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Home My WebLink AboutReso 2004-706 RESOLUTION NO. 2Q04 . .:Il2..~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, A WARDING BID NO. 04.07.01 TO HORSEPOWER ELECTRICAL, INC., FOR NE 159th STREET AND NE 174th STREET ROADWAY LIGHTING IMPROVEMENTS; APPROVING AN AGREEMENT BETWEEN THE CITY AND HORSEPOWER ELECTRICAL, INC., IN AN AMOUNT OF ONE HUNDRED SEVENTY.NINE THOUSAND NINE HUNDRED SEVENTY. ONE DOLLARS ($179,971.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued Bid No. 04-07-01 for roadway lighting improvements at NE 159th Street and NE 174th Street; and WHEREAS, the City held a bid opening on August 9,2004, resulting in three (3) bids being recei ved; and WHEREAS, the City has determined that Horsepower Electrical, Inc., was the lowest responsive, responsible bidder; and WHEREAS, the City wishes to contract with Horsepower Electrical, Inc., for lighting improvements for NE 159th Street and NE 174th Street, in an amount of $179,971.00, attached hereto as Attachment "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Award of Bid. The City of Sunny Isles Beach Bid No. 04-07-01 for roadway lighting improvements at NE 159th Street and NE 174th Street, is hereby awarded to Horsepower Electrical, Inc., as the lowest responsive, responsible bidder. Section 2, Approval of Agreement. The Agreement by and between the City of Sunny Isles Beach and Horsepower Electrical, Inc., for roadway lighting improvements at NE 159th Street and NE 174th Street, in an amount of $179,971.00, attached hereto as Exhibit "A", be, and the same, is hereby approved. R2004- Imperial Electric, Samson Pk Lighting 1 Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 9th day of September, 2004. , ~, 'J :, 'ATTEST:: " '\..' " '~.,,: ',.:'., ..~..~.~..' ,'~',', cti{" ",: ','" Jan~ A. Hines, Cit)lJClerk . ',-. Approved As to Form and Legal Sufficiency: Moved by: ~~~l1ffJ~IGL<[~(A-~ Seconded by: :i..1C~c. ffiAl.fhe. C;f)()~M~lV' Vote: 5-D Mayor Ede1cup Vice Mayor Goodman Commissioner Brezin Commissioner Iglesias Commissioner Thaler l/(y es) V (Yes) ;:(Yes) ----:-+(Yes) --L(Yes) _(No) _(No) _(No) _(No) _(No) R2004- Imperial Electric, Samson Pk Lighting 2 CITY OF SUNNY ISLES BEACH NE 159TH STREET & NE 174TH STREET ROADWAY LIGHTING IMPROVEMENTS THIS AGREEMENT entered into this 5 \S~ day of I+u.GLt~.., 2004, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and HORSEPOWER ELECTRICAL, INC~ (hereinafter referred to as "Contractor"). WHEREAS, the City maintains the streets within the City's limits; and WHEREAS, the City desires to contract with Contractor to provide the services described in Exhibit "A", and for the consideration hereinafter named, Contractor covenants and agrees with the City as follows: 1, Services, Contractor agrees to furnish all labor and materials in a good and workmanlike and professional manner, to perform the work designated in Exhibit "A" attached hereto, which is incorporated herein by reference, The services described in Exhibit "A" shall be performed by Contractor to the full satisfaction of the City, Contractor agrees to have a qualified representative inspect the Property on a regular basis to ensure all services are being performed in accordance with Exhibit "A" and shall report to the City accordingly, Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to Property, improvements and persons at the Property. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed, In the event that the Contractor fails to complete performance pursuant to the terms of this contract and City must undertake the completion of performance of services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion ofthose services and any damages the City may suffer as a result of the failure of performance by Contractor, 2. Additional Services, If the need for additional work or changes under this Agreement is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 3. Payment for Vendor's Services. The total price for these services is $179,971.00. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges or tasks reflected in Exhibit "A". The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor, 4. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty Page 1 of 4 SIB Horsepower Electric Contract Attorney/Contract, Agreementljb (30) days written notice to contractor. Upon termination, the City may re-bid the project if the contractor fails to perform under this Agreement due to the undisclosed conditions. 5, Insurance, (a) Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, contractors or employees, as more particularly set forth below: General liability insurance, including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($ 1,000,000) combined single limit occurrence, Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured, All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 6. Relation to Parties. It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Contractor and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and supervision of the work to be performed hereunder. 7. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 8, Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable for any violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars ($1,000,000) for claims arising from a single occurrence, Contractors indemnify obligation shall extend up to but shall not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any mechanic's or materialman's lien against the interest of the owner of the property. Page 2 of 4 Horsepower Electric Contract Attorney/Contract, Agreementljb SIB 9, Assie:nment, This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction, Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever, 10. Term. The term of the Contract shall commence upon execution, and shall terminate upon completion of work described in Exhibit "A". The City shall have the right to cancel this Agreement, at any time during the term hereof, upon thirty (30) days notice to the Contractor. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is on the essence of this Agreement. The terms of paragraphs 7 and 8 hereof shall survive termination of this Agreement. 11. Notices, All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Christopher J, Russo, City Manager and one to Lynn M, Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor: C/o Hector P. Ortiz for Horsepower Electrical, Inc. is 8105 West 20 Avenue, Hialeah, FL 33309, 12. Governine: Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 13. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay. for services rendered as of the date of termination. 14. Attornev's Fees, If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of collection and judgment enforcement. Horsepower Electric Contract Attorney/Contract, Agreement/jb Page 3 of4 SIB 15, Miscellaneous.!n the event any provIsIon of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes, This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understanding relating hereto. Any modification of this Agreement shaH be effective only if in writing and signed by the parties to this Agreement. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting granting such waiver. 16. Conflictin2 Provisions: The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above, BY: WITNESSES: :t';T't~$T: ," , . . J '~ ./.'~ 'fihuk . ',' . ~'r {,<""") ,,~'~ '), _ .::\-. ,:~;: :~ j ,,~~ ~'. ~lAJ'~". C IT'(G..~I<.. ~ . \ :; .. CITY OF SUNNY ISLES BEACH :, -, Attorney !." \\ . -' ~, City of Sunny Isles Beach 17070 CoIlins Avenue, Suite 250 Sunny Isles Beach, Florida 33 I 60 (305) 947-0606 phone (305) 949-3113 Fax Horsepower Electric Contract Attorney/Contract, Agreement/jb Page 4 of 4 SIB -- .. . ..". .'.' . . . . . II . I I I - I I I I _.._----...~~ Bid of ~~ ('~t'. Cll'y 4tJ(;() ~l> 0,(: 0,(' .9 ~c~ ~1I4'), <'00(- Ot' '/II' ., ~ l'~~ IS{~ !lfJE.r E.,Pow E/Z. ~ M:... /lUG ~,.-0C, ~/ry ~ b4~1t -- ., / ~-9t riDS IvZoA~, ./-h,*~~, n,JJo/t( ,;;t1~-J5lf-9u?O ~/9Y?3OS:P /9-1I2Z2- ~._- r- SECTION 00300 BID FORM Address Phone to furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of: PROJECT NAME located in CITY OF SUNNY ISLES BEACH. To: CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 331 60 The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or combination of items stipulated. Unit price line items shall include cost of implementing all applicable safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual quantities required may increase or decrease. Bidder further agrees that payments will be made on the basis of actual quantities placed and accepted in the construction. Exhibit" A" 07/04 00300-1 03-4174 . . . . . . . . . . . . . .' NE 159TH STREET & NE 174TH STREET ROADWAY LIGHTING IMPROVEMENTS Bid Estimated Item Description Quantity Unit Unit Price Estimated Tota' General 1 Mobilization per FOOT item 101-1 (<5%) 2 Maintenance of Traffic Per Plans Sub-Total General " Electrical 3 Installation of City Furnished Single Pole Mounted Fixture Assembly 4 Installation of City Furnished Twin Pole Mounted Fixture Assembly 5 Precast Concrete Base 6 Service Rack 7 Pull Boxes 8 FPL Furnished Handhole 9 Conduit and Wire to include Pavement and Site Restoration Sub-Total Electrical LS 5,<XX)'- LS 3 '2 ':>L.' soco -- 32. s-n- 8'2S{) - 9 EA ~ Co',4J ,- 17 EA U Cf. .- /3,583, -, f . . 26 EA -A 5V ,- /1 '7aJ, - 2 EA ql}91..~ i~99g, - 19 EA ~93 - /3; Iw'/,- 2 EA qC'- .3 7(), - I ~. LS /?b. /L/2, .- la. Ilfa.t , , /7/. 72/. - . /k.-'lSlf?OtJ,r./7_ &-/[C ,/,i? Ie -h(. , / (Contractor) 07/04 00300-2 03-4174 I ' BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bo!,!din the amount of $ 5 % (not less than 5 % of the bid) made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to the undersigned. The undersigned Bidder agrees to commence work within 1 0 days after the date of written Notice to Proceed, and further agrees to substantially complete the work within 180 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. The undersigned Bidder also agrees to complete the entire work within 180 days after the Contract time commences to run. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 90 days after the scheduled closing time for receiving bids. The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of $500.00 per calendar day. The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of final completion and the actual date of final completion of the contract work, the amount of $500.00 per calendar day. ,. 07/04 00300-3 03-4174 ADDENDA Bidder acknowledges the receipt of Addendum No. 's 1. , 2, , 3, !3zc.lAPr ,Z,FJ # / Dated this -L day of g (month) Contractor: Address: * SEAL * Attachments: Subcontractor List Bid Security Trench Safety Act documentation 07/04 ,4, ,5, zooC;, 5LJO?/JJ (year) .~l ~ END OF DOCUMENT 00300-4 03-4174 08/06/2004 16:53 9544254722 MACAW DESING & CONS. PAGE 82 To AIl Bidders: Sunny Isles Beach - NE 159Cb Street &, NE J 74th Street Roadway Lighting ImJX9:vements RFI # 1 The following RF#l is hereby issued via facsimile, It is important to FAX BACK YOUR ACKNO~EDGEMBNT OF RECEIPT 10 CALVIN GIORDANO & ASSOCIATES AT 954-921..8807, which is ~s cover pa2e with 9lle of the "REGEIVED" boxes checked. Thank you, In response to RFI's from Bidders please assume for bidding purposes that "all FPL related work will be performed by others- RECEIVED? ~ o YES, RFI # 1 and cover sheet was received. NO, We only received this page. )/O/ZSI"?Pot-J1VZ L.JZC77V'c/ ~c. I TRANSMISSIll'< VERIFICATIll'< REPORT I TIME 08/89.'2004 05:45 NAME FAX TEL DATE, TIME FAX NO,/NAME DURATION PAGE(S} RESULT MODE 08/09 85:45 19549218807 813:1313:17 01 OK STANDARD ECM I. I I I I I I I I I , r DOCUMENT 00401 BID BOND BrODER (Name and Addressl: HORSEPOWER ELECTRIC IRC. 8105 West 20th Avenue lIialeah. Florida 33014 SURE1Y.~Nem. and Add,... of Pr.ncl ., Plsce of BUsines. : Carolina Casualty Insurance Company est Bo cout Boulevard Tampa, Florida 33607 OWNER ~Name and AddreSS): = - BID - , CITY OF SUNNY ISLES BEACH 17070 Collins Avenue. Suite 250 Sunny Isles Beach. Florida 33160 BID DUE DATE: August 9, 2004 PROJECT: NE 159'" Street & NE, 174111 Street Roadway Li!:lhtina Improvements ~ = BOND -SOND NUMBER: N/ A DATE: (Notle'e, rhen BId Due Ds'e): Au~ust 9, 2004 ~ PENAL SUM: Five Percent of Amount Bid IN WITNESS WHEREOF. Surety end Bidder. intending to be 'egally bound hereby. subject to the terms printed on the reverse side hereof. do eech cause this Bid Bond to be duly exscuted On its behalf by its authorized officer, agent, or repreSentative, elDDER SURETY Carolina Casualty Insurance Company By: (Seal) and Note: (1) (21 Above addresses are to be Used for giving required notice, Any singu'ar reference to Bidder. Surety. Owner or other petty she" be considered plural where applicable. Bid Bond 00401-1 03-4174 Endorsement! - 1 , Berkley Regional Insurance Company Carolina CClsualry Insurance Company .. '.N.OTICE ' ',SuretyBond Pisclosure Notice ,Of Terrorism Insurar:tc~ C;::overage " , Coverage for acts af terrorism, as. defined in the Terrorism Risk . Insurance ACt of 2002 (the "Act"),is included in your surety bond:: Yaw. : should know that, effective November 26, 2002, any ,los~es caused , by certified acts 'of terrorism, as defined in, the Act, 'would be partially reimbursed by the United Sta.tes under a' formula established by federal law: Under this formula, the United States pays 90% of cO\lered . terrorism losses exceeding the statutory established deductible paid by the surety company pro\Iiding the coverage, The portion of your band premiLlm that ,is attributable to coverage for acts of terrorism, as defined in the Act is: $0,00. . This, Endorsement istb be attached to bond # NI A and to ~ecame a p,art of the band, POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No. 282 KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J, Nielson or Charles D. Nielson or Warren M. Alter or Joseph P. Nielson or Olga M. Nielson or Kevin R. Wojtowicz of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/1 00 Dollars ($15,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledgoo by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOL YED: "That the following Officers of the Carolina Casualty Insurance Company, Chainnan of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto", RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. i RESOL VED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above. RESOL YED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presenls to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of Augu..~t 2001. Attest: BY~~ Betty C. S rand Vice President and Secretary Carolina Casualty Insurance Company By: ~~ L- Annin W. Blumberg President and Chief Executive Officer WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this 5th day of August , 2003 ,before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and thatju(she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that k9tshe signed hislher name thereto by like order. IN WI !.~.!!Il!o set my hand ad affixed my official seal; the day an ,,,,~'l' Pv~ OFFlClALNOTAAY.';E;\l o~ ~ PATSY W CARMICHAa ~ ''!::.7f('\ ~ ~ ~ COMM1SSICW NUMBER 'Y,. IJ DOl52087 (:' O~ flO~ MYCOMMISSIONEXPlAiS SEPT232006 CERTIFICATE I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-fac;t set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and eff~t as of this date. Given under my hand and the seal of the Company, this 9th day of Augus t ,20U4. ~~- Betty C, erland, Secretary 1, Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest, responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided that: 1 .1. If there is no such next lowest, responsible and responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and 1,2, In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4, Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. . 6, No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7, Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. B, Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length, If any provision of this Bond conflicts with any applicable provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11, The term "bid" as used herein includes a bid, offer or proposal as applicable. Bid Bond 00401-2 03-4174 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES 1. by for whose business address is (f'JC~5/v' ZOAVi[, H;~/lAHh, c-J10IY J and (if applicable) its Federal Employer Identification Number (FEIN) is 69- 20UG 2 Z / , (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defmed in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation, 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statues, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere, 4, I understand that an "affiliate" as defmed in Paragraph 287.l33(1)(a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person~ A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Form PUR 7068 (Rev, 06/11/92) 00402-1 03-4174 .. II' II . . . . . . . I I I I I I I 6, Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF TIllS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT TillS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE HIRES LD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF CHANGE IN THE INFORMATION CONTAINED IN TillS FORM, , ..... ~ rl \. LUtUXlVwi ( , [slgnatu~ , I day of w.c) 'vlJ ,20'p'.'I Sworn to and subscribed before me this q Personally known x ~L OR Produced identification (Type of identification) My commission expires (Printed typed or stamped commissioned name of notary public) OFFICIAL lEAL US CRUZ tarARVPUBUC. STAlE OII~ COMMISSICN' DDOt1I3It DADE COUN1Y M'lCOMMIS8ION EXPIRES oc:ralER It,,, Form PUR 7068 (Rev. 06/11/92) 00402-2 03-4174 DOCUMENT 00403 TRENCH SAFETY ACT (90-96, Laws of Florida) Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990, The bidder further identifies the costs of such compliance to be summarized below: A, B. C. D. Trench Safety Measure (Description Unit , (Quantity) Unit Cost Total $ Extended Cost If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non-responsive. Contractor agrees that the above safety compliances and costs are included in his bid package. 07/04 END OF DOCUMENT 00403-1 of Bidding C 03-417 4 DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION The Bidder shall furnish the following information. Failure to comply with this requirement may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's Namel Address: 2. Contractor's Telephone Number: ..... ?L2s-=-RI9 - 90&D Contractor's License: F L. - Ot::CJ / I&. z.., Primary Classification: . E" ilLr12lr /J; _ ~ 3. 4. Number of years as a Contractor in construction work of the type involved in this Contract: /9 5, List the names and titles of all officers of Contractor's firm: /-/ECro/Z 1: 07Z7/''-? ~/Dk/V-r- ~"_ I /',. ::)/1 C7z7/Z- '-.-~i24Zr ~j1C:7 . 6. Name of perso/ho inspected site or proposed work for your firm: Name, ~ tLhAJAl ~ ':{UL Date of Inspection: ~ - OL( . / What is the last project of this nature you have completed? JZ;,LM.rrn;;;13L uL S T7Z1fLr ,,(,/6~;-Jt., ~~ /;1~~/. - P~/L . 7, 8, Have Y"/;;:bfailed to complete work awarded to you; if so, where and whyl 07/04 00420-1 03-4174 II '-..... tl- t. = ,. .. . II 9. Name three individuals or corporations for which you have performed work and to which you refer: 7/ D. (Y_ ,_. A.412r/~LD,/-11./ZR.'1..lli-:b9Z-.P72S;$k;- /~D,ff~d ~ lT7Z/E.l1:r ,,(/6~ tinil'"> t~/FJZ2A/??~_ <L2s---1' 70,.e)3 ~~. /,j}ZJT Rsm;o:J// I Sf/lll/U' ~6/Rr d(iq~,-k/jJ/?JlJ/ZI[) 951-3f9-9JZ~ C~ t':)/c~~/ ..~./;~~ 10. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co-venture, list the information for all co-ventures). NAME TOTAL OF CONTRACT PROJECT CITY VALUE ;1j~~fJAtJilS;lt~~Jk~r Z ,/t,4;~/~J~ 0rLt9/- /~ki~$;,tWrIlfu~ ...?O~_ tJaJ,j; , 7' #: fj'~ ,j~~ "/ 2 v, ,,(...iD....) (Continue list on inset sheet, if neces aryl % COMPLETION TO DATE J?5% ...j-O'X , 25 " 11, What equipment do you own that is available for the work? (~ /"S, / #/ 77k1+ y 12, What equipment will you purchase for the proposed work? ~ IL// D N If___ NOTE: Attach additional sheets if required. If requested by the City, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition, 07/04 . 00420-2 03-4174 lIe" SCHEDULE OF EQUIPMENT DESCRIPTION OF COVERED PROPERTY Trencher OW651 0, ser, #6X0030 Trencher V8550, ser. #460-424-060 Bobcat843,ser.#503750326 Compressor 130CFM, ser, #161045 087-173 Compressor 40490F, ser. #C0-40390138918 Compressor 185CFM, ser. #C0-4049014884 Compressor, ser, #TBO Compress, ser. #TBOo. Backhoe Combo 310C, ser. #TBO Backhoe Combo 4100, ser. #TBO Roller, SR250080, ser. #391013 Forklift 480C, ser. #C505982X Trailer, ser. #MXAC 02TF12 Trailer, ser. #M A AC06 TF 02 Trailer, ser #TBO Street Saw, HS100 Sawtex, ser. #TBD Hammer, ser, #TBO Directional Boring 0-24, ser. #1 \tR1Z423691 000491 Arrow Board Solar, ser. #FlW6474 Tamper Plate, ser. #TBO Forklift, ser. #TBD Trailer, Bobcat 1595, ser. #Y1B321533T1B1T613 Trailer, 10HOBB, ser. #112HAN30X6L043726 Trailer Anderson 8X24 Tag, ser. # 1S43270304824029~ Compressor, ser. #HOL600724 Jumping Jac BS62Y, ser. #654503200 Backhoe Combo John Deere, ser. #3106X1992 Street Saw, ser. #TBD -,treet Saw, ser. #TBD Street Saw, ser. #TBD Compressor Daewood DSL601 Skid Loader Directional Boring 24 40A, ser. #1VRS160Z9Y1001421 Trailer Sooner, ser. #48HSA282011 000238 HORSEPOYVER ELECTRIC, INC HORSE POWER ELECTRIC, INC No. MAKE YEAR BODY VIN# TAG# MODEL 1 FORD 89 PK 1FTHF25M8KNA97222 V78GGU FORD F-250 2 FORD 92 PK 1FTHF25M4NNA79465 A78JLB FORD F-250 3 FORD 88 TK 1 FDNK7 4P5JV A 16565 M6252R FORD F-700 4 FORD 90 TK 1 FDXK74A 1 LV A46895 B77FUB FORD BUMPER TRUCK 5 DODGE 92 PK 1 B7KE26Z0NS675211 A11JHE DODGE RAM-250 6 INTL 91 TK 1 HTSHNZR2MH376130 M8287Z INTERNATIONAL FLATBED 7 FORD 90 TK 1FDXK74AOLVA46497 N1655A FORD F-700 8 FRHT 97 TK 1 FV6HFAA5VH722378 M8288Z FREIGHTLlNER UTILITY 9 FORD 87 CB 1 FDPK74N5HV A34419 HA505Q FORD BUCKET 10 INTL 89 TK 1HTLDZZN1KH649687 B73FUB INTERNATIONAL BUMPER 11 FORD 89 TK 1FDPK84P6KVA49803 N2578B FORD BUCKET 12 FORD 87 TK 1FDKF37H2HNA74776 U22SXE FORD BUCKET 13 MACK 84 TK VG6M111BXEB018033 M8286Z MACK 14 DODGE 93 PK 1 B7KE26Z0PS24477 4 A12JHE DODGE RAM-250 15 FORD 90 PK 1 FTDF15N7LLA55039 DF501 H PICK-UP 16 FORD 03 TK 1FTNX20P53EB38750 V45RQS FORD F-250 SO XL 17 FORD 89 TK 1FDPK74P4KVA44139 HA506Q FORD BUCKET 18 INTL 91 TK 1 HTSDZ7N3MH331460 GAZ448 INTERNATIONAL 19 FORD 86 CB 1FDYH80U2GVA34608 M3226R FORD FLATBED CRANE 20 FRHT 97 TK 1 FVGHFAA4VH722372 M6247R FREIGHTLlNER UTILITY 21 INTL 88 TK 1 HTLDZZN9JH586529 M8998Q INTERNATIONAL 22 FORD 95 PK 1FTEX15N4SKC25122 T66NVJ FORD F-150 23 FORD 90 TK 1 FDXK7 4A7L V A46898 N2582B FORD F-700 24 FORD 96 PK 1FTCR10A2TUB86476 U40GYG FORD RANGER 25 FORD 90 CB 1FDPK74PXLVA23037 U38PBB FORD BUCKET 26 DODGE 92 PK 1B7KE26Z2NS671533 J1475B DODGE 0-250 27 INTL 85 TK 1HTLFVVPL2FHA28672 N2579B INTERNATIONAL BUCKET 28 INTL 88 TK 1 HTLDZZNXJH605640 V53UBP HI RANGER 4ES-35PI 29 FORD 98 PK 1 FTYR1 OU5WUC02982 DF365R PICK-UP 30 INTL 88 TK 1 HTLDZZN4JH621445 M8999Q INTERNATIONAL BUCKET 31 DODGE 91 PK 1 B7HE16Y2MS307056 B78FUB PICK-UP 32 INTL 89 TK 1HTLDZZN1KH635188 M3277R INTERNATIONAL 33 INTL 88 TK 1 HTLDZZN9JH597319 M3297R INTERNATIONAL BUCKET 34 INTL 93 TK 1 HTSEPPN5PH453632 M3298R INTERNATIONAL BUCKET 35 FORD 02 PK 1FTRX17W12NC08364 V60KCV FORD F-150 36 FORD 97 TK 1FTDF0726VKB79504 V84GGU FORD F-150 37 FORD 01 PK 1 FTYR1 OU91 TA64068 U10lAG FORD RANGER Florida Department of Transportation JEB BUSH GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 April 26, 2004 JOSE ABREU SECRETARY Horsepower Electric, Inc. 8105 West 20 Avenue Hialeah, FL 33014-3231 Gentlemen: RE: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company f.or the amount and the type of work'indicated below, Unless your company is notified otherwise, this rating will expi~e June 30, 2005. Please take notice that to ensure continuity in your certification at least thirty (30) days must be allowed for the processing of your ~ application for qualification, In accordance with 8.337.14 (1) F,S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements, To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section 14-22,005(3), Florida Administrative Code. .. MAXIMUM CAPACITY RATING: $36,300,000.00 WORK CLASS RATINGS: 1. Major Bridges: a. Bridges which inClude Bascule Spans..,... .,..... .,'.... '.... "... '___ b, Bridges which include Curved Steel Girders.. ,'.,. ',.,...".. ......___ c. Bridges with Multi-Level Roadways, ..,...,... ,....,. .,....,.. ......___ d. Bridges of Concrete Segmental Construction,....... .,..,..... .'....___ e. Bridges which include Steel Truss Construction.... ,'... .,.,. .",.. f, Bridges which include Cable Stayed Construction,... ......,.. ..,,'. g, Bridges of conventional construction which are over a water opening of 1000 feet or more..,. "!'" ..,..,.,..." ...."". ,.,... 2. Intermediate Bridges (Bridges that contain none of the type of construction listed under Major Bridges and span lengths exceeding 50 feet (center to center of cap).,.,....,...........".",. . . . . , , . , , . . 3. Minor Bridges (Bridges with span lengths not exceeding 50 feet (center to center or cap) and total length not exceeding 300 feet, A Minor Bridge shall not contain any types of construction listed under Major Bridges or Intermediate Bridges)... ....,. ...,..., .... ...... 4. Bascule Bridge Rehabilitation............ ..,.., '..,.... "... .'.,......, 5. Grading (Includes clearing and grUbbing, excavation, and embankment)... 6. Drainage (Includes all storm drains, pipe culverts, CUlverts, etc.).... 7. Flexible Paving (Includes 1imerock and shell base and other optional base courses, soil-cemented based, mixed-in-place bituminous paving, bit~minous s~rface treatments, and stabilizing) "..... ..... "..... .,. ,. 8, Portland Cement Concrete Paving,.,...... ,......... ......,.." .......... 