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HomeMy WebLinkAboutUntitled Bond No. 21 BCSDG 4457 1615`ACTIVE PARK DRIVE APRIL 10,2005 Construction Performance Bond My singular reference to Contractor, Surety,Ovmer or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): SILTBK GROUP, INC. Hartford Fire Insurance Company 4403 Dogwood Circle 200 Colonial Center Parkway Weston, Florida 33331 Lake Mary, Florida 32746 OWNER(Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach,Plorida 33160 CONSTRUCTION CONTRACT Date: August 16, 2005 Amount: $ 7,186,423.05 Description(Name and Location); 181st DRIVE ACTIVE PARK; BID NO. 05-04-01; ML PROJECT NO. 114122 PROJECT NAME City of Sunny Isles Beach OND Date(Not earlier than Construction Contract Date): August 16, 2005 Amount $ 7,186,423.05 Modifications to this Bond Form: CONTRACTOR AS " t. -PAL SURETY Hartford Fire Insurance Company Company Si -- a oup,�.yt3► (Co) Company CAIQGL'f,C (Corp. Seal) Signs' Signature: Name m2'i e: /.f,_j141414ante and Title: Charles D. Nielson, // ttorney-in-Fact and Florida Resident Ageat CONTRACTOR AS PRINCIPAL /� SURETY Company (Corp. Seal) Company (Corp. Seal) Signature: Signature: Name and Tide: Name and Title: 00601-1 EJCDC No. 191428A OW Edition) 'rented trough thejoint efforts of the Sleety Association of America.Engineers'Joint Contract Dramatist Committee,Mu Associated Jcnaal Caamaaas of America,American Institute of Amh6mu.American Subcontractors Association,and the Associated Specialty :omuactas. k 181ST ACTIVE PARK DRIVE APRIL 10,2005 I. The Contractor and the Surety,jointly and severely,bird themselves,their further notice the Owner Shall be entitled TO enface any remedy available to the help, canton, adminratratonr, suceaten end amigos to the Owner for the Owner, performance of the Coesnucdoe Contra, which le incorporated herein by 6. After the Owner has Menthated the Cantor's right m complete A^ m(mtnco. Conaeucden Contract,and if die Surly elects to cot under Subpngmph 4 2. If the Contractor perfoMs the Cwaouaioo Contract, the Surety and the 4.2,or 4.3 above,then the eaprnmlbillties of the Surety In the Owner shall not I. Contractor shall have no obligation under this Bond, except ea participate in wen than those of the Contractor Beds the Cwttaiae Contract, and the I conferences as provided In Subparagraph 3.1. re ponelbin6o of the Weer to the Surety shall not be greater then thea of the 3. If then is no Owner Default, the Surely's obligation under this Bond shall Owner under the Construction Contract. To the limit of the amount of this Bond, arise after but subject to oommitmo t by the Oats of the Balance of the Contract Aim to 3.1. The Oona has notified the Contractor and the Sway at its ddsras mldgadon of casts and damages on the Constmnice Carat the Swety Is described in Paragraph 10 below, to the Owner is considering obligated without dupliadon(ore I declaring a Conant Default end has requested and attempted to 6.1. The responsibilities of the Contractor for correction of defective i snore a canfaana with the Canners and the Surety to be held work andeompltion of the Consmetian Contra; not in then fifteen days alter receipt of such notice to discuu 6.2. Additional legs deign professional and delay costs resulting methods of perfecting the Cwaudon Contact If the Owner, from the Contractors Default and resulting from the actions or I the Contractor and the Swety agree, the Contactor shall be failure m set of the Surety under Paragraph 4: and allowed a reasonable dose to pert-one the Construction Cant, 6.3. Liquidated damage,or if no liquidated damages are specified in I but Such an antme t shall not waive the Owner'e right, if any, the Construction Conn actual damages cathed by delayed subsequently to decline a CaaeaarDefault; end performing arm-perfomanee of the Contactor. 