HomeMy WebLinkAboutOMNI-CRA-R-02-0012OMNI/CRA ITEM 7
OMM/CRA
RESOLUTION NO. 39
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE OMNI COMMUNITY REDEVELOPMENT AGENCY
("CRA") AUTHORIZING THE EXECUTIVE DIRECTOR
TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH
GENERAL CONTRACTOR DANVILLE FINDORFF, INC.
FOR CONSTRUCTION OF PHASE 1(B) IMPROVEMENTS
OF MARGARET PACE PARK.
WHEREAS, the CRA adopted Omni/CRA Resolution 01-06 which
authorized the CPA to proceed with a restated bid document for
the selection of a general contractor to construct the Phase
1(B) improvements of Margaret Pace Park and required that the
i
successful respondent and proposed contract be presented to the
Board of Directors for approval; and
WHEREAS, the CRA has selected Danville Findorff, Inc. as
the successful bidder to the Request for Bids (RFB) for the
construction of Phase 1(B) improvements of Margaret Pace Park,
and
WHEREAS, the CPA desires to execute a contract in the form
attached which is acceptable to the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI,
i
FLORIDA:
®/CRA
02- 012
Section 1. The recitals and findings contained in the
i
Preamble to this Resolution are incorporated herein as if fully
set forth in this Section.
Section 2. The CPA Board of Directors hereby approves
the award of the contact for the construction of Phase 1(B)
improvements of Margaret Pace Park to general contractor
Danville Findorff, Inc. and authorizes the Executive Director to
execute a contract, in the form attached that is acceptable to
the City Attorney, for this purpose.
Section 3. The Resolution shall be effective upon its
adoption.
PASSED AND ADOPTED on this 28th day of January, 2002.
ARTHUR E. TEELE, JR., CHAIRMAN
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED,`' S T: FORM AND CORRECTNESS:
r]SRO VILARELLO
TORNEY
I/CRA R-02-12:KDW:ELF
Page 2 of 2 0 /CRA
02- 012
January 28, 2002
OMNI/CRA ITEM 7
RESOLUTION NO. OMNI/CRA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OMNI COMMUNITY
REDEVELOPMENT AGENCY APPROVING THE AWARD OF THE CONTRACT
WITH GENERAL CONTRACTOR DANVILLE FINDORFF, INC. FOR THE
CONSTRUCTION OF PHASE I(B) IMPROVEMENTS OF MARGARET PACE PARK
AND FURTHER AUTHORIZING THE CRA EXECUTIVE DIRECTOR TO
EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR
THIS PURPOSE.
approves the award of the contract for the construction of Phase I (B) improvements of Margaret Pace
Park to general contractor Danville Findorff and authorizes the Executive Director to execute a
contract, in substantially the attached form, for this purpose.
WHEREAS, the Omni Community Redevelopment Agency (the "CRA") adopted Resolution
Omni/CRA 01-06 which authorized the CRA to proceed with a restated bid document for the selection
of a general contractor to construct the Phase 1(B) improvements of Margaret Pace Park and to
present the successful respondent and contract to the Board of Directors for approval, and;
WHEREAS, the CRA has selected general contractor, Danville Findoff, Inc. as the successful
bidder to the Request for Bids (RFB) for the construction .of Phase I(B) improvements of Margaret
Pace Park; and;
WHEREAS, the CRA desires to authorize the contract in substantially the attached form;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
OMNI COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
incorporated herein as if fully set forth in this Section.
OM✓N'b / CRA
02- 12
January 28, 2002
OMNI/CRA ITEM 7
Section 2. The Board of Directors of the CRA hereby approves the award of the contract
for the construction of Phase I (B) improvements of Margaret Pace Park to general contractor Danville
Findorff, Inc. and authorizes the Executive Director to execute a contract, in substantially the attached
form, for this purpose.
Section 3. This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED this 28t" day of January, 2002.
Walter J. Foeman
Clerk of the Board
APPROVED AS TO FORM
AND CORRECTNESS:
Alejandro Vilarello
General Counsel
Arthur E. Teele, Jr., Chairman
0 2 - 12
CITY OF MIAMI, FLORIDA
January 28, 2002
TO: Chairman Arthur E. Teele Jr. and
Members of the CRA Board
FROM: 4))
Annette E. Lewis
Acting Executive Director
INTER -OFFICE MEMORANDUM ITEM 7
DATE: January 28, 2002 FILE:
SUBJECT : Award of contract with Danville Findorff,
Inc. for Construction Phase I(B) for
Margaret Pace Park
REFERENCES:
ENCLOSVesolution and Supporting Documents
RECOMMENDATION
It is respectfully recommended that the CRA Board of Directors approve the attached Resolution
awarding the contract to Danville Findorff as General Contractor for the construction of Phase IB of
Margaret Pace Park which consists of demolition, shoreline stabilization, site grading, storm water
management, water systems, sanitary systems, electric systems, site paving and walls, pergola, tennis
courts, volleyball courts, basketball court and pavilion, vita course, security building, site lighting, site
furniture, landscaping and irrigation, pursuant to the plan dated August 2001.
BACKGROUND
On June 26, 2000, the CRA issued an Request for Bids ("RFB") for the construction of Phase IA and
Phase IB of the Margaret Pace Park located in the Omni Redevelopment Area pursuant to resolution
OMNI/CRA R-00-35. Danville Findorff, Inc. was awarded the contract to construction Phase IA of
Margaret Pace Park. A restated RFB was later issued on May 21, 2001 for the construction of Phase I
(B) improvements to Margaret Pace Park pursuant to resolution OMNI/CRA R-01-06 which also
authorized the CRA Executive Director to select the successful bidder to the RFB but stipulated that
the award of contract was subject to CRA Board approval.