9. Hot Plant-Mixed Bituminous Structural and Surface Courses... ...... ..... www.dot.st8te.fl.us @ RECYCLEDPAPEA Horsepower Electric, Inc. April 26, 2004 Page Two x Please be advised the Department of Transportation has considered your company's qualification in all work classes requested. We have evaluated your company's organization, management, work experience, work performance and ad~quacy of equipment as directed by section 14-22.003, Florida Administrative Code. Based on this evaluation, the Department is not able, at this time, to prequalify your company for the work classes: Grading, Draina e, Flexible Pavin Portland Cement Concrete Pavin , Fencin~ Guardrail, Grassing, Seeding, SOdding, Landscaping and Pavement Markings. You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code. Please be advised if certification in additional classes of work is desired, documentation is needed to show that your company has done such work with your own forces and equipment or that experience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Also, refer to the note at the bottom of Page 16 of the Application for Qualification when supplying additional information. ~~4/ eLM Juani ta Moore, Manager ~r . Contracts Administration Office JM:vas 12/89 (SEE NOTES ON REVERSE SIDE) NOTES APPLICABLE TO RATINGS ASSIGNED ON FRONT OF THIS FORM THE MAXIMUM CAPACITY ~.TING ASSIGNED HEREON SHALL BE REDUCED BY THE VALUE OF ALL UNCOMPLETED WORK YOU HAVE UNDER CONTRACT (OR SU:SCONTRACT), REGJl.-RDLESS OF WHERE OR WITH WBOM IT MAY BE CONTRACTED ( '1'"0 DETERMINE YOUR BIDDING CAPAC~TY AT. THE P~~TICULAR TIME (CURRENT c.~ACITY), THIS DETERMINA~ION" 8fl11..LL BE MADE AS PROVIDED IN SECTION 14-22.0061 FLOR~DA ADMINISTRATIVE. 'CODE , THIS' SECTION ALSO REQUIRES THAT YOU CERTIFY UNDER OATH AS TO YOOR CURRENT CAPACITY FOR EACa...;;LEl'T.lNG.l\T WHICH YOU SUBMIT A BID. . '.., ';" ~..PPROV1>:-L OF WORK CLASSIFICATIONS FOR YOUR ORGANIZATION IS INDICATED WITH ~.N "xtr IN THE SPJI._CE 'IMMED.IATELY T:O THE RIGHT OF "WORK CLASS RATINGS ((' AND \\INCIDENT~..L CL.~SSES It AS APPLICABLE. " '" z o ~ !: :& 0:: w Iii c ~ :i 1a (!) :; w ~ ~ ~ o ~ W 0: ::I (/) WI~ ~in c~ ~ u C u. 'i: - U Q) W ... Q) w ~ :e 0 <c. Z Q) :e ~ 0:: 0 iL:J: W 0: o o W ~ ..J ~ " ..: 5: CD CU = C CD .9-0 ... - (.) - c .5 ~~ ... :e 0 .2 l;' .c ... CD W - ...... :a ~c N:~ ~ g O)w .2e ... . CD</: o l;' - , z-io '~I-O)..: gg.g:;! c (,)(1) fi CD J!Cl'.....J "',5~.!b lIJ"O,:CD :g :5! 0 ,'i\ !3 ..JalClC)....W >. - oij CU 0.. CU (J CD c: :c " in 't:J CD lIJ CU CD ... (.) c: 0: o I- o ~ o ~ I- Z W 0:: 0:: ::I o ... .2 CD :a '6l CD Uj;S _Cl 0= OZW ~ ' I ......, Q ... "" 0 .! , CU 'r" CD C ,'i\ CU.... .s::. ... ... 0 lIJO lIJO CD , ..J'r" b .u III C. III to) 't:I i:ii "C ~ U III .J:l b I!! ~ Ul o i1q"'lil;~ N q)OCDNClC)"'ItO::: ~C")C")C")..t~.nlri~cD"':Q)~ ~> =Q: zl-Q w:;q iijo='r" <<0 ~- b ~ >< w = z w > w 0:: Z g o 0 1=_0 (.)a:::Q =OC!. ~:e g lIJ_C") Z . <[0 ~ .Ju ... ::IX ::Ie!) o::Z ~~ ~~ ~3 o ~ >< ~~ 0::2 ::Ix U)a:: w :J 0.. ~ = 2 ~~ClC) o::(/) :l - e 0:: ~~ 0::1= =...1 Wen= ..J 2 !S~ -8 ~t/) ~ o <:: a. E < ,- 0-1 ~ 0 wZ a::: ::I w tn ~ o w ;nO.-NM'lt&nCD,..,COl>>og 51ClC)COClC) co ClC)ClC)ClC)COCIQClQO) ^ N ~ 'It .- CD '5 Q: ~ o III C o :;:; (.) CD III CI) :c IV (.) Q. Q. IV ... .E N CD C) C'lI Q. CI) CI) III CD III C'lI CD n: '" o z APPLICABLE SECTIONS OF RULB 14-22 F,A.C, THAT STIPULATE THE RBQUlREMBNTS FOR USING A SURETY TO lNCREASE BIDDING CAPACITY. (R. 7/01) bt;LDq 1:he App~icani: 14-22.003(2) (a)2.a 2. Except for the provisions of Rule 14- 22.003 (2) (a) 2.a above, the MQR for firms that havull Ability Score 0[91 or greater will" be the "'Aggregate o[COlltracts" amount stipulated in the surety commitment letter, An MCR established through the we ala 8U1'ety commitment lettel' shall not l%Ceed the "Aggregate olContracts" amount sttpuJated In the 81l1'ety commitment lett.1'. . . 3. Uac of a surety commitment letter to Increase an anDlicant's Maximum..Canacitv Rattnll wIll onlY be considered if at the time of atmiication the'lDnlicant's Cummt Ratio Factor is at least 1.00 as defined in ,RUle Section 14-22.003(2)(a)3.. and the apnllcant has an Abllitv Score of 80 or himer. No event(a) during the qualification perior:l subsequent to the ending date of the audited finQlu:ial" l1atemsnts uaed for qual(fication will be cof!8itJered in determining an qppllcant's Current Ratio Factor. ' . a. Notwithstanding the' requirements in Rule Sections 14- 22.003 (2) (a) and 14-22.003 (1.) (a) l.a., l.b., I.e., 1.eL, and 14.22.003 (2) (a) 2. above; the AF, (Ability Pactor) win ,be . 1i~ted to a maximum of 4, if the applicant rebeives an ability score of76 or less on tho Initial app1icatlo~ or receives an ability . score of76 on two or moro Prime Contractor.Past Performance . Rcporta on file for. projects oomplllted during the 12 month period preceding the applicant'a fiscal y.car ending date for which the Certificate OfQllallilcation Is being issued. The use of a surety commitment letter to miso the MCR Is prohibited UDder this limitation. b. This AF limitation will remain in effect during the current qualification period. R.a1::inq the AppUc:ant 14-22.003 (2) (b) (b) Bonding Capacity, l:~ccpt for the provisions of Rule 14-22.0Q3 (2) (a) . 2.a above,. an applicant qualifying for a positive rating under the above provisions., has an Abillty Score of 80 or hhz:hor and has a Current Ratto Factor of at least 1.00, shall be allowed to mise it' a MCR upon receipt of evidence of a current bonding capacity exceeding the calculated MCR?rolil a surety company authorizl;d to do business in Florida. Such evidence shall be in the form of a letter of c:omJi1itmcnt executed by an officer of the su~ who is authoriz.cd to bind the Surety, with power of attorney attached. The surety letter must be dated within four . mo~tbs of the request and cover the certification period. The limit for an MCR i33USd on the 11a.ri.t obut:h bond commitment for applicants with an Ability Score 0[80 through 90 will be determined by thefo!lawing "~Surety Capacity "formula: RM:::;: Surety Capacity SllRty Multiplier (Detcrmlnl:d from Ability SCOla- Surety Multiplier Table as provided on front ofwarksbcct) , Maximum Capacity Rating (Determined as provided"1n 14-22.003 (2) (a) Jlll-gil:lilit;y ~oz: Obtaining PropoeaJ. DOCWll8l1U' 14-22.0Q8 (5.) , (5) A qualified bidder will be iSSlled proposal documents for any number of projec~ provided the estimated contract amount of any individual project requested does notcxcced their Current Capacity. Except .. for the pr.ovisions of Rule 14-22.003 (2) (a)2.a above, puall:ficd :firms that desirC,to bid a nroicct which. exceeds their Cum:nt Canacitv, and whose CmTent Ratio FactoT was at least 1.00. based on the financial statements.used for current Qualification, and that have an Abilitv Score of . 