32, The Owner has deelatd a Contractor Default and formally 7. The Surety shall hurl he liable to the Ower Or others for obligations of the terminated the Cmnaor's right to complete the contra. Suds Co ncter that are wanted to the Construction Contract,and the Balance ofthe Contactor DefaaIt shall not be kneed earlier than twenty days Contact Price shall net be mined or set off on account of any such mutated aper the Contactor id the Surety have received notice as obliptiot. No right of action shall accrue on this Bad to any paean or entity provided in Subparagraph 3.1: and other than the Ownerar its heln,executers,adminhntms,orsucntson. ' 3.3. The Owner has agreed to pay the Balance of the Contract Price to 8. The Surety hereby waives notice of any change,mending changes of time. the Surety In ecmdanee with the terra of tic Construction to the Commietkn Contract ono related subcontracts,parchae ordn and other I Contract or to a connector selected to perform the Coruouetlon obligations, Contract In accordance with the taw of the attract with the 9. Any proceeding legal or equitable, under this Bond may be instituted in Owner. any cant of comtpeeentjuriadicrien in the location In which the work or par of I d. When the Oona has satisfied the conditions of Paragraph 3, die Surety the wore is Imud and shall be imtind within two yen after Contactor I shall promptly and at the Surety's expense it one of the following action Defwb or within San yon after the Contractor ceased working or within two 4.1. Arrange for the Contractor,with man of the Owner, to perform yams after the Surety refuses or tub to perform iu obliged=under this Bond, and cwplan the Construction Comet, or whichever ocean fine U the provision,of limn=available to aunts u le 42, Dndermhe to perform and complete the Conmuetbn Contract defense in thejmiediction of the suit shag be appliabit itself,through its agmts or trough independentemranoa: or 10. Notice to the Surely. the Owner or the Contactor shall be mailed ar 4.3, Obtain bids or negotiated ptgmeah horn qualified contractors delivered to the edems shown m to eipptwo pegs acceptable to the Owner for a contract for performance and I1. When this Band has beat furnished to comply with a statutory or other minket.=of the Cmttuction Contra,tin get for a connect to legal requirement in the Imation where the construction was to be performer' be prepared for execution by the Owner end the contractor selected any provision in this Bead conflicting with said now or legal requlreme with the Owner's concurrence lobe seamed with performance sod shall be donned deleted 1mref em end provisions conforming to such emmary or payment hauls executed by a qualified surety equivalent to the other legal requiwtmnn shall be deemed incipomd nth. The intent Is that bonds Issued on the Construction Cane and pay to the Owner this Bond shall be cormud ES a aaturory bond and nor an conned law bead. theamoum ofdwaga at described in Paragraph 6 in aces of the 12 Definitions. Balance of the Contact Price*coned by the Owner resulting from 12.1. Balance of the Contract Price: The total amount payabk by the the Cotr4nr's default: or Oona to the Cruor under the Cwncton Connect after all 4.4. Waive Its right to perform and ewplae,arrange for completion proper Wjusnann tint been made, inclining *nominee to the or obtain a new cannot and with msoaable promptness under Contactor of any mems received or to be received by the Owns the eheumetanee: b inti mans of insurance m other gales for damages to which the I. After investigation, deamac the amount for which k may Connector Is madded minced by all valid and proper payments be liable to the Owner and,ea aeon as practicable afro the made to or on behalf of the Corner wider the Construction amount is determined,under payment therefor to the Owner Contact or 12.2. Coamrtbn Corwa: The agreement between the Owner and the I 2. Deny liability In whole or In part and notify the Ower citing Contactor Identified on the si$Emc page,including all Contact .ewers therefor. Demons and changes thereto. 5. U the Surety deer not proceed we provided in Paapph 4 with reasonable 12.3. Contractor Dent Chumof the Contractor, which has neither oneness,the Surety shall be decreed to hem am defauh on this gond fifteen days beremedied nor waived,to pafonn or otherwise to comply with after receipt of an additional wrintn nuke from the O. to the Surety the tam of the Communion Connaec demanding that the Surety perform Its Windom under this Bed, and Sc 114. Owner pothole PaIlw of the Owaer, which has neither bon I Oona shag be entitled to enk, a any randy available to,the Owner. If the remedied nor waived. to pay en Cana as required by the Sorry proceeds es provided in Subparagraph 4,4, and the Owner rains the Coanaim Contract or to perform and complete or comply with payment tmdad or the Sun his denied liability,in whole or hi past,without the other tam thvcef. (FORINFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect.En orModtrpart ): Nielson, Alter & Associates, Inc. Miller, Legg Associates, Inc. , a i r Legg 5979 Northwest 151st Street, #105 1800 North Douglas Road, Suite 200 Miami Lakes, Florida 33014 Pembroke Pines, Florida 33024 (305) 822-7800 00601-2 27CBC No. 1910-2&A(1984 Edition) Prepared through thejoint efforts of the Surety Association of America,Engineers'Joint Contract Documents Committee,The Aaa¢isnd General Contractors of America,American Institute of Arehhem,Amerlan Subconraerors Association,and the Associated Specialty I. Contactors. 