC4~ / p(~,y,RISION9 AI7RER BY 6NDaR3Ti li MENT l BP@GAL PNCM118tO~N9 HT'D '~T~~' : JOC ETT~CTR,xCAL I'i'H 1W .: 2A-09/9 etuseTT1E~TCnTL A01T..13ER zS A11TrITSCNAL 23QSttRE'1) : --- --- 0.7E HOLIER CI'aY OH' MxAt~ »FAiCH gLTZZ,DxNG DEPART~~ 1?00 C(7V~'1Tx0av q)~IiT~,'R ilR. IKTAlRI 13SACFI, F!. 3313$ P"A7C 305-6'13-707 $Hauus ANY OP 7NrcAR~-i DE>9CRI9ED Pv~~c:~r-~ ue ~.wmra~~~.. ~~ ••••~OAYA 1M~ DATE THERF.4P. TMC IBAUIMO nv6URER VIELL EIlID9AVWt Ta NtAR.M HOT1~i rD TNO C~TIPIGATE Hal_•D4R NAq~C TO t-IE L~'r, B~ FAILYRE TO 04 >SC MAPGB>= NO pau6AT10N CR LIABB.1~1' aP ANY LUNG YPpN THE IN4URER fr$ AGE AUTNGR~ED RErkt MARTA It[J}3T (ZOU9J09) - _ _-- - _-~ ,_~.. _«..w,I~6svla~d rrtaMfS C>< fT~Tf NfM ,,,,„„~, CERTIFICATE CF INSURANCE a SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAiMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERII~INATED WITHOUT GIVING 1t} DAYS PRIOR WR(1TEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE iBE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT GHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ^ STATE FARM )MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ^ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ^ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of DalMas, Texas ^ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ^ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED INSURED: G ~ R ELECTRIC CORP. ADDRESS OF AIAMED INSURED: 95 W 57Tx ST HIA7.Fn~, FL 33012-2151 POLICY NUMBER 413-2997 340-0197-F20 EFFECTIVE DATE 05/01/09 06/20109 OF POLICY 11/01/09 12/20r 09 DESCRIPTION OF 2006 FORD E250 2001 FORD F550 VEHICLE (Indud~g Vlt+n iFT:dE24W76DB39152 iFDAF57F61EC91632 LIABILITY COVERAGE ®YES ^ NO ®YES ^ NO ^YES ^ NO ^YES ^ NO LIMITS OF LIABILITY a. Bodily injury Each Person Each Accident b. Property Damage ly .Each Accident ~ c. Bodily Injury & Property Damage Single Limit ' Each Accident i,00D.000.00 CSL 1,000.000 .00 CSZ PHYSICAL DAMAGE COVERAGES ®YES ^ NO ®YES ^ NO ^YES ^ NO ~ ~ ^YES ^ NO a. Com rehensive $ 500 Dedud~le $ 500 Deductible $ Deductible f $ Deductible ® YES ^ NO ®YES ^ NO ^YES ^ NO ^YES ^ NO b. Collision $ Deductible $ 5C;0 Dedudibie $ Deductible $ Deductible EMPI,pYERS NON-OWNED CAR uASILITY ca~rERAGE ~ YES ^ NO ®YI=S ^ NQ ; ^YES ^ NO ^YES ^ NO >-TIRED CAR L!ASIUTY _ ~ F;_EET -COVERAGE ruR r,i.i_ uti~DAniD LiCEivSED ;~~TO,. V ~~;~;wl=s n i ^YES ^ NO E ^YES ^ PAC ^ ~'ES ^ ;!„ ^YES i ^ itiC J i i.iC 'A:y ~: ~:......:. _ '- --- - ... v-- u...-.... _~'i; ;~ .. .. _ l~- -L ~_-~- _______ ~ . NtTRi+ij Fitt?~,C'H, w i,. .., i•_.ic-i .._. k'12t.L'tJREi~4):;[3`i' 1JVd5l:iv i~ i tres~w~ 5 i x i t r grtnn ust ONLY: LJ Request permanent Certificate of Insurance for liability coverage. '122425.3 Rev. o7.2s-2005 ®Request Certfica>Je Flolderto be added as an Additional lnsansd.