HomeMy WebLinkAboutContract Execution FormSection 6- Contract Execution Form
THIS Contract -L0(contract number) made this iW ay of V^t in the year 2009
by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and (name of
Contractor) American Earth Movers, Inc.
IN WITNESS WHEREOF, the parties have executed. this Agreement as of the day and
year first above written.
ATTEST:
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST:
Thorhpson, City CI
APPROVED AS/TO INSURANCE
REQUIREMENTS:
(J i
LeAnn Brehm, Director
Risk Management Department
r
R)(AME) AMERICAN ' EARTH MOVERS, INC.
Geo tz6a M lj�jK)t
h it Name, .Title - Authori . icer or Official
City
State
ro G. Hem
(Corporate Seal)
i, a municipal corporation of the
.E., City Manager
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Julio O. Bru, City Attorney
103
Ademar And Davis Canals Maintenance Dredging Bid No.: 08-09-019
CORPORATE RESOLUTION
WHEREAS, (ea `k Inc. desires to enter into a
contract with the City of Miami 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 theR,Q/Y�
(type title of officer)
is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation,
With the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
�
t
DATED this, p day of H�%� 20� .
Secretary
(Corporate Seal)
1 104
.^
FORM OF PERFORMANCE BOND (Page 1 of 2) Bond No. 80052717
American Earth Movers, Inc.
BY THIS BOND, We 821 NE 79th St., Mi ani , FL 33138a5 Principal,
The Guarantee Company�of North America USA
hereinafter called Contractor, and 25800 Northwestern Hwy. , Ste. 720, SouthfW,, bAtfi ,'W& bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Nine Hundred Forty Eight Thousand Four Hundred
Forty Four Dollars and 00/100 Dollars ($ 948,444,D0 for the payment'whereof Contractor
and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No: 08-09-019, awarded the 24th day of March , 20 09' , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract';
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
Ademar and Davis Canals Maintenance and Dredging " the Contract being made a
part of this Bond by reference, at the times and in the manner prescribed in the Contract;
and
2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including
appellate proceedings, that City sustains as a result of default by Contractor under the
Contract; and
3.Performs the guarantee of all Work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN
FULL FORCE AND EFFECT,
4. Whenever Contractor shall be, -and declared by City to be, in default under the Contract,.
City having performed City obligations hereunder, the Surety may promptly remedy the
default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
105
FORM OF PERFORMANCE BOND (Page 2 of 2)
4.2. Obtain a bid or bids for completing the Project in accordance with the terms
and conditions of the Contract Documents, and upon determination by Surety
of the lowest responsible Bidder, or, if City elects, upon determination by City
and Surety jointly of the lowest responsible Bidder, arrange for a contract
between such Bidder and City, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract
or Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the 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
amount payable by City to Contractor under the Contract and any amendments
thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changs
�does not affect Surety's obligation under this Bond.
Signed and sealed this T day of _ Com- C� '120 .
(CORPORATE SEAL)
IN THE PRESENCE OF:
As Per Attached Power of Attorney
106
K Ea �e
Name of Corporation)
By: kul
(Si nature)
(Print Name and Title)
INSURANCE COMPANY'.
The Guarantee Company o erica USA
By:
Agent an At -in-Fact
Jason at , o ney in Fact
Address:25800 Northwestern Hwy. , Ste. 720
(Street)
Southfield, M! 48075
(City/State/Zip Code)
Telephone No.: 248-281-0281