1 R Obligee's/lnsured's Name The City ofSunny Isles Beach Siltek Group,Inc. Obligee'sllnsured's Mailing Address 18070 Collins Avenue IMPORTANT NOTICE TO Sunny Isles Beach,Florida 3316o OBLIGEES/POLICYHOLDERS— 4403 Dogwood Circle TERRORISM RISK INSURANCE ACT Weston,Florida 33331 OF 2002 Band/Policy Number 21 BCSDG 4457 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of$100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford r i I I i . Direct Inquiries/Claims to: POWEROF ATTORNEY THE 60ABARTTFSYLUM EORD NUE HARTFORD,CONNECTICUT 06115 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229762 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D.Nielson of Miami Lakes, FL their true and lawful Attorney(s}in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Ie til.) I S \•=o), v F i E rj trw *cotes ion y+oxo o ; hraeks• p, li _'. Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. /�SXO G�J ,l J �'��p Scott E.Pastkeka Notary Public CERTIFICATE My Commission Expires Ouober 31,200) I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of August 16,2005. Signed and sealed at the City of Hartford. • Gary W.Stomper,Assistant Vice President POA 2004 r i I Wierstm,,aftereZAssociates, Inc. Boni(Department Public Works Bond In compliance with Florida Statutes 255.05(1)(a) Bond No. 21 BCSDG 4457 Contractor siftek.grozzp, Inc. Address 4403 Dogwood Circle Weston,Florida 33331 Phone No. (954)217-6829 Surety Company Hartford Fire Insurance Company Address 200 Colonial Center Parkway Lake Mary,Florida 32746 Phone No. (800)824-1732 Owner Name The City of Sunny Isles Beach Address 18070 Collins Avenue Sunny Isles Beach,Florida 33160 Phone No. Contract/Project No. Bid No.05-04-01; ML Project No. 114122 Project Name 181st Drive fictive Park, Project Location 18115 North Bay Road,Sunny Isles Beach,Florida Legal Description Section 11; Township 52; Range 42; 18115 North Bay and Street Address Road; Sunny Isles Beach,Florida Description of Work Park construction Front Page All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be preprinted thereon. 3 i 1 Bond No. 21 BCSDG 4457 181sT ACTIVE PARK APRIL 10,2005 Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): SILTEK GROUP, INC. Hartford Fire Insurance Company 4403 Dogwood Circle 200 Colonial Center Parkway Weston, Florida 33331 Lake Mary, Florida 32746 • DWNER(Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach,Florida 33160 CONSTRUCTION CONTRACT Date: August 16, 2005 • Amount' $ 7,186,423.05 Description(Name and Location): 181st DRIVE ACTIVE PARK; BID NO. 05-04-01; NL PROJECT NO. 114122 PROJECT NAME City of Sunny Isles Beach ROND Date(Not earlier than Construction Contract Date): August 16, 2005 Amount $ 7,186,423.05 Modifications to this Bond Form: :ONTRACTOR AS " a l'AL SURETY HartfordforrdfiFire Insurance Company S-j/ Company Sil oup, I� (Corp. Company dada. . (Corp.Seal) Signa[ r /�- "��� %paalm_ Name - .• ' +e: / 044_ Narne and Title: Charles D. Nielson, 8 Attorney-in-Fact and Florida Resident Agent CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp.Seal) Signature: Signature; Name and Title: Name and Title: 00680.1 EJCDC Na 1910 aB0 OM Edition) mowed through the Joint effons of the Surety Association of America,Engineers loins Contract Documents Comma nee,The Animated leneraltittr.. M Meet. of MeeAmerican!maritime of Architects,American Subcontractors Association,and tine Associated vignialty bacaraas. i gr • • 181 ACTIVE PARK APRIL 10,2005 I. The CantrwIor andahe Svwy.jointly and severally,bind themselves,their Contractor furnishing and die Owner accepting this Bond, they agree that all hen, seeuten. adMaiatnton, suceaion and snips to the Owner for the fords earned by the Contractor in the performance of the Cwnhuedon Contract perfernamo of the Cwumtniee Comm, which is incorporated herein by am dedicated to S. obligatimu of the Contractor and the Surety under this reference. Bond,subject to the Omefa priodry to use the funds for the completion of d 2. With resile t to the Owner. this Obligation shall be null and