JOC Agreement Weiss & Woolrich Southern Enterprises, Inc.Project Manual Contract
00800 CONTRACT
CONTRACT
THIS CONTRACT is entered into this ~ day of -~ ! , 2009
(Effective Date), by and between the CITY OF MIAMI BEAC ,apolitical
subdivision of the State of Florida, hereinafter referred to as CITY, and
WEISS & WOOLRICH SOUTHERN ENTERPRISES, INC., hereinafter
referred to as CONTRACTOR.
W ITN 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.
Project Manual
2.3. Liquidated Damages may be applied to individual Job Orders at the
discretion of the CITY. The dollar amount(s) relative to Liquidated
Damages are not intended to be applied as penalties, but rather to be
applied as damages to the CITY for its inability to obtain full beneficial
occupancy and/or use of the Project. Liquidated Damages on construction
projects other than streetscape or utility projects are hereby fixed at
$1,000 per day and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be
sustained by the CITY as a consequence of such delay, and both parties
desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of the CONTRACTOR to
complete the Project on time.
2.3.1 Liquidated Damages relative to a streetscape or utility
project. The additional cost realized by the CITY consists of the
following components:
Additional construction administration by CITY, Program
Manager, and/or Consultant.
Additional resident observation by CITY and/or Program
Manager.
Loss of use of facilities, including, without limitation, loss of
parking revenue, sidewalk cafe fees, etc.
The cost realized by the CITY for extended Project milestone completion
consists of the sum of the Program Management (PM) fee; the City
Construction Management (CM) cost; additional Consultant fees that
would be incurred by the CITY for each day that the Project completion is
delayed; and those costs realized by the CITY for loss of facility use.
It is estimated that the PM component of CITY incurred expense could
reasonably consist of one resident observer ($75 per hour for 8 hours per
day = $600), one Project Coordinator ($125 per hour for 4 hour per day =
$500), and one Project Administrator ($50 per hour for 4 hours per day =
$200). Hence, the estimated PM component of the liquidated damage
value to be used on streetscape or utility projects would be $1,300
per day.
It is estimated that the Construction Management component of CITY
incurred expense would be based on the recognized rate of 4% of total
Project cost. Hence, a $5,000,000 Project that has construction duration of
300 working days would result in a CM cost component of $800 per day.
This value will vary by Project.
Loss of Parking Revenue: If applicable, will be incorporated in the Job
Order/Notice to Proceed.
Contract
2.4. CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under the Job Order or as much thereof as
CITY may, in its sole discretion, deem just and reasonable.
Project Manual
2.5. CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by the CITY in administering the
construction of the Project beyond the completion date specified in the
Notice to Proceed, plus approved time extensions. All such costs shall be
deducted from the monies due CONTRACTOR for performance of Work
under the Job Order by means of unilateral credit change orders issued by
CITY as costs are incurred.
ARTICLE 3
THE CONTRACT SUM AND ADJUSTMENT FACTORS
3.1. The Contract is an indefinite-quantity contract with no minimum values.
The Estimated Contract Term Value for ITB No. 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 foil 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:
0 9 8 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
m99oo
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 5 7 5
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 eamed 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 al! 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 t'tnal 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:
Weiss & Woolrich Southern Enterprises, Inc.
Attn: Henry Gembala
1431 S.W. 30 Avenue
Deerfield Beach, Florida 33442
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
correspondence, conversations, agreements, and understandings
incorporates and includes all prior negotiations,
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.
ATTE T: CITY OF MIAMI BEACH, FLO A
Robert Parcher, City Clerk Matti Her ra Bower, Mayor
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
ATTEST:
Corporate .Seal)
CONTRACTORM/EISS & WOOLRICH
SOUTHERN ENTERPRISES, INC.
(Signature and Title)
~67.
(Ty e N e/Title Signed Above)
.~_ day of~~~, 20~
[If not incorporated sign below.]
