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HomeMy WebLinkAboutPre-LegislationR-17-0591 A RESOLUTION OF THE NIIAVII CITY COMMISSION AUTHORIZING ... Page 1 013 Miami MppIF CwlrN } FL oec 14 S© Ark®�(S 20179:00AM Resolution R-17-0591 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ESTABLISH A PILOT PROGRAM FOR HOLIDAY LANDSCAPE LIGHTING TO ENHANCE SIGNATURE CORRIDORS DURING THE HOLIDAY SEASON BY INSTALLING DECORATIVE LIGHTING ALONG CERTAIN ROADWAYS WITHIN THE CITY OF MIAMI AND ANALYZING THE COSTS OF THE PILOT PROGRAM TO REVIEW FURTHER LOCATIONS FOR INCLUSION IN THE PROGRAM; ALLOCATING FUNDS IN THE AMOUNT OF $55,000.00 FROM ACCOUNT NO. 00001.980000.548000. Information Department: Commissioners and Sponsors: Mayor Francis Suarez, Mayor Commissioner, District Four Manolo Reyes Category: Elected Official Item Attach ments Agenda Summary and Legislation Body/Legislation WHEREAS, the City of Miami ("City") has received numerous requests to enhance certain roadways with holiday landscape lighting including but not limited to Brickell Avenue, Coral Way, United States Route 1 ("US-1"), Martin Luther King Boulevard, and Northwest 17th Avenue, Miami, Florida; and WHEREAS, the City Administration seeks authorization to install holiday landscape lighting on the US-1 corridor, or portions thereof. and the Coral Way corridor, between Southwest 12th Avenue and Southwest 37th Avenue, to gauge public response and analyze costs for the possible expansion to additional roadways in the future ("Pilot Program'); and WHEREAS, the Pilot Program will be executed through the City's existing Citywide Street Lighting Design. Installations, Repairs and Maintenance Contract with funding for the Pilot Program in the amount of $55,000.00 to be allocated from Account No. 00001.980000.548000; and WHEREAS, should the Pilot Program be extended to additional roadways, the City will seek future funding from outside agencies, such as the Florida Department of Transportation ("FDOT" ), to reduce financial impacts to the City; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: http: nliamifl.itlm_'.cum. Citizens,'Dctail LegiFile.aspx?ID=3 362&highlight Perms=holida\ ... 3/6/2018 R-17-059i A RESOLUTION OF THE IMI!AMI CITY CO\I\IISSION AUTHORIZING ... Pi.-te 2 013 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized[1] to establish a Pilot Program for holiday landscape lighting to enhance signature corridors during the holiday season by installing decorative lighting along certain roadways within the City through the City's existing Citywide Street Lighting Design, Installations, Repairs, and Maintenance Contract and analyzing the costs of the Pilot Program to review further locations for inclusion in the program. Section 3. Funding in the amount of $55,000.00 is to be allocated from Account No. 00001.980000.548000. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. [2] [1] The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. [2] If the Mayor does not sign this Resolution, it shall become effective at the end of ten (ID) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution. it shall become effective immediately upon override of the veto by the City Commission. Meeting History Dec 14, 2017 9:00 AM Video City Commission Regular Meeting RESULT: ADOPTED WITH MODIFICATION(S) [UNANIMOUS] MOVER: Joe Carollo, Commissioner, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Joe Carollo, Manolo Reyes Transcript Dec 14, 2017 9:00 AM City Commission Regular Meeting Show prey 60 sec 11:12 AM Hospital. Guess what, miami children's hospital gets money from the red light cameras too. Their lives are going to be impacted. S15 million a year goes to the miami project to cure paralysis for treatment on people who suffers spinal injuries mainly from people who are injured in driving accidents. If that is not enough for you to pass the program, think about all the crimes that have been solved with these cameras. Over 3,000 times the city of miami police had used these cameras to solve crimes, to solve murders, to solve rapists. And that's just a part of the program. You guys have an opportunity to do the right thing. 11:13 AN People losing their lives. Look, are you going to go to the funerals of these families that turn these cameras off? Because if not, someone is going to have to go and apologize for wanting to know why their children are dead. Thank you very much, sir. It is time to do the right thing, okay. Turn the cameras on. Thank you. Keep them on, thank you. Thank you, sir. any other person who would like to speak during public comment? I'm sure no one wants to follow that. The public comment section has ended. Right http:, riamitl.igm2.com. Citizens. Detail_LegiFile.aspx''ID=3362&hi{ghli ii2htTerms=holida).... 3 6 2018 R-17-059I A RESOLUTION OF THE MIIAMI CITY COMMISSION AUTHORIZING ... Paige 3 of 3 now we're on the ca agenda. Things have changed just a little bit, so I want to mention to my dear commissioners, Commissioner Has sat through a meeting. Commissioner Carollo, because you have been here, left here, came back. We handle a lot of our matters at one time. What I will do much like you consider, we do one motion, but we also do one motion many times in our public hearings. And the resolutions. You can bunch up as many items as you want, and we have a discussion about any of the items bunched up in there. It's reducing the amount of time to get through the agenda. It has been working very well. If there is an item, for instance, you want to vote against, just ask one of those items not be bunched into that group. So you are a master of policies and procedures, you understand the pace, in which we'll be trying to get it done. And so what I would like to ask is I hear a motion to approve the ca agenda, but I also with the caveat on ca-16 of the city of miami, when you're coming from miami shores, miami shores, of course, is a beautiful city. It's not very large, but it's beautiful. When you are pushed into the city of miami or corning into the city of miami, many times you are accosted with the appearance of the city. So I would like to ask either there or somewhere along that u. S. -1 corridor be add into the pilot program for the lighting, so that community sees some beautification as well when they approach the city of miami or drive through the city of miami. And so what I would like to ask is for a motion to approve the ca agenda with that included. You are recognized, sir. 11:15 AM Thank you, Mr. Chair. The red button. If I may, Mr. Chair. you're going to have to bear with me today. It's been 16 years. As you said we made some good changes I think in moving the agenda along and I compliment you for that. I know you were a great part of that. At the same time I'm a little older. 11:15 AN I haven't taken my s7-arrt pills today. I ask you a4l to bare w;th ma on the process until we get a hold on this agenda. Commissioner, we get you. Thank you. there might be some items as we move on to go through them as quickly. I'll try to go through them as quickly as I can. You could have some as one bunch, but I might skip some. So if you could bare with me on that. Show next 60 sec http::.''miamiil.igm?.coni,'Citizens,Detail_LegiFile.aspx?1D=3362&highliahtTerms=holiday... 3 6/2018 • ®,•i.4, 1 • 1,14 City of Miami Legislation Resolution: R-13-0497 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-111343 Final Action Dale: 12/12/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 352306. THAT HORSEPOWER ELECTRIC, INC., IS RESPONSIVE TO THE RFP REQUIREMENT. FOR THE PROVISION OF STREET LIGHTING DESIGN, INSTALLATION, REPAIRS AND MAINTENANCE CITYWIDE: AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. WITH HORSEPOWER ELECTRIC, INC., FOR A PERIOD OF FIVE (5) YEARS WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL FIVE (5) YEAR PERIODS, SUBJECT TO THE APPROVAL OF THE CITY COMMISSION; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA. Section 1. The recommendation of the City Manager approving the findings of the Evaluation Committee pursuant to Request for Proposals ("RFP') No. 352306, that Horsepower Electric, Inc., is responsive to the RFP requirements, is accepted, for the provision of street lighting design, installation, repairs and maintenance Citywide. Section 2. The City Manager is authorized{1} to negotiate and execute a Professional Services Agreement, in substantially the attached form, with Horsepower Electric, Inc., for a period of five (5) years with options to renew for two (2) additional five (5) year periods, subject to the approval of the City Commission, with funds allocated from the various sources of funds of the user department, subject to the availability of funds and budgetary approval at the time of need. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: Cin• of .11ii:mi Page 1 of File lei: 13-01343 (1 rsian:31 Printed On: 2/11/21118 File Number: 13-01343 Enactment \ umher: R•13-0ar {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission . City of.4liand page 2af? File Id: 1.341343 ! 3 ervinn:.3l printed On: 2/8, 2t118 DESIGN-BUILD-OPERATE-M_aINTAIN ("DBOM") CONTRACT FOR STREET LIGHTING DESIGN, INSTALLATION, REPAIRS AND MAINTENANCE CITYWIDE; RFP NO.: 352306. 1 This Contract is entered into this1-3 day of r `� , 2014 ("Contract") by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Horsepower Electric, Inc., a Florida corporation ("Contractor"). Please note: the terms Bidder. Proposer, Bidder/Proposer, Successful Bidder:Proposer and Contractor are used interchangeably throughout this Contract and the Attachments hereto to refer to Horsepower Electric, Inc. RECITALS A. The City issued Request for Proposals No. 352306, 1 ("RFP") for the provision of Street Lighting Design, Installation. Repairs and 'Maintenance services citywide, as specified therein, from a source of supply that will give prompt and efficient service fully compliant with the terms, conditions and stiouLtions of the solicitation ("Services') and Contractor's proposal ("Proposal.), in response thereto, has been selected as the most qualified proposal for the provision of the Services. The RFP, as amended. and the Proposal, as supplemented, are sor ctimvs referred to herein, collectively, as the Solicitation Documents, and are, by this reference, incorporated herein and made a part of this Contract. B. The City of Miami Commission (`.Commission"), by Resolution No. R-13-0497, adopted on December 12, 2013, approved the selection of the Contractor and authorized the City Manager to execute a Contract under the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Contractor and the City hereby agree as follows: TERNS 1. RECITALS: The recitals are true and correct and arc hereby incorporated into and made a part of this Contract. 2. PRIMARY CLIENT (FIRST PRIORITY): Contractor hereby agrees that the City shall ne its primary client and, as such, shall be serviced first during any and all scheduling conflicts that may arise between Contractor's ohlit ations, duties and responsibilities under this Contract and its obligations, duties and responsibilities wider any Contract that Contractor may have with anv other city. county or entity to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas at or around the same approximate time. 3. TERM: The term of this Contract shall be for five (5) years with an option to renew for two (2) additional live (5) year periods cotnmencing on the "Effective Date" which shall be when this Contract is fully exacuted. The City and Contractor, upon mutual agreement, shall have the option to extend or terminate this Contract. with or without cause. Continuation of this Contract beyond the initial period shall be a City prerogative and not a right of the Contractor. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 4. OPTIONS TO EXTEND: The City Cotnniission. based on a recommendation by the City Manager, shall have two (2) options to extend the term of this Contract for a period of five (5) years each, subject to (i) continued satisfactory performance and compliance with the spceifieations. terms and conditions established herein; and (ii) the availability and appropriation of Funds. City Commission approval shall not be required as long as tale total extended term does not exceed fifteen (15) years. 7 5. SCOPE OF SERVICES: A. Contractor agrees to provide the Services as specifically d cribed, and under die special terms and conditions set forth in Attachment 'A' hereto, which, by this reference, i3 incorporated herein and made a part or this Coctract. B. Contractor represents and warrants to the City that: (i) it possesses all qualit:cations, licenses and expertise required under the Solicitation Documents for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City. including payment of perrriit fees, occupational licenses, etc., nor in the performance of any oh,igations to the City; (iti) all personnel assigned to perform the Scriices are and shall be, at all times iurine the term hereof, fiilly qualified and trained to perform the tasks assigned to each; and (iv) the Services will be performed in the manner described in Attachn.en, "A". 