JOC Agreement with National Roofing of South Floridai
~~A- 7~~~9
JOB ORDER CONTRACTING AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
NATIONAL ROOFING
OF SOUTH FLORIDA, INC.
[~~1
ROOFING PROJECTS FOR
THE CITY OF MIAMI BEACH, FLORIDA
INVITATION TO BID NO.27-08/09
Project Manual
00800 CONTRACT
CONTRACT
THIS CONTRACT is entered into this / S,~' day of S~~ ~ 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
NATIONAL ROOFING OF SOUTH FLORIDA, 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. The Contract is an indefinite-quantity contract with no minimum values.
The Estimated Contract Term Value for ITB No. 27-08/09 -ROOFING is
One Million Dollars ($1,000,000) per term. The Maximum Not To Exceed
Contract Value for ITB No. 27-08/09 -ROOFING 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:
~. 7 9 0 0
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
0 8 3 0 0
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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 0 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:
National Roofing of South Florida, Inc.
Attn: Maise Schreiber
4491 N.E. 6 Terrace
Fort Lauderdale, Florida 33334
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.
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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]
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Contract
IN WITNESS WHEREOF, the parties have set their hands and seals the
day and year first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Ro ert Parcher, City Clerk Matti Herrera Bower, Mayor
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
~~
(Secretary)
Corporate Seal)
[If not incorporated sign below.]
CONTRACTOR
CONTRALTO TIONAL ROOFING
OF SOUTH IDA, INC.
~,~" -
(Signature and Titl
~O~u '~ . CR~..s P ~ 1.10
C C-.O
(Type Name/Title Signed Above)
O °, day of S~iP'CFn~BEh, 20 Q 9
WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above)
day of , 20
CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FAPFROVED AS TO
DISTRIBUTION. FORM & LANGUAGE
& FOR EXECUTION
._ ~` J7 89
' ~ ttorney a
EXHIBIT 6
PERFORMANCE BOND
Bond No. 08962468
Project Manual
Form of Performance Bond
00914 FORM OF PERFORMANCE BOND
BY THIS BOND, We National Roofing South FL Inc. aS
Fidelity and Deposit
Principal, hereinafter called CONTRACTOR, and Company of Maryland as
Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY,
in the amount of ~x~i
~~
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.: 27-08/09 ,awarded the 15th 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 27-08/09 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:
t 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
22nd
day of July ~ 20 09
Project Manual
Form of Performance Bond
WITNESSES:
~~ ~~ i .
(Secretary)
National Roo g South FL I
Name of Co ation
By ~'`d`" /i
(Signature and Title)
(CORPORATE SEAL) Louis T. Crispino/CEO
(Type Name/Title Signed Above)
c`~~~~day of~, 20~
IN THE PRESENCE OF: I ~ RA OM NY
Fid lity D o Co and
By ~-- ._
Agent and Attorney-in-Fact
Deborah B. Brown
3910 Keswick Road, 5th Floor, Chesapeake
(Address: Street) Building
Baltimore, MD 21211
(City/State/Zip)
Telephone No.: 410-366-1000
V
Kent Pagoot , Non Resident Agent
of the State of Florida, License
No. P077210
EXHIBIT 7
PAYMENT BOND
Bond No. 08962468
Manual Form of Final Receipt
00915 FORM OF PAYMENT BOND
BY THIS BOND, We National Roofing South FL Inc. aS
Fidelity and Deposit
Principal, hereinafter called CONTRACTOR, and Comvanv of Maryland as Surety,
are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the
.amount of a~ax'~~aozi~l~Cadia~asxd~t09yfe~c~T~t~tx~Ttt~xarr~~a~a~i~t
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.: 27-08/09... _, awarded the-15th 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
WITNESSES:
22nd
/J/a~E. ~G
(Secretary)
day of July , 2009
National Roofi outh FL nc.
Name of Corp w
By ~-~ /,
(Signature and Tit )
(CORPORATE SEAL) Louis T. Crispino/CEO
(Type Name/Title Signed Above)
IN THE PRESENCE OF: I RA E C MPA
i e ity nd e i C f~ar~ land
By --~_
Agent and Attorney-in-Fact
Deborah B. Brown
3910 Keswick Road, 5th Floor, Chesapeake Building
(Address: Street)
Baltimore, I~ID 21211
(City/State/Zip)
Telephone No.: 410-366-1000
Kent Pagoot A Non Resident Agent
of the St a of Florida, License No. P077210
TOM
Chief F
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NON-RESIDENT ' ~ ~~y!Y ij..._ •~ .~7-
LICENSE ~ ;;,; ,~y~!""' "~'
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by
THEODORE G. MARTINEZ, Vice President, and GREGORY E. ~URRAY,`,As~'s t ~ , ' ursuance of authority
granted by Article Vl, Section 2, of the By-Laws of said Companies, ~~~ n e • side hereof and are
hereby certified to be in full force and effect on the date her m ppoint Deborah B.