C9 �,/CRA
02- 1
Chairman Arthur E. Teele Jr. and
Members of the CRA Board
Annette E. Lewis
Acting Executive Director
January 28, 2002
ITEM 7
January 28, 2002
Award of contract with Danville Findorff,
Inc. for Construction Phase I(B) for
Margaret Pace Park
Resolution and Supporting Documents
RECOMMENDATION
It is respectfully recommended that the CRA Board of Directors approve the attached Resolution
awarding the contract to Danville Findorff as General Contractor for the construction of Phase IB of
Margaret Pace Park which consists of demolition, shoreline stabilization, site grading, storm water
management, water systems, sanitary systems, electric systems, site paving and walls, pergola, tennis
courts, volleyball courts, basketball court and pavilion, vita course, security building, site lighting, site
furniture, landscaping and irrigation, pursuant to the plan dated August 2001.
BACKGROUND
On June 26, 2000, the CRA issued an Request for Bids ("RFB") for the construction of Phase IA and
Phase IB of the Margaret Pace Park locaied in the Omni Redevelopment Area pursuant to resolution
OMNI/CRA R-00-35. Danville Findorff, Inc. was awarded the contract to construction Phase IA of
Margaret Pace Park. A restated RFB was later issued on May 21, 2001 for the construction of Phase I
(B) improvements to Margaret Pace Park pursuant to resolution OMNI/CRA R-01-06 which also
authorized the CRA Executive Director to select the successful bidder to the RFB but stipulated that
the award of contract was subject to CRA Board approval.
Ol'jgz/CRA
02- 12
CONTRACT
This AGREEMENT, made and entered into this 3`d day of December A.D., 2001, by and
between the Omni Community Redevelopment Agency, a body corporate and political of
the State of Florida, (hereinafter sometimes called the Omni CRA), an independent
agency of the City of Miami a municipal corporation of the State of Florida, party of the
first part, and _
Danville-Findorff, Inc., a Florida Corporation
Party of the second part (hereinafter sometimes called the "Contractor")
WITNESSETH: That the parties hereto, for the- considerations hereinafter
set forth, mutually agree as follows:
ARTICLE 1. SCOPE OF THE WORK: The Contractor shall furnish all labor,
materials and equipment and perform all the work in the manner and form provided by
the Contract Documents, for the project entitled:
Margaret Pace Park Phase 1-B plus Alternate Item 1 (Tennis Pavilion)
ARTICLE 2. THE CONTRACT SUM: The Omni CRA shall pay to the Contractor,
for the faithful performance of the Contract, in lawful money of the United States, and'.
subject to additions and deductions and based on unit prices (where applicable), all as
providedin the Proposal and other Contract Documents, the sum of ($1,822,104.86).
ONE MILLION EIGHT HUNDRED AND TWENTY TWO THOUSAND ONE
HUNDRED AND FOUR DOLLARS AND EIGHTY-SIX CENTS
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the
provisions fully set forth in the "General Conditions" of the "Specifications," Section
01027 Applications for Payment, and the General Conditions as in the City of Miami
Public Works Department "Standard Contract Documents and Specifications" and
subject to additions and deductions as provided, the Omni CRA shall pay the Contractor
as follows:
(a) On or before the 1 Od' day of each calendar month, the Omni CRA shall
make partial payments to the Contractor on the basis of a duly certified
and approved estimate of work, using Certificate for Payment (AIA
Document G 702) and Continuation Sheet (AIA Document G 703),
performed during the preceding calendar month by the Contractor, less
ten (10%) percent of the amount of such estimate, which is to be
retained by the Omni CRA until all work has been performed strictly
in accordance with this Agreement and until such work has been
accepted by the Omni CRA.
CMj, / CRA
02- 12
(b) Upon submission by the Contractor of evidence satisfactory to the
Omni CRA that all payrolls, material bills and other costs incurred by
the Contractor in connection with the construction of the work have
been paid in full, and also, after all guarantees that may be required in
the Specifications or by the Contractor have been furnished and are
found acceptable by the Omni CRA, final payment on account of this
Agreement shall be made within sixty (60) days after completion by
the Contractor of all work covered by this Agreement and acceptance
of such work by the Omni CRA.
ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to
be performed under this Contract within seven (7) consecutive days after the date of
written notice from the Executive Director of the Omni CRA to begin work as noted -in
the Proposal and shall fully complete the Contract in accordance with the Contract
Documents within one hundred thirty (130) working days as set forth in the Proposal.
It is mutually agreed between the parties hereto, that time is the essence of this
Contract, and, in the event that construction of the work is not completed within the time
herein specified, it is agreed that from the compensation otherwise to be paid to the
Contractor, the Omni CRA may retain for each day thereafter, Sundays and holidays
included, that the work remains uncompleted, the sum set forth in the General Conditions
of the Specifications, Section 0800 Supplementary Conditions paragraph 1.10 A. Failure.
to Complete "Work on Time, and of the City of Miami Department of Public Vorks
"Standard Contract Documents and Specifications" Division, General Conditions Section
6, paragraph 6-9 Failure to Complete Work on Time, which sum represents the actual
damage which the Omni CRA, will have sustained per day by failure of the Contractor to
complete the work within the time stipulated, and this sum is not a penalty, but will be
the liquidated damage that City will have sustained in event of such default by the
Contractor. The City of Miami Department of Public Works "Standard Contract
Documents and Specifications" Division, General Conditions Section 6, paragraph 6-9
Failure to Complete Work on Time which establishes the liquidated damages established
by this contract reads as follows: The work as defined in subsection 1-2 Definitions is to
be fully completed within the time limit set forth in the Proposal and it is understood and
agreed that the time limit for completion of said work is of the essence of the Contract.