80 or himel. will be' allowed to bid that snccific-nroicct if the firm furnishes a commitment letter from B. !IUl'etv comnanv authorized to do business .in 'Elorida that does not exceed the finn's Surctv Capacity as established bv 14-22.003(2)(\))1. ~C=SM~MC~x(CRV I!R) In which: sc= MeR= TRV= Construction Revenues (As set forth In . IIpplican~s financial stateml:llts per 14- 22,002 (2) (c) 2- Total Rcmwcs (As set forth .In applicant's financial statement) CRV= NOTICE OF ADMINISTRATIVE HEARING RIGHTS You may petition for an administrative bearing pursuant to sections 120,569 and 120.57, Florida Statutes, If you disagree with the facts stated in the foregoing Notice of Intcmded Department Action (hereinafter Notice), you may petition for a forma~ admini~trative hearing pursuant to section 120.57(1), Florida Statutes. If. you agree with the facts stated in 'the Notice, you may 'petition for an informal administrative hearing pursuant to section 120.57(2), Florida S1l\tut~s. You must file the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Bwns Building . '605 Suw~ee Street, MS 58 Tallahassee, Florida 32399-0458 The petition for an administrative hearing must conform to the requirements of section 120,54(5)(b)4, Florida Statutes, and either Rule 28-106,201(2) or Rule 28-106.301(2), Florida Administrative Code, and must be filed with the Clerk of Agency Proceedings by 5:00 p,m,. no later than 10 days after you received tbe Notice, The petition for' an administrative hearing should include a copy of the Notice, and must be legible, on 8Y2 by II inch white paper, and contain: ' 1. Your name, address, telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and name, address, and telephone number of your representative, if any; which shall be the address for service purposes during the course of the proceeding; 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and how you r~ceived the Notice; 4. A statement of all disputed issues of material fact. If there are none, you must so indicate; 5. A concise state~ent of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; as well as an explanation of how the alleged facts relate to the specific rules and statutes the petitioner contends require reversal or modification of the agency's proposed action; 6. A statement of the relief sought, stating precisely the desired action the petitioner wishes the agency should take in respect to the agency's proposed action, !fthere are disputed issues of material fact a formal hearing will be held', where you 'may present evidence and argument on all issues involved and conduct cross-examination, If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department . Mediation, pursuant to section 120.573, Florida Statutes, may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties, The right to an administrative hearing is not affected when mediation does not result in a settlement. A petition for an administrative hearing shall be dismissed, if it is not in subs'tantial compliance with the requirements of either Rule 28-106,201(2) or Rule 28-106,301(2), Florida Adrninistrative Code, or ~f $.e petition has not been timely fIled. If your petition is dismissed you will have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and fmal. " ....?.l~'q' ,"'.' -",.' ',, "(ff' '".. ,', ;,' ~";"':;' ,-" ' ," ,-< . " ',?" :r, '. '!C' . ....~Ji'.:'. ',', ,9.."'t.~iJll"~), 'H~>i,:~!J\- i~:;.;~:<- '. .:il ;I<;'~' TA~ .I..O'F: .LO I '~:'i f~ ':' ,.'1> ;;~,-~ :,~:""~:" '"t':;". ~t~":'if!:J., il~\. lJi';;'~ !~" .Y::~'" -' i='" :.-_:-$. ,: ?~'';:'~'~.'...l '-;.::~ ~, ,;"-:,J ;t~ ,,' '.'~ ~('.' . ~f, B,q~..., ';.i"::;';,{;,. ';,~. '':'t'i. t1i '; .....,~,:' 'If!. :,.,.;-;i..,~;.tt iW.1~~ 't'Jo;,/?f :"'~~Y~/~~'-:~~~'N~Qu'r~;~tr~ aO'iI'XlfB:9.St,"JUm J!IiOi:i!rss:ibN' ,~? .tt;'b"jbit.,~k, ~,;~,~'~:U~; p~ ' ~n:/' ~;1~' :'"'::'r t;.~~:~- 'Er.t~C'1':i'l:'C4~' COz.qTlU\.CTORs L:JtOJ!lNS':tN~:aQDt) ..~" . . Q"'r.Q1t'1O~i1iO:Li:~ ,:;,v;.s."#~:t~:'iL~ ,~~.~,.~~~~;. ."". .~'~ ~ \ .. ::"'r. . (0 1 t ,Jo' . :--.- . .~~ . !..;..J.f ,:..-":'.~"~~~... ~; ~,,1 .~.~.",~..,"""'.:'.f-' ::_l.k,',',I'.~~..' .; ~ :I~.V':>:=:::' ~::~ '''',~,.. i'''~:.f ,. 'J :"I~re..1tt.J!j~a.I.~qi ~. RAq~d~,' ;/.~~l,'If;~';(~~~i~t,:,:_~~~~~ ',\. "', \', '!~~:~lUn~T~g.t~.,>>~~,}eERTI:F:~i.:D.i- ~ ':':,,,:7::'#'t.4~~:-':-- :];. ,'1.t:. i;;;~.,..~.~~4.:\~\:~ '{t~~, :< , '''1Jnder''!-'the ; provisions 'of Chap~~lIt:r::" . " :'.:t~A,.'ii.;}~;i~11C}i mxpiratiQn date: AU'G 31, 200J,1l\\O~;r''tf.t:~t~~..);(~:! ~.~. ,~~,: ~?;J~';~Y..' ';i:~::: ~-~~~,.{ t/r ,::;~; i;,~'J; '~;~~f .. .~: ' j~\ffJ; 1;;i~'"t,:~...,:: '~, .,,~, .'~~~~"';""I~ J.'''~~~, ",' \: k '~.~t;;"~'l'...~ ~, if ~~:~, :H,:,,,,,,-~:,('~i';"~::~H1 ,:'Y~.'>, ";~.;~>"';;' ...",\~~" ,_ ~f; -;'l~T~ t_C!,~'~:.:.;.J ': ".h",,:,; ....:l 'l';~'f;';/'~ .. "s>" "1tORS~P.(9WE:a"L"ECTR.IC' 'INC . ''"'>'....t?n,;;~::\O. .f~~l',r 8J.05"W 20TH"AVE '.",.."...~...,"'; '. "1.i~.'!\l.&$N!.:;,':'4': ' ,_ FL::~ O"~ ~,323.1.. ~." .'" , ",;..I';;'(~Jk. . .'?:. .'i) '';;'' l)'r,,'~ ......,.. :i/ ;:." "', fi'>,- _~.,,:.~v~~.' :'.'1..;...'__'.: "f ,.,~q_~::',~~. ':. ,.' ':.::. ~:~ '.',':" .;.~. ._ .....,.. ..,;,:p'~' ~1:'4'''' 't~.. II:'-.J;, ..tft;oo"~ ."" ~ .... - ., .1" . ,':; '. ~., ._,. '" .,.\t",; ....:.>,.....:. .,,-,.:' ." ,'. ',".' ;','., !~i~;.: ;:Jti"::~iFSH\~i:~ ,;lt~~..~~1 ". l; :",., " "~::il:.t GOVJ1:tmOR;';;;f.~ !!;' 2,;' "DISPLAY AS,REQUIREqSY LAW' ' J'S:l~' "':'.').~;i:<';: '., f'it:J :~~';\f~~Jl' ',-, '...14'.. .... :~: .~~ r '1:\; t'{'},r.- (: ' it,j , ... ..' ~"~"~"~ rc.: .,~~~~ . -::~~~_k. f,~,'~? ~~/~ . ':i\.' ,'......\:..:. : i' (:;;""::~ ~:~i:t~ ;~;;' ~:' ,,~~'~ ::~ ~~~;.~~ ':: ;~~~. :.;~.~~ ~~'.' :>~;;; t:~r ": .'_. .....:~ :'$;~~t ~~j;, [~ t -' . ~-,::,0;' ..,. i ' . .,~;' ..:- t:~-. '.. ". . ~ , ~ -.- ti.~. ~;;.-: !~:~:.~ '::.:;.~: .}...,:.: ~. '.'~._,1;;'. . ~~~~. .' p,:~~~~.. ":J" ~ .... ~"1 ...; . :;> ;~;j . \''i'.i;r ~~r,.;~,' ~DrBINEf,EY ~:S!$~E'R' " .- SlllCRETARY...-....,.';' ~'.~:~. ~~~ ;h~-. 7; i..: ~: '. ... ~~ . " ,..;>r '.i':.~~ " ?:;, \- "'- ....., ...,~ ",'. ",,- ~ \, \ ~-1 ", '" ~ ,':: " f .... ,./' " " ~ Florida Department of Transportation JEB BUSH GOVERNOR 605 Suwannee Street Tallahassee, Fl 32399-0450 JOSE ABREU SECRETARY ~ovember26,2003 Mr. Hector P. Ortiz Horsepower Electric, Inc, 8105 West 20 Ave. Hialeah, Florida 33014 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Ortiz: The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: Horsepower Electric, Inc, has been approved for a period of one year. Please update and submit a new plan before the expiration date shown below, If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need any ~dditional information, please call Mr, Aldric Borders at (850) 414-4744. Sincerely, f!1:.