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PUBLIC PAYMENT BOND
Florida Statute 255.05
BOND NO. 80052717
CONTRACTOR: American Earth Movers, Inc.
821 NE 79th Street
Miami Shore, FL 33138
305-865-6952
SURETY:
The Guarantee Company of North America USA
25800 Northwestern Hwy., Ste. 720
Southfield; MI 48075
248-281-0281
AGENT: Nielson, Rosenhaus & Associates
4000 South 57' Avenue, Suite 201
Lake Worth, FL 33463
(561) 432-5550
OBLIGEE: City of Miami
444 S.W. 2nd Avenue, 8h Floor
Miami, FL 33130
305-416-1280
PROJECT: Ademar and- Davis Canals Maintenance and Dredging
FORM OF PAYMENT BOND (Page 1 of 2) Bond No. 80052717
American Earth Movers, Inc.
BY THIS BOND, We 821 NE 79th St., Miami, FL 33138 as Principal,
The Guarantee Company of North America USA
hereinafter called Contractor, and 25800 Northwestern Hwy., Ste. 720, as Surety, are bound
Southfield, MI 48075
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Nine Hundred Forty Eight Thousand Four
Four Hundred Forty Four and 00/100 Dollars ($ 948,444.00 ) 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., 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. Pays City all losses, liquidated damages, expenses, costs and attorney's flees including
appellate proceedings, that City sustains because of default by Contractor under the
Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all
labor, materials and supplies used directly or indirectly by Contractor in the performance
of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL
REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who has
not received payment for its labor, materials, or supplies shall, within forty-five
(45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the Work, furnish to Contractor a notice that he intends to look to
the bond for protection. .
2.2 A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days after
performance of the labor or after complete delivery of the materials or supplies,
deliver to Contractor and to the Surety, written notice of the performance of the
labor or.del'ivery of the materials or supplies and of the nonpayment.
2.3. 'No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of
the applicable Notice and Time Limitations provisions prescribed in Section
255.05(2), or Section 95-11, Florida Statutes.
107
FORM OF PAYMENT BOND (Page 2 of 2)
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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 changes does not affect the S obligation under this Bond.
Signed and sealed this -' dav of 20 09
a8w i� i; t with Wita0a
"gip a �'leiir�i�t tt<a Contractor
mIU be fn accordaxics wM 6a
ST: eOLAIV1 i
(Name of Corporation) Ttj
A
r
ry)
(Corporate Sea[)
1N THE PRESENCE OF:
As Per Attached Power of Attorney
By:
(Print Name and Title)
27th day of March 20 09
INSURANCE C P
The Guarantee a orth America USA
By:
A nt ttorney-in-5act
J son z, Attorney in Fact
AddreSS25800 Northwestern Hwy., Ste. 720
(Street)
Southfield, MI 48075
(City/State/Zip Code)
Telephone No.: 248-281-0281
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Ydrbigan
low POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Brett Rosenhaus, Ason Satz
Nelson and Company, Inc. —Lake Worth
its true and lawful attomey(s)-in-fact to execute,, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required .or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instruments) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the lay -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. 7o appointAttomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given. to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the Modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 3110 day of December 2003, of which the following is a true excerpt:
RESOLVED 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, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused
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yOR%iAME�°�GP
this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day
of May, 2008.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN
County of Oakland
Stephen Dullard, Vice President
Randall Musselman, Secretary
On this 1st day of May, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument Is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
said Company.
Cynthia A. Take! IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North Am erica USA offices the day and year above written.
County of Oakland
P.Irw
My Commission Expires February 27, 2092�Acfing in Oakland County
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITLESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27thday of March 2009
� JpR,p.NTEfcO$ -
K
f Randall Musselman, Secretary
CERTIFICATE AS TO CORPORATE PRINCIPAL
1, ' 1� } certify that I am the Secretary of
the corporation named as Principal in the foregoing Performance and Payment Bond
(Performance Bond and Payment Bond); that CE who signed the
Bond(s) on behalf of the Principal, was then f said corporation; that I know
his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were)
duly signed, sealed and attested to on behalf of said corporation by authority of its governing
body.
r
(SEAL)
Se reta behalf of)
Corporation
STATE OF FLORIDA }
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly
duly commissioned, qualified and acting personally,
appeared o t ` `��' V to me well known, who being by me
first duly sworn upon oath says that he/she has been authorized to execute the foregoing
Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of
Contractor named therein in favor of City. C
Subscribed and Sworn to before me this �I day ofy j,
20
My commission expires; ��, 'aarto
Notary Public, State of Florida at Large
OS12�12D1D �` "=
NOTARY PUBLIC
Commission � :'
DaSsis..:
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