Should the Contractor fail to complete the work on or before the date specified, it is
agreed that for each calendar day that any portion of the work shall remain uncompleted,
after the time specified in the Proposal, with any extension of time which may be allowed
by the City (Omni CRA) for the completion of the work .provided for in the Contract
Documents, the sum per day given in the following schedule, shall be deducted from the
monies due the Contractor, not as a penalty but as liquidated damages and added expense
for inspection.
2 C-, �N1/CRA
9 2 - 12
Amount of Contract Liquidated Damages per day
Less than $ 99,999................................One Hundred Dollars ($100)
$100,000 up to$199,999........................Two Hundred Dollars ($200)
$200,000 up to $299,999 ........................Three Hundred Dollars ($300)
$300,000 up to$499,999........................Five Hundred Dollars ($500)
$500,000 or more.................................One tenth of one percent (0.1 %)
Of the amount of the contract,
rounded up to the
hundred dollars ($100).
nearest one
The Contractor shall take into account all contingent work which has to be done by other
parties, arising from any cause whatsoever and shall not plead his want of knowledge of
said contingent work as an excuse for delay in his work, or for non-performance.
Nothing in this clause shall be construed as limiting the right of the Commission (Board
of Directors of the Omni CRA) to declare the Contractor to abide by each and every one
of the terms of this Contract as set forth and provided for in the Contract Documents.
The period of time for completion set forth in the Proposal shall be extended in amount
equal to time lost due to causes, which could not have been foreseen, or beyond the
control of the Contractor, and which were not the result of his fault, negligence, or
deliberate act. Extension of time for completion shall also be allowed for delays. in the
progress of the work caused by any *act or omission on the part of the City (Omni: CRA)
or its employees, or by other Contractors employed by the City (Omni CRA), or delay
due to an act of the Government, or for any delay in the furnishing of plans and necessary
information by the Engineer, or for any other cause, which, in the opinion of the Engineer
entitles the Contractor to an extension of time. The Contractor, however, shall not be
entitled to any payment for claims on account of hindrances or delays from any cause
whatsoever.
The contractor shall notify the Engineer within five days of any occurrence, which, in the
Contractor's opinion, entitles him to an extension of time for completion. Such notice
shall be in writing. The Engineer shall acknowledge in writing receipt of any such claim
by the Contractor within five days of its receipt.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the
parties hereto, that if, at any time after the execution of this Agreement and the
Performance Bond hereto attached, when required for its faithful performance, the Omni
CRA shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any
reason, in the opinion of the Executive Director of the Omni CRA; such bond ceases to
be adequate to cover the performance of the work, the Contractor shall, at his expense,
within five (5) days after receipt of notice from the Executive Director so to do, furnish
an additional bond or bonds in such form and amount, and with such surety or sureties as
shall be satisfactory to the Omni CRA. In such event, no further payment to the
Contractor shall be deemed to be due under this Agreement until such new or additional
CRA
02- 12
security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the Omni CRA.
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter
listed form the Contract and they are as fully as part of the Contract as if hereto attached,
or repeated in this Agreement:
*ADVERTISEMENT FOR BIDS *PERFORMANCE 130NDS el eT P
*PROPOSAL +r-� 47? TT•^� T �Tn PE POW R .: ,;p
*BID BOND *INSTRUCTIONS TO BIDDERS
*CONTRACT *SPECIFICATIONS & CONTRACT
*ADDENDA DOCUMENTS
*STANDARD CONTRACT AND
SPECIFICATIONS FOR PUBLIC WORKS
PROJECTS
PLANS: As prepared by: Bermello Aiamil & Partners, Inc.
Entitled: Margaret Pace Park
Note: In the event there is a conflict between the Margaret Pace Park Specifications and the City of Miami,
FLORIDA Standard Documents and Specifications for Public Works Projects, the latter shall rule.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date first above written in five (5) counterparts, each of which shall, without"
proof or accounting for the other counterparts, be deemed an original contract*.
(SEAL)
ATTEST:
Walter J. Foeman
City Clerk
WITNESS: (If Corporation,
Attach Seal and Attest by Secretary)
ATTEST:
D vil -Fin f, Inc.
o e armnto
Corporate Secretary
OMNI COMMUNITY
REDEVELOPMENT AGENCY
Parry of the first part
Annette Lewis
Executive Director
DANVILLE-FINDORFF, INC.:
Party o co
BY:
Dana C. Sheldon, President _
(Title)
363379847
(Employer Tax I.D. Number)
rd
0Zow 12
Z-TRANCE
Irator
f -,Tient
MALL BE
'ION OF
,FFICER
9
c�c / CRA
02- 12
SWORN ST.....XMENT PURSUANT TO SECTION 2..,,133 (3) (a).
FLORIDA .STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or Contract No. Margaret Pace Park Phase I
—B
For. City of Miami Community Redevelopment Agency
[Print name of the public entity.]
2. This sworn statement is submitted by by Danville-Findorff, Inc.
[Print individual's name and title.]
For Danville_-Findorff, Inc.