6. COti1PEtiS.ATION: �. The amount of compensation payable by the City to the Contractor shall be based on the rates and schedul .s described in ;Attachment "B" hereto, Lxhich, by this reference, is incorporated herein and made a part of this Contract, provided, however, that iri no event shall curnulatise cornpersa`ion throughout the five-year contract term exceed Seven Million Five EL ndred Thousand Dollars ($7,500,000.00). The compensation li:.zit of Seven Million Five Hundred Thousand Dollars (7,500,00i1.00) shall apply separately to each attic two, future five- year renewal options, if authorized. such that the total cumulative Contract compensation shall net exceed Twenty -Two Million Five Hundred Thousand Dollars (S32,500,000.00) in the aggregate. B. Unless otherwise specifically provided in Attachment "B.', payment shall be made within thirty (30) days after receipt or Contractor's proper invoice, as that terrn is defined by the 3 Local Gover.iment Prompt Payrn r.r A. t. Section 213.70, et. seq., Florida Statutes, which shall include sufficient sung ortii., documentation and contain sufficient detail to allow a proper audit of expenditures, should the City require one CO he performed. Contractor shall invoice the City on a monthly basis. The hourly rates prescribed by this Contract shall remain fixed and may not be increased without a }Ornial Amendment tc this contract employing the Bartle formalities as were used in its execution. No advance payments ;hail be made at any time. The City will not he liable For payment or any unauthorized or extra c.harae., cost, fee or reimbursable expenses not incurred in compliance with the terms of this Section. The City will nev r be liable to pay any chirze. cost, fec or reimbursable. expenses that exceed the prescribed lump sum tee or the guarant..ed maxirnuia price. 7. CONTRACT :&I)»IINTSTR:+TORS Contractor shill report to and wort: directiy with both N.f . dare. Spartioli, P.E... Director, Department of Capital Improvements and Transportation Pro2,rarn, aid Dr. Nz. ribe Ihekwaba, PhD, P.E.. Director, Department or Public Works, or their designees, wlio are hereby designated as the Contract Administrators. 8. OW' ERSIIIP OF DOCUMENTS: Contractor understands and hereby agrees that any information, document. report or any other material whatsoever which is giaen by the City to Contractor or which is otherwise obtained or prepares! by Contractor pursuant to or under the erns of this Contract is and shall at al; times remain the property of the City. Contractor aurees not to use any such information. document, report or material for any other p.i pose vhatsoe'rer without the written consent ol'the City, which may be withheld or conditioned by tl:c City in its sole and absolute discretion. 9. :IL DIT AND INSPECTION RIGHTS: 4 A. The City may, at reasonable times and for a period of at least five (5) years fo`kr.vim; the date of final payment by the City to the Contractor under this Contract, audit Or cause to be aaditcd those books and records of Contractor which are related to Contractor's perfOrmarcc under this Contract. Contractor agrees to maintain al: such books and records at its principal place of business- for a period of at least five (5) years after final payment is made under this, Contract. All audits shall be subject to and made in accordance with the provisions of Section l S-10)2 of the Cod,; of the City of Miami, Florida ("City Code.'"), as amended or supplemented, from time. to time. B. The City may. a: reasonable times during the term hereof, inspect Contractor's facilities and perform such te.its as the City deems re.asonabiy" necessary to detertminc whether the ggocds or ser, ices required to be provided by the Contractor under this Contract conform to the terns .ns hereof. Contra.: r shall make available to the City all reasonable facilities and assistance to facilitate the performance of testa and or inspections by City representatives. All tins ariLl inspectionsshall be subject to and made. in accordance 1l ith the provisions of Section IS- i 00 and 1 S- 101 of the City Code, as amended or suppletm nted from time to time. 10. A\% ARD OF C O\TR.ACT: Contractor represents and ee arntnts to the City that it has not employed or retained any person or company employed key the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission. percentage. brokerage; fee or gift of any kind continent upon or in connection with the award of this Contract. 11. PUBLIC RECORDS: Contractor understands that, subject to the provisions of Chapter 119 of the Florida Statutes, the public shall have access, at a'.1 reasonable times, to all documents and information pertaining to City contracts. Contractor hereby agrees to allow 5 access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation : (1) 'keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service ; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes. or as otherwise provided by law ; (3) ensure that public records that are exempt or confidential and exempt from disclosure are rot disclosed except as authorized by law; (4) meet all req: r ni nrs for retainini public records and transfer , at no cost, to the City all public records ir. its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements ; (5) Al'. electronically stored pubic records must be provided to the City in a format compatible with the City's information teehnoloily systems. 119, (.0701 Contracts; pubic records, (1) For purposes of this section, the term: (a) "Contractor" means an individual, partnership, corporation. or business entity that enters into a contract for services with a public igc cy and is acting on behalf" of the public agency as prolridea under s. 1 19.01 1(2), (b) "Public agency" means a state, county, district, authority, or municipal officer, or department, division, board. bureau, commission, or other separate unit of government created or establisl•.ed by lawv. 6 (2) In addition. to other contract requirements provided by law., each public aaency cor:rict for services must include a provision that requires the contractor to comply with public records laws. specifically to: (a) keep and maintain public records that ordinarily- and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency Would provide the records and at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law. (c) Ensure that pihlic records that are exerr_pt or confidential and exempt from public records disclosures requirements are not disclosed except is authorized by law, td I :Meet all recrair:'.r'er,ts for retlinina public records an.1 transfer, a: no cast. to the public a_enc`' all pr.l•lac records in possessio = of the contractor upon te:Tai nttiort of the contact and de.strov any duplicate public records that are exempt or cont_dentia: and exempt from public .cords disclosure requirements. Ail records stored electronically niust be provided to the public a'rency in a format that is compatible with the information technology systems of the public a,cncv. (3) if 7 eon: sector dos not eonlply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. Contractor's failure or refusal to comply with the provisions of this section shall result in the Citv's immediate cancellation of this Contract, 12. CO\IPLI.. \C'E WITH FEDERAL, STATE AND LOCAL LAkk S: Contractor understands that Contracts between private entities and local ao,,ernrrnents are s:ihjeet to certain 7 laws, codes, r.: es and regulations, including, without lilt tatitm, laws pertaining to public records, conflict of interest, record l:eepi:tn, etc. The City and the Contractor hereby agree to comply with. and observe all applicable laws, codes and ordinances as they may be amend.:d from time to time. 13. COMMUNTT1- BUSINESS ENTERPRISE ("CSBE") PARTICIPATION: in 'accordance with the req:ti.emer.ts of Section 1 S-S9(e), City Code, the Contractor must comply with the 101:owin` CSBE. carticipatior. r�.gti_rL;ments. All instructions, required :Ohms and oilier information necessary for cotinpiyinil with the CSBE participation requirements are available on the CIP webpat e. a) The Contractor must assi•_:t a minimum or fifteen. percent (I PO of the Contract value :o a respondent or to a construction related eat:erprise currently cortitied by \I:anti-Dad County as a Community Small Business Enterprise (CSBE) as set forth in Sec. 10-3.3.01 and Sec. [ 0-33.02 of the Miami -Dade County Code; b) Five percent !>",ul or the hid amount shall bc, retained by the City fur the CSBE requir::mcnts until said rcquirenients are fulfilled and verified within six (6} months or Contract completion pursuant to Section 1S-S9 of tho City Code. Failure to comply with the CSBE requirements within six (6) months of Contract comp', Lion silali result in the forfeiture of the retained amount to the City. This five percent (5%) r:tainaae is included within the ten percent (10%) retainagc normally withheld by the City; c) The Contractor shall retain the services of an independent third party to verify and certify compliance with these Community Small Business Enterprise ("CSBE") requirements on a quarterly basis in accordance with City Codc Section 1 S-S9. Said tend party shall be unaffiliated with the respondent and be properly licensed under the provisions of Section 4.54. 47€, 473, or CIS[ of the Florida Statutes. The person perforii rg the verifieation shall have a minimum of two (2) years of prior professioca; experience in contracts compliance, auditing, personnel administration, or field experience in payroll. enforcement, or investirra*ive environment. The cost for this verification shall be included in the related contract costs. The following link. is to the Miami -Dade County website where Bidders can view the current listing of certified CSBE contractors by trade. h:.•'h+.w .mi.',rnidade.ttov,business,'retorts-certiilcation-lists.aso 14. LOCAI, WORKFORCE PAR.TECTPATION: in a,:cordanee with the requirements of Section 1.3-89(f , City Code, and, unless disal:o;ved by Florida Statuses, the Contractor must cor:1ply with tile. foilowin, Local Workforce orce Participation requirements. All instructions, required forms and other information necessary for complying with the Local Workforce. Participation requirements are available on the CIP webpa e. a) The CoL.raetor must employ a minimum of fifteen percent (15%) of on -site labor from persons residing within the municipal boundaries (e.g. city limits of the City of Nliarni) of the City. The City residency of the onsite labor component will be subject to verification by the issuing department; b) Five percent (5%) of the bid amount shall be retained by the City as security for the verification of compliance with such requirements Lentil said requirements are Elfil'.ed and verified within six (6) months of Contract completion 9 pursuant to Section 13-89 of the City Code. Failure to comply with the Local Workforce Participation requirements within six (G) Months of Contract completion sna:1 result in the forfeiture of the retained amount to the City; c) The Contractor will be required to hold one (1) job fair within the Iocal community for projects with a bid amount between. S1,000,000 and $2,000,000; d) The Contractor will be required to hold two (2) job fairs within the fecal comet nit) for projects with a bid amount ureatcr than $2,000,000; e) The Contractor shall coordinate job fairs and hiring initiatives with South Florida Workforce; rkforce; f) The Contractor shall retain the service` °Ian independent third party to verify and certify compliance with these Lo.al Worcforcc participation requirements or. a r,Li,trterly basis in accordance with City Cade Section 1 8-8o9. Said third party shall be unaffiliated w ith the. Respondent and be properly licensed under the provisions of Section 454, 471, 473, or 4S1 of the Florida Statutes. The person perfortrine the verification sha.1 have a minimum of two (2) years of prior professional exper:er..:c in contracts compliance, auditing, personnel administration. or field experience in payroll, en.orce.ment. or investigative er irorment. The cost for this verification sha:I be included in the related Contract costs. 15. 