~ Assistant Manager Equal Opportunity Office AB/clg AFFIRMATIVE ACTION PLAN EXPIRATION: December 17, 2004 www.dot.state.fl.us * RECYCLED PAPER LIST OF SUBCONTRACTORS The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed. 1. Work to be Performed .'\ l..: z:' ,i Y (. or.... & 2, 3, 4. 5. 6. 7, 8. 9. 10, NOTE: Attach additional sheets if required. 07/04 00420-3 Subcontractor's Name/Address 03-4174 Reply to: D 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921. 7781 Fax: 954.921.8807 , D 560 Village Blvd., Suite 340 West Palm Beach,FL 33409 Phone: 56L684.6161 Fax: 561.684.6360 www.calvin-giordano.com ~ { Calvin, Giordano g Associates, Inc. I & . ' .r Engineers · Surveyors · Planners i ~ August 12, 2004 Christopher J. Russo, City Manager CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Re: NE 159th Street & NE 174th Street Roadway Lighting Improvements CGA Project # 03-4174 & 03-4175, City Bid No. 04-07-01 Recommendation of Award ~ Dear Mr. Russo: p Thre~ (3) bids were received for the above referenced project and are tabulated as ,shown' on the attachment. Bids have been reviewed and checked for ,calculation errors. Horsepower Electric, from Hialeah, FL was the low bidder .with a total bid of $179,971.00. Licenses and references of Horsepower Electric, from Hialeah, FL were verified. This office recommends tha,t the award of the contract be made to the lowest bidder, Horsepower Electric, from Hialeah, FL in the amount of $179,971.00 based upon l~p sum price. . If you have any questions. or require, "anything further" please contact the undersigned. Sincerely, ~, GIORDANO & ASSOCIATES, INe. YJ~~ . J. Scott Gombar, P,E. Director of Capital Improvements JSG/sb Attachment cc: Dennis J. Giordano, CGA File P:\Projects\20031034174 W A#8 NE I 74th Street Roadway Lighting 1mprovementslCorrespondencelLettersIRec award. doc " <:> .. U .5 = 1ii .u CD o ::J :: J:; <C lU 011 o!!! o Cl-ij c l: CD -3 ] .~ ~ ;a ~ (5 CD .... H~l ~~ ~ '5l (1 'tI u \-. J ir.~ .... ::J iU l: Cl en ;:!: ~ l') c ci z "0 CD '<I" ~ 0 OE' o ~D. 0i8n<( ~o~C) o.....cO o z Z \IJ Q. o Q Di J!l c ~ GI > o .... 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U) I- Z UI :!! :!! e u ./ THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 097 294 AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Jforsepower ~,(ectn'c, Inc; 8105 West 20tfi }lvenue, J{ia[eali, P[on'da 33014 (Here Insert full name and address or legal title of contractor) as Principal, hereinafter called Contractor, and, Carofina Casuafty Insurance Company; 4211 U!est rBoyScout rBoufevard; crampa, plon'da 33601 (Here Insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) %e City of Sunny Isfes (]3eacfi; 11010 Cofuns }lvenue, Sunny Isfes (]3eacfi, Ploricfa 33160 as obligee, hereinafter called Owner, in the amount of One Hundred Seventy :Nine 7liousand :Nine Hundred Seventy One and :Noll00 C])offars ($119,911.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here Insert full name, address and description of prOJect) , entered into a contract with Owner for 7lie City of Sunny I sfes (]3eacfi - m 159tfi Street and:fifE 114tfi Street CR.9acfway Ligfiting Improvements; Project :Nos, 03-4114 and03-4115 in accordance with Drawings and Specifications prepared bY(Here insert full name and address or legallille of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @ FEBRUARY 1970 ED, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY AVE, NW, WASHINGTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions il~~ rrtM ~1O HERE8V.3 AMENOfO 'SO THAT nut PROVl~ A~harles D. Nielson, Attorney-in-Fact and Florida Resident Agent UhtlTA nONS OF SECTION 25$.08 OR aECllOH 7t a.a 1t1.ORfOll STATUTESL WHICHEVER IS APPUOABlE. AM mcoAPORATfZD HEliEIN BY REFERENC!. 1, Claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3 No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this / J11- day of ;4 us:' accuracy the amount claimed and the name of the party to whom the materials were furnished, 0 for whom the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, and not elsewhere, 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, 2004. an AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @ FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY AVE, NW, WASHINGTON, DC 20006 4 Endorsement 1 ,{ Berkley Regional Insurance COfnpany Carolina Casualty Insurance Conzpany NOTICE Surety Bond Disclosure Notice Of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act of 2002 (the "Acf), is included in your surety bond, You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism, as defined in the Act, would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutory established deductible paid by the surety company providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism, as defined in the Act is: $0,00, This Endorsement is to be attached to bond # 097 294 and to become a part of the bond. c/o MOnJtor Surety j'vIanagers, Ine 383 i'vIam Street, Chatham. NJ 07928 POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLOIUDA No, 282 KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles 1. Nielson or Charles D, Nielson or Warren M, Alter or Joseph P. Nielson or Olga M, NIelson or Kevin R, WOjtowicz of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and delIver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/1 00 Dollars ($15,000,000,00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons, This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOL VED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the CarolIna Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto". RESOL VED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOL VED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above. RESOL VED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued, IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of August )00). ;:""~~ Betty C. S rand Vice President and Secretary Carolina Casualty Insurance Company By: Vo-/ ~ L- Armin W, Blumberg President and Chief Executive Officer WARt"lING: THIS POWER OF ATTORt"lEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) 55 COUNTY OF DUV AL) On this 5th day of August , 2003 ,before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that~she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of saId Corporation and that Rishe signed his/her name thereto by like order. IN WIT EbS \U!-lFRFOF~l.o<}ve h_S1..~l!