[Print name of entity submitting sworn statement.]
whose business address is 2811 S.W. 70th Avenue Miami Florida33155
and (if applicable) its Federal Employer Identification Number (FEIN) is 363379847
(If entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
4. ivry name is uana c: ineigon and my relationship to the
[please print name of individual signing]
entity named above is President
4. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means
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.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes means a
finding of guilt or a conviction of public entity crime, with or without an adjudication of guilt, if any federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes means:
1. 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.
I understand that a "person" as defined in Paragraph 2 87.13 3 (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
C„/CRA
02- 12
"person" includes those,-%.,cers, directors, executives, partners, sharehol&..-_,,,nployees, members, and agents
who are active in management of an entity.
8. 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.]
XX 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 crime subsequent 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, or an affiliate of
the entity has been charged with and convicted of a public crime subsequent July 1, 1989. AND [please indicate
which additional statement applies].
There has been a proceeding concerning the conviction before a hearing officer of the State of
Florida.Division of Administrative Hearings: The final order entered --by the hearing officer did not place the
person or affiliate on the convicted vendor list. [Please attach copy of the final order.]
The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding
before a hearing officer of the State of Florida, Division ofAdministrative Hearings. The final order entered by
the hearing officer determined that it was in the public interest to remove the person or affiliate from the
convicted vendor list. [Please attach a copy of the final order.]
The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken
by or pending with the Department of General Services.]
M
1/ Ia %,. J11G1LLVI1, r1G01UVJ1L
Date: December 3, 2001
STATE OF FLORIDA
COUNTY OF MIAMI DADE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Dana C. Sheldon who, after first being sworn by me, affixed his signature
In the space provided above on the 3rd day of December ' 2001.
NO ARY PUBLIC
My commission expires August 6, 2002
Form PUR 7068 (Rev. 6/97)
1�11111111111.F N(n'ARY SEAL
E PATRICIA ESCO13AR
pTA1tY P'JBL1C STATE OF FLORrvA
CONVIALFION No. c:^FSAS2
`N:i5S11;=F Ar, (, 2c02
hll' COti,
0N,I/CRA
02w 12
(NTH OF ALLEGIANCL+-
I, Dana C. Sheldon , do solemnly swear
or affirm that I do not advocate nor am I a member of the Communist Party or any other political
party or organization that advocates the overthrow of the Government of the United States by force
or violence; that I have not and will not lend any aid, support, advice or counsel or influence to the
Communist Party; that I do not believe in the -overthrow of the Government of the United States or
the State of Florida by force or violence; that I am not a member nor have I knowingly ever been a
member of any organization or party which believes in or teaches, directly or indirectly, the
overthrow of the Government of the United States or Florida by force or violence; and that during
such times as I am under contract to the City of Miami for any municipal improvements, I will not
advocate nor become a member of any political party or organization that advocates the overthrow of
the Government of the United States by force or violence.
M
Dana C. Sheldon President
Title
SWORN AND SUBSCRIBED TO BEFORE ME THIS 3RD DAY OF DECEMBER, 2001.
My Commission Expires
l kii
Notary Public, State of Florida at Large
E. Patricia Escobar
OI Ff C(Al NO T ARY5EAL
E PATRICIA ESCOBAR E
j NOTARY p DUC STATE OF FLORIUr
f CCU+'4;�+15510N NO. CC76s454
( �•".'; i'L�:��;�4LSStO�TEXP A j 6,Zp�2
August 6h' 20 02
0�,�IIlCRA
02" 12
THE CITY OF MIAMI, FLORIDA
OMNI COMMUNITY REDEVELOPMENT AGENCY
AFFIDAVIT
(Certifying compliance with Section 4
(c) of the Charter of the City of Miami)
STATE OF FLORIDA ) SS
COUNTY OF DADE )
Before me, the undersigned authority, authorized to administer oaths and take
acknowledgements, personally appeared Dana C. Sheldon
who, after being first. duly sworn upon oath deposes and says that to the best of his knowledge and
belief no Commissioner, Mayor or other officer or employee of the City of Miami, Florida, is
interested, directly or indirectly, in the profits or emoluments of the contracts, job, work or service for
the City of Miami in connection with the contract, construction and/or purchase of
Margaret Pace Park Phase 1-B
SIGNED
Signed, sealed and
Delivered in the presence of
E. Patricia Escobar
C i • nt (SEAL)
-Pre
SWORN AND SUBSCRIBED TO BEFORE ME this 3rd day fDecember, 2001.
Notary Public, State of Florida at Large
. ICtA FSC
jrtjr, C STATI O'i� 1,31 z E. Patricia Escobar
2'S;t y Commission Expires
August 6'h 2001.
® v.LNI / CRA
02- , 12
THE CITY OF MIAMI, FLORIDA
OMNI COMMUNITY REDEVELOPMENT AGENCY
AFFIDAVIT
(Certifying compliance with Section 4
(c) of the Charter of the City of Miami)
STATE OF FLORIDA ) SS
COUNTY OF DADE )
Before me, the undersigned authority, authorized to administer oaths and take
acknowledgements, personally appeared Dana C. Sheldon who, after being
first duly sworn upon oath deposes and says that to the best of his knowledge and belief no
Commissioner, Mayor or other officer or employee of the City of Miami, Florida, or Board Member,
Chairman or other officer or employee of the City of Miami Omni Community Redevelopment
Agency is interested, directly or indirectly, in the profits or emoluments of the contracts, job, work or
service for the City of Miami or the City of Miami Omni Community Redevelopment Agency in
connection with the contract, construction and/or purchase of
Phase" 1-B of Margaret Pace Park located in the City of Miami at 1745 North Bayshore I1: ive
Delivered in the presence of:
E. Patricia Escobar
SWORN AND SUBSCRIBED TO BEFORE ME this 3rd day of December, 2001.
LF
" =;- ' ,,1,3T.-k }�_ No ary Public, State of Florida at Large
PHr�� lg EcL�p� �3. PatriciaEscobar
PIJ�[ r: �T� OF114 ;tUN NO. C ROOMMISSIOr� ��, A *� y Commission Expires
6 p�
August 6ei 2001.
Form P W # 109 6/97
NI NITRA
02- 12
CORPORATE RESOLUTION
WHEREAS, Danville-Findorff, Inc. desires to enter into an
agreement with the City of Miami Omni Community Redevelopment Agency
(herein referred to as Omni CRA) for the purpose of performing the work
described in the contract to which this resolution is attached; and
WHEREAS, THE Board of Directors at a duly held corporate meeting
has considered the matter in accordance with the By -Laws of the
corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the President
(type title of officer)
Dana C. Sheldon Is hereby authorized
(type name of officer)
instructed to enter into a contract, in the name and on behalf of this
corporation, with the City of Miami Omni Community Redevelopment Agency
upon the terms contained in the proposed contract to which this resolution is
attached and to execute the corresponding performance bond.
DATED this 3rd day of
E
dirperson of t 'kFoMirectors
na C. Shel n, President
Secretary 'f- ;rSF
armlent0`--h'CZ4 ESCOBAR
tibL.L `'rATE OF FLORIDA
CO 9MJSSTON NO. CC76345,
Corporate Seal "COAIML`Iic'"�"Ekr. A E2pAr
Coma / CRA
02- 12
COLLIswoWORTH, ALTER. NIELSON. FOWLER & DOW 1G. INC.
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a)
Bond No
Contractor Name
Contractor Address
Contractor Phone No.
Surety Company
PITTSBURGH, PA
Surety Address
19103
ESD7311786
DANVILLE-FINDORFF, INC.
2811 S.W. 70TH AVE., MIAMI FL 33155
305/262-9337
NATIONAL UNION FIRE INSURANCE COMPANY -OF
1700 MARKET ST. SUITE 2000, PHILADELPHIA, PA
Surety Phone No. 215/255-6187
Owner Name CITY OF MIAMI OMNI COMMUNITY
REDEVELOPMENT AGENCY
Owner.Address 3500 PAN AMERICAN DRIVE, MIAMI, FL
Owner Phone Number 305/416-1200
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No..( If Applicable)
Project Name MARGARET PACE PARK PHASE 1-B
Project Location 1745 N. BAYSHORE DRIVE, MIAMI, FL
Legal Description and Street Address
DADE COUNTY, FLORIDA SECTION 31 TOWNSHIP 53S RANGE 42E MIAMI
Description of Work NEW CONSTRUCTION
FRONT PAGE
All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that
may be preprinted thereon.
O-;p,?I/CRA
02- 12
PERFORMANCE- BOND
Page 1 of 5
PERFORMANCE BOND
NOTICE: Miami City Code Section 18-54.4
Miami City Code Section 18-54.4
Bond No. ESD7311786 provides that the limit of surety
acceptable from any one company on
any one risk shall be 10% (ten
STATE OF FLORIDA) percentum) of the combined capital
COUNTY OF DADE ) and surplus as shown by the last
CITY OF MIAMI ) published report of the surety
company. The company shall be
rated a„minimum of A: CLASS V or
above in accordance with the Best's
Key Rating Guide -Latest Edition.
KNOW ALL MEN BY THESE PRESENTS: That
Danville-Findorff, , Inc. (hereinafter called the "PRINCIPAL") AND
National Union Fire Insurance Company of Pittsburgh, PA
(hereinafter called the "SURETY") are held and firmly bound into The City of Miami, and
the City of Miami Omni Community Redevelopment Agency, Miami, Florida, (hereinafter
called the,, OWNER"), in the penal
One'Million Eight Hundred Twenty Two Thousand One
sum of Hundred Four and 86/100****** Dollars
(g 1,822,104.86 ) for the payment of which we. bind ourselves, our heirs, executors,
administrators, successors and assigns for the faithful performance of a certain written
contract dated the 3rd day of December , A.D. 20 01 , entered into
between the Principal and The City of Miami Omni Community Redevelopment Agency,
Miami, Florida, for:
MARGARET PACE PARK PHASE 1-B PLUS ALTERNATE ITEM 1 (TENNIS PADILLION)
a copy of which said Contract is incorporated herein by reference and is made a part
hereof as if fully copied herein.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH,
that, if the Principal shall in all respects comply with the terms and conditions of said
Contract and his obligations thereunder, including the Contract Documents (which include
the Advertisement for Bids, Instructions to Bidders, Proposal, Bid Bond, Contract,
Performance Bond, Specifications,
The provisions and limitations
of Section 255.05 or Section
713.23, Florida Statutes,
whichever is applicable to the
contract, are incorporated in
this bond by reference.