CONTRACTOR
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 E CUTION
~' i ? Og
it orney~ at
EXHIBIT 6
PERFORMANCE BOND
Safeco Insurance Company of America
PERFORMANCE BOND
Bond Number: 6622574-0023
KNOW ALL MEN BY THESE PRESENTS; That Weiss & Woolrich Southern Enterprises, Inc., 1431 Southwest 30`"
Avenue, Deerfield Beach, FL 33442
(hereinafter called the Principal), and Safeco Insurnace Company of America, a corporation of Washington (hereinafter
called the Surety), are held and firmly bound unto City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL
33139
(hereinafter called the Obligee), in the full and just sum of Five Hundred Thouand and 00/100 Dollars ($500,000.00)
to the payment of which sum, well and truly be made, the Principal and Surety bind themselves, and each of their heirs,
administrators, executors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated July 15. 2009 entered into a contract with the owner for
Roofing City Wide Construction Services
for a period of 1 mar plus four additional one-year renewal options year(s) which contract is hereby referred to and made
a part of hereof.
WHEREAS, the Obligee has agreed to accept a bond guaranteeing the performance of said contract for a period of one
year.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the Principal shall well and
truly perform each and every obligation in said contract at the time and in the manner specified during the term of this
bond, and shall reimburse said Obligee alt loss and damage which said Obligee may sustain by reason of failure or default
on the part of said Principal, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, That this bond is subject to the following conditions:
1. This bond is for the term beginning Julv 28.2009 and ending July 28. 2010
2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety
shall be liable only for the loss to the Obligee due to actual excess costs of performance which occurred during the
effective period of the bond, up to the maximum penalty of this bond.
3. No claim, action, suit, or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless same be brought or instituted upon the Surety within one year from termination or expiration of
the bond term.
4. Neither non-renewal or cancellation by the Surety, nor failure, nor inability of the Principal to file a replacement bond
shall constitute loss to the Obligee recoverable under this bond.
5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the
Surety.
6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee
named herein or the heirs, executors, administrators or successors of the Obligee.
7. This bond may be canceled by the Surety at any time provided notice is sent to the Obligee by Certified Mail at least
sixty (60) days prior to the effective date of such cancellation.
Signed and sealed this 28TH day of JULY 2009
WEIS O H SOUTEHRN ENTERPRIS l^ n ,,, 1 ^ R' ,,,~
BY~ 'Wlit~ lness , ~v
ENa ~c.M3A l.A~ ~ ~Es 1 lac 7
S CO IN NCE OMPANY OF MERICA .~f2 ~j'
C~-G1 ~~~''~ //~~~~
N O LAS B HAM, ATTO NEY-IN-FACT Witness: Keicha Smith
Liberty
Mutual,:
Liberty Mutual Surety
1001 4th Avertue, Suite 1700
Seattle, WA 98154
PAYMENT BOND
BOND NO. 6622574-0023
KNOW ALL BY THESE PRESENTS, Tha[ we,
Weiss &Woolrich Southern Enterprises, Inc., 1431 Southwest 30th Avenue, Deerfield Beach, FL 33442
(Here insert the name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and Safeco Insurance Company of America , a WA Corporation,
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Miami, 1700 Convention Center Drive, Miami Beach, FL 33139
(Here insert the name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as herein defined, in the amount of Five Hundred Thousand Dollars And
Zero Cents Dollars ($ 500,000.00 ),
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, Principal has by written agreement dated July 15 2009 entered into a contract with Owner for
Roofing City Wide Construction Services
in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall promptly make payment to all Claimants as
hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or
reasonably required for use in the performance of the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not been
paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed,
or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or
sums as may be justly due Claimant, and have execution thereon.
3. No suit or action shall be commenced hereunder by any Claimant.
a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given notice to any two of the following: The Principal, the
Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last of
the materials for which said claim is made.
b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract. If the provisions of this paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.
Signed and sealed this 28th day of July 2009
Weiss &Woolrich Southern Enterprises, Inc.