1NDENINIFICA1'ION; Contractor shall indemnify, hold harmless and defend the City, its ofltials, officers, agents, directors, and employees, from liabilities. damages, losses, and costs, in clud:n1. but not limited to reasonable attomey's fees. to the extent caused by the neL,liy;.nce, recidessness or intentional wrongful misconduct of Contractor and persons 10 employed or utilized by Contractor in the perfbrmance of this Contraand will indemnify, hold harmless and defend the City, its officials, officers. aaents, directors and employees against, any c:vi. act:ens. statutory or similar claims, injuries or damages arising or resulting from the rentitt.;NI work, ever if it is a1iex.1 that the City. its officials and:or etnployees were. negligent. These indentnifications shall survive the term of this Contract. In the event that any action or proceedin2 is brouaht rt.ctainst City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfacaory to City. The Contractor expressly understaiads and iv2rees that any insurance protection requi:ed by this Contract or otherwise p:ovided by Contractor shall in no way limit the resnon.sibility to indemnify. keep and save harmless and defend the City or its officers, enlployees. aLter.ts and instrumentalities as herein provided. The indemnifiearions provided above shai: obligate Contractor to defend at its own expense to and through appellate, supplemental or bar.kruptcy proceedin2, or to provide for sueh defense. at City's option, any and all claims of and all suits and actions of every name and description which may be brou,..tht against City whether performed by Contractor, or persons employed or utiiized Contracti.m. This indemnity will surrive the cancellation or expiration of the Contract. This ii-idrniit 11 be interpreted under the laws of the State of Florida, including without limitation and Nchich conforms to the limitations of §725.06 and -or §725.03. Fla. Statues, as amended from time to time as applicable. Contractor shall require. all Sub -Contractor Contracts to include a provision that the Sub -Contractor will indemnify the City. The Contractor hereby agrees and recognizes that tht:t City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing. appro%,ing or rejecting any 11 submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any respottsN:ity or liability of th Contractor or Sub -Contractor under this Contract. 16. FAILURE TO PERFORM ' DEFAULT: The City shali be the sole judge or nonperformance under the terms of this Contract, which shall include any faiiure on the part of the Contrueter to furnish required documents. and.'or to fultill any portion of this Contract within the time stipulated. If the City is unable to reach the Contractor or its supervisor for a period of : hours or if the Contractor rails to repair an outagc vvithi:l LH hours o` the discovery and.'or notif cation thereof. the City resetres the rizht to declare the Contractor its default of this Contract nr make appropriate reductions in pa -intent to the Contractor. 'Upon default by the Contractor to meet any term(5) of thi,s Contract, the City will notiry the Contractor of said default(s) and the Cor. racto ' shall have three business (3) days (weekends and holidays exeluded to remedy said d.'.t.t.11t(s). Contractor's failure to correct noticed defaults within the required three business (3) days shall result iri this Corr: aet bei,,a terminated upon the City's written notification to the Contractor of its decision to terminate this Contract and the effective date of the termination. The following shall constitute default; A. .Failure to perfortr. the work- nr deliver the goods,services required under this Contract and or within the time required or failing to use the subcotttractors. entities and personnel as identified and set forth, and to he degree specified in the Contract; B. Failure to bciin the work under this Contract w ithin the time specified. C. Failure. to perform he work with sufficient workers and equipment or with su!' :dent materials to ensure timely completion, 13 1). 1\egl :ctin._z or refusing to remove materials or perform new work where prior work has been re;ected as nonco:a_`orming with the term; of this Contract. E. Becorni:ig insok - nt, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for tine benefit of creditors, if the irsohencv, bankruptcy, or a: si2r.tnert renders the Contractor incapable of performing the work in accordance wit., and as required by this Contract. F. Failure to comp[,, v. ith any of the terms of this Contract in any material respect. All costs and charrres incurred by the City as a result of a default or a default incurred beyond the time lirnits stated, together with the cost of completing the work, shall he deducted from any monies due or vv hieh may become due under this Contract. 1.7. RESOLUTION Of CONTRACT DISPUTES (Sec. 18-1115 of the City of Miami Code): Upon the approval of the City Attorney, the City Manager shall have the authority to reiol-. e controversies between the Contractor and the City which arise in connection with performanceperfOrmance under this Contract, provid;.d, however, that, in cases invo[vuie, an amount greater tl:an $25,000), the City Commission must approve the City NIanagei's decision. Sueh authority extends, without limitation, to controversies based upon reach of Contract, mistake, misrepresentation ter lock of complete performance, and shall be invoked by the City or the Contractor by submission of a protest to the City Manager. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the atition taken by the City Corntissior or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not he entitled to 13 such, judicial relief without first havinz followed the procedure. set forth in Section 18-:C:!5 of the City of Miarni Code. Di. C:ITY'S TERMINATION RIGHTS: A. FOR DEFAULT: If Contractor defaults in its performance under this Contract and does not cure the default(s) within 3 business days after written notice of said defat:lt(s), the Cite NLinagtir may terinirate. this Contract, in whole or in part, upon written Notice of Terr,ina ion without penalty. to the City. In such cvcnt, the Contractor shall be liable for damages incatding the ex.:ess cost of pros firing similar supplies or services: provided that it, (I) it is determined for any reason. that the Contractor was not in default or (2) the Contractor's failure to perform is 4ithout his or his subcontractor's control, fault or re,liaence, the termination will be deemed to be a termination for the convenience of the City ofN[iarni, 13, FOR CONVENIENCE: The City Mara r . may terminate this Contract, in whole. or in part, upon 30 days prier w-ri.tten notice when it is in the best interests of the City. If t:is Contract is for supplies, products, equipment, or software, and so terminated for the conAenience by the City, the Contractor will be compensated in accordance with an agreed upon adjustment o f cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 19. INSURANCE: Contractor shall, at all times during the term hereof, maintain insurance covera e and limits of insurance in accordance with Attachment All such insurance, including re.ncwals, shall he suhject to the aPproval of the City for adequacy of protcctio . and evidence of such covet-: to shall be. furnished to the City on Certificates of Insurance inclcating such insurance to be in force and effect and providin, that it will not he [4 ca:iceled cdu:ing the performance of :he services under this contract without thirty (3r1) calendar days prier writer_ notice to the City. Completed Certificates of Insurance shall be fired with the City prior to the performance of sere, ices hereunder, provided. however, that Contractor shalt' at any time upon request the duplica;.4 copies of the policies of such insurance with the City. If, in he judgment of the City, prevailing conditions warrant the provision by Corflactor Ot 1,rdi'.ior.a; liability insurance coverage or coverage which is different in kind, thi: City reser'ties the. right to require the p:"3visior. by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in require:rents thirty (30) darts prior to the date on w'�z4h the requirements s1iaf1 take effect. Should the Contractor fail or ruseto satisfy the requirement of chan,ed coverage withirl thirty (30} day' Foll.J'.v in, the Citv's w'ritt.n riotice, this Contract shall be considered terminated on ti:e elate that the required .ha nge i-i policy ce%erave woultil otherwise take effect. 20. NON-DISCRIMINATION: Contractor represents and warrants to tha City that Contractor doci not and will riot engage in discriminatory practices and that there, shall be no discriir.ina:ion in connection n with Contractors performance ender this Contract on account of race, color, s. k. religio , a•*e, handicap, marital status or national origin. Contractor further covenants that no other; i e qualified indivi%'.:al shall, sal by reason of his;her race, color, seek. religion, age, handicap, marital status or national origin, be excluded from parti,:ipatior in, be denied ser\ic:es, or be subject to discrimination under any provision of this Contract. ? 1. ASSIGNMENT: This C'ontra.:t shall not be assigned by Contractor, in whole or in par:, without the prior written consent of the City's, which may be withheld or conditioned. in the Citv's sole discretion. 15 NOTICES: Al! notices or other coat: rnications required under this Contract s tail be in tvritin�g and sha:I be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested. addressed to the other party at the address indicated herein or to such other address e.s a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONTRACTOR: TO THE. CITY: Michael Martinez. Vice Pre.sident Horsepower Electric, Inc. 8105 W. 20th Avenue Hialeah, FL 330 i 4 Johnny Martinez, RE. City Manager 3500 Pan nerican Drive Miami, Florida 33133 Mark Spanioli, P.E. Director Capital Improvetrents Pro3ram City of Miami 444 Sal' Avenue, S's Floor Miami, Florida 33130 Nzerihe Ihekwa,a, PhD. P.E. Director Public Works Cite of Miami 44 -} SW 2 Avenue. 8'1° Floor Miami, Florida 33130 Victoria tNI, rde.z, Esquire City Attorney 44-4 SW 2`"i Avenue. 9 h Floor \1iarni, Florida 33130 23. 'VIISCEFJ» \EOCS PROVISIONS: A. This Contract shall be coastr.ieri and enforced according to the laws of the State of Florida. Venue in all proc,:edings shall be in Miarni-Dade County, Florida and the parries 16 aeTee to the use of this ' entte. In any civil action or other proceedir. s between the parties arising out of the Contract, each party shall bear its own attorney's fees. B. Title and paraa-raph headings are for convenient reterer.ce and are not a part of this Contract. C. No waiver or breach of any provision of this Contract shah consticate a waiver of any subsequent breach of the swine or any other provision hereof, and no waiver shall be effective unless made in writir_,. D. Should any, provision, parai:.traph, sentence, word or phrase contained tr. this Cont:aet 'e determined by a court of competent jurisdict:on to be invalid. ith.ga. or otherwise trrcnforec:ahte under he laws o: the State of Florida or the City of Nlian.i, such proision, parac.rapl:, sentence. word or phrase shall be deemed rmodi1'.ed to the extent necessary' in order to conforirm, w i h such laws. or if not n.ediIiable. hen same shall be deemed severable, and in either event, t'le rer atininz terns and provisions of this Contract shall remain unmodified and in full force and effee.t or limitation of its use. E. This Contract constitutes the sore and entire Contract between the parties hereto. No modi_ica.ian or amendment hereto shall be valid unless in writing, and executed by properly. - authorized represen:at:yes of the parties hereto. 24. PRIORITY OF PROVISIONS: All work shall be constructed in accordance with the latest edition of the City of Miami's Contract Documents and Specifications. The City of Miami 's Standards for design and construction as well as the Miami Dade County's Standards Details. and the 2013 Edition of the F orida Department of Transportation Specifications Load and Br id zc Construction. The aforementioned references rnay be amended in the future: all work 17 ;le rfom d under this Contract shall he cons_rued to require use of the most current published ersions of said references. If there is a conflict or inconsistency between any tern, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document. incorporated into this Contract by reference. and a term, statement, requirement, the specifications and plans prepared by the Contractor, or provision of this Contract, the follos.ving order of precedence shall apply: govern In the event of= conflicts in the Solicitation Documents the priorities stated below shall • Revisions to the Contract shall govern over the Contrast • The Contract shall go ern over Addenda to the RFP and to the RFP • Addenda to the Ra "I' shall govern over the RFP • The RFP shall govern over the Contractor's Proposal Response In the event of cci:tliets within the Contract Documents, the priorities stated below shall govern:: • Slope o. Work and Specifications shall govern over plans and drawings • Schedules. 