void If the work. Cancer 9. The Surety shell not be liable to the Owns, Claimama ot others for 2.1. Ptampdy makes payment, directly or indirectly. for all sums disc obligations of the Connector that are unrotated to die Conabuction Cennact. Clain®n,end The Owatt shalt not be liable for payment of any can or capenam of any 2.2. Defends,indenmlfiet end holt bend=the Owner form all claims, Claimant coder this Bond,and shall have under this Bond no obligations to make demands,liens or suits by any person or entity who furnished labor, peymoon to, give notices on behalf of, or athematic have obllpticea to mamiols or equipment for use in the performs**of the Construction Claimants under this Bond Connect provided the Owner has promptly nodfmd the Contractor It The Surety hereby waive notice of any chap,including drams of time. and the Sorry(is the address described in Paragraph 12) of any to the Construction Contract or to relate sithcontact purchase orders and other Halms.demands, liens or suite and rendered detente of such claims, obligations. demands,fens or suits to the Contractor and the Surety,and provided I I. No suit or action shall be commenced by a Claimant under this Bond other them Is no Owns Default than in a court of compeeerjurisdiction in the location in which the watt or par I. With respect to Claimants, this obhguion shall be null and void if the of the work is lased or ata the=picador of cos par from the dam(I)on • Contractor promptly nukes moteat directly or indirectly,for all sums due. which the Claimed gave the notice required by Subparagraph 4A or Clause 41 4. The Surety shell have no obllgadon to Claimant under this Bond mill: (BB,or(2)an which the last Shot or service ma performed by mane or the lest 4.1. Claimants who ere employed by or have a direct contract with the mewls or equipment wets furnished by anyone under the eonstrondon ' Cremator here given notice to to Surety(et to address described in Cannael,whichever of(1)re(2)fiat occurs. If the provisions of this Paragraph Paragraph [2)and sent a copy,ornotice meaaf.to the Owner.stating are void or prohibited by law, the minimum paid of IImltUm available to that a claim is acing mode under dais Bend and. with aubetantial sureties as•defense in thejmisdiam of the sub shall be acceptable accuracy,the=amt of the cline. 12. Notice to the Smery, the Owner or the Contactor shell be mailed or Al. Claimants who do not have a dna contact with the Convector: delivered to rhe address shown on the signature page. Actual rccipro(nodes by I. Have furnished written nceiee to the Commix and sett s copy, Sunny, the Owner or de Contractor.however accomplished,shall be anfFiai= or notice thereof,,to thc Owner,within 90 days atm having last compliance as of the date received at the admits=swoon the signet=page performed labor or list furnished meted= or egaipmad 13, When this Bond has been furnished to comply with a memory or other included in the claim staring, with substantial accuracy. the legal requirement S the location where the a neauelion was to be performed, amount of We claim and the name of the parry to whom the any provision in this Bond conflicting with said sbhmry or legal requirement maids were Mrslahed or supplied or for whom the labor wen eholl be demised deleted beam and pwieiau cramming to such aunt ey or done orperformcd and other legal requirement shall be deemed incorporated hetet The inter is,this 2. Have either received a rejection in whole m in pm from the this Bond shall be comma as a statutory bond end not as a ec®oon law bond. Cmnactor, or not received within 30 days of furnishing the 14. Upon request by any Parson or entity appearing to be a potential above ndea any commmmimdon from the Contactor by which bevdeiry of this Bond, the Contractor shall promptly furnish a copy of this the Come=his =heed the claim will be paid dteetly or Bond or shall permit a copy to be mads indirectly: and l5. DEFINITIONS 3. Not having berm paid within the above 30 days. have tent a 15,1.Claimant: An individual or emit having a direct contract with t' Witten notice to the Surely (at the address described io Contractor or with a wheometur of Own Canine=to Ahnish him • paraea graph 12)and teal a copy.or notice thereof, to the Owner, materials or equipment for me in thc fomanm of the Cone. statingthat a claim is being made endo'this Bond ed enclosing The intent of die Bond shall be to include without limitation in the a copy of the =vim' wines notice Pmishd on dm terms"Inbar.matdah or equipment"that part of warn,gas,power, Conmwtor, light.hest,oil.manna.telephone=vim or maul equipment used his 5. If a notice mend d by Paragraph 41s given by the Owner to the Cmttctor the Conemeice Connect erchitweud end engineering service or so the Surety,that Is suuffcimr compliance required for perfomance of Sc work of the Contactor and the 6. When the Claimant his satisfied the conditions of Paragraph 4,the Sumry Contanter's aubcontamnn, and all other Ilam for which e than promptly god at the Stay's expense take the following actions: mechanic's IX may be asserted in the jurisdiction setae the labor, 6.1. Sed en emir to the Claimant with a copy to the Owner,widths 45 materials orequipment wore furnished, days after receipt of the claim,seting the amomu that R undisputed 15.2.Ceamsdm Contract The agreement between the Owner and the and the basis for cfieleaging any amounts that am disputed. Contractor identified on the signature pap, including all Connect 62, Pay or arrange for payment of any undisputed amort. Documents and changes dims. • 7. The Surety's total obligati dell not arced the amount of irk Bond,and 15.3.Owner Deholc Failure of the Owner, which has nether berg the amount of his Bond shall be credited he any Paymene made S geed faith mndied err waived, to pay the Contactor es nquired by the by the Sway. Construction Cmnaet or to perform and complete or comply with the B. Ametw owned by the Owner to the Cmanctor ander the Conatruetln other terms thereof. Contract shall be used for the performance of the Construction Conner and to cds[y cWma, if my, mike any Communion Performance Bond Sy the MO MOND NEIRSV R AMENDED SO TAT THE PROVISIONS AI® LIMITATIONS OF SECTION 255.05 OR SECTION TILTS FLOMA STATUTES,WHICHEVER IS APPlwist e,AIR INCORPORATED HEREIN SV REFERENCE. (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Nielson, Alter & Associates, Inc. Miller, Legg & Associates, Inc. , d/b/a Miller Legg 5979 Northwest 151st Street, #105 1800 North Douglas Road, Suite 200 Miami Lakes, Florida 33014 Pembroke Pines, Florida 33024 (305) 822-7800 00600.2 BJCDC No. 19142BB(1984 Bdidw) Prepared through thisjoint effort tithe Sunny Association of America.Engineers'Joint Contract DanmenU Committee,The Associated General Coonan.of America American Institute of Architects,American Subcontractors Association,and the Associated Seadrift Common. _ ., ,,.va'St janoetI . M MAe: Yr •r...,.; $ ..,.:vim%` YF ..1>74'i:. 1 • Obligee's/lnsured's Name The City of Sunny Isles Beach Siltek Group,Inc. Obligee's/lnsured's Mailing Address 18O7o Collins Avenue IMPORTANT NOTICE TO Sunny Isles Beach,Florida 33160 OBLIGEES/POLICYHOLDERS— 44o3Dogwood Circle TERRORISM RISK INSURANCE ACT Weston,Florida 33331 OF 2002 Bond/Policy Number 21 BCSDG 4457 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of$100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorism premium: $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford i . . \ Direct Inquiries/Claims to: POWER OF ATTORNEY THE sHARTFORD ND,T-4 YLUM AVENUE HARTFORD,CONNECTICUT 06115 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 IX Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana 1 X Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies')do hereby make, constitute and appoint, up to the amount of unlimited: Charles J.Nielson, Mary C.Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound SCSc!) ® ® by any mechanically applied signatures applied to this Power of Attorney.. 4t9t9 . Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE OF CONNECTICUT } ss. Hartford COUNTY OF HARTFORD 1 On this 23rd day of July, 2003, before me personally came David T.Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. xo6.2d IPS_ Scott E.Paseka Notary PublicubCEBCERTIFICATEExp CERTIFICATE My Commission Expires October 31,2007 I, the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in kill force effective as of August 16,2005. Signed and sealed at the City of Hartford. S `�rij.