Revisions of January, 1987
O / CRA
02- 12
PERFORMANCE BONO
Pa:e 2 of j
Bond, Contract, Performance Bond, Specifications, Addenda and Plans, therein referred to and
made a par, thereof, and such alterations as may be made in said Plans and Specifications as
therein provided for, and shall indemnify and save harmless the Owner against and from all costs,
expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent
infringement on the part of said Principal, agents or employees, in the execution or performance of
said Contract, including errors in the Plans furnished by the Principal, and further, if such
"Contractor' or "Contractors" shall promptly make payments to all persons supplying him, them, or
it, labor, material and supplies used directly or indirectly by said Contractor, Contractors. Sub
contractor or Subcontractors in the prosecution of the work provided for in said Contract, this
obligation shall be void; otherwise, the Principal and Surety jointly and severally agree to pay the
Owner any difference between the sum to which the said Principal would be entitled on the
completion of the Contract, and that which the Owner may be obliged to pay for the completion of
said work by Contract or otherwise, and any damage, direct or, indirect, or consequential, which the
said Owner may sustain on account of such work, or on account of the failure of the said Contractor
to properly and in all things, keep and execute all of the provisions of said Contract.
And the said Principal and Surety hereby further bind themselves, their successors, executors,
administrators and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgements which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damage arising from the performance of said work, repair or maintenance thereof, or
the manner of doing the same or the neglect of the said Principal or his agents or servants, or the
improper performance of the said work by the Principals or his agents or servants, or the
infringements of any patent rights by reason of the use of any material furnished or work done as
aforesaid or otherwise.
And the said Principal and Surety hereby further bind themselves, their successors, heirs,
executors, administrators and assigns, jointly and severally, to repay the Owner any sum which the
Owner my be compelled to pay because of any lien for labor or material furnished fort he work
embraced by said Contract.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract or to the work to be performed thereunder of
the specifications accompanying the same shall in any wise affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms
of the Contract or to the work or to the Specifications.
And a claimant, except a laborer, who is not in privity with the contractor and who has not received
payment for his labor, materials, or supplies shall within 45 days after beginning to furnish labor.
materials or supplies for the prosecution of the work, furnish the contractor with a notice that he
intends to look to the bond for protection. A claimant who is not in privity with the contractor and
who has not received payment for his labor, materials or supplies deliver to the contractor and to
the surety written notice of the performance of the labor or delivery of the materials or supplies of
the nonpayment. No action for the labor materials, or supplies may be instituted against the
contractor or the surety unless both notices have been given. No action shall be instituted against
the contractor or the surety on the bond after 1 year from the performance of the labor or
completion of delivery of the materials or supplies,
( TNM/CRA
0 2 -- 12
PERFORMANCE 30NC
Pagt a of
IN TESTIMONY WHEREOF, Witness the hands and seals of the parties hereto
this 3rd day of December J A.D., 20 01
ATTEST:
ow-WiM
PRINCIPAL:
Danville -Fin orff, Inc.
I e of p.arporgtk
A v
Si Authorized Officer
Bo armiento
Affix_ Corporate Secretary
Desna C. Sheldon, President
Seal Secretary
Title
2811 SW 7,0 Avenue
Business Address
Miami, Florida 33155
City State Zip
WITNESSES: (2 required)
SURETY:
�/�,,�
J�/L�yyQ/f
National Union Fire Insurance Company
of ,Pietsburgh, PA
Name
5979..N.W. 151 St. #105
N� °�"o�j�rpbration
� /!
Miami Lakes, FL 33014
t�l
Address
SignattNe of Authorized Officer
Charles J. Nielson, Attorney In Fact
& Resident Agent
Name-
5979 N.W. 151 St. #105
Title
Miami Lakes, FL 33014
1700 Market Street Suite 2000
Address
Business Address
Phil.affelphia, PA 19103
:pity f / Zip
f 3����f
Signature of Local Agent
APPROVED AS TO FORM AND
Charles J. Nielson
CORRECTNESS:
Name of Local Agent
5979 N.W. 151 Street, Suite 105
Address
Miami Lakes, FL 33014
Alejandro Vilarello
City State Zip
(305) 822-7800
Telephone Number
01v1 CRA
02- 12
PERFORMANCE80ND
Psee 4 of 5
STATE OF FLORIDA )
COUNTY OF DADE ) SS
CITY OF MIAMI)
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared
Charles J. Nielson
to me well known, who being by me first duly sworn upon oath, says that he is the attorney -in -fact
for National Union Fire Insurance Company of Pittsburgh, PA
and that he has been authorized by them
R
execute the foregoing bond on behalf of the Contractor names therein in favor of The City of Miami
and the City of Miami Omni Community Redevelopment Agency, Miami, Florida.
Subscribed and sworn to me before me this 3rd J day of December
A.D., 20 01 Z1"' �/ ��• /x-2lL
Notary Public, State of Florida :t Large
My Commission expires
�. t.aure lee cMner
* * My Commission CC91 W73
STATE OF1FLORIDA ) '+,,rI' EmiresMarch 06.2004
COUNTY OF DADE ) SS
CITY OF MIAMI )
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that he is the attorney -in -fact
for
and that he has been authorized by to
execute the foregoing bond on behalf of the Contractor names therein in favor of The City of Miami
and the City of Miami Omni Community Redevelopment Agency, Miami, Florida.
20
Subscribed and sworn to me before me this day of A.D.,
Notary Public, State of Florida at Large
My Commission expires
0,
/ cRA
0212
PERFORMANCE BOND
Psgc ; of c
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Bonnie Sarmiento certify that I am the Secretary of the Corporation
named as principal in the within bond; that
Dana C. Sheldon
who signed the said bond on behalf
of the principal was then President
of said
Corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested for in behalf of said corporation by authority of
its governing body.
r.
1 l I k Y v (CORPORATE SEAL)
ecretary
iiento, Corporate Secretar_A
O'NIM/CRA
02- 12
American Hume .-assurance Ct a ny PONN ER OF-\TTOIZ\ _
'National Union Fire Insurance t:ompan of Pittsburgh, Pa.