Principal
-~~Gh
SEAL Safe suran ompan f Ameri
a~ 1953 ,~- By -
''~Oi IVA n Dougl s Burnh Attorney-in-Fact
S-4174/SA 2/98
XDP
,,
Li~~~.~.t~,
fl~uiual
Safeco Insurance Company of America
General Insurance Company of America
POWER 1001 4th Avenue
OF ATTORNEY suite t7oo
Seattle, WA 98154
~ 12665
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
****"******R. B. BOBO; JON DOUGLAS BURNHAM; SHONA D. HOLMES; ANGELA P. HYLE; TIMOTHY F. KELLY;
JOHN A MARTINEZ; FLORENCE MCCLELLAN; MARY PIERSON; Houston, Texas*********************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the rospeclive company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21st
March 2009
day of _
Dexter R. Legg, Secretary Timothy A. Mikolajewskl~Vlce President
CERTIFIGATE
Extract frorrt the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13, -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed For that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall hot be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certirying officer maybe by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-laws and of a Resolution of the Board of Directors of these
corporations, and of a Power o(Attorney issued pursuant thereto, are true and correct, and that both the ey-Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 28th
~,
. ~~cv~~'
~ SEAL ~ CoFtPOR~'E
~ ~ ~ SEAL
1953 ~/ ra~~
S-0974/OS 3109
day of
July
~~ ~~ ~~
Dexter R. Legg, Secretary
2009
WEB POF
EXHIBIT 7
PAYMENT BOND
~`
SURETY RIDER
Safeco Insurance Companies
Safeco Plaza
Seattle, WA 96185
To be attached to and form a part of
Bond No. 6622574-0023
Type of
Bond: Payment Bond
dated July 28, 2009
effective
(MON"rl~-DAY-YEAR)
executed b Weiss &Woolrich Southern Enterprises, Inc.
y , as Principal,
(PRINCIPAL)
and by Safeco Insurance Company of America ,asSurery,
in favor of City of Miami
{OBLIGEE)
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to chaztging
The Following is hereby added:
WHEREAS, the Principal has by written agreement dated July 15, 2009 entered into a contract with the owner for
Roofing City Wide Construction Services
for a period of 1 year plus for additional one-year renewal options year(s) which contract is hereby referred t0 and made a part of hereof.
PROVIDED, HOWEVER, That this bond is subject to the following conditions:
1. This bond is for the term beginning July 28, 2009 and ending July 28. 2010
2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety shall be liable only for the loss to the Obligee due to
actual excess costs of performance which occurred during the effective period of the bond, up to the maximum penalty of this bond.
3. No claim, action, suit, or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on Nis instrument unless same be brought or
instituted upon the Surety within one year from termination or expiration of the bond tens.
4. Neither non-renewal or cancellation by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss to the Obligee recoverable
under this bond.
5. The bond may be extended for additional terms at the option of the Surety, by continuation certificate executed by the Surety.
6. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or
successors of the Obligee.
7. This bond may be canceled by the Surety at any time provided notice is sent to the Obligee by Certifed Mail at least sixty (60) days prior to the effective date of such
cancellation.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider
is effective
lMON'1'H-DAY-YEAR)
Signed and Sealed July 28, 2009
(MOIJTII-DAY-YEAR) ~.
Weiss &Woolrich Southern Enterprises, Inc.
(PRINCIPAL)
Saf
By:
S}+AL
~~~~
S-0443!SA 8108 Safeco and the Safeco logo are registered trademarks of Safeco Corporation
XDP
~I~)C'i"~;' POWER
JVILI~:C1~'iI OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
Safeco Insurance Company of America
General tnsurance Company of America
1001 4th Avenue
suite 1700
Seattle, WA 98154
No 12665
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
***********R. B. BOBO; JON DOUGLAS BURNHAM; SHONA D. HOLMES; ANGELA P, HYLE; TIMOTHY F. KELLY;
JOHN A MARTINEZ; FLORENCE MCCLELLAN; MARY PIERSON; Houston, Texas*********************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21st March 2009
day of -
Dexter R. Legq, Secretary Timothy A. Mikolajewski Vice President
CERTIFICATE ....
Extract frorn the By-laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not bo necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO fNSURANCE COMPANY OF AMERICA
and of GENERAL tNSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the Bylaws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full Force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg ,Secretary of 5AFEC0 INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power o(Attorney issued pursuant thereto, are true and correct, and that both the ey-Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 28th day of July 2009 ,
~~ ~r ~~
Dexter R. Legg, Secretary
S-0974IDS 3/09 WEB PDF
EXHIBIT8
INSURANCE CERTIFICATE
ACORD
CERTIFICATE OF LIABILITY INSURANCE Y~)
DA
,M
2/28/2010 7/22/2009
PRODUCER LOCKTON COMPANIES, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
5847 SAN FELIPE, SUITE 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOUSTON TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
866
3538
260
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
-
-
INSURERS AFFORDING COVERAGE NAIC #
INSURED MISS & WOOLRICH INSURER A: ATCh ITISI1TaTICO COIn 817 11150
1301728 SOUTHERN ENTERPRISES, INC. INSURER e: Illinois National Insurance Com any 23817
1431 S.W. 30TH AVENUE
DEERFIELD BEACH FL 33442 INSURER C:
INSURER D:
INSURER E:
COVERAGES WEIW002 AR ur try3uryNry Vt YUES ry01 GVryafITUTEA CONTRACT BETWEEN THE ISSUING
...__.__.. _ ..._..._...___ .._...~...-......... ............... ~.. ...... ,..~ ..~,. ,.~ .,..., ~ r...w~,..
