JOC Agreement with Harbour Construction, Inc./Z o"f~- 7/rs/°
JOB ORDER CONTRACTING AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
HARBOUR CONSTRUCTION, INC.
FOR
VERTICAL CONSTRUCTION PROJECTS FOR
THE CITY OF MIAMI BEACH, FLORIDA
INVITATION TO BID NO. 22-08/09
Project Manual
00800 CONTRACT
CONTRACT
THIS CONTRACT is entered into this ~ ~ day of -~ rr ~-, 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
HARBOUR CONSTRUCTION, 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.
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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.
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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. CITY shall pay to CONTRACTOR for the performance of the Work
described in the Contract Documents. The contract is an indefinite-
quantity contract with no minimum values. The Estimated Contract Term
Value for ITB No. 22-08/09 - VERTICAL is Five Million Dollars
($5,000,000) per term. The Maximum Not To Exceed Contract Value for
ITB No. 22-08/09 - VERTICAL 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 Workinq 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 3 4 1
3.2.2. Other Than Normal Workinq 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 8 7~
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 3 9 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.
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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.
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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
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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:
Harbour Construction, Inc.
Attn: Guy Lesseur
407 N.W. 10th Terrace
Hallandale, Florida 33009
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.
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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.
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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.
ATT ST: CITY OF MIAMI BEAC , FLO IDA
~ ~~~.
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.]
A TTC QT.
Corporate Seal)
[If not incorporated sign below.]
CONTRACTOR
~UI ~~7 ~~hS% c~ ;~'' //n~
t ~ ~ q` .
CONTRACTORJHARBOUR
CONSTRUCTION, INC.
By i/~~' ~~~~ ~r~SiG~-e•~C~
(Signature and Title)
Rona~~ I oh~~
(Type Name/Title S gned Above)
i I day of~~, 20 U~'
WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above)
day of , 20
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR
DISTRIBUTION. APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
i1 Oq
C ttorney ~ ate
EXHIBIT 6
PERFORMANCE BOND
Project Manual Form of Performance Bond
X0914 FORM OF PERFORMANCE BOND Bond No.: 1034227
BY THIS BOND, We Harbour Construction, Inc. as
Principal, hereinafter called CONTRACTOR., and Lexon Insurance Company 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; -a+~
#er-F~99~FPt~ 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.: 22-08/09 ,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 22-08/08 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 lasses, 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
24th
day of ~u~Y , 20 os
Project Manual Form of Performance Bond
Harbour Construction, Inc.
Name of Corporation)
By chi--- ~/-21~~
(Signature and Title)
(CORPORATE SEAL) '
(Type NamelTitle Signed Above)
24th day of July , 20 09
IN THE PRESENCE OF: INSURAD~1!~E
By
/ Agent acid Attorney=in-^a
P. Harney, Non-Resident FL. Lice e # E081024
~-x(919 Highland Avenue, Building A
(Address: Street) ~~
Lombard, IL 60148
(City/State/Zip)
Telephone NO.: 630-495-9380
EXHIBIT 7
PAYMENT BOND
Project Manual Form of Final Receipt
00915 FORM OF PAYMENT BOND Bond No.: 1034227
BY THIS BOND, We Harbour Construction, Inc. as
Principal, hereinafter called CONTRACTOR, and Lexon Insurance Company 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, afl-ir~ia•I
1 f /
t f
f t f
/ f
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.: 22-0809 ,awarded the 16th day of duly , 20 Os 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 far 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 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 any--~ealed this 24th day of Juiy , 20 09
_ _ Harbour Construction, Inc.
I ~ Name of Corporation)
retary) (Signature and Title)
(CORPORATE SEAL)
IN THE PRESENCE OF:
~ 4~~ ~~/w ~~S
~ l
(Type Name/Title Signed Above)
INSU N E COMP N
Lexon rance m
By _
Agent and ttorney-in-Fact
Jo P. Hamey, Non-Resident Florida Lic n E081024
1919 Hiohland Avenue
(Address: Street)
Lombard, IL 60148-4955
(City/StateJZip)
Telephone No.: f630) 495-9380
State of Illinois
County of Cook
On this 24th day of July 2009, before me personally appeared
John P. Harney ,known to me to be the Attorney-in-fact of
Lexon Insurance Company ,the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the
aforesaid county, the day and year in this certificate first above written.
