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JOC Agreement with JCI International, Inc./T 2A- 7~~~aI JOB ORDER CONTRACTING AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AN D JCI INTERNATIONAL, INC. FOR WATERPROOFING/PAINTING PROJECTS FOR THE CITY OF MIAMI BEACH, FLORIDA INVITATION TO BID NO. 26-08/09 Project Manual 00800 CONTRACT CONTRACT ~(~ ~~~ (ham THIS CONTRACT is entered into this ~ day of 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 JCI INTERNATIONAL, INC., 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. 26-08/09 - WATERPROOFING/PAINTING is One Million Dollars ($1,000,000) per term. The Maximum Not To Exceed Contract Value for ITB No. 26-08/09 - WATERPROOFING/PAINTING 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 0 4 0 1 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 4 9 2 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: ~~o ~ o 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: JCI International, Inc. Attn: Julio Martinez 12315 S.W. 132 Court 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 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. Contract ATTEST CITY OF MIAMI BEACH, LORIDA Robert archer, City Clerk Matti Herrera ower, Mayor CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: (Secretary) ..~ ,~, , .; ;~~ ., :~\ti . ~.~„ ~;~ . _- . . ~• C~-~~ater~~al~) :5 . ; .., ~., .~ • . .. , . ;•• . [If not incorporated sign below.] ~ ~ ~: CONTRACTOR V CONTRACTOR/ JCI INTj~RNATIONAL, INC. (Signatuy and i~{ ) _t ~ ~o ~ I~IQ s ~ 1 (Type Name/Title igned Above) -day of ~/=~--r=-~ 2~ c! ~-- WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of , 2p CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~ '1 ity ttorney ate EXHIBIT 6 PERFORMANCE BOND Bond No. 0854 1923 Project Manual 00914 FORM OF PERFORMANCE BOND Form of Performance Bond BY THIS BOND, We JCI Ij~'f'ftRNATTo~,~ zxc. as Fidelity and Deposit Company Principal, hereinafter called CONTRACTOR, and of Maryland 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.: I~ N0. 26-08/09 ,awarded the 16th day of July , 20 09 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 rro. 26-08/09 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: 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 ~' day of ---~ U'~~ , 20 ~`'' Manual (CORPORATE SEAL) IN THE PRESENCE OF: Form of Performance Bond Julio E. Martinez, President (Type Name/Title Signed Above) ~~ day of...1 u~ , 20c~ Fidelity and Deposit Company of Maryland INSUR E COMPANY By Agent and Attorney-in-Fact Charles D. Nielson 8000 Governors Square Boulevard, #101 (Address: Street) Miami Lakes, Florida 33016 (City/State/Zip) Telephone No.: (3os> 722-2663 WITNESSES: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Warren M. ALTER, Mary C. ACEVES, Char ~ d D. NIELSON, all of Miami Lakes, Florida, EACH its true and lawful agent and m C d deliver, for, and on its behalf as surety, and as its act and deed: an fl u e execution of such bonds or undertakings in pursuance of these prese 1 in , as fully and amply, to all intents and purposes, as if they had been d ~ t $ild~a h ularly elected officers of the Company at its office in Baltimore, Md., ' p er ~ p The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° any, and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of April, A.D. 2008. ATTEST: '~~ DEPOS~i 1~ ~~Vi p _ o J ~M ~ ~~ 1 W 4 ~,... State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary ~~ ~ l~ By: Theodore G. Martinez On this 22nd day of April, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .~..,.~. ''~~~~, Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F 031-0022A EXHIBIT 7 PAYMENT BOND Public V1lorks Band Tn compliance with Florida Statutes 265.®5(1}(~~ Bond No.; Contractor: Contractor Address; Contractor Phone No. ; Surety Company; Surety Address: Surety Phone No.; Qwner Name; Owner Address: awner Phone No. ; Contract/Project No.: Project Name: Project Location: Legal Description and Street Address: Description of ytPork: Q854 1923 ~~ ~~ 12315 Southwest 13~"d G®urt Miami, Florida 381.86 (3Q5~ 254-1844 Fidelity and Deposit Company of Maryland i40Q American lane Schaumburgf T(linois 6Q196 The City of Miami Beach i7QQ Convention Center Drive Miami Beach, Florida 33188 (3a5~678-~~84 TTB No. 26-t?8/Qg t~c~te~x~ao~n~~'atr~iir~q Cit~wzde er'c~nstrt~etian .~ervtces - ,~c~b Qr~er Ccancraet Miami Beach, Florida N/A -Throughout the City of Miami Beach Vlfaterprool=ing/Painting project Front Rage All other bond page(s) are deemed subsequent to this page regardless ofi any page number(s) that may be preprinted thereon. Bond No. 0854 1923 Project Manual _ Form of Final Receipt 00915 FORM OF PAYMENT BOND BY THIS BOND, We Jci zN"TTor~al., zxc. as Fidelity and Deposit Company Principal, hereinafter called CONTRACTOR, and of Maryland 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) 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 No.: ITB tom. 26-08/09 ,awarded the 16th day of July , 20 09 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 Project Manual Form of Final Receipt 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 day of- ~L , 20~_ WITNESSES: Julio E. Martinez, President (Type Name/Title Signed Above) Fidelity and Deposit Company of ,Maryland iN THE PRESENCE OF: INSURA COMPANY ~/ By . ;~~G~~ cna A~egt ~ni~ ottorney-in-Fact 8000 Governors Square Boulevard, #101 (Address: Street) Miami Lakes, Florida 33016 (City/State/Zip) Telephone No.: (305) 722-2663 (CORPORATE SEAL) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Warren M. ALTER, Mary C. ACEVES, Char d D. NIELSON, all of Miami Lakes, Florida, EACH its true and lawful agent and m G ' nd deliver, for, and on its behalf as surety, and as its act and deed: an o u e execution of such bonds or undertakings in pursuance of these prese 1 in i , as fully and amply, to all intents and purposes, as if they had been d ~ t a p h ularly elected officers of the Company at its office in Baltimore, Md., ' p er The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° any, and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of April, A.D. 2008. ATTEST: '~V OEPOS~t ~ ~~Ojv ~ _ •e o y CIA W ~ W ~~ 4'Wnl State of Maryland 1 ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~- ~, /~'~ Eric D. Barnes Assistant Secretary ~~ ~ l By: Theodore G. Martinez On this 22nd day of April, A.D. 2048, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o~~sa.+~-d~i ~~ .~..~.. P~~ Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F 031-0022A EXHIBIT 8 INSURANCE CERTIFICATE ACORN, CERTIFICATE OF LIABILITY INSURANCE oiiz~ioo9 PRODUCER (305)822-7800 FAX (305)822-1621 Collinsworth, Alter, Fowler, Dowling & French P. 0. Box 9315 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. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC # MISURED 7CI Internationa , Inc. INSURER A: Amerlsure Mutual Ins Co 23396 12315 SW 132nd Court INSURER e: Mt Hawley Ins. Co Miami, FL 33186 INSURER C: Amerisure Insurance Co 19488 INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , 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. INSR ~~ TYPE OF NISURANCE POLICY NUMBER POLK:Y EFFECi1VE POLK:Y EXPIRATKN ~~ OENERAL LIABILITY GL2016516050008 12/16/2008 12/16/2009 EACH OCCURRENCE $ 1 ~ QDD Q X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50 ~ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 DO A X BLANKET A/I PER ENDT CG7048 PERSONAL&ADVIWURY $ 1000 0 X BLANKET WAIVER PER ENDT CG7049 GENERAL AGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1, OOO, O POLICY X jE a LOC AUTOMOBILE WBILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accdent) ALL OW NED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS ~J , ! 4f BODILY INJURY $ NON-0WNED AUTOS ~ ~ !'~[ /// (Per accident) PROPERTY DAMAGE $ (Per acddent) OARAOE LIABK.RY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG S EXCESS/UMBRELU LIABILm MXL03652 58 12/16/2008 12/16/2009 EACH OCCURRENCE $ Z , OOO, O X OCCUR ~ CLAIMS MADE AGGREGATE $ B /M $ Incl DEDUCTIBLE $ RETENTION $ $ WORKERS COYPENSATKIN AND WC138361400 12/16/2008 12/16/2009 X WC STATU- OTH- ~ C EYPLOYERS' LIABILRY ANY PROPRIETOR/PARTNER/EXECUTIVE ' E.L. EACH ACCIDENT '-'--- $ SOO OO OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ SOO , If es, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500 DO ~D AND RENTED CPP2004975060008 12/16/2008 12/16/2009 LIMIT - 550,000 A QUIPMENT DEDUCTIBLE - 51,000 DESCRIPTION OF OPERATKM~IS /LOCATIONS / VEHK:LES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECAL PROVISIONS id No.: ITB #26-08/09 he City of Miami Beach shall be named as additional insured with respects to general liability hen project is awarded. CFRTIFICATF HAI I]FR ceuecl i eTlnu SHOULD ANY OF THE ABOVE DESCRIBED POLK:IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUMKi INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, c, ty of Miami Beach BUT FAILURE TO MAIL SUCH NOTK:E SHALL gdPOSE NO OBLKiAT10N OR Lu-BILRY 1700 Convention Center Drive OF ANY KWD UPON THE INSURER, RS AGENTS OR REPR ESENTAT I V ES. Miami Beach, FL 33139 _. / AUTHORQEDREPRESENTATrvE / ~ ~ ~J"~'Y // / Richard French SANDYS ACORD 25 (2001/08) ®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) From: 3053866571 Page: 1!4 Date: 7/28!2009 4:51:54 PM S7At~ FARM INSYlANC® FETEIt PII*TTO INSURANCE A.GLNCY INC FACSIMILE TRANSMITTAL SXII3ET TOe FROM: COMPAN'Y': DAT'B~ J C I Tnrrrna_'___„rirn~al ~1VC. 7/?$/~09 BR3G NUMBER: TDTAI. NO. DF PAGES, INCLUDINCr COWER: 305.5.3359 4 PHONE NUMBER: SF1~IbEA'S RaFERENCE NUMBER: 30S?54.1844 RE: 'YOUR REFERENCE NUMBER: CaLy of Mlamt Beach I~ URG$NT ~ FOR TtE`VTE'Ct! Q PLEASE CO1viiI~lEAT1P ^ PLEASE REPLY ©PI.EA,SE RECYCLE N(7T~g/COMMENTS Please feel f~ co canta~t me by eithex phone az ter, if you Nave any questions. 