� t Y I\ > y rs NNM c nutm,. I Leafng - g on r ri. Gary W.Stumper,Assistant Vice President POA 2004 i i 1 i 181st ACTIVE PARK DRIVE • APRIL 10,2005 Construction Performance Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name and Principal Place of Business): [OWNER(Name and Address): • CITY OF SUNNY ISLES BEACH 18070 Collins Avenue • Sunny Isles Beach,Florida 33160 CONSTRUCTION CONTRACT I Date: Amount:$ Description(Name and Location): PROJECT NAME City of Sunny Isles Beach OND Date(Not earlier than Construction Contract Date): Amount: $ ! Modifications to this Bond Form: 4ONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp. Seal) ISignature: Signature: Name and Title: Name and Title: IONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp. Seal) ISignature: Signature: Name and Title: Name and Title: I 00601-1 EIEJCDC No. 1910-28A(1984 Edition) ropared through thejoint efforts of the Surely Association of America.Engineers'Joint Contract Documents Commivae.The Assacietrd mesal ConrMors of America,Miaican Institute of Ar American Subcontractors Association,and the Associated Spe ialty "melon. • • 181ST ACTIVE PARK DRIVE APRIL 10,2005 ' I. The Contractor and the Surety,jointly and severally,bind themselves,their further notice the Owner shall be entitled to enforce any remedy available to the heirs, executors, administrators, successors and assigns to the Owner for the Owner. performance of the Construction Contact, which is incorporated herein by 6. After the Owner has terminated the Contractor's right to complete tl' reference. Construction Contract, and if the Surety elects to act under Subparagraph 4 2. If the Contractor perfonns the Construction Contract, the Surety and the 4.2,or 4.3 above,then the responsibilities of the Surety to the Owner shall not L. Contractor shall have no obligation under this Bond, except to participate in greater than those of the Contractor under the Construction Contract, and the conferences as provided in Subparagraph 3.1. responsibiHbea of the Owner to the Surety shall not be greater than those of the 3. If there is no Owner Default,the Surety's obligation under this Bond shall Owner under the Construction Connect. To the limit of the amount of this Bond, arise after: but subject to co.mdtmn by the Owner of the Balance of the Contract Price to 3.1. The Owner has notified the Contractor and the Surety at Its address mitigation of costs and damages on the Construction Contract, the Surety is described in Paragraph 10 below, that the Owner is considering obligated without duplication fon declaring a Contractor Default and has requested and attempted to 6.1. The responsibilities of the Contractor for correction of defective arrange a conference with the Contractor and the Surety to be held work and completion of the Construction Contract: not later than fifteen days after receipt of such notice to discuss 6.2. Additional legal, design professional and delay costs resulting methods of performing the Construction Contact. If the Owner, from the Connector's Default, and resulting from the actions or • the Contractor and the Surety agree, the Contractor shall be failure to act of the Surety under Paragraph 4: and • allowed a reasonable time to perform the Construction Contract, 6.3. Liquidated damages, or if no liquidated damages are specified in but such an agreement shall not waive the Owner's right, B any, the Construction Contract, actual damages caused by delayed subsequently to declare a Contractor Default: and performance or non-performance of the Contractor. 3.2. The Owner has declared a Contractor Default and formally 7. The Surety shall not be liable to the Owner or others for obligations of the terminated the Contractor's right to complete the contract. Such Contractor that are unrelated to the Construction Cohan,and the Balance of the Contractor Default shall not be declared earlier than twenty days Contract Price shall not be reduced or set off on account of any such unrelated • after the Contractor and the Surety have received notice as obligations. No right of action shall accrue on this Bond to any person or entity provided in Subparagraph 3.1: and other than the Owner or its heirs,executors,administrators,or successors. 3.3. The Owner has agreed to pay the Balance of the Contract Price to 8. The Surety hereby waives notice of any change,including changes of time, • the Surely in accordance with the terms of the Construction to the Construction Connect or to related subcontracts,purchase sodas and other Contract or to a contractor selected to perform the Construction obligations. Contract in accordance with the tams of the contract with the 9. Any proceeding, legal or equitable, under this Bond may be instituted in Owns. any court of competent jurisdiction in the location in which the work or part of 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety the work is located and shall be instituted within two years after Contractor shall promptly and at the Surety's expense take one of the following actions: Default or within two years after the Contractor ceased working or within two 4.1, Arrange for the Contractor,with consent of the Owner,to perform yearn after the Surety refines or fails to perfonn its obligations under this Bond, • and complete the Corumatioi Contract: or whichever ocean Mc If the provisions of limitation available to sureties as a 4.2. Undertake to perform and complete the Construction Contract defense in die jurisdiction of the suit shall be applicable. itself,through its agents or through independent contactors: or 10. Notice to the Surety, the Owner or the Convector shall be mailed or 4.3. Obtain bids or negotiated proposals from qualified contractors delivered to the address shown on the signature page. acceptable to the Owner for a contract for performance and II, When this Bond has been furnished to comply with a statutory or other completion of the Construction Contract,arrange for a contract to legal requirement in the location where the construction was to be perforce be prepared for execution by the Owner and the contractor selected any provision in this Bond conflicting with said statutory or legal requirermc. with the Owner's concurrence,to be seared with performance and shall be deemed deleted herefrom and provisions conforming to such statutory or payment bonds executed by a qualified surety equivalent to the other legal requirement shall be deemed incorporated herein. The intent is that bonds issued on the Construction Contract, and pay to thc Owner this Bond shall be construed as a statutory bond and not as a common law bond. the amount of damages as described in Paragraph 6 in excess of the 12. Definitions. Balance of the Contract Price incurred by the Owner resulting from 12.1. Balance of the Contract Price: The total amount payable by the ' the Contractor's default: or Owner to the Contractor under the Construction Contract after all 4.4. Waive its right to perform and complete, arrange for completion, proper adjustments have been made including allowance to the • or obtain a new contractor and with reasonable promptness under Convects ofany amounts received or to be received by the Owner the circumstances: in settlement of insurance or other claims for damages to which the I. After investigation,determine the amount for which it may Contractor Ls entitled, reduced by all valid and proper payments be liable to the Owner and, as soon as practicable after the made to or on behalf of the Contractor under the Construction amount is determined,tender payment therefor to the Owner: Contract. or 12.2. Construction Contract: The agreement between the Owner and the 2. Deny liability in whole or in pat and notify the Owner citing Contactor identified on the signature page,including all Contract reasons therefor. Documents and changes thereto. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable 12.3. Contractor Default: Failure of the Contractor,which has neither promptness,the Surety shall be deemed to be in default on this Bond fifteen days been remedied nor waived,to perforin or otherwise to comply with after receipt of an additional written notice from the Owner to the Surety the tenor of the Construction Contract. demanding that the Surety perform its obligations under this Bond, and the 12.4. Owner Default: Failure of the Owner, which has neither been Owner shall be entitled to enforce any remedy available to the Owner. If the remedied nor waived, to pay the Contractor as required by the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the Consnction Contract or to perform and complete or comply with payment tendered or the Surely has denied liability,in whole or in pan.without the other term thereof. ' (FOR INFORMATION ONLY—Name,Address and Telephone) ' AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): I 00601-2 ' EJCDC No. 1910-28A(1984 Edition) Prepared through the joint efforts of the Surety Association of America,Engineers'Joint Contract Documents Committee,The Associated General Contractors of America,American Institute of Architects,American Subcontractors Association,and the Associated Specialty ' Contractors. 