_nt9 set my hand ad affixed my official seal; the day an ,J,(lY PiJ OFFlCI~LNOTAR",;'j\L' o 6'~ PATSY W CARMICHAEL <' 'r'~7 ("> ':: Wf ; COMM:SSIQ'.J NUMLl!;A >;.. if 0 DD152087 f' OF 1.0<:;:- MYCOMMISSlON fZXPI/'lF.S CERTIFICATE F SEPT 232000 I, the undersigned, Secretary of CAROUNA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the AttorneY-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date, Given under my hand and the seal of the Company, this day of THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Bond No. 097 294 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here Insert full name and address or legallitle of contractor) J{orsepowerCE[ectn'c) Inc; 8105 West 2()t1i }lvenue) J{ia[eali, P[orida 33014 as Principal, hereinafter called Contractor, and, (Here Insert full name and address or legal title of Surety) Carofina Casua[ty Insurance Company; 4211 West (8oy Scout CJ3ou[evard; Tampa, P[onaa 33607 as Surety, hereinafter called Surety, are held and firmly bound unto (Here Insert full name and address or legallitle of Owner) Tfze City oj Sunny Isfes CJ3eacfz; 17070 Co [fins )'lvenue, Sunny Isfes CJ3eacfz, q:[onaa 33160 as Obligee, hereinafter called Owner, in the amount of _ One J{undred Seventy :Nine %ousand :Nine J{undred Seventy One and :Noll00 (j)o[fars ($179,971.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, WHEREAS, Contractor has by written agreement dated 1 entered into a contract with Owner for (Here Insert full name, address and descnptlon of proJect) City oj Sunny I sees (8eacfz '"" m 159tn Street and:NE 174tn Street CJWadway Ligfzting Improvements; Project :Nos. 03-4174 and03~4175 in accordance with Drawings and Specifications prepared bY(Here Insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND. AlA @ FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY AVE, NW, WASHINGTON, D.C 20006 1 ,/ PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner, Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligation thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its term and conditions, and upon determination by Surety of the lowest responsible bidder, or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults Signed and sealed this day of (wr/f~(/~ under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof The term "balance of the contract price," as used in this paragraph, shall mean the total mount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor, Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due, No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. 2004. (Seal) Carolina 'Casualty Insurance Companv (S/? ~;J,~ ____ Charles D. Nielson, Attorney-In-Fact and Florida Resident Agent AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' AlA @ FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NY AVE, NW, WASHINGTON, DC. 20006 2 Endorsement] Berkley Regional Insurance Company Carolina Casualty Insurance Conlpany NOTICE Surety Bond Disclosure Notice Of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act of 2002 (the "Act"), is included in your surety bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism, as defined in the Act, would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutory established deductible paid by the surety company providing the coverage, The portion of your bond premium that is attributable to coverage for acts of terrorism, as defined in the Act is: $0,00, This Endorsement is to be attached to bond # 097 294 and to become a part of the bond. c/o [\;Ionltor Surety ll/Janagers, Ine 383 t'vIam Street, Chatham. NJ 07928 POWER OF ATTORNEY CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA No, 282 KJ\OW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and eXlsting under the laws of the State of Florida, having its principal office in Jacksonvllle, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J, Nielson or Charles D, Nielson or Warren M, Alter or Joseph p, Nielson or Olga M, Nielson or Kevin R, Wojtowicz of Nielson & Company, Inc, of Miami Lakes, FL its true and lawful Agent and Attorney-in-Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Fifteen Million and 00/1 00 Dollars ($15,000,000,00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons, This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney-in-Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto". RESOL VED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated, RESOL VED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney-in-Fact named above, RESOL VED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimlle to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed, The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued, IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of AUgust :/001 ::I'''~d2 Betty C. S rand Vice President and Secretary Carolina Casualty Insurance Company By: Vo..-/ ~ L- Armin W. Blumberg President and Chief Executive Officer WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) 55 COUNTY OF DUVAL) On this 5th day of August , 2003 ,before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that;IDiishe knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that ~he signed his/her name thereto by like order. IN WIT ~~ LQijve_l:t~l.e_l![.1,t? set my hand ad affixed my official seal; the day an ,,1''\, y p U OFRClf,L NOT ARY;F~\l 0, 6'~ PATSY W CARMICHA[L ~~'-C7('\ <::, ~~ ;: COMM:SSIO'/ NUMIlEFl >;.. ~Y:E? 00152087 (" OF F\.O" MY COMMISSION EXPII1f,$ CERTIF'ICATE SEPT 232000 . I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, con'cct and corr.plete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attom::,y-in-Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is In full force and effect as of this date. Given under my hand and the seal of the Company, this day of --..... <f:-fY~\"'u~ ( ....v~' ~,'t"Af~ ~~C'. ,'),.?' ',f'\ ~.: . ~~.,\. :2 0: .;~ \ \;-"". .~~o'.~~~.+~b t;;;is"",;' ).~ -I:1.x:ra~ Bond No. Contractor Address Phone No. Surety Company Address Phone No. Owner Name Address Phone No. Contract/Project No. Project Name Project Location Legal Description And Street Address Description of Work :NieCson, Arter c1,Associates, Inc. CJ30nd CJ)epa rtmen t Public Works Bond In compliance with Florida Statutes 255.05(1)(a) 097 294 Jforsepower CEfectn'c, I nc, 8105 West 20th Avenue Hialeah, Florida 33014 (305) 819-4060 Carolina Casualty Insurance Company 4211 West Boy Scout Boulevard Tampa, Florida 33607 (813) 870-2077 The City of Sunny Isles Beach 17070 Collins Avenue Sunny Isles Beach, Florida 33160 Project Nos. 03-4174 and 03-41 75 1V'E 159th Street and 1V'E 174th Street 1?,sJadway L ig Ii ting I mpro'Vements Sunny Isles Beach, Florida There is no legal description per se as this is for various locations throughout Sunny Isles Beach, Florida lighting improvements Front Page All other bond pagels) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon.