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HomeMy WebLinkAboutExhibit7ATTACHMENT A Payment and Performance Bond • • This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Project Number: Project Description: Project Address: GREAT AMERICAN INSURANCE COMPANY 1060 MAITLAND CENTER COMMONS BLVD., STE. 100 MAITLAND, FL 32751 866-768-5959 7978628 MEF CONSTRUCTION INC 782 NW LEJEUNE ROAD STE 640 MIAMI, FL, 33126 305-216-0977 CITY OF MIAMI 444 SW 2ND AVENUE MIAMI, FL 33130 05-06-095 CITYWIDE SIDWALK REPAIR PROJECT PHASE 29, B-43114A CITY OF MIAMI, MIAMI DADE COUNTY, FL Legal Description of Property: CITYWIDE SIDWALK REPAIR PROJECT PHASE 29, B-43114A This is thefront ont page of the bond. All other pages are subsequent regardless of the pre-printed numbers. Bond No. 7978628 00710. FORM OF PERFORMANCE BOND (Page lof 3) BY THIS BOND, We MEF Gonstruciton, Inc. , as Principal, hereinafter called Contractor, and Great American Insurance Compaaysurety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Hundred Fifty Thousand p I rs died uu ($ 250, 000. Opfor 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: 05- 06-095, awarded the day of , , 20 , 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 Citywide Sidewalk Repair _Project, Pt� 9, , the Contract being .made a part of this Bond by reference, at the times and in tt1e mprescribed 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 thereunder, 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 Bid No. 05-06-095 Paee 47 • This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Project Number: Project Description: Project Address: GREAT AMERICAN INSURANCE COMPANY 1060 MAITLAND CENTER COMMONS BLVD., STE. 100 MAITLAND, FL 32751 866-768-5959 7978628 MEF CONSTRUCTION INC 782 NW LEJEUNE ROAD STE 640 MIAMI, FL, 33126 305-216-0977 CITY OF MIAMI 444 SW 2ND AVENUE MIAMI, FL 33130 05-06-095 CITYWIDE SIDWALK REPAIR PROJECT PHASE 29, B-43114A CITY OF MIAMI, MIAMI DADE COUNTY, FL Legal Description of Property: CITYWIDE SIDWALK REPAIR PROJECT PHASE 29, B-43114A This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. Bond No. 7978628 00710. FORM OF PERFORMANCE BOND (Page lof 3) BY THIS BOND, We MEF Construciton, Inc. , as Principal, hereinafter called Contractor, and Great American Insurance CompasySurety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Hnndred Fifty Thousand p�I�rs acid XX/ 1 ($ 250, 000. 0pfer 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: 05- 06-095, awarded the day of , 20 , 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 Citywide Sidewalk Repair Protect, P gg 9, , the Contract being made a part of this Bond by reference, at the times and in the Th ht f 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 thereunder, 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 Rid No. 05-06-095 Page 47 • 00710. FORM OF PERFORMANCE BOND (Page 2 of 3 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 changes does not affect Surety's obligation under this Bond. Signed and sealed this b day of��02- 200� Bid No. 05-06-095 Page 48 • 00710. FORM OF PERFORMANCE BOND (Page 3of 3) By: (CORPORATE SEAL) IN THE PRESENCE OF: MEF Jonstruction, Inc. of Corporation) (Signet Mcria l){JA (Print Name and Title) INSURANCE COMPANY: Grea t By: Agent and torney-in-Fact - Michael Bonet Address: 1 60 Maitland Center Commons Blvd., 1/ ce Company (Street) Maitland, FL 32751 (City/State/Zip Code) Telephone No.: 866-768-5959 Bid No. 05-06-095 Page 49 Bond No. 7978628 00720. FORM OF PAYMENT BOND (Page 1of 3) BY THIS BOND, We MEF Construction, Inc. , as Principal, hereinafter called Contractor, and Great American Insurance Compp Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Two Hundred Fifty Thousand Dollars and. KX,rl UU ($ 2500 000.00 ) 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. 05- 06-095, awarded the day of , 20 , 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 attorneys fees 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 "e- na_ng5 Page 50 • 00720. FORM OF PAYMENT BOND (Page 2 of 3) (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 delivery 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. 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 Surety's obligation under this Bond. Signed and sealed this 26 day of ©c- ica, , 2004 . ATTEST: By: ecre ary (Corporate Seal) Contractor MEF Construction, Inc. MtCREL etriVA /PRe5tDEU (Print,,4 Name and Title) #2day of , 20%. Bid No. 05-06-095 Page 51 00720. FORM OF PAYMENT BOND (Page 3 of 3) IN THE PRESENCE OF: INSUANCE COMPANY: Great erg c In urance Company By: Agent an ttorn -y-in-Fact-Michael Bonet Address: 1060 Maitland Center Commons Blvd., # (Street) Maitland, FL 32751 (CitylState/Zip Code) Telephone No.: 866-768-5959 Bid No. 05-06-095 Page 52 • 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL tAC: `- LAn ` , 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 d c'tUCt OCAPiei , who signed the Bond(s) on behalf of the Principal,, was then PAC-5,11Plivr, of said corporation; that 1 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. Secretary (on behalf of) NtE� CoHvnvcriaN, +C Corporation STATE OF FLORIDA ) ) SS (SEAL) COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Michael Boriet 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 Subscribed and Sworn to before me this 2 My commission expires: October 10, 2007 th day of _..Npfary Public, ed therein in favor of City. ate of Flori• a at Large Bonded by Western Surety Company Official Sea! CARMEN E. PILLOT Notary Public, State of Florida My Comm. Expires October 10, 2007 No. DO 236838 Bid No. 05-06-095 Page 53 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET a CINCINNATI, OHIO 45202 • 513.369-5000 a FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ONE No. 0 18051 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by vinue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney - in -fact. for it and in its name. place and stead to execute in behalf of the said Company. as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. MICHAEL BONET Name Address MIAMI LAKES, FLORIDA Limit of Power UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 3RD day of JANUARY , 2004 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHiO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412.4602) On this 3RD day of JANUARY, 2004 . before me personally appeared DAVIDC. KITCHIN. to me known. being Illtly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American surance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOLVED: Thar the Division President, lire several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, front rime to rune, to appoint one or more Attorneys -in -Foci to execute on behalf of the Cmnpaty, as surety: any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; re) prescribe their respective duties and the respective limits tf their aurhorirv; and to revoke any such appointment at any rime. RESOLVED FURTHER: Thar the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of -the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof such signature and seal when .sir used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the sante force and effect as though manually affixed. CERTIFICATION I. RONALD C. HAYES. Assistant Secretary of Great American Insurance Compan. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. 410 Signed and sealed this day of Corporat- Sectry • ATTACHMENT B CORPORATE RESOLUTION WHEREAS, 1'`tt F --vr 5 :c.cT`o e C desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WVIEREAS, 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 ?IKE5 tDEN T ,{ (type title of officer) 11.. C-, u + L. CC 4 , 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. DATED this day of Ocx'DPaet_ , 200c. Chairperson bf=the-BDafr rectors (Corporate Seal)