44 her: identified as such shall govern over all other portions of the plans • Specific notes sha'l govern over all other notes, and all other portions of the plans. unless specifically stated otherwise • Lamer scale drawings shall govern over smaller scale drawings 18 • Fitz -unit] or numerical dimensions shall govern over dimensions obtained by scaling • W.-.ere provisions of codes, Inanufact' rer's spezifications or industry standards are in conflict, the more restrictive or higher quality shall govern SUCCESSORS AND ASSIGNS: This Contract shall be bindirna. upon the. parties hereto. their heirs, s, executors, legal repre,sentatives, successors, or Itsslggns. 6. INDEPENDENT_ CONTR.kCi"OR: Contractor has been procured and is being e,rgawe . to provide the Services t. the City as an tndependem contractor on a non-exciusi';e bask, and not as an a ,en: or employee. of the City. Accor'din ly. Contr:letor shall not attain, nor be entitled to, any rights or benefits under the Civil Ser i e or Pension Ordinances of the City, nor any rieints aenerally afforded classified or unclassified er:iployees. Contractor further understand.; that Florida Workers' Compensation benefits available to emp:oyces of the. City are not a\ a:fable to Contractor. and Tzrees to provide workers' compensation insi. ranee for any employee or agent of Contractor rendering services to the City under this Cortract. 27. CON -HNC -ANC): CLAUSE: Funding for this Contract is contingent on the x. ailabi'_ity of funds and continued authorization for program activities and the Contract is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of tiulds or cha ni!e in laws, codes, rules, policies or regulations, upon thirty (30) days notice, 28. RE.-1F}•1R\1-1T1O\ OF REPRFSENTAT1ONS: Contractor her„b),reaffirms all of the representa_ions contained in the.Solicitation Documents. 29. PERFOR\T.t\CF BOND: Contractor shall be required to furnish to the City and maintain throughout the Contract ter:r. and renewal options a Perf;}irn.ince Bond in the total l9 amount of One Million Dollars (`iS1,C00,(}OO.O0). The Performance Bond can be in the form. of a Cashier's Check, payahl„ to the City of Miami. a bond written bar a surety company authorized to do business in the Snit;: of Florida and shall comply with State Statute 287.0935, or an Irrevocahle Letter of Credit. If the lager is chosen. it must be written on a bank located in Miami -Dade County, be in the amount of the contract and should clearly and expressly state that it cannot be revoked. until express written approval has been given by the City of Miami. The City, to draw on same, would merely have to give written notice to the bank with a copy to the Cont:actor. Sh.ould the City engage the Contractor in aetis'e construction projects such that cumulative wark authorizations, inclusive of Contract maintenance costs cletined hcrain. exceed $1,000,000.00 at any one time, the City reserves the right to request an additional Performance Bend to co. /er the difference above and beyond S1,000,000.00. 30. F.NTIRE CONTRACT: This inArurnent and its attachments constitute the so:e and only Contract of the. patties reiat_n , to the subject matter hereof and correctly set forth the rights, dates, and obli4ations of each to the other as of its date. Any prior Contracts, promises. re`otiations, or representations riot expressly set forth in this Contract are of no force or effect. 31. AMENDMENT: The City Manauer shall have. the authority to administratively amend the Contract as may he needed in the future. e. Revisions deemed to be substantive by the Office of the City Attorney shall require additional City Commission authorization. Amendments to increase the compensation, limits defined in Paragraph 6 herein shall r:.cuir'e additional City Commission authorization. 32 AV:\IL.A131L,I'J' OF CONTRACT: Pursuant to f•'..FE' General Condition 1.9. Any governmental. not -for -profit or quasi -governmental entity in the State of Florida. may avail itself 20 11eth_s contract and purchase any and all good. services. specified herein from the Contractor a: the contract pri..e. s) e.stabl_shed herein. when, permissible by federal. state, and local laws, nAles, and re'!urations. Each governmental. nor-ifor-pror`: or quasi -governmental entity which uses this Contract v ill eitlbi.sh its own ccntract':ia:een.ent, place its own orders, issue its own purchase orders, be invoiced there from and niaikc its own payments, determine shipoin`T terms and issue its own e.c_rnption.:ertit:cates as raq'.:ired by the Contractor, 32. COUNTF'RPARTS: This Contract may be executed in two or more counterparts, each of which shall .:onstitute an orizinal but a1! or which, when taken twzc:her, shall con.,tf ite one and the same Contract. --I MLAINDER OF PAGE ENTENTIONALLY LEFT BLANK 21 IN tVITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officiais thereunto duly athorized, this the day and year ioove. written. ATTEST: J1 Todd Ell-nr.on. Clerk ). ATTEST: did Linda a-07, Secretary APPROVED 'AS TO FORM AND ,CORRECTNESS:.. toria NLE.Llez. Esqrc City Attorney: "City" CITY OF MIAMI, a municipal corporation B • Jor v Martin .E., City Manager ( 1, "Contr . tor" HORSEPOWER ELECTRIC, INC., a Florida corporation Bv: FIkt P. Ortiz, President APPROVED STO INXT REQUIUMF,NTS: Calvin Eliis, Risk Manag 'recta nett ATTACHMENT "A" RFP No. 352306,1 DBOM FOR STREET LIGHTING DESIGN. INrSTALLATION, REPAIRS AND MAINTENANCE SCOPE OF WORK A. Background The City of Miami (City") is iss.iing this Request for Proposals (:.Proposal") in order to effectively implement a srr. t Ii•7hting plan of the consistency and quality the City desires to provide. The City belie es that having an open, competitive prceure; lent process to select a provider t;nr decorative and non -decorative street lights will streamline the design and installation of decoratve and non -decorative street !iglus and provide for the effective repair and maintenance of the installed decorative and non -decorative street lights. This aareement is non- exclusive and the City- reserves the right to seek alternative vendors and,'or mechanisms for the design. construction:, maintenance, review and inspections during the term of this contract. B. Scope of Services A design-build-operate-ir: in: in ("DBOM") contract for the design, construction, and maintenance of decorative and non -decorative lighting improvements based on Illuminating Engineerin2Society CIES") recommended 1.5 foot -candy: average. The City wishes to obtain proposals from qualilled electrical ::on`ractors for the desi.,,In and installation ol"deeorative and non -decorative street lighting within the City, and for ongoing repair and maintenance. This contract does not contain a guarantee of quantity or volume. The City reserves the right, at its sole discretion, to increase or decrease the quantity and locations of lights. The ownership of the decorative and non-decoratie street lighting infrastructure shall become the property of the Ci y upon final acceptance of the construction. The total proposed price shall include signed and sealed design documents by a duly licensed professional engineer, permitting, utility coordination, underground conduits, conductors, junction boxes, grounding, wiring, foundations, decorative and non -decorative street light poles and fixtures, metered service point, restoration, utility connection fees and all other items necessary for a complete, functional lighting system. if existing tight poles need to be removed in order to instal: new ones within the same right-of-way project limits, the cost of removal and disposal of existing light poles is included in the lump sum rates defined herein Attachment "Ir. Upon completion of construction, the Contractor shall conuner. e the maintenance of the installed system,. The cost of electricity used in connection with the installed lights shall he paid directly by the City to the Utility Company, Contractor shall coordinate with the City in order to establish the required service account a minimum of 6Q days prior to requiring energy sere lee. 23 C. Designation of Street Lights and Types The City shall designate to the Contractor in writing the specific number and approximate mapped location of street lights covered under this Coctrazt, Any changes to the original designated street tight locations found in Exhibit 3 (revised) of the RFP shall be made to the Contractor in writing. D. Street Lighting Design and Installation The Price. Proposal sheet includes several options for the pole and fixture types contemplated under this agreement. The City may choose to utilize additional alternatives in the future and would ne Sotiate these additional options on a case by case basis with the Contractor. The _nsta:lation of the proposed lighting systems µviE be in accord with applicable governing reg nations and industry standards and is accordance with the Contractor's permitted plans as prepar;:d by the Contractor's Professional EnLzineer and approved by the City. All installations shall be within the guidelines established under the applicable provisions of the National Electric Code (NEC) and the Florida Department of Transportation (FDOT) Standard Specifications for Road and BridLte Construction. The Contractor shalt at all times follow the. City's and FDOT's maintenance of traffic rules, regulations, and standards and minimize traffic interruptions. The LBO of off duty police officers shall be at the discretion of the City. Separate compensation will be pro'. ided by the City for off duty taw enforcement when required. The RFP Price Proposal shall include the foilowinr design options — found in Exhibit 1 of the RFP. The three (3) design options are as follows: Option . 1. Street Light Design A-1, or approved equal Z. Street Light Design A-3, or approved equal 3. Street Light Design A-3, or approved equal 4. Street Light Design A-4, or approved equal Option B 5. Street Light Design B-1, or approved equal b. Street Light Design 8-2, or approved equal Street Light Design B-3, or approved equal 8. Street Light Design 13-4, or approved equal Option C 9, Street Light Design C-1, or approved equal 10. Street Light Design C-2, or approved equal The City may choose to utilize additional alternatives in the future and would negotiate these additional options on a case by case basis with the Contractor. The installation of the proposed lighting systems will be in accord with applicable governing 2q retaulations and industry standards and in aceiDrdance wit:r the awarded Contractor's permitted plazas as prepared by the awarded Coctractor's Professional Enaineer and approved by the City. All installations shali be within the guidelir_es established under the applicable provisions of he National Electric: Code (NEC) and the Florida Department of Transportation (FDOT) Standard Specifications for Road and Brit'ate Construction. The ;elected Contractor shall at al: times follow the Citv-'s and FDOT's maintenance of traffic rules, regulations, and standards and minimize traffic interruptions. E. Street lighting Repairs and Maintenance Contractor shall provide all labor. super ision, vehicles, equipment. materials. parts, shop availability, and tools necessary to accomplish the herein.: er described work. The maintenance portion o the' rDnosaf include3 all operiCons and service's necessary to keep stree.fiiTh s operational consisting, a: a minimum, of the ea1I center, general overhead, all equipment and parts, and qualified personnel. The maintenance would :,ommence. irnrnediately upon fina acceptance of the construction improvements by the City. In the event the City desires to have any decorative. and non -decorative street lights relocated during the term of the contract, such relocations will be at the City's expense and is not a part of the maintenance price outlined in this proposal. Dat .ages by a third party will be the responsibility- of the third party to pay for the cost ofrepairir-_ and replaeina, the damaged equipment. The City authorizes the Contractor to be paid directly- by the third party. In the event the third party is not identified, the Contractor and the City will be responsible for the cost of repairing and replaeina any damaged equipment based on a 5(:50 cost sharing basis. Damages caused by force maj-cure events such as windstorms that are nor attributed to a third part; shall be at the City's expense. Contractor shall be responsible for the preventative maintenance of the entire city -owned streed_:an'system. Refer to the attached, marked as Exhibit 3 for a complete. Iist or existing City streetlights. Contractor shall provide sehodti:eel preventatu e maintenance, inspections, which include repairing faulty wiring, replacii:`g entire fixture., removing and replacing inoperative fuses, lamps, and ballasts. The Contractor shall provide regular patrolling of'ail city -owned streetlights every 15 days. and shall provide the City with a monthly log detailing all maintenance activities. All outages shall be repaired within 4.i hours of disoo\ ery anchor notification by the City. Outage; caused by force majeure ea ems sach a., indstor:ns or failure of the utility company's infrastructure shall be exempt frorn the 4S hour requirement. A1l emergency calls from the City shall be responded to within rvo i'_j hours. The. Contractor shall have and maintain a 24-hour access line for emergency response availal.hle to the City 24 hours a day 365 days a year. Currently, this number is (305) S 19-4060. The Contractor shall provide a 24 hour call center to receive complaints for Iig>'.ht rnalvunotions or other streetlight issues_ Upon completion of corrections to reported issues, the Contractor shall contact the City and inform. the City, in writing, of the issue's resolution. The Contractor shall provide the City with a monthly log detailing all call center activity. Contractor shall provide maintenance costs inclusive of the call center on a monthly per pole basis as identified on the Price Proposal sheet. 