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR D'
NSR
TYPE OF INSURANCE
POLICY NUMBER POLICY EFFECTIVE
DATE MM/DD/YY POLICY EXPIRATION
DATE MM/DD/Y7'
LIMITS
GENERAL LIABILITY EACH OCCURRENCE 2 000 000
A X COMMERCIAL GENERAL LIABILITY 41PKG2244100 2/28/2009 2/28/20]0 DAMAGE TO RENTED
PR M a occurenc
$ 1,000,000
CLAIMS MADE a OCCUR MED EXP (Any one person) $ 10,000
X XCU INCL/BRD FM PROP PERSONAL 8 ADV INJURY $ 1,000,000
X POL.AGG. $20,000,000 GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 4,000,000
POLICY X ECT X LOC
AU TOMOBILE LIABILITY
A
X
ANY AUTO
41 PKG2244100 (AOS)
2/28/2009
2/28/2010 COMBINED SINGLE LIMIT
(Ea accident)
$ 2,000,000
A X ALL OWNED AUTOS 4]CAB2244200
MA
(
) i 2/28/2009 2/28/2010 gODILY INJURY
$ XXh'7
7DCXX
SCHEDULED AUTOS (Per person)
.
X
X HIRED AUTOS
NON-OWNED AUTOS ////
~ / /7
7
/~ /~'j~
~ / BODILY INJURY
(Per accident)
$ ~XXXXX
X AUTO PHYSICAL DAMAG G
~
X
DEDlCOLL $100,000 PROPERTY DAMAGE
(Per accident)
$ XX}'JiCXX
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ }~XXXJ{}(X
ANY AUTO NOT APPLICABLE EA ACC $ X}{}~
OTHER THAN X}O{
AUTO ONLY: AGG $ }O{};}{},}{J{
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5.000.000
B X OCCUR ~ CLAIMS MADE BE 4891162 2/28/2009 2/28/2010 AGGREGATE $ 5 000 000
UMBRELLA $ XX%~XXX
DEDUCTIBLE FORM $ XXXXXXX
X RETENTION $ 10,000 $ XXXXXXX
A WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY 41 WCI2244000 2/28/2009 2/28/2010 X 7W RY L M TS ER
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 1,000.000
OFFICERIMEMBER EXCLUDED?
NO
If yes
describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000
,
SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CANCELLATION: 30 DAYS AS NOTED BELOW EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. BLANKET WAIVER OF SUBROGATION 1S GRANTED iN FAVOR OF
CERTIF]CATE HOLDER ON ALL POLICIES WHERE REQUIRED BY WRITTEN CONTRACT WHERE PERMISSIBLE Bl' LAW. CERTIFICATE HOLDER 1S NAMED AS
AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE REQUIRED BY WRITTEN CONTRACT. RE: JOB: ITB NO. 27-08/09 ROOFING CITY WIDE
CONSTRUCTION SERVICES. ADDITIONAL INSURED IN FAVOR OF THE CITY OF MIAMI BEACH (ON ALL POLICIES EXCEPT WORKERS' COMPENSATION/EL)
WHERE REQUIRED BT WRITTEN CONTRACT.
10604516
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF MIAMI BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
PROCUREMENT DIVISION NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1700 CONVENTION CENTER DRIVE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
MIAMI BEACH FL 33139 REPRESENTATIVES.
AUTHORIZED REPR SENTATIVE
- ~'~.
ACORD 25 (2001/08) For questions regarding thla cartMlcate, contact the number hated in the'Produeer'section above and specify the client code'WEIW002'. G ACO CORPORATION 1988