1181st ACTIVE PARK APRIL 10,2005 I Construction Payment Bond My singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. !CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): 'OWNER(Name and Address): ICITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach,Florida 33160 !i CONSTRUCTION CONTRACT Date: Amount: $ Description(Name and Location): I PROJECT NAME City of Sunny Isles Beach /3OND Date(Not earlier than Construction Contract Date): Amount: $ • Modifications to this Bond Form: IONTRACT0AS PRINCIPAL SURETY R Company (Corp. Seal) Company (Corp. Seal) ISignature: Signature: Name and Title: Name and Title: I CONTRACTOR AS PRINCIPAL SURETY ICompany (Corp. Seal) Company !Corp.Seal) Signature: Signature: 1 Name and Title: Name and Title: I i 00600.1 ECAC No. 1910-28B(1984 Edition) epared through the joint efforts of the Surety Association of America.Engineers Joint Contract Documents Committee,The Associated enerai Contractors of America.American Institute of Architects,American Subcontractors Association,and the Associated Specialty Wariers. • 18151 ACTIVE PARK APRIL 10,2005 , • I. The Contractor and the Surety,jointly and severally,bind themselves,their Contractor furnishing and the Owner accepting this Bond, they agree that all heirs, executors, administrators, successors and assigns to the Owner for the funds earned by the Contractor in the performance of the Construction Contract performance of the Construction Contract, which is incorporated herein by are dedicated to satisfy obligations of the Contractor and the Surety under this reference. Bond,subject to the Owner's priority to use the funds for the completion of tt 2. With respect to the Owner, this obligation shall be null and void if the work. Contractor 9. The Surety shall not be liable to the Owner, Claimants or others for 2.1. Promptly makes payment, directly or indirectly, for all sums due obligations of the Contractor that ate =related to the Construction Contract. • Claimants,and The Owner shall not be liable for payment of any costs or expenses of any 2.2. Defends,indenmifies and holds harmless the Owner from all claims, Claimant under this Bond,and shall have under this Bond no obligations to make demands,liens or suits by any person or entity who banished labor, payments to, give notices on behalf of, or otherwise have obligations to materials or equipment for use in the performance of the Construction Claimants under this Bond. Contract, provided the Owner has promptly notified the Contractor 10. The Surety hereby waives notice of any change,including changes of time, end the Surety (at the address described in Paragraph 12) of any to the Cems=etion Contract or to relate subcontracts,purchase orders and other claims,demands,liens or suits and tendered defense of such claims, obligations. demands,liens or suits to the Contractor and the Surety,and provided I I. No suit or action shall be commenced by a Claimant under this Bond other there is no Owner Default. than in a coat of competent jurisdiction in the location in which the work or part 3. With respect to Claimants, this obligation shall be null and void if the of the work is located or after the expiration of one year from the date(I)on • Contractor=molly makes payment,directly or indirectly,for all sums due. which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 4. The Surety shall have no obligation to Claimants under this Bond until: OM.or(2)on which the last labor or service was performed by anyone or the last 4.1. Claimants who are employed by or have a direct connect with the materials or equipment were furnished by anyone under the construction Contractor have given notice to the Surety(at the address described in Contract,whichever of(I)or(2)first occurs. If the provisions of this Paragraph Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating are void or prohibited by law, the minimum period of limitation available to ' that a claim is being made under this Bond and, with substantial sureties as a defense in thejwisdktion of the suit shall be acceptable. accuracy,the amount of the claim. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or 4.2. Claimants who do not have a direct contract with the Contractor: delivered to the address shown on the signature page. Actual receipt of notice by I. Have furnished written notice to the Contractor and sent a copy, Surety,the Owner or the Contractor,however accomplished,shall be sufficient or notice thereof,to the Owner,within 90 days after having last compliance as of the date received at the address shown on the signature page. performed labor or last furnished materials or equipment 13. When this Bond has been furnished