25 RFP Na 152:,C6 E.ah+S;! DETAI_ DETAIL DETAIL_ A A--3 A-4 DETAILS A -I AND A-2 I MIN RE. 150 IN. MN, .50 PI HP5 OR LEV 7tf.."ORA715 P05' TO , HAGGO REFRACTIV2 SLCEE. i✓OGEL, c..52 (CR GL52) SnF��CA, rV;T }{p ?L'-5iLE 5.HELD, CCLOR. BLACK j'r'371 f : 14. -4", 5"JN - 5T 1-5 555P vCNr�:T�, Al'^CRCN I'1 2NA`'C1WL, YCGEL, V'0T0RI.AN IX, 5TANPA-W A.I .AC7',R R CCLOR h'I"H AML . HIELD CO+.TING PC. i ,M0LNr1k&, CE A,L A-1+ CIRICT 21,15t1,1-iik' 1;TA.L A-21 00N0R575. i4OR. 5A2C, PQ.OV1G:: AHD INSTAL_ ANC.I.GR 5A ^FTA`Ly A-3 l,,;rl"INA 'S,:31 I00 Nw— CaIN-F5C+ZLSD 1ECC A':V5 P05T TOP, Hr-CCO, QE aAG71VE 5LCEE, t-fCCEL+ C32 (CR CL52i ^hK?, WITH HCYJSE-60E 3rELD, CCL0R BLACK E't'RLE0 ALL`"IM.M, HADCO, MCGw' , 1. 14 31.2C PRIM 5' 1-5V01,,, TWIN ARM i2 4 150°). GCLCR, SL.;G< Fr" 2q'-6', SPLH-EAST Pt7 3 R1 ' C0I CR TE, AMERO'4 Ih -7.1!;00,7 OVAL. 1-cc5 V'C'CRJAN X.5'ANDAR: MA1,1;.PALM.Z.5R CCLCR. W{Ty Al"1ER5HrELc COATINA. GE"A,L A-5. 0I GT E!'pEv1E'T GE A L A-4. CCNCR.tTW AMGkCR 15A55. PR0'/'D7. ANC IhZ"ALL ANC-CR 3A5E CITY OF M1AM C'[iµ3i;a.1 Prqrzema OPTION A Req est Pcr P,-encsa'S For 5ireet LEontirg V93143r, fnstalIot cr. Reaoirs ar.d Yafrterarca 26 -n NT... _v?G - EXilti t r GE -AL P .174•LS P-, !"' MZ ✓-2 .�*"LyAiRe .30 in ti H, 5C iY F+P'3 CR. LIL2 7CG�''. R.4`IYC PGS'r t , HA:CO, R3- (GR 9L32a 6AND INi"•'� AMP ,. TV" I 7 1 1 REFI„C-OR AND Hct,SE-SICE 31-0E-0, COLOR, BLACK 73 G=TAL "GSTI 9P4N-GA91- orer_ ristEt°''C? COiOAXV, AMORON lNT NhT CnPL, CC3L, V?CTOR.MI 'X, S'ANDARD W►NFAGT.'R7� ±O_^R %NTH 4N R51 ,C a GO T?H6 MC:4"1.15• JE'AIL 13-I1 C REG' =M'13EiM0." AiL 3-2, C..?hcRF-E AP.Cr.CR 13A3E. PRCV'DE A.\D ihSyaLL ANCr-CR 5ArSE ?-4 L1,c4I4A. Rt'2 C9 M A-t. CO At ,x LSD C�r't:RA'i`i POST TC'?, NAvc.0 REFRAL"MI B9E, 'R3.2. GR R4-32 SAND I^ I H 9r'A TC ASD HPf 9E-31GE 3r kd., LCR, IR!a, 'cX'R DED A_LT?if M, HAVCC, MCA, PT i 9i20 Wf'H 3' ; _! ON, -NH Arta ;r 9 '$G°T. GCL Ft, y AG/, ro . 20 -b', 9p:N tA5' Pc'3-mE 1= CGNCRE !. AMERG'u EM"atNAT,GNA4, MGDeL, V',--' AN IX, STANDAR, uAN FAC.^JRER C L OR ''61'H A+ t3hd3;, J COATN3 °G'ST MC•LN?'I 3E'A, L e-3, P RP :" 9ri` "EN- CC'A L 9-41 GRETE A:wCI t ?ASe. PROV'GP Anw 43-AL_ Ah.:wCR 3A3e CITY OF MIAMIcapital Imps; progrem OPTION 5 Reqpeat Par Pro Por Sti-oest Llgrtlrg Potilgn, Irstai'at'on, Raoafrs and ',0Olrterarce 2 OF 3 SHEETS sic Exh+hd - CE T Ai:. C-! C-2 Lu[IJL•1 _l" "L 247 W `41,-t 130 S^f HF'S PENGANT, 1-AZ7CO, TE.AR.DRCP, *.,C.^.m: TYIPE 1.1 cc rtcs, WITH 54-O - 3rL013E, STANDARD FLAT 2RIH, GOLD, BLACK AC%E99GRIA, NGii:,�ONT.A� ARM MO1.1471N4 i ADAPTGR, 2-1!!a• OD., t1AD..00 MODE:., TF-AMs. COLOR. STaL C.^NBTRLLT'ON. L'c96-+", 6 -0', At�'ERVr11 I0.TEf2.�J,+"Gt'IA„ '"GL'E' , 29Eb, C.C.LGFL BL444,K HT 3PLN-GAS- PRE3TRy33L�' CONCRET„ AMEIRON NTE LNA-:Cus,_, MGCCL., V'G":.RIAN fX, 3TANF5PJ ur d PAGr.R« eL .01- 4IT11 Ah,EZ^H!ELD COAT'h6 CV.An. G-I PI'2EOT El-!L' t+'!:h' ETA,L C-2. OPNORE .3 A�1G MGR 3A5E. PROVIDE AND Ih5TALL. ANCHGR 5,13e CITY OF MIAMI l h ti Capital T”r^prsys'rnant C� i ICN Ragvae: for FrcFoea15 ?or tree LI htlrg CeCgr, Iratal1ct'cn, Repc rs crd'farr:ercr® 3 OF 5 SHEETS 78 ATTACHMENT "B" CONTRACT RATES / ADJUST [ TS Davis -Bacon Prevailing \j a_.e Rates for this Contract are attached hereto and incorporated herein by re flrarce: General Decision Number: FL130226 01104:2013 F1,226, as may be amended or superseded in the future. The Liit. price, per Street Li;~,t Les;,n, or approved equal, shall be as per the attached and in accordarce with the Exhibit A Scope of S. r; ice; ^er e'n. Pr:cirg shall rema'n fixed and firm d:wing the iritial five-year Contract ter- . There3:ter. CPI ar,ustments to the rates may be approved for subsequent rerewal terms per the beIrpw Cost Adjustments Section. ITEM NO. DESCRIPTION UNIT PR,CE TOTAL ESTIMATED QUANTITY EXTENDED AMOUNTS 1 Street Light Design A- 1 51.3,103/ea 1 $13,103 Street Light Design A- 2 r $1a,587,ea _ 7 $1a,58, 3 Street Light Design A- 3 517, 2961ea 1 $'_ 7, 296 a Street Light Design A - ¢ $19,061/ea 1 519,061 5 Street Light Design B $12,337/ea 1 $12,837 6 Street Light Design B- z 514,320! ea 1 $14,320 7 Street LightDesign B 516,330/ea 1 $16,830 8 Street Light Design B- 4 518,595fea 1 $18,595 0 Street Light Design C- 516,8.10/ea 1 $16,840 v Street Light Design C- Z $18,482/ea 1 $13,482 11 35 ft. Aluminum Poles $12,692/ea 1 $12,692 2c) 12 Monthly Maintenance Per Landscape Light, for new and existing $3.00.itro 566 X 12 $54,336 13 Monthly Maintenance Per Light Pale, for new and existing $12.O0/mo 635 x 12 $93,640 TOTAL PRICE PROPOSAL $327,619 COST ADJUSTMENTS Prices quoted shall be Erin for the initial contract term Give years), 'fhereailer, any extensions which may oe approved by the City shall be subject to the fo tE f _ extens o ter:-ls shall a'��r �: Costs er a:7s i� r e abject to an adjustment only if increases or decreases occur in the industry. Such adj'.:stment shall be based or. the I.h:;:st ,:early pence. r:age increase in the All Urban Consumers Price Index (CPI-C) as published by t.e Bttre.ha is` La`acr Sia:is:ics, U.S. Dept. of La')or, and stall not exceed five percent (3':' ). The irerea e or decrease in the CPI stall be that Tares: Index pr:biishcd and a.. li:able far ch ca'.e.:dar Year eni :iv I2.3 I, prior to the end of the contract year then it effect, as compared to the index for the cocTarobie rnou:h rive years prior. Any requested adjustment shall be Bally documented and subir.itted to the City at least uin,:ty (90) days prior to the contract rere...c•al date. Any approved cost adjustments shall becoine effective on the nc inning date of the approved contract extension. The CL. may, titer examination, ref-.ise to accept the adjusted cons if they are not properly documented. or considered to be excessive, or if decreases are considered to be tnsu ticient. I.: the event Cie C:ty. tines net wish to accept the adjusted costs and the ma:ter cannot be resolved to the satisfaction of tl:e City, the Contract will be considered cancelled on the scheduled expiration: dale. 30 ATTACHMENT "C" INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES CONTRACT - HORSEPOWER ELECTRIC, INC. I. Commercial General Liability (Primary & Non Contributory) .A. Limits ot'Liahility Bodily Injury and Property Damn e Liability Each Occur, once $1,000,000 General .'it4 Limit S 2,000,00O Product Co :; ._tsd Operations S 1,000,00O Personal and :1.d , cr isin? Injury S 1,000,000 B. Endorserlents Required City of Miami included a; an additfora: insured Co rtimzent & Contractual Liability Premises ScOperations Liability Exp1Jskr. Collapse: and Underground Hazard Primary Instll'ai1Cc' Clause Endorsement II. Business Autornobile Liahiritti A. Limits o? Liability Bodily- Injury and Property Damaie Liability Combined Single Limit Any Auto/Owned Autos, Scheduled including Hi r d, Borrow:al or Non -Owned Autos Any One Accident S 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured 31 Ili, Worker's Compensation A. Limits of Liability Statutory -State of Florida Waiver of subrog,a:ion [V, Employer's Liability Limits of Liability S 1,000,000 for bodily injury caused by an accident, each accident. S1,000,000 for bodily injury caused by disease, ea± employee S:,rf ),OOO for bodily injury caused by disease, policy limit V. Umbrella Policy/Exerts Liability (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occu.-rrence $2,000,O0O Aauregat4 S2.00)0,000 B. Endorsements Required City of Miami listed. as art additional insured `'I. Payment and Performance Boiid $ 1 ,000,000.00 Ciro-ofMMiami listed as Obligee VII- Contractor's Professional Liability- (If Applicable) A. Limits of Liability Each Claim S2MOO,O00 Policy A.TL7e.,:aw S2,000,000 Retro Date Coverage included The aho,.e policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not lass than (30) days prior to any such cancellation or material change, or in accordance to policy provisions. Coir-panies authorized : } do business in the Stag: of Florida with the following qualifications, shall issue all irisuranc,. policies required above: 32 The company must be rated no less than `•A-" as to management, and no less than •Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by t,\[. Best Company, OIdssick, New Jersey, or its equivalent. All policies and nor certificates ofiusurance are subject to review and verification by Risk \Ian.agentent prior to insurance approval, BINDERS ARE UNACCEPTABLE. The insurance coveraac required shall include those. classifications, as listed in standard liability insurance manuals. which most nearly reflect the operations of the bidder. NOTE: CITY BID NUMBER AND OR TITLE OF I3ID hfLFST APPEAR ON EACH CERTIFICATE. Compliance with the l arc i :ni recl:zi.erne is shall not relieve the bidder of his liability and oblization under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall respo:7src: for submitting new or renewed insurance certificates to the City at a minimum. of ten (l0) calendar days in advance of such expiration. --In the event that expired certificates are not replaced 4si`h new or renewed eertiiieates w hieh cover the contractual period. the City shall: { 1) Suspend :le contract until stic:h time as the. new o; re.newed eertifi ate.are recei' ed by the City in the manner prescribed in the RFP. {21 The City nm.t,., at it.. sole di.scretior„ terminate this contract for ctause and seek re -procurement dan a ::s from the P;.;..,poscr in conjunction wi.h the Genera'. and Special Terms and Conditions of the RFP. The Proposer shall be resronsibl , for assuring that the insurance certificates required in conjunction with ti'is Section remain in force for the duration of the contractual period; ircludina any and all option terms that may be granted to the Proposer. 33 CORPORATE RESOLUTION WHEREAS, Horsepower Electric, [n . (`;Contractor") wishes to enter into a Professional Services Contact (`Contract") with the City of Miami ("City"); WHEREAS, the Board of Directors, at a duly held meeting of the Contractor has considered the matter in accordance wi:h the By -Laws of the Corporation; NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Contract with the City, and the President and the Secretary are hereby authorized and directed to execute the Contract in the narne of this Corporation and to execute any other document and perform any acts in connection therewith as may be required to aceornp1ish its purpose. Iti I\ ITNESS WHEREOF, a::s 12° day o[ ilst , 2014. (sign) Linda Ortiz, Secretary 34 Irorsepo, er Electric; Inc. (--Contractor'"), a Flc rid c»r-por. u n By: it (sign) sector P. r-tiz, Pre d at Liberty Muutaial, Bond #964120325 Document A312T1' — 2010 Conf3rr s w.th The Amer'can Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (,�arl".c', iC _:! ;talus and address) Horsecower = ec;r°c, Irc 5105 W 20th Ai.rue Kalea^. FL 33C OWNER: City cf 444 SW 2nd Avenue, S:h Flocr FL 33130 CONSTRUCTION CONTRACT Date: Ano.az:: 1,000,OCC.00 SURETY: (Name, tek-ra.' slat and principal place nt f.'ie ty Mutual ,rsurance Ccmpary Mailing Address for Notices L erty P,ic teal nsr:rarce Ccrrpany a:t n:icr: 3..rery Claims Deca'nert 1 :C 1 •1;r A•renue. Site , 7C:0 Sear'e. tfi.a?8'54 dccur•ert nas irpCr'anf eca consequerces CcnsLltatior• wit^ an attcrrey •s ancor.ragge3 wart reseed to is cor•p'a crt or trodticatIcn Ary sr^g.rlar reference :o Con:rsc.cr 0,Arer :r at1er par, pLrai her, cIli_3 r Dcs,:r_pitort: Cep cr, :: -C erata :11a r.tai^ fcr =;'.Set L gr-nc, Desirn, Installation, Roars and i~,'airterarce Cityide RF': ND 3523C5, 1 BOND Dail: !tier aar:er than Cons:r•.rcr,:n CvntrL:,! Dena) Ammtnt: $ 1,OCC,C0O.00 M,,Ji:i, aa: ins to it:s Ciortif: �' Nine CONTRACTOR AS PRINCIPAL Ccr:I: (i.ur oral �cci r Hcrsercwnee Fectrc. Inc 81 C5 W 2Cth Avenue Hialeah, F' 13014 Si ::i1[:.r : f J!' /111 'mart.: and T: E5•2c Srsicn to SURETY Company (C orponve Liberty L1u`jai Insurance Comrary Siataur : Name and Title: Phylis A. Arthur Attomey-in-Fact n(Lii‘-e-rj :ulriit=,nal s:; naibrss appear on the last ,ags af'th,:s Perlbrmance Bond) (Ff7R [ FOi+.3t4T,r0 ti 0\'y Y —,4;•r.rs,, address and :Plcphe.ne AGENT or BROKER: F`s'K H. Fu^Tan, inc 1314 F. A;;anhc El,d Poripaio Balch, FL 33C60 954-943-5050 OWNER'S REPRESENTATIVE: r.3 r.:1L°cs. Eng:neer or other p:r� 6-1352.4'AS 3;"'0 § 1 The Contractor ant: Surety, jointly and severally. band thernse',Yes. heir heir,, executors, adrnit:ildrators, iuceessari and assigns to the Owner for the perf„r an,:e d.` he C','n.tr'..c_:on Contract, which :s in::erpurated herent by re:t tenet § 2 IC :he C ,;n:ract.r par: firms the Catrarru,atten Contract. the Surety and the Contract, r sh.t_l have to obhg.tt:ot:'..:der hl_ 3Wmd, excel'[ when 3pplicabie tC parteipatY in a ennf:rence 35 provided ::I Section 3 § 3 If there :s no Owner Det.ulit sr:der the Cnr:stri.;tio r Contract, the Sure:''; oh -ligation :and r this l3cr.d sh,i:1 aril: leer .1 :he Owner tint provides nonce to the Contractor and the Surety that the Owner is ,:onsiderin:_, dc_::l-ng a "Contra:[cr Ce'ault S.ich notice ilia:: indicate whether :he ()owner is re;luast!ng a conference among he Owner, Contractor and Surety to discuss the L:on':ra,:tor'i performance. Ird:: Owner does not request a conference, Ilic SI:r_ty may, within five {5) hu,siness days art;.r veep[ of the O' i:r ; notice, request ouch .i co:afer:n.:e. l+ the Surety timely requests a eonferemce, the DWIISr Shall attend. Unless the Ow ier agrees oth,:rw:se, ally con:offen+:_ rey.:es:cd under ta:,s Seetinn 3.: arall he :held withal :en {I t!1 bu;i:less days of the Surety's receipt of to Owner's nor:c;. If .h•e C".l ner. the Contractor and the S.retr agree, the Contractor sha.l be a:1o'•ved a reasonable time to perfo:ri the Constn.ctikn Ccr..u.act, :rat ;itch an agreement shall not waive the Owner's right, if any, subsequent:y :n declare i Contractor default; .2 the :O.rn:r declares a Coniract,ir !Jell...it. terminates the Construction Contract and not:tries the Stir:t'.::old .3 the Owner ha.; .tar_ec as aa•• l:_ 3aI.utce of the Contract ?rice in accordancewith the LIMES 3C;h: Constr.action Crn::a:t tc the S.l:•et or .o a :,,-ar:_a, tor selected to tie: ortn the Corstru:lion Contract. § 4 Fair ...re on the p.1't :the Con. r :c comply withthe aL'ti_e req.tart^:c-i. i;. 5:::1.'n 3.1 sha:I not cone=it'.::e 1 iai ur: :o comp".y with a ecni?itr,?n precedent to Lite Suretz'5 3b1:3ations.::1release the Surely & a1 its obiigart::r:?• .tie:pi to the extent dte;.tree, d_iror..s:rates aerial pr_;lidi.e. § 5 Whun the O'.a:.2 ha; satisfied :he:onr-:tier. of Section 3, the Surer; sn.tii prompt:y and at the Surety's expense lake neat the tu:.iuwing a:tiuns: § 5.1 Arrange t':r 4:e Cartrac,tor, with the conaent cfthe Owner. to perform and co mp:ete the Constnt:tion Contract; § 5.2 : :o por:rr.r. and :,:,i::p'cte J. '..-onstr.tc'Icn C n'r•l+:t. I tseir, th.rnu'*'l its :1;g independent :,`Itt:1ct: r;', § 5.3 CI:I.i:. r, z. [ :..i.'Ce tab'e to the Owner far 3 ro':'rle' fur per::irm.ln.e and eomplon.ua of the .: r a :,}C . i..i1 _ '.li _ -. _.hit; 3t`. by the °Miller and a e,.ntra- . t - :he Owner's :nr.currence, to he see.ara- .o'.h �,'r `f:'..., 4„ t ;Ia.-Tent Jvaxi., : T „ . _ I l ...,......:d suretye.l'_1i a cat to the bands 172'-.0 ..e . U'.a....cti:T1 Contract, and pay to the 0'v r .. _ t•i ..: of ,.. I: ; a; d , iY - - S a::., : :t tx.:e s of he S.tionic of heContract Pri.:e incurrd by the Owner as a ressult of :he Contr.tctur;aeiali:t: or § 5.4 Watt, 4 its rig::t .o pc:' orm and rot::plete, arratt,e fur cantple:icn, or abta:n a new c.)nrractcr a d with reasonable promptness under the circumstances: .1 Af:er in'.cai: l:an, deterrnt e he amount fur whY:h ?: may be ,ilb_e to the Owner and, a.; seen d, pracl::ab:e a:ltr the a:no'.nt is determined. make payment 'o the O.cn. r, or .2 Deny :ia"?il:_v inv./hot,: or ir, pa anti not[`; the Owner. citing the reasons for denial. § B If the S.tr t,' ci .s ru,n3roceed a.; prn•,id°ed ill Sc::ti,n 5 with t-casonahle promptness. the Surety shall be deemed to be in default on :his Rind seven days •i. r„cetpt elan a,td:iion.2: written n'itt.:c from the Owner to the Surety dcnlandin that the Surety perform its obligations under this Bond, and :I:_ .. i s r ;hail be enat:ed to enfuree any remedy it ii1.tble to the Owner. If the S_ir_t.= proceeds as provided in Section 5.4, and the Owner t., I: e h.t' rood: or the Surety has den�ed iiaoil:tyJ, in whole or in part, without further notice the Owner Ta'.I h.: en'aticd ttr enforce any remedy avai:able to the Owner. 5-1352 AS 3,1f3 § 7 IC the Sure::: elects to act uii.Lr Seamon 5-1, 5.2 ar 5.3, ter: ilie respoits:hilit:es f tale Surety :o the Owner shal: not be greater than those oldie Centrrcrcr anger the Celts:Luc:Ica Contract, and :,.e r;.i7 _mat.ft..c Owner to the Sarety shall riot JO grater than those of the Owner under the Construct:en Conroe. Sabject to :the commitment bl, he Owner to pay the Ba;arse •Jfthe Contract Price, he Surety is obligated, without duplication, for .1 the respettit3LEnes of the Conti-le:or for eorreettor. of defecttvc work and cornpietion of the Constr.:caon Contract; 2 : tuitional. :e5.i', design profess:oral and delay costs resultine from the Contractor's Default, and resulting from the act:or.s or failure tc act orthe Surety ander Section 5; and .3 hqu:d,r.ed damages, or if no :iquida:ed danoazes are ieec,:.ed in the Construction Coctraet, a,:toal damages caused by delayed performance or non-per_anracce 3Ct'ie Contractor. § 8 If the Saret' & `s to act under Secticn 5.1, 5.5 or 5.4, the Surety s liabi:it}- is limited to the amount of th s Bond. § 9 T:tc Surety shall not''ae liab:v'o the Owner or otters for obligations ;of the Contractor that are unrelated :o the Constriction Contract, and the Bal ;ce zi 'lee C.orttraLt Prn e shall net be reduced or set off on account of any such unrelated obingntiens. No right of action than inure on this Bond to any person Jr entity ether than the Owner or :`s heirs, ex.rcj crs, administrators, successors and assi;n;. § 10 the Sure:-, 'rerehy waives notice or any enarg ine,l-.dine. changes of time, to the Cons'r e::o : Contract or to related 316cmn.racts, purchase orders and other ;obligations. § 11 Any proceeding, legal or egtlitai;le, ander this Bend slay be instituted in any noun of ccmpetent'ur:sdaction in the location in wlti h tha work or part of :he work is located and >ha.11 be In .toted within Iwo years a:?er a declaration or Cor.tra.;tor Default or within wo years after the Contractor ceased working or w•_thii two years after the Surety ref;scs or falls to perfcrm its obligations under this Bond, whichever occurs first - If the prcvisicrs of this Pare -aph are void or prohibited by 1a'.y. the _nirirr.t.tn period of :i¢nitation ,avaiia'c'e to sureties as a defense in the jur:sdictiotr of the suit shall be applicable. § 12' atice to the Surety, the Owner or the Contractor shall be n-.aJ,:d or del ',.tired to the address shown oil the page en which their signature ap_reara. § 13 '4';c':i to`t s Bond h's been tiro; o'e_.1 0otitrinly w::n a statutCr`t or other lcga_ requirement :n the vacation where the construction was to be pe f:crrr.ed_ tr.:- tnision in this Bond o'r;'.i.:.`.Z .L .'17 i;i:d atatoutcry or leea: require nlent shall 'le 'deenie{l deleted herefrom and provisions atilt .:: ry or other a t. 7eutirement shall he deemed •reoria,t ated 'herein. When 3o furnished. the intent is that this Bored shall be ee notrae:: as a statutory .,ens and act a c0:n1TICN: sail bond. § 14Definitions § 14.1 Balance of the Contract Price. -, he tu:,l; amount pa 'acle by the Owner to fie Contr'accor ander the Construction Contract after all proper act, _xstnents have been made, including allewati e to :lac Con:rooter in -any amounts received cr to be r ..e:trot by the Owner in settlement of insurance, cr other c.a:an.s for ;amigos to itt:ci; the: Cur tructer is entitled., reduced by all va:id and proper payments made to or on hehalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The anrcernenr b t•Steen the ;J'.ut:e: and Contractor id:antired on the refer page, inel ding a:; Contract Documents and changes made to the sgrrcir.enl. and the Contract Doc u;n lu,, § 14.3 Contractor Default. Failure of :he Contractor, vhi_h has net been remedied cr waived, t0 perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of he Owner, wh:ch has not been remedied or Waived, to pay he Contractor as required under the Construction Contract cr to serf rm. and complete or cornply with the miter material terms of that Constnictien Contract. § 14.5 Contract Documents. All the documents that comprise the acreement between the Owner and Contractor. § 15 If this Bonet is issued for an agreement' between .t Contractor and st,bcontractor. the term Contractor in this Bond shall be deemed. to be Suhcon:rioter and the term Owner shall be deemed to be Contractor. S-1852ii?S 8; •0 § 16 NIckEr......Liens bin± an: as (Sp:c.y(. i:?:n:; 1.;res otier than tho.e pr(ng.777 the cover page,i CONTRAG OR AS PRACIPAL SURETY Conrany: (roeTer7.it., Coimpaly: 62-CEJV /4LibertyMutual Irsurance Company S.;::amrc: Nam: 2ntf T, Addrzs roy-rt \p,QN:(2QLL Ib5 tue7c-r '27_0 4likLE.10„ EL 7301,-\ S:gnatun:7 (Cvr.7or:te Sca7; Name Lnd T3t12: Phii1is A. A.-1-tur Atto-ley-n-Fac: .1,1dr:ss 1314 E ALardc SJvd, Porrpara Beaci. FL 33C6C 6-13521AS 30-'1) Liberty Mutu<M. Document A3I2TM — 2010 Conforms with The American Institute of Architects AA Document 312 Payment Bond CONTRACTOR: :(sia rs gna rac1r?.v i Horsepower Electric. Irc 81 C5 4"^! 2'.2t-1 Avenue Hialeah, FL 33C'4 OWNER: ie '.i: sfa;uS :rid ;rtOressl City of M ar'i 444 SW 2nd Avenue. 8:h Floor Miami. FL 33130 CONSTRUCTION CONTRACT Date. SURETY: :Name. i ^J nr.rcipai pace o.nusrness? Liberty M tua '.-;_.rarce Company 175 Berkeley Syeet Boston, NIA C2116 Mailing Address for Notices Lbery Nl.tual Ir.s.:rarce Company Attention: Surety Claims Cecar"rnen: 1C31 4th Avenue, Suite 17DC Seattle, 'd1A 98154 Amount: S 1,0CC,CCC.CC Ore kI 1 cn Dollars AA Zero Cents Th.'s dccarnert has 'moortart 'egal :;erseauerrces, Consu tat:cn cull' an attorney es srcci aged r'tt respect to its corrple:ion or modifcaticn. Any siogg:.lar reference to Contractor, Surety, Orrner or rather party steal: bp. consicerec pk-ral where apclicaole. Description. (` nine aJ' i)c•a6 )fl) �es:g E_.,t. ce �:w ti'al^ta r''D5J P.r j for St;SetLighting Design. Ins:alat:cr, ?a.ai-s ar.d Maintenance Citywide RFP: Nc. 3523C6. 