11rnicipal Bond Olticr 10 Pure Suter. \e.. } oik. \} 1027
K'sM� ALL -IEN 131 THESE PRESENTS:
I i;.;; \merican Honer ,Assurance Conipar• a \e%N ) ork corporation. and \anonal L nion Fir: Insurance Conrp,tn\ o:
a Pcnn�,.kania corporation. does each hereb% appoint
---John M. Barnes. Charles J. Nielson, Warren M. Alter, Laura L. Ch nier, Mari C. AceNes: of Miami Lakes. Florida ---
its true and lawful Attorne\(s)-in-Fact. Nsith full authorit% to execute on its behalf bonds, undertakings. reco'_nizarces at;d otL•rr
contracts of indemnit\ and \\ritim s obligator,,- in the nature thereof. issued in the course of its business, and to bind the
conipan� thereb\.
IN \\ ITNESS WHEREOF. American Home Assurance Compam\ and National Union Fire Insurance Compam of Pitubur_h, Pa.
ha% e each executed these presents
r*o0-M&L s this 12` day of February . 2001.
Si � ti ar i.
)Marl(/A lall�inee, Vice resident
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this 12th of February. 2001. before me came the above -
named officer of American Home Assurance Company and National
Union Fire Insurance Company of Pittsburgh. Pa.. to me personalh t.ARA A. CA?:' e.:
krot %n to be the individual and officer described herein. and N'o;ary Public.-Stata a N-lw Yorr
a,:kno« led_ed that he executed the forzgoin! instrument and affixed tso. 01CA50' 3_`1:
>cals of said corporations thereto bs authont,, of his office. Qualified in Riehmer! County
Cert:Ccate f::.. it New York County
Comm;ss'o^ Ev—i,a; r,f: " 20_lnf�j
CERTIFICATE
()!'Resolutions adopted b\ the Boards of Directors of American Home Assurance Compan\ and National union Fire Insurance Company of
Pi'.1�bUr2h. Pa on Mal\ 18. 1976:
"RESOLVED. that the Chairman of the Board. the President. or an. Vice President be. and hereb\ is. authorized to appoint Attornexs-in-Fact to
represent and act for and on behalf of the Company to execute bonds, undertakings, tecognizanees and other contracts of indemnit. and %�ritings
bi gatun in the nature thereof, and to attach thereto the corporate seal of the Compam. in the transaction of its surety business; -
"RESOLVED, that the signatures and attestations of such officers and the seal of the Compan\ ma% be affixed to any such Power of Attorne% or to
an,. certificate relating thereto b\ facsimile. and am such Po\�er of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
id and bindinL upon the Compan. %%hen so affixed with respect to am bond. undertaking, recognizance or other contract of indemnity or �%ritin_
li_atur in the nature thereof. `
"RESOLVED. that anc such ,-Auorne\-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect ma_% insert in such
certification the date thereof, said date to be not later than the date ofdelner\ thereof by such Attorne%-in-Fact."
1. Elizabeth M. Tuck. Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa. do
certif, that the foregoing excerpts of Resolutions adopted b\ the Boards of Directors of these corporations. and the Po«ers of Auorne%
i»u,:d pursuant thereto. are true and correct. and that both the Resolutions and the Po%�ers of Attorney are to full force and effect.
I\ NNATNESS NVHEREOF. I hase hereunto set my hand and affixed the facsimile seal of each corporation
this 3rd da, of December 2001
Elizabeth i`rt. Tuck, Secretary
2111 1/
ONNIm/CRA
02-- 12
COI -hi, vSWORTH. ALTER. NIELSON. FOWLER & DOWL-eNG. INC.
BOND DEPARTMENT
PUBLIC WORKS BOND
IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a)
Bond No
Contractor Name
Contractor Address
Contractor Phone No.
Surety Company
PITTSBURGH, PA
Surety Address
19103
ESD7311786
DANVILLE-FINDORFF, INC.
2811 S.W. 70TH AVE., MIAMI FL 33155
305/262-9337
NATIONAL UNION FIRE INSURANCE COMPANY 'OF
1700 MARKET ST. SUITE 2000, PHILADELPHIA, PA
Surety Phone No. 215/255-6187
Owner Name CITY OF MIAMI OMNI COMMUNITY
REDEVELOPMENT AGENCY
Owner Addregs 3500 PAN AMERICAN DRIVE, MIAMI, FL
Owner Phone Number 305/416-1200
Obligee Name
(If contracting entity is different from the owner, the contracting public entity)
Obligee Address
Obligee Phone No.
Contract No..( If Applicable)
Project Name MARGARET PACE PARK PHASE 1-B
Project Location 1745 N. BAYSHORE DRIVE, MIAMI, FL
Legal Description and Street Address
SECTION 31 TOWNSHIP 53S RANGE 42E MIAMI
DADE COUNTY, FLORIDA
Description of Work NEW CONSTRUCTION
FRONT PAGE
All other bond pages(s) are deemed subsequent to this page regardless of any page number(s) that CAA
may be preprinted thereon. 02..
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. ESD7311786
AIA 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
Danville Findorff, , Inc. (Here insert run name and address or legal title of Contractorl
2811 S.W. 70th Avenue, Miami, FL 33155
as Principal, hereinafter called Principal, and,
National Union Fire Insurance Company of PittsburghH,erePAert full name and address or legal title of Surety)
1700 Market Street, Suite 2000, Philadelphia, PA 19103
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Miami Omni Community Redevelopment Agency (Here insert full name and address or legal title or owner)
3500 Pan American Drive, Miami, Florida
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
One Million Eight Hundred Twenty Two Thousand One Hundred
amount of Four and 86/100******
(Here insert a sum equal to at least one-half of the contract price) Dollars ($ 1,822,104.86
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated December 3 :422001entered into a contract with Owner for
(Here insert full name, address and description of project)
MARGARET PACE PARR PHASE 1-B PLUS ALTERNATE ITEM 1 (TENNIS PAVILLION)
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.