BROWN, Michael A. WALTER, Beth K. MC i ~ na M. BETZ, Mary Ann
MARBURY and Kent M. PAGOOT~~~(hC~; M~H ifs true and lawful agent and Attorney-in-
Fact to make, execute, seal d o e , and as its act and deed: any and all bonds and
undertakings, and ~ ° n ~`s-u~c n mgs m pursuance of these presents, shall be as binding upon said
Companies, as fully~i~ tt~~l~~~~ purposes, as if they had been duly executed and acknowledged by the
regularly elected off d~~;y at its office in Baltimore, Md., in their own proper persons. This power of attorney
revokes that issued o of Bradley T. SENN, Deborah B. BROWN, Mary Ann MARBURY, Michael A. WALTER,
Terry D. REYNOLDS, Diana L. PARKER, Kent M. PAGOOTA, dated December 8, 2004.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 28th day of November, A.D. 2007.
ATTEST:
'gyp DfPps~~ C~.
~ }~ro+v ~ ww~
.~..
- ~° 0 86AL
W ~
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4 ~,...
State of Maryland 1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Gregory E. Murray Assistant Secretary
-.~ ~ ~~''
By:
Theodore G. Martinez
On this 28th day of November, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. HURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, 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 Companies aforesaid, and that the seals
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and afExed my Official Seal the day and year first above
written.
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Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
POA-F 025-0010
EXHIBIT 8
INSURANCE CERTIFICATE
ACURD,~ CERTIFICATE OF LIABILITY INSURANCE ~21/2MMn
PRODUCER (954) 943-5050 FAX: (954) 942-6310 THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Frank H. Erman, Inc. HOLDER THIS CERTIFlCATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1314 East Atlantic Blvd.
P. O. Box 1927
Po o Beach FL 33061
INSURERS AFFORDING COVERAGE
NAIC ~
INSURED INSURER A:COAt1nEllltal Casual CO 20443C
any Inc b National
Com
fin
l R
i INSURERB:Amerlcan Guarantee 6 26247
p
g
oo
ona
Nat
th Florida Inc
S
fi INSURERC:American Cas Co Of 20427C
.
ou
ng
Roo
4491 NE 6th Terrace INSURER D:
Oakland Park FL 33334 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
T
INSR DO'L POLK:Y EFFECTIVE POLICY EXPIRATION ~~
TYPE OF INSURANCE POLICY NUMBER O11TE DATE M
H RRENCE S 1 , 000 , 000
GEN
X ERAL LIABILITY
LIABILITY
RA PDARMMGE TO RENTED S - 100 , 000
L
COMMERCIAL GENE
a 2057351460 5~1~2009 5~1~2010 MED EXP one S 10, 000
A X OCCUR
CLAIMS MADE
CONTRACTUAL PE L8 DV INJURY f 1,000,000
BLANKET
PD/RCU N T S 10,000,000
X BROAD FORM
PLIES PER
A
' PR T - MP P A S 2 , 000 , 000
:
P
L AGGREGATE LIMIT
GEN
POLICY X P T LOC
AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT
d : 1 , 000 , 000
X eng
(Ea aca
A ANY AUTO
ALL OWNED AUTOS
2057351474
5/1/2009
$~1~2010
BODILY INJURY
_
(Per Person)
X SCHEDULED AUTOS
HIRED AUTOS
~
BODILY INJURY
3
X " ~) (Per accident)
NON-0WNED AUTOS ^
/~~
" ~
~ PROPERTY DAMAGE $
~ (Per accdent)
U161UTY
GARAGE L AUTO ONLY - EA ACCIDENT 5
. OTHER THAN S
ANY AUTO AUTO ONLY: A S
EXCESS/UMBRELLA LIABILITY R S 10 , 000 ~ 000
UR ~ CLAIMS MADE
X A REGATE S 10, 000, 000
OCC E
B DEDUCTIBLE AUC930386207 5/1/2009 5/1/2010 s
X ET NTI N 0
C WORKERS COMPENSATION AND X STAB - OTH-
EMPLOYERS' LIABILITY
E.L EACH ACCIDENT 50O 000
S ,
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBERExCLUDED? 257351457 5/1/2009 5~1~2O10 E.LDISEASE-EAEMPLOYE S 500,000
If yes, describe under
SPECIAL PR VISIONS below
E.L DISEA E - CY LIMIT 500, 000
S
OTHER
DESCRIPTK)N OF OPERATIONSA.OCATiON3lVEHICLES/EXCLUSK)NS ADDED BY ENDORSEMENT/SPECUIL PROVL4K)NS
Certificate Bolder is an Additional Insured for General Liability per Endt #G-140331-A(01/01) i Additional Insured fo
Auto Liability per Endt #RMC1L0005(O1/9B); 10 Days N.O.C. for non-payment of premium.
rro~ncirwrc un~ nco CANCEL 1 ATIAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Of Miami BeaC.h EXPIRATION DATE THEREOF. THE ISS11111G INSURER WILL ENDEAVOR TO MAIL
1700 Convention Center Drive 3O DAYS WIaTrEN NOTICE T'O THE CERTIFK:ATE HOLDER NAMED TO THE LEFT, BUT
Miami Beach, FL 33139 FAILURE TO DO SO SHALL IMPOSE NO OBLKiAATKNi OR LIABILITY OF ANY KIND UPON THE
INSURE ITS AGENTS OR REPRESENTATIVES.
AUTHORQED REPRESENTATIVE
/
~
~ ~
~
- '~ ~~-• -~ - --
Frank Furman, Jr
DP ~
_
-
-
ACORD 25 (2001108)
IIJCr19R in.no~ no..
®ACORD CORPORATION 7885
Dane 1 M 7