OFFICIAL SEAL
JUDITH A MCGOOGAN
~~ ~'~~' ~~~ ~ X013 (Notary ubl c)
MY COMMISSION E~iRES:O®HN1~
(Seal)
POWER OF ATTORNEY LX - 5 2 8 7 6
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Dorothy J. Fox, Jacquelyn M. Norstrom, Judith A. McGoogan,
Joseph J. Zahn, Josefina Cervantes, John P. Harney
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
~RANCF LEXON INSURANCE COMPANY
\~g •,•.......,, •• •CO
A y
_• TEXAS • S D /~~~v/ 1 ~~
X~• INSURANCE 1
Wj ~•• COMPANY ~'~ BY
David E. Campbell
••••• President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this ~ Day , 20
'•. O
.?.~',~ ANCFCI
TEXAS
INSURANCE ~ z
COMPANY ~
il/1
Donald D. Buchanan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
"OFFICIAL SEAL"
MAUREEN K. A'YE
Notary Public, State of Illinois
My Commission Expires 09/21/69
LX1
EXHIBIT 8
INSURANCE CERTIFICATE
rJ; 1.311 LCJYJ'~ 1 b:.~t3 '~~4~iDbLLD1 I-IfiKt]UUK LsUIYJ I KUI~ I lUIV r'f-1Ut YJL
Ciient#: 76394 - --
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~1 ~M C~F~.Ti~1~AT~ C~~ LIABI
PRODUCER
Canstructlan - R$msgi Teem
Nl~,sirovlr insurance Service
321 N. Clerk Strut
Chicago, IL 60654
INSURED
Warbaur Construction, InG.
407 NW 90th Terrace
Waliandeie, FL 33009
yARBCaIUs
L~TY ~NSURAw~~ ~7
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THIS CERTIFICATE IS~ 19SUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICAtE
HOLDER. THIS CERTIFICATE 1?OES NOT AMEND, IEXTENG OR
ALTER THf: COVERAGE AFFORI3£D DY THE POLICIES BELOW.
INSURERS AFFORDING CDVERAGI: NAIL #
nvsufiERA; American Safety Risk Retention
INSURER e; Progressive Fxpn3ss ins. Gompan 10193
INSURER C.
INSURER D:
INSURER E.
TWE POLICIES OF INSURANCE LISTED BELOW HAVE l1EEN ISSUEr~ TO THE INSUREO NAMEd ABQVE FOR THE pOLiCY PF,.FtIOD INO}CATEd, NCITWITHSTANDING
ANY REQUIREMENT, T[RM OR ODNDITION OF ANY CONTRACT OR OTH~t dOCUMENT WITH RESPECT TO WHICH THI5 CERTIFICATE MAY SE ISSUED DR
MAY P1=F27AIN. THE INSURANCE AFFDR~ED QY TH£ POLICIES DESCRI9Eb HEREIN IS SUBJECT TO All, THE TERMS, EXCLl1SION$ AND CONDITIONS OF SUCH
POLICIES. AGGftEGATC 1,1MIT5 SHOWN MAY WAVE C~EN REDUCED BY PAID C.L AEM3.