1.5058 SW 56 STREET, MIAMI, FL 33185 ~~ OFFICE: 305.386.7170 FAX 305.386.7170 ,~ESSICA(cr FETERFINTp.CC~M This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 3053866571 Page: 2!4 Date: 7/28!2009 4:51:55 PM ~..4~..1'A 1 1~ ~v~ ~ R. v~ a~~.7Vfv~~~v` SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GfVING 10 DAYS PRtQR WRITTEN NOTICE TQ THE CERTIFICATE IiQI..DER NAMED BELOW, 8UT IN NO EVENT SHALL THIS CERTIFICATE 13l~ VALID MQRIr THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OP INSURANCE laOl9.S NOT CHANCE THE COVERAGE PROVIDED BY ANY POLICY D!~SCRIBED Blwl_OW. This certi#ies that: ®STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, pr ~]] STATE !"ARM FIRE AND CASUALTY COMPANY a/Bloomington, Illinois has coverage in forte far the following Named Insured as shown bebw Named Insured JCI INTERNATIONAL, INC. Address of Named Insui+ad 1239 5 SW 132"r' CT MIAMI, FL 33986 POLICY NUMBER X085 D95T08$ Of$7Y02 0187203 EFFECTIVE GATE OF 081f5109-12l15i109 0$11510$-12115109 OAI291Q9.10f~109 OAlZ9l09 -10129109 POLICY 99 FORD 99FORD OD FORK 00 FORD DESCRIPT1pitIOF iFTRXiTWBXNAt;475P 1Fi'RX17iMlXNA38$23 iFTZF97Z3YNA14850 1FFZF1T2$YNA1~t794 VEHICLE PREtNWM 5120.19 PRENMU$I 5793.898 PREMIUIN 1909.45 PRF.~IHYI 5983.39 LU4BItJTY COVERAGE YES NO YES NO YES NO Y5S NO LIMITS OE LIABILffY e. t3otlily lnlury 11,000,000,00 17,000,000.00 $1,000,000.00 11,000,000.00 Each Person a. tBodilyy Injury 11,000,000.00 1'1,000,000.00 11,0100,000.00 11,000,000.00 Each AppdisAt 6. Property Damage x1,000,000.00 11,000,000.00 $7,000,000.00 #1,000,000.00 c. Bodily Injury & Property Single Limit Each Acadant PHYSICAL DAMAGE YES NO YES NO ES NO _ YES NO COVERAGES ,pQ pedUdible S~.QO Deduc~hle 3500.00 Deductible 00.00 Deduciible a. reherrsive YES NO YES NO YES Nd YE5 NO 4. Collision $500.00 Deductible $500.00 Deducible X500 OD Deductible Deduciible EMPLOYER'S NON-0WNERSHIP ®YES ONO ®YES ENO ®YF~ (ENO ®YES ~NO COVERAGE HIRED CAR C4 YES NO YE5 NO YES NQ S NO l i~ ~~ ~/ . Signature of Authorized Name and Address of Carbficate Holder AGENT __ Title 2641 Agent's Code Number 07/2S/09 City of Miami Beach 1700 Convention Center Clr Miami Beach, FL 33739 Name and Adtlri3ss of Agent Date P J P#NTO INSURANCE AGENCY 15058 SW 56 5T MIAMI, FL. 33185 ~/ ~ ~ ~` ~.. _ , ..~_ .~ _.____.T_.~. Check if a permaner>t Certificate of lnsurant~ for liab#lity coverage is needed: ~ Check If the Certificate Holder should be added as Ian Additional Insured. ~ Remarks: 158-4430.2 Rev. 8-64 prirKed in U.SA This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 3053866571 Page: 3/4 Date: 7/28/2009 4:51:55 PM vrrn ~ rrwr+: ` yr m~avnr~+w~ SUCH INSURANCE AS RESPECTS TFtE 1NTERE'$T OF THE CERTIFICATE H04DER WIt,L NOT BE CANCELEp pR OTHERWISE TERMINATED WITHOUT GIVING 1p DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELI)1111, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 3p DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE Dt~ NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ~ STATt= FARM MUTUAL AUTOtiAOBILE INSUWtiNCE COMPANY of Bloomington, Illinois, ar ~ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Ipingi$ has coverage in force for the following Named Insured as shown belpw Named Insured JCI INTERNATIONAL, INC. Address of Named Insured 12315 SW 132r`D C'~ MIAMI, FL 331$8 PQLICY NUMBER tllil37,i19 EFF£GTI1/E PATE OF 7010:i/~1W01i109 POLICY ENOL DESCRIPTION OF v~HlcLe LIABILITY COVERAGE YES Nt7 YES NP Y€S N4 YE5 NO LIMITS OF LIABILITY a. Bodily Injury $7,pp0,p00.p0 Each Person a. Bodiitr Injury ~f,ppp,ppp.pp F_ach Aapdant b• Property Damage fl,tlpp,pll0.dp C. Bcdily injury & Property Damage Single Limit t_act- Aoadent PHYSICAL DAMAGE ^YFrS NO YES ^NO YES NO YES NO ccw~RAGES Dedudibl® Deductible Deductible Gedudible a. Com renertsive ,_„_ YES NO YFS NO YES NO YES NO b. Collision Deductible Deductible ~ Qedudible Deductible EMPLOYER'S NON-0WN€F25HIP ®YES ^NO C1~s QNO CIYES ^NO ^YE5 ^NO COVERAGE HIRED CAFt C €FtA AYES ^NO YES NO YES Nt7 YE5 NO ~~ e ., ~ .m_XN~ er~~~rr ~ru, n-rr~~~na Signature of Authorized R resen Iva Tide Agent's Code Number bate ~„ Name and Address of Certificats Holder ~ ~ Name and Address of Agent ~ City of Miami Beach P J PINTO INSURANCE AGENCY 1700 Convention Center Dr 15058 SW 58 ST Miarni,FL 33139 II MIAMI, FL. 33185 1 Check if a permanent Certificate of Insurance for liability cpven~ge is needed: ® ~~ Check lF the Certificate Haider should be added as an Additional Insured: Remarks: - ~ S~-,430.2 #tav. 8-84 PgrkfaC 1n U.S.A. This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: 3053866571 Page: 4!4 Date: 7!28!2009 4:51:55 PM 4GR 11f It~rM i r,. V~ I>•~V(~MI~/vF SUCH INSURANCE A$ RESpECT3 THE INTEREST OF THE CERTIFICATE HOLDER WILL NOr SE CANCELED OR OTHERWISE TERMINATED WITHOUT C3lV'ING 10 DAYS f?RtOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO DOtl:8 NOT HANGE THE COHBRAGE a DED BY ANY POUCY$DESCRIBED BE Q ~N. THI$ CER17FICA1'~ QF INSURANCE rnig certifies that: ®$TATE FARM Mt1TUAL AIJ'I'pAApBtLE INSURANCE COMPANY Of tilbbmingtpn, giirlois, or © STATE FARM FIRE AND CASUALTY COMPANY bf 9lnbmktgton, Illinois has oaverage in force far the fallowing Named Insured as shown below : Named Insur®d JCI INTERNATIONAL, INC. Address of Named Insured 1231 S SW 132N° G7 MIAMI, FL 33186 POLICY NUMaER 0274774 2425847 2491373 ~~ EFFECTIVE DATE pF 071Z8l09.04128M0 ~4i09 - 08!24109 041D712009.10f021Z009 Ogrjp12009.011l1412009 PpLICY 07 t;#lEIIROLET 95 GMC 02 JEtp OS.JEEP DESCRIPTION OF 2GCEC13J971'$9572s~ 2GTF1(Z9K!iS1514t395 1,I'IGX56S12C168254 1.IAItS58tiIS8C94:i328 VEFIICLE PREMIUBI 51$.82 PREIAajM 5302.71 PREMIUf# 5882.01 PREI~M Ii960.tf1 LWBILI'F'Y COVERAGE ES NO YES Np YE$ NQ YES ^NO LIMITS pF LIA$ILrrY a. Bodily Injury 14,000,000,00 '1,000,000.00 51,000,000.00 51,000,000.00 Each Person a. Bodily Injury 51,000,000.00 11,000,000.00 j1,000,000.00 $1,000,000.00 SeCh Acctiriderrt p. Property Damage 11,000,000.00 51,000,0'00.00 51,000,000.00 51,000,000.00 a Bodily Irryury b Property Damage Singie Limit Each Accident PHYSICAL E]AMAGE YES NO YES Np YE$ NO YES NO Cove=RAr;~s s~oo.oo Deductible Deductit~le .oa Deductible 55o0.U0 Deductible a. Gom rehenshre YES NO YES NO YES NO YES NO tr. Collisior+ X00 peduCttble Deductible 0.00 Deductible 1,500.OQ Deductible EMPLOYER'S NpN-0WNERSHIP ~IYES ^NO YES (~Np AYES []NO AYES CINp COVERAGE HIRED CAR C E YES Nb YES NO YES NO YES NC i Signature of Autho ' iv Name and Address cf Certificate Holder ~ Gity of Miami Beech 1700 Convention Center art Miami Beach, FL 33139 At~F_Nl' 2641 07l281p9 Title Agent's Code Number Date Nerve and Address of Agent ~ ~ ~ Peter J Pinto Ins Agency 15058 SW 5t3 S7 MIAMI, FL. 33185 Check if a permanent Certificate of Insurance for liability coverage Is needed: Cfi®dc if the Certificate Wolder should he added as an Additional fnsurBd: B1 Remarks: 768-4430.2 Rev. 9-94 Prkrted fn U.SA This fax was received by GFI FAXmaker fax server. For more information, visit: http:l/www.gfi.com