02- 12
AIA DOCUMENT A311 PERFORMANCE. BOND AND LABOR AND MATERIAL PAYMENT BOND • A!A aal/CPA
FEBRUARY 1970 ED, •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., 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 fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract 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
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or 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 ad-
dressed to the Principal, Owner or Surety, at any place
where an office ---is regularly maintained for the trans-
action 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 em-
bodied 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, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, 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
mechanics' 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.
Signed and sealed this 3rd day of
'THIS BOND HEREBY IS AMENDED SO, THAT THE PROAPSICNS AN LIMITATIONS OF SECTION 255.05 OR SECTION 713.23
eLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE
NCORPOR�TED HEREIN BY REFERENCE.
i/ Danville
i i%r
(Witnvss)
Alina Linares
December :" 2001
rf, f , Inc.
- (Fille)
C. Sheldon, President
I$eAb
National Union Fire Insurance Company of Pittsburgh,
(swr•Iy) PA
iTit ll')
Charles J. Nielson, Attorney In Fact & Resident
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT 9ONO • AIA Q nt
FEBRUAkY 1970 Et). • THE AMERICAN INSTITUTE OF ARCHITECTS, 17IS N Y. AVE., N.W., WASHINGTON, D. C. 1(x)06 O 2 — 412
American }Ionic .assurance C )anN PONN I-1: 01 \1 11
National t nion Fire Insurance Compam of Pittsburgh, Pa.
BonJ (>t;i '!l Pu,. \C%+ } ork- M 10270
KNON\ ALL MIEN B1 THESE PRESENTS:
1 ha; :\ulercan I lonl, Assuran,-; Conlpan+. a \e+ l ork corporation. anJ National Union Fir,- hlsura1lCC Conlr,ur
,i Penn,+l+ania corporation. does each hereb+ appoint
---John M. Barnes, Charles J. Nielson. Warren IN]. Alter. Laura L. Civiner, Mary C. Aceves: of ,Nlianli Lakes. Florida ---
!:� nr:: all" la++ful Attorney(s)-in-Fact, wIth fu'l 3uthorit� to execute oil is behalf bonds. ur,"ertakin_s. reco_n;zal:c,-5 a^J other
c��n;ra�[, O: I^Jelllil i[+ and +mtin_s obllL_mior',in the nature thereof. issued ill the COtll'Se of its btlsineSS. anJ t(I bin,, th,-
compan+ thereb+.
IN N� ITNESS WHEREOF. American Home Assurance Company and National Union Fire insurance Compam of PittSburgh. Pa.
Ila\ e each executed these presents
04"" this 12" day of Februar, , 2001.
=x. Mark A lallpnee. Vice resident
� t
S I ATE OF NEW Y RK )
COUNTY OF NEW YORK )ss.
On this 12th of Februar%. 2001. before me came the above -
named officer of American Home Assurance Company and National
Union Fire Insurance Company of Pittsburgh. Pa., to me personally t.ARA A. CAt..`
.kno+ln to be the individual and officer described herein, and Notary Public, State or New York
ackno++ledged that he executed the foregoing instrument and affixed No. 01C.i5-X.3.°4
tc seals of said corporations thereto b+ authority of his office. Qualified in Piehmcn.� County
Certificate f: ed in New York Count.,
Comrnlss;n� Er^iras P^^ ;.'. 20_10f]J
CERTIFICATE
E.xc.rrt> of Resolutions adopted b+ the Boards of Directors of American Home Assurance Compam' and National union Fire Insurance Compam of
Pirtsbur`h. Pa. on Nlay 18. 1976:
"RESOLVED. that the Chairman of the Board, the President. or any Vice President be. and hereby is. authorized to appoint Attorne,,s-in-Fact to
represent and act for and on behalf of the Compam' to execute bonds, undertakings. recognizances and other contracts of indemnit+ and writings
obli_ator+ in the nature thereof. and to attach thereto the corporate seal of the Company. in the transaction of its surey business:
"RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to am. such Po%%er of Attorne\ or to
an + certificate relating thereto b+' facsimile. and any such Po++er of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
+a1!d and binding upon the Compam ++hen so affixed with respect to an+ bond. undertaking. recognizance or other contract of indemnity_ or ++rune
obl!_ator\ in the nature thereof'.
"RESOLVED, that am' such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect ma+ insert in such
c,-riificaiion the date thereof. said date to be not later than the date of deliyen thereof b+ such Attorney -in -Fact."
1. Elizabeth M. Tuck. Secretary of American Home Assurance Company and of National Union Fire insurance Compam of Pittsburgh. Pa. do
hcreh% certif• that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations. and the Po++ers of Attorne%
!ssu,-d pursuant thereto, are true and -correct. and that both the Resolutions and the Po++ers of Attorne% are in full force and effect.
IN WITNESS %N'HEREOF. I have hereunto set my hand and affixed the facsimile seal of each corporation
this 3rd day of December 2001
µ F;`�w Elizabeth M. Tuck, Secretar+
�'l- 0 /i k
C, i %ii VT / i RA
hi 100 � 3,'99
02- 12