TYPE OP INSURANCE
TR
POLICY NUiABER
EFF ~ THE
PD1.1 I N
LIAAPfS
GL+NERAL WAg1LITY t*NVO192740902 Odf2ilO9 O4f25' !10 EACH OCCURRENCE ~1 OOD..QOO
/4
~(
OMMERCUALGENERALLIABILI'f"/
f; DAMAI,E Td RiwNTED s5o oaa
,
CLAIMS MADE ~ OCCUR MED EXP {Any one parstfn) $5 OOO
)( Contractors PERSONAL $ ADV INJURY s1 000 000
7C Pallu iGrT Liability GENERAL AGGREGATE 32 DOO OOU
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AG4 SZ OOO QOO
)( Pf]LICV P I•QC
R AuTDM091LE uABILTI"Y 057423111 0412T/D9 04/27/10 caM91NED SINGLE LIMrr 11 000 000
ANY AUTO (Ee ealtlentl t ~
.ALL pWNFD AUTOS BODILY INJURY ~
x 3GHEQULEP AUTDS / (Par persanf
/
~
)C FARED Autds ~ ~ ~ ~ BODILY INJURY
S
X NON•OWNEP AUTOS r ~ scddent)
~
~~' I~ PRbpERTY DAMAGE ~
(Peraaddanq
GARiAtlE LIA8ILRY AUTO ONLY. EA ACCIDENT f
ANY AUTO dTHER THAN EA ACC $
AUTO ONLY: AGG S
EXCESSILIMBRELLA LIA9IUTY EACH OCCURRENCE $
QCCUR ~ CLAIMS MAI}E AGGREGATE ~
DEDUCTIBLE ~
RErENTmN s ~
vrc sraru- vrF,.
WORKERS CCh1pENBATION AND ,
EMPLVYER9' 4AelUTY
E.L. EACFI•ACCIDENr
4
ANY PROpR1ETpR1PARTNERIEXECL111VE _
~•"'~
1CERIMEMBER EXGLUDED'r
O
F
t= E.L. DISEASE - EA Eh~PLOYEE $
y
re
a
8P ' ~+~Ip~+une~r
VISIONS helew
E.L. DISEASE • POLICY LIMrf
A ~HI:R ENV019274t19az n4txs/o9 o4rz511a
Envlronrnental Consultant Plr~lssion Liability Inc[utlad Above
Microbfol+a ical DeCdrltarnination Limped Covers a $t Q00T000 Occur/A r.
GEBGRIPTION OP OPERATIONS f LOCATIONS f VEFIIGLF-S ! EiICLUSIDNS ADDED BY ENDORSEMENT f SPECIAL PROYISION9
Job Contrack ITS Wo. 22-08109. Vertical Citywide Construction Servlclas.l'he folilowing ana Included as
Additianel Insureds oq the General Liability and Autlsrrtobile Policies per written contract: City of Miami
teach.
CERTIFICATE HOLDER CANCELLATION 10 Days fer Non-Payment
SHOUI.o ANY QF THE ABDYE DESGR1tlED PCUCI¢$ 62 CANCELLED BEFORE THE EXPIRATR7A1
City Of Miami Beach DATE THEREOF, THE ISSUING INSURER WILL ENpEAYOR TO MAIL ~ ZA BAYS WRITTEN
1700 Convention Center Drive NOTICE t0 THE CERTIFICATE HOLDER NAMED t0 THE LEFT. Bur FAILURE To DO SO SHALL
Miami, FL 33139 IMPOSE NO OBLIGATION OR LIA6lt,ITYOF ANY KIND UPON rHS=INSURER, ITS AGpdTSOR
REPRES>;NTATNES,
AUTHORG'J2D REPRE3EN~'ATtbE
ACORD 25 (xOQ110B) 1 of 2 #S604152/M604945 K19 +~ ACORD CORPORATION 1988
y y.~~Rwr~ r.~v .. .. v. ...r
~. ' __
!M~'~RTANT
If the certificate holder is an ADDITIONAL 1NStlRED, the pcficy{ies) must be endowed. A statement
on this aertlficat$ does not confer rights to the cert'~'icabe holder in lieu of such endorsement(s).
If SUBROGATION 1S WAIUED, subject to the terms and conditions of the policy, ceRain policies may
require sn endorsement. A statement on thls certificate does not Confer rights to the cartiFicate
holder in lieu of such endorsement(s).
DI~CLAIMf=R
The Certiiftcete of insurance an the reverse side of this farm dt~s not constitute a oonkract betweBn
the issuing insurer(s), authorised representative or producer, and the certi~icake holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACtlltd 25-S (Y001l08~ ~ of 2 #560415~lM6b4~1A5