1 BOND Date: earl /or:Ilan Con.: `:Jet:on Contra,,: Date) Anwt::tt: 5 1,t7CC,CCC.CC Cne I' it.on Dollars And Zero Cents Lte:di eatiJns :o ' ..; 3ond: ❑ N,3nc CONTRACTOR AS PRINCIPAL Company.. ;C'ur-2oratr Seal' S Name anti Tile, l :i ti2 4 r and Tate: Phy'lis. A. Arthur A:tor'ey-ir-Fact See Section 13 SURETY carp (Corp,ratcSea;) L berry :Mutual Insurance Company 1=t} u.lcli::uraf s ^r:twes -N.wear :n the list age of th1 PI.nre,a: B, • 'OR LVFOR,Lt! l'. T'AL ' anri:e(dp r AGENT cr BROKER: Frank H Fur -tan. Irc 1314 E Atlantic Blvd 'ompano Beach. FL 33C6C 954-9-13-5C5C OWNERS REPRESENTATIVE: f_lrahu'c:, E.ngrnear or 9ther S-2149rr'S 21' 0 § 1 Tie Cosaractcr and Surat, ja:n:,y and severally, bind :hemseive-s, `heir heir;, ex-act:ors, administrators, successors and assigns to the Owner to pay t;tr labor, rn er:a:a and equipment 1 .rni. ed for u:se :n the perf:rr:arce of the Constractsen Contract, which is incorporated herein by reference, stahject to the Coilta'ua g :erns. § 2 ;: the Contractor prom,,, t:y i lakes payment oral': sums due to Claimants, end defends, :nt'.cs-ndies and hold harmless the Owner from claims. ,.e-ma :t'.s. bests or suits'_. ary pasha'. or entity seeking nayrrent far Tabor, rr.,nO.r:ass or cyu:pr:ent furnished for use in he performance of due Cori t;t.eern Contract, then Tic Surety and :lye Contactor shall hale no obi:gat.on -ander this I;cnd. § 3.1f :here is no Owner Default under the Constrictor. Contract, the SL::e:y's obl:gation to the Owner tinder this Bond shall arise after the Owner has promptly,. natal ".d the Contractor and the S.:ret; (at the address de;cribod in Suction 13'; of claims, demands. lions or suits against the Owner or the Owner's property by, 2:ry parson, or entity 3cek:ng payment for labor, materials or equrpirent furnished Cur use ;n this performance of he Ccnstrt_c:ion Contract aria, tendered defense of such :!aims. denautds.:iens or suits to the Cur.:: a,:tor and the Saret'2. § 4 When. he Owner ha.; sat:sf.od the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless. the Owner acaa ost a duly tendered claim. demand, lien or snit. § 5 The Surct;'s ob;g: ti:rns to a Claimant-. under :his 3ond ;hal: arise after the following: § 5.1 Claimants, who do net haste a direct contact with tha Contractor, 1 ha'we .n.:ahed a written notice o:non-aa,lrect to the Contractor, sic :r. o with substan.ral accuracy the amount ;,ainreii and the naive r f thy: party to «horn the nia:eria,.s ,vote, or oq'-liwnreiit 'a as, furnrs heal: or supplied or for whom the labor was done or performed, w:thia ninety (913) days after hating last performer: lad:ar or last furnished materials or equipment included in the Cairn; and .2 h:r'.o sent a Claim to 'he S;ir rr at the address descr:oed in Section 13), § 5.2 Claimants. who are o nip't yed ..yv .ar loaf:e 2. d:reet c attract wi:h. the Contractor, have sent a Claim to the Surety (at the adidresq described in Section .3?. § 6 it'a nntsce o''non-pr.nicnt rcqu:red by S_e:icn 5.1.1 is :river, by the Owner to the Contractor, that'1s sufficient to whirls a Claimant's tab:igat:L°n to fr,rnrsh a wr:then tncircc of -ton-payntem under Section 5.1.1. § 7 When a Claimant has satist7.ed .ale c r.,.:t.cr.s of S doors 5.1 or 5.2, whichever is ap_:it:a,3le, the Sure'>, shall promptly and at the Surot,'s expense take the Co17.atting actions: § 7.1 Send an ar_s'.vor to the Cluir ant. with a chip" to the Owner, w:th:n sixty (60) days after receipt of the Claim, stating the srro'onts Lhat are undisputed ,u.d the b:ass `'cr chat:_r:;'.' .t;: amounts that are disputed, and § 7.2 Pay or arrange 1br payment of any _nd:sputcd amounts. § 7.3 fie S,.arery's faiit;rc to diaohar7.e C-;; tl7:It�7'Ions t;r.dor Scion 7.1 or Section 7,2 sia`idl not be deemed to ec-nati`.ite a waiver of defe:'.sei the Surety or Contractor n:a, have or acquire as to a Claim, except as to tnd sp_^ d arro.;ors for ;which the S ,r and Claimant have raached a reentent. however. the 1L.r:a Cads to discharge it., oh.:_at:,,as under Section 7.1 or Se::'_:on 7.2, the Surety shall indemnify the Claimant for the reasonable attnrncv's .`ec.s the (Claimant incurs thererr17 rr to recover ary sunia fo'-tnd to be due and owing to the Claimant. § 8 i llo Surer:':, total obligation shall not exceed the amount of this' Bard, plod :he a no'_Irt of reasonable attor'ney's fees provided order Section 7.3, and the atnoar:: of ih,s Bond shall be credited for any payments made in ,tend faits: by the Surety. § 9 :1ir:ourt:s owed by the Owner to the Contractor antler the Cor.structien Contract sital: be used for :he perf rt arce of the Construction Contract and. to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree tea: a:1 funds earned by the Contractor in the perforrnantte of the Construction Contract are dedicated to satisfy obligations of the Ccnu-anor and S.troo. under this Bond, sc'nieet to the. Owner's priority to. 11$e tlae ft.nds Cur the completion of the work. S-2' 49'AS S. 10 § 10 Tito Surety Alai" 11'1: eliabli . to the Owner. Claimants or ethers for ob.ligations of the Contract:7r ti:at are unrzalated to the Constmetion Contract. lrd:to Owner shall not ad 1:ab:e for Ilia payment of any costs or exnenses of ally Claimant 1:11..k7thl3 Bond, and ;null have under this Bond no, no:igen:trial° make piaymeitis to, or give itinco on hela.ilf of, Claimants or otherwise hai,e any obligations to Claimants tander :his Bond. § 1 Th.c Sorety hereby- waiics notice ofanv change. including chances of time, to the Construction Contract or to rela:ei mbcor.tricts, p.mfuse irJers and other obligatietts. § 12 No Silt or action ihali he commenced by a Claimant ur.der .his Bond other than :n a court- of competent jurisdiction in the state in whiali the proiect that is thc iuL•J-2(...-. of tho Const notion Contact is located or after the e,xpiration of -one year from the date (I', on which the Clatnant sent a Claim:0 the Sarety otarscant to Section 5. er 5 2, or (7) on which Ire last labor Cr seriice was performed by anyone or the last materials•.or eqa.iornent were f:irn:shed b.y an:,•one ander ±e Construction Contract, whichever of I ) or (2) first occurs, If ahat pro-, isions of this Para37:apn ire void Jr prhib tied by law, the :in:nit:inn period of .itmaai:on avadab:e to sureties 43 a defense in the jurisdiction of the 3a:it shall be applicable. § 13 Notice and Clair:is to the Slatery, the ()wrier or the Contractor shall be mai:ed or delivered to the address shown an the page on which their signature i1;10elf 3. ACtlial L'accipt of notice or Clairas. however aec:amplished, shall be sufficient C',Ctr.plian::a as of the date reoeivatta. § 14 'A.7iorr. dos 3and has been ft.ria:shed to comply with a statutory ur other legal requirement ir. the location where the construction was to be nerforrned. ar.y :tiro itsion dais Bond c,mr.iciimt with ;aid statutory or :e rgal reqnirernent shall be de;:..t.nc.1;1,..ret:-L11 herefrom and provisions conforming :o stain:or/ or other Itaaal ree..tinerrent 3:14:: be -leerned incorporated heron. When so furnished. the intent is that dos Bond Shall be constraed as a staamer:, bond and not is a common law bond. § 15 MY person or entity apriaarin.:; to he a potential beneficiary ef this Bond, the Contraotor and Owner shall promptly tiamish copy of this Bond .Jr shall permit a copy to be made. § 16 Definitions § 16.1 CI a i in. A writ:en 3.!aienlent by the Ciairnant including at a minimum: .1 the name of the Claimant; .2 the name of the .,aerson for whcoi tho !..tto.mr was done. or tnatcrials or equipment furnisLhei: .3 a copy ..af' the agreement or pair:al:as:a order pursuant to which labor, materials or entr ent was furitishod for use in the performance of tine Constr.-action Contract; .4 a brief descriiati,am of dic lahnr. ra,tterials or ecratiament Etrnished; .5 the date in wh.cia '.,11Straerfbrmodlaiatar cr last ft:mist-led niateria:s or equipment for arsa in the porformmoe 3fhrho Construction Contract: .6 the total ametm: :earned by zit,: Claimant for labor, materials or ecuipmena furnished as of the date of the Claim: .7 the total amount of previous payments receiYed bty the Clairnar.t; and .3 tir total ao:ount duo and a:r.paid to be Clain/ant for labor. ma:or:ills oreqtaipment furnished as of tho date, of the Claim. § 16.2 Claimant. An or entity lax, ima a direct contract with :he Contractor or wail a saneontractor of the Contractor to furnish 'tabor, ri.or or,2.,;,_,4stir.a 17,7 ute ill the ::tertar1,-„,:_.; Consr,xtior Contract. The term Claimant also inchades an !,• individual o: entity that has r tfidi claim tinclor art appl,ciati:e meiiani:' 1cn or sioilar stab10 a2ainst he real property upen which the Project is located. The intent of al -as Boatd :i dbota include withoiat limitation :n .talac terms 'labor, materials or equipmorf that part wator, 2,-,1S, power, light, heat, oil. gasolino, teleplaorie servit.e ar ronlal etta.ipment 'ased in rate Construction Contract, architecturiE and emaincering services required for performance of the work of the CJntractor and the Contractor'isuboontractiatts, and all othor items Co which a mochanic`s hen may be asserted in !he jurisdietion where the labor, materials or ecupmer.t were :Imnislied. § 15.3 Construction Contract. The agrtxmient be:Nr2e/1 the Owner and Contractor ti ta le CUVir par, including all Contract Decturionas and all char4tes Made to the ,rvreement and the Contract Documents. S-2149rAS 3i-0 § 16.4 Owner Default. Fiilurc c E.ie Ou,rer, wh:crnas rot been re:nctlied or w3:v d. to pay the C.ontrae'.er as requtrcd andcr tl:c CansirttcLon C:ntrh.:t or tc perform arcl complete 3r zernpiy with the other mat: rib: !erns :r: th Ccnstr_tc:icn ; ontr et. § 16.5 Contract Documents. AP. :he Jocui enis ±at comp::se ±e ag:eem::nt bet -.veer- the O'n,ncr and Con4 1.ror § 17 if h:s 3rnd :ssuued for Ir 3greernor,; bet'.ve r1 a Contractor ar.d suss, ntrzclor. tb rer:n 3311:_a•sty_ in ;ft:s Bond shall be cteem°cd tc be Su,cc.nt:•sctor anti the tern Ovine: ;Lail be deemed to be Contractor. § 18 Muc i,Trs:tors to this hood are. a..:oilous: . `'is bore :s 3rre 1 :c cc-1ply •,vir„ Section 255.C5, Fiorda Statltes, and any actia- rsrt to cy a c'!ainmart urder tr. s bond for pa•/Irent rust ce in accordance w th :re rctice and time lir'itat!c•^ vctsicrs in Sect on 255.05(2), Florida S:a:ltes. (Spicesr ,_,1:1uc• c: ,w-Jur:r; :::t,n i.signulrrr :s qc1,io4.h,rties. other ii L7r1 tile. r ppearing ort :its CONTRACTOR AS PRINCIPAL SURETY Cc rr1pany: tCorooroiL Sc o Company! 0iclC� �L gic SIgrialtir,:- `-utre a1:tf Ti .1;wess 5-2149%AS 5:10 e-1-6r as,r(d)QL (OS- 0 AcVG ULE ter` Signat.ire: Name and Tile: Ajtdreii /r' Jf t �r 1 LJ (Co7arite Saar) lhs A. Ar.hur Attorney-H-Fact 1314 E A;:arfic Blvd, Pompano Beacr, FL, 330.63 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5503961 This Power of Attorney limits the acts 3f those named herein, and :hey have no authority to bind the Company except in the manner and to the extent herein stated. Ce,'.iflcate No, Amer:an Fire 3rd Oast: ly Ccmpary Casuaty irstrz^ce Company `test Lrercar. psu'ree Catraary Ltery "I_:L?i rs,,erice Ccmpa^y Peer'ess'ns recce C. rpar'y POWER OF ATTORNEY ThESE =FESEN-.3: Tr rrercan Fre ;al', _ •rcary and _.-le Dh:c Casualtp'nsurance Co n: ary are corperaturs d..iy cr3rized „weer the acvs cf he =1a: ct Ott 3. hat _betty `efutua 'rsLrar.e 7.tomaary s 3 :orperaL3r -.;f; - zed _-der -he aW's ai t-e ._rate of `1asaacnLse;ts, that=eer'ess 'rserance Ce:mpany is a ;nrporal'Ien d:ly : g3 :. _ r :he aevs of the State •;f 3w Harts .re arc h;a.,t a trsLrarce Ccmoany 3 3 ccrperaiicr C- y crgar!4ed Jrde- tf !ens of :he Skate of ndfara hera:n ccllecnywr :a, e..r e 'Cdrr:ar'es'„ pt:r;.art :o art: oy a_thicti!Y 3f.31r 31;: ecru.:ices "ereoy "31re. Gars:lute arc appoint, DIRK D. n=JONG, FRANK H. FURMAN JR; PHYLLIS A. ARTHUR or of :re '.:it'y Df POMPANO BEACH, state of FL ea:l' n:,J', cur. y f there be r'1crn'.han one "aced, its lie arc 'aueful a rre'V-ir-lac::o rake_, ex cule. seal. eakrowledy'n and oieivr for and is cereif 33 surety a w 35 Is act and .doer 3ny arc all .:rderaAnys, bonds, reccgriiarce,s aro corer stirty oaiicalicrs, in aoruance of these preserts and 3hail be as binding upon :he uerpen es 3s f they rave beer c. y signed 3y the pros dent and attested by he secretary of :he Conparl.s r their own proper persons IV 'r51 TE SS .I -EEC =, tz s 'ow r :f 3:tc'- et' '?a5 teen 3Lds, r zed by art 30hcrb:eta ofiicer or official theCor-par es are ".he :orperate seats ;' :h e C e'n anies'1a're aeon affix e'd tr o'?:C t^is 2r9 day of Aaguel 2012 , ro �. ,,-7-^•.. A.r roan Fire and Casuaf'y Colcary 7-he'ClioCasLalt'yr rsurdroe „Cfr'r.ry N °�= a ' tarty Mutual ns ran e Cc parr a .ft, . 1 Pee-'es5 las_r_rce Com i'y . ! �r a: + , �r' eit.�1'':ericar .r3Lr'Pee Compary 3 By! 0 0 v 0111 G? 0 fl. Q a� Gi C O E a7 N0 4 ART,CLE i'J- OFFICERS ion l_ Pc'wercf 4ttcrrey Any off cer Dr other or,c J: of the lerccrar'cn a trerised "or :h3.t. co arse n'nrtirg toy the via rranorte -resident and subject 4 :C = SD :h ITI t : cn 3s the C:"a Fran or the =resit'3e: may pr^,s.;r be, stair deco "t such 3llr. revs r,-rapt as may be re ees3ar/ :c aot :•e^a f ,,f the Caroorattort to rate, execute, seal, T� 3C<':'hiecgo, 3f1i 16',er 3s 3L'ety arty 3rd ail ender"art,r,gs, bonds. reocr,rI'a"Cos 3r ct"erurety pblly n or, :'F n altc nays- r-fa.;t, subject :5 the ;hrrelicrs set fort- IR their r95pecttye qJ cal' r pf � st'c.-ey, 3'al have over to bind ha �aroar3r oy their sigrat_ra ar.d execution any such ;nstr�mants and c dt:acn t"eetL :he seal of the Carporalc When so > 3rieL''�:e=t :Loh ns:rur3ris shall ca. 351Ir.t:ir; yreC Cy the » '3"1 ;: r'.l 3t1LStc'd :Coy the. S c:s:arj..-1'y c;A nor 3..:hoot': `3-rod to any gip. es:irrat: e r at`crr.P_y-In-fact Jnce' ttla the )-oV s . 7f ".a ll'Ir,tF, 1"ay "a re'lok 1 3t 31'y ^y `"' Cra,'n !h3 shairmsn, 'he resent pr by :he If : rnr3 ;"artirg such octive'r :3' 3Uli'.3,'ty. CI E' ARTICLE XIII -E.- L , ,r 'spec— SE Oi, 7 Surety 33nde and Jnderaf'=''gs , iftic3r tre, ,orc3r act ' r 'c' at 3L-cose n Attlitto 7v re :halrntan '-:- pres.oe'-I, r� arc 3Lt act to -Aeon •Ir"1.3t _ 's 3s the :hei Ian :'the !ores cent ray pres:rtbe 3h311 apcc nt sec atf;,rndy -in ru.,_ :s nay be 1eCsssnry to act in Dora' the 'Ccmcrny to a execute g O seal, ackrx-A, edge 31h: ieirAir 33 34Jr-17 ?rJ 3 d 3i1 ur1(:er3Ke ,gg., Jorri recocrtrizarces and Jt-e- surety 3o:1_rlrr5. SL:r 3:10.`ey0- -llcf attoreC :o the'ro aliors set'crt r `•%31r u ue. ;ect. C'39r3 3ttorrey 9t1a11 "':ve {IIIooLt,toor tc 3lr i 1:. '.,crcary ay .Meer 3r na€ arc exec' : n :t any 3L ch , strrnerits ard to ah35'1 :here:C the sea; 3f he Company When 3o ' C u7 execited etch rah -Li -tents shalt 3e as b ai 1° 3S f signed : es:cert and aiested bysac-ntar ay ar�• 'h3 3 r, Certificate of Designation - The P'`xidert of :he Stor•ce:v, acing 3;.rsuart to `fie allows e' the Ccrlpary, autho•res Gregor, 'Pi Dayercort, ?ssl3tart Sec:rotary :o arpe:rl such. oltc"ey-'r-fact d3 may :'e 7e.essa ;f o dC on''3e.:'eif cr , s Ccdrcany tC Moser excs:e, seal, aclnc',4 ed-e erd de.';er Js surety 9rr .nd 3,1 .ri''_rtar;ny3, bonds re:egriza"_es and other surety •obligatuns. S7: ss C,CLN"Y OF t t,"a G'eg' ry 'i:, Deventer., ?.as atinl Secretary ': n :, s 2r3 day '.' August 20' 2 '2 ;re Te pars:rally .appeared rr•;c'rf sd.-aserpert, svho a_4:..vr Ear, d nstrseff to he treAssistant S :,eaaty cf Aner can r re and Cara y r-.': _,ber^r'.'; e Ir3:rorce �•;n':a' -'.-.;hlf, 3asi.311r °,erraary, Peerless °rsuranca Corrrtary s'.:',Nest Ar'encan ns..'.erce Company ard that he. as suc.l. being a.- tZiorized iC tc ,! -L,te ± „ `rr?aC rg rsir. rr sr l _r . pifr,CS's Ih e n ccnte.nei by s g-ling on behalf 3f '.ha :crJcrat:cns by ,1lrsei` as a duty aLt"or:9d:tficer. 1,, A, ' _ . !t' E.'= ;F ' 7 .-tot e, r C sl 5._ -y u ie and a'3a.rad my notarial seal. at SeatSeaete, 1'lasr, irytcr cr the jay ard year1r31 33o e Nrt en By: Kb1`it Let,f KD Rey , INo'a J II: a':ker of ,Lr"et' a ra.:e axe ...tr.�. �I,r3l=di ..L outer oy '_ L e c'ic'., ri. 7y-iayas 3rd -'..thc 1za1ic 'S of roe :an =.re and _:asLafj ua"'p iny. the :ills 03SUalty l rsur3rce ntro,= tart ',IDtL3i Comport/ 'ties- Aire:. can 'nsuroroe Ce Hoaryard Peerless IrsLrance Co npen'y, a :oh 'CSOIL! C:'3 3'3 new .n fUil `tree and effect reading as follows: A.uthorizatio n - 3y Jna-irrc _s :crsent 3r :"e or oary's Board cf -ectc•s the 72.onpary consorts that �ar imiie or mechanically repradLced a g -alure of ary assisrsrt 3e. reran of he Gcmcary. wherever aaoear'ny Lpor. a .e ifiec ;Coy )f a:y pcwe :f ait_rey ssued by t"•e' onpary n ccrrectie.- th surety bonds, shall oe ya c and ok:ing ;.con the ^)^kart' with he same ore and ef`ee: as t!lcugr rrsncek 3ifr ed. I, Day.d 1'. Carat' he ur ter gr::d, Z3sist2rt Sccrot3r; .r .s,meric3l: T r_ ard CeS ;aitf Company, 7ae Ohio Cas°..a:y I"surance Carpany Ltbert Mutual .rsur3-ce Company, infest A:'ericar ns. r3rce r:r•oe'y and Peerless IrsLr'3r1c,e rca-y do -e teby ter iti :hat :he cogiral power of attorney of .ur,ich the fe•egcirg s e fL true aro cored cony oFthe Power cf A t:arrey executed 3y said ,o Wren es, is in fLl' rc'be 3r.d elect and -es not oeen revoked. 17 day ,:: Ta s;]ary 2? ti 9 %�// By. Card PA ev.-Assis1art Secre!ar'i ACC)RD CERTIFICATE OF LIABILITY INSURANCE CA 7M•"`Cr.-C':, TH'S CER`: ICA-E IS IS.i.ED AS A MATTER OF INFOR'r1A.TON GN_Y AND CONF=R3 NO R.;:H S JPON THE CER- FiCATE ICLDER, �teiS CERTIF GATE DOE3 TOOT AF=;R7,1AT'VEL'f OR NE3A1';'IELY A'. END EXTEND DR A_TER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE CF iNSUP.ANCE CCES NOT CCt ST:T'..T= A CONTRACT BETWEEN THE ISSUIN3 INS.:RER(S) AUTHORIZED REPRESENTA T i'/E OR PRCDLCEER, AND T-1E CERTIFICATE HOLDER. IYIPCRTA,NT: If the c,:rt fir:ate ioldar is an ACC'I'ICNAL INSJREC', the pcrList ca enp.rsed. If SJei?OGA`ION S `NA'JED. s'.Iclect to , , the ;arms and coneitlons of the policy, certain pcli ,'es may rent.Ir3 an endo•sement. A statement on this csrtificato woes nct center r'.yhts to the certificate 1'cad'e• in lieu c' Sue:l endor3ementI31. aR07f/ ER !._"i it C.:, _rag- L_..>. raTaraz .-1 333.1 w Jh _ _ a,.OYE to _ i Ja.i a3".,4Ei5 :.3i1"•,,--P'.,_w_,...ve-1: .. cr)rn ;'J`,tTC.MER'6'V I_345 IN-SIRE4r51 AFFC'+OINS :OVERAGE HAIC 3 I NLIREJ 31: N HiaL:3 :�''.^_rn''._ rL. 33:1; INSURERA-B i'.-?fi3'_d Er.lrTh'i'_3 I _3 CC 1:J701 INSUR=Ra'P. _• . -i'__ r•".d3T*•.i. `' '`;^53 INSURERC: rNSJRER 3: NI :RER COVER .1 2 E3 CERTIFICATE NUMBER REVISION NUM3ER: - - • r _I-E TC_:CIES CF lh3 Jn.y:'l.J'i _I3"ED = - i- `l=-1',IEE A3C;'+E F OF. THE PCL iCY y_ _ `i. _ l-H3 T:iNEI'yC ANY RE':.D.I''?w,l_v,"' `E-r.1 3; 1- TI'.,I �I.,AN, _N �' 1-.ET < DOC'JN1EVT iiI---.! RE=S'ECT-0 l,r.r .',41Av BEEIS).,E' CF `.Ir i PE'=-Aip! T-E 1‘.3'_RP ED 9 _.3 ...? BEC HERE., t S S:,B.0 ; T L:_ c TER','3 E;<CL.3 ON S AND CCNErr N3 CF 31.CH=CL.CIE3. '_::',III 3 SHIJv , Fro AY iM ,E 3=='E : _r:-ir 3'1 PAiD CLk.iv13. NsR: �:.CCL'SJ6:3l 47511CCar=Ya'GA.=C,•er.amr- - _FR . T'50� F.312N,AiCE .r:i ,y.7 I. L'Cr'':.IBE? 1L.MITS ,.x."4ER.tiL LA311-ro :EAv.-w'3'11",E'. - S .;'2,1:HAE-4:'A_ GE`.L:?,,_'.IAP IJTY 3-FES•" , = r = . -r r .r i If _ '-' +'t2NAi 3 ' ,'CF" 1 __.VF..?. J:=•- -'r II 1 , „E','L a3 GPE;',A: F, L %I T '•.FY'_.E i '°i'. • ,ta ,I,I.e: I .E.CrA-l:--r a a. 0 I t Intl 'I,' t 13 ' A. at. iIL_�a3.U'f �;� i\V C'rGI, rf:: LE 1S t 3OC1L hr., . ? ! Par-ers,:a'., ' 3 I AL1 C:":NECALTS /113 IL' IPN.diP' P r _c:,:inntl 3 31;t17CLL3D AUT:3 3 rF{}C sG7-c fl {'�r a�cicar:l 1 ! 3 NON-0;'.TIEL.IIi=i _ rl • 3 • Jrid6r31.t'_IA3 vl:P.lF ExCt•,":'_[:LFFG'Irc 11 :X-1-E.33 ILIA.-3 CIA VS-,`,L-CF f' AG,P=3A-E ; 1 al_-•N- ci i i 3 W0RK=Ra 0112,E 1S a Cr. ANOEM'1.OY.R UA3i f i' . 4 -•ri 2 i 11 - r•) L 5. 1 5 _, 2 : _ I X . T h ' 3 x w;.T11_ 41 =a Y.N 5w'+ FP iI-7 ,,AR. 11F°r.CECUT::F+ i 1 A EL E:+ HA aIfFV V.,0:). Sti•1 NICE MC 1 -Fi c L P.3- I 1Mardator, In NH, ` 5,1 CI AGF - FA . 41r•I.O F- 31 ) :3. 2,%') If ,AY, iAscr tt jr�e DIE Stik.,' ION,_F.P_?,� 'CiL•'.aTn• ' ! 1 1I..CISwAa[ FJLC-'LM1` i;.7:•1 ,C,3 :0 t ra-7C3r3 P0.1 j'.__.::t Li1b__liw-t Tr,Itict i z_d a" 3_ 3 .• , .. . ,-.•11 i33J -'_ 1'f. i. .'.)1 s I , •,i 2:11 rat ]:i __ ;y'_: 7�_ 1, :,},:, tl-.'] So1wr-..,n C�nai.c_:,n L:3C d: . c.ttn-.y A.y7r®.,4._ I. 34C•. 6'C DESCRIPT1C1w C.FO"E4A"'C'S L-:CA'1oNs "tEl $C'_ES 1A:tu::l1 d.CR. t0'. aaalilulcai Rernurlts 3w:now:ule. rr Tare Waco 1.s quiradl _.... DROM ._d,ntrect f:: :. w-.e.. Li-_.na C•:3L;:'. _7,3:alia:i:.. , .. -3a_ra il Yai77.enance, City -wiie, I1P ti,D. 23236,1 CERTIFICATH HOLDER CANCELLATION _iEvof y-:aC _ 4-tSW 2nd Ave' , 8 tt [1 cr >1L31r,- FL 1130 SHOULD.ANY °OF -1-E ABOVE, DESCR1SED POLICIES 3E CANCE'_LED BEF3RE -HE E. <° T:ON DATE T-'ERECF, NOTICE NU 9E DE_IvERSD IY •SCCOR311 ,.:1H :1!-H THE POLICY RROV:5iONS. AJT'CRtZE6 REPRESENTATIVE e <<� ACORD 25 (2009.091 1333-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A CCoRag CERTIFICATE OF LIABILITY INSURANCE ,`.fi4.2314 THIS CERTIFICATE IS ISSUED A3 A MA—I'ER OF 1NFORMAT10N ONLY ANC CONFERS VC RIGHTS UPON THE CERTIFICATE HO' DER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T-IS CER"IFICATE OF INSURANCE DOES NOT CONST1TLTE A CONTRACT SETNEEN THE ISSUING INSURER;S;. AJTHORIZED REPRESENTATIVE OR 3RODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the car.;f'cati ho:dcr is ar ADDITIONAL INSURED the pal Gyres; must be endorsed If SUBROGATION 1S WAIVED, subject :a :he terms and :ondil ons of :he poiicy, certain po ,c'os may require an er..dorsement. A 5:ate-me rt ort this certfIcatc does not confer rights :o :he cortstcate ho+dor in lieu o* sl.ch endorsements sl. Rceucai ar:. H. F.e—a', 'ru. 1314 East Ar,'antIe E^ro P. O. Box 132- Por-pare leach 1VSURe Ha'• epvw r E e;ir :; Irc 3' C. 'N ' 2r3 A:enee a ^ail 33.-26 "C+.'Avr RCC�r',1 Menendez 4aYfE; Pi -ONE FAA C Ma.js{1 ISS`'' 341-7C5r. •A.C.Na! CI-4.' Q4: E 51AIL Ao0Rr:3$ rnt a''rtt!Ctirmanu3 LJ nLa -1c- fksUREPI$i AFFORD NV° C:VE?AQE IN$LRER A: Lexington 'Raul 3^1:e Co MAIL 19437 'N3L'RF.'t 3: A-le'!cart Guarantee 5. L :l?:ill"! 26237 IN$I:RER x: Beartey OroLD AFE325:23 INSLRER ]: INS :Raq 5 - COVERAGES C'ERT.FICATE NL`1:rvr.7 REV1S;r`N N1J .LEER. ifzi CE 3H •n c,- V :17-,.3- tl_iP At.. :—FCA- t.1.•1 BE SYUY.' r t..L__'+3r•-3 \T._ .:".,Cf' t.3 3 .7 _-'IE!'+- =.'.t'r =_Lt'.!r 7 1,,,: y.3',e.' ;^ ~ - 7. 3E=h SEJC '_ TO --E I{'+�U=aC `+r'.`•I �F _ ':E ".-E PCLC REPICD - - ;r t'iV C::Vw— ,AC— FOR 7-E1. CCI:JMENT N.-.-! .i.E_ =C7 TO Ado.DH T-IS T r. I 37 T-IE P:L1CIES DES•:P=Ci. hEic,ri l3 3U3..E.3- _ ILL In-E 71r.1`J3. ',1- - -1Etii RED-C3J 3'• Pt•d: :L3iM5, T.rnc '.F-NSUFA r{,;c - sr_ P ..tC'!EF= POL.CY EXP r N'_4tRER •MPL')Ji'^Nv' I ipM,_C`Vy'rvl ciurs y GENERA, _JAell.re X C EMt•ERC JL _cNEZL I naLTY �; - ...f24 U .'3:2:3'3 _ ..,_..'.1 _ACN F CC,F R'\-- ; t '.C.'.QG- pl.: -cliES -a ra:m^,Ca 5 5f X13 Cra :: 4,1s-rr G= j X i CC;L? ME7=sP.Al:aa.9_•nrs3^I; s EXCLiJJED A per3CNAL i.K:'i Vdt.Rv i 1 CCO0CJ . C.E!..€4 .A0'+E-AT_ 3 , 2CC3 DC e.. _7 _ '-r..dr:'' e,P. .-� _ ,. RRCC..CTi-COrJ-:CPAGO 5 2 0,71 AU7-304Ga,.. _ A3'..r,1FT ��1 ;v'.. r�',`yy '=C hl\??R'1/441-rtk--.'(�t 1114 � y1 !� �+ /// i % N 'r/ ,,,,. !EC i 11!:C.' 11.I'. Elr cca F i R F r Tletsn.'. $ it LK N...Hr Fsr 3c.luar_: 5 -scu14 ,f. G_7:0, jA t7..v'i T..... 3 ^ s._:E5..::r _:AO. .1-'4:L, �ry:•t;; _1_20 1,,- _ 3 0719:2.'-_ AQ'r-- �rr113 53I33Q1 ie i 7,1,1"rel, t N=uP 1(ERs COMPENSA-XN AN1 L'IP_OTE:73 JAa°LITY v' V +r.I =PGPs?IE";F`P 4n'Ty"wE <E':LiI-E . .IF•R"F 4trir''l' t:L_DE7t 1 N ' A Mandator; 'n N.H. , 1. irrrto .miry iv;; :-iT'.- '.1 t- T:P.Y c if...5... ER 'L. EACi AP71C"c Vr =.L.0 17.1_E Ex L'MP'.,:Y_E,, 1 1 _.-.- il^,s•4. prll..l:.'r .;1k1, , a i 01Si'21.3i LII'., I .r'Jd'13 t v-' 1 'a i23'- __ _.11 .'a=1=CO2:3doaJ-3' .2.er 2.•a �na,2m; 1 9 r • la,m Aggregate 32r09C' ,dIX S2,300,000 JEs+;+3ie71LN OF .;,t.:.. n:'1,; ..; CA::(,b. 3. 'iE •Ic_E3 AI!3 '1.1 _•JHC 10i. . itdi 9nal inn•;r+tn is;vUdI,,e Hole etlacu 'c rsgrrauul ,E :BONI Certrac; ''.' 5 271 ;1;'•Ir'3 ; asl^, !rsl,i,',1:.•dr, ?-il,alrs, 3, Ma nter'anaa Cil,wide R,FP No 332 0-3 1 C:ty of hlijlr!i i •.-red as A.:o'icnal 'r•,Lrec fcr Gene/al L,abi'ily, as 'equlrec oy Wrten sr:ra.t. Cc"tractual L at: c., s • :Id a:.`1:iy L:1r:.'- !•i 3?nri'al ,.ianlllty pol•cy. The Insurance evidenced Dy this Cer'.:'iCBIC sl•all ;::; "1" i . t, ' _:" Grarcributory t3 any other if`S Jrarce Jr the certificate 'c der 7iirty ,i1 da ; nc€i'ce cf :,yr-_=! ,; . 1 ;rdp'ies. except 'C days natica of car;oILaticn for ron•paylrent of prlrriurr, CERTIFICATE HOLDER CANCELLATION Ci:, cf Miami 441 SW .__ ❑ri EU- fact' l ilult' FL 33'3D SHOULD ANY OF THE ABC4E DESCRIBED PCL1ME3 BE CANCELLED BEFORE THE EXPIRATION DATE 'NEREC,, NOTICE WILL BE DELIVERED IN ACCORDANCE ''MTH'iE POLL:, PRO4ISIONS. AU'HORI7E0 REPRESEh'A7 vE Cirtt De erg Rot ACCRD 25;_U1;:05 'C'1983•2U10 ACORD CORPORATI A)ghts reserved. The ACORD name and logo are registered nrarlcl of ACORD CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS TIE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TER4IINATED WITHOUT GIVING 10 DAYS PRIOR WRfTfEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 CAYS FROM THE DATE WRITTEN. THIS CERTIF11.ATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. T Car:; that: E STATE FAR',f MUTUAL AU-1'01.10E1E INSURANCE COMPANY of Dloor, inggtor, I.:r.clS G STATE FARM FIRE AND CASUALTY COMPANY of B coming+.on, II,Inois • STATE FARM COUNTY MUTUAL INSURANCE COMPANY OP TEXAS cf Dares. Taxis • STATE FARM INDEMNITY COMPANY of Boomington, Ilifsa+s, cr ❑ STATE FARM GUAFANTY 1NSURr1NCE COMPANY of Bloomington, Illino's has ,overage in force For the following Named Insure: as shown below' NAME INSURED' :;..a-E-ct,1: ,1_ T?,_ inc ADCRES,S OF NAMED INSURED- 31^,3 71 22 " a:;1N E [-1TAIEA , F:.. 3:: :.1-..23 . POLICYNUNI3ER 1744743 _. 53T.C_3 _ Ea^F ECTiVE DAT4 C= POLICY 72',_ '.3-:1: /75'14 ' I 1 CE3CR`PTION OF VEHICLE (including V!N.. j „`iv LlAailJTf CO'EA.GE' YES [3 NO ] YES 0 NO • YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITf a. Bodily 'niury Each Peron Each Axidert, b, P-oaErty Carnage '0 Each Accidert iC1y"I'i' l. „• • C. Ecdil iniur & PropertyDarrage Single Lirrit Eac!, Accident -, 7 i 2. C'JC rr,.1 j if L4 F tf 1�IL ,� PHYSICAL DAMAGF COVERAGES a. Corncr?hpr,lvc j 0 YES 3 [] NO C Iductibie ] YES ❑ NO Dedxti e ❑ YES $ YES i 0 NO Deductible U NO Deduc ib b. Cailialan ❑ YES 3 [] NO Cedechble ❑ YES 3 ❑ NO Celuctib-a .J I YES 5 ❑ NO Deductib,P ❑ YES S C NO Deductible EMPLOY. RS MCN-OWNED CAR LIARILIT/ Co'.Y?ACE YES C-i ,NO E YES 0 NO E YES ❑ NO YES 0 NO ■ MIRED AGE L.'A2ILtTY CCt.'E'dG 0 Yi~S C7 NO ❑ YES C NC I ❑ YES • NO 0 YES MINO FLEET - COVERAGE FOR. ALL, CANNED ANDVEHICLES LICENSED A�[OTCR te'ENI :L a NI3 0 YES ❑ NO YES 0 YES CI NO 02 YES • NO 6593 01/13/27,14 Styralure Authorzed Representative Name and Addrpsn 3f Cerl,fic3!e Holder C7.37 r.:..:ATM tiN rE Cw KTa'T 441 SW 2 MAXI. FL 3 ? 13 : Ii�3'�RwW ; Cs:("[ E':e. S'T?F.. T L,7.31-iT:, t D!1.3Ii l, I:i3 '3:. A I'5" r R?2&T?3, S MA1 TEPL 1-4,1DM SET N.. 2523 S, 1 Title Agert'sCode NurtOer Name and Address of Agert FANNY MCRIN !-tiGENC'! STATS f A,.:1 Itv3CRPP N �Z COMPANY 1;531 N it"xr;Y ORZ7E 5-;IT: 111 M''MI, ?L. 3319a` Div tiN-F.RNAL STATE FARM USE CNLY. D Reot.t st Permanetnt CariEle to of In uraroe for iab+lit, pnvarage. 1 429.3 Raid 17.:6-2Cad 0 Row ;t Certificate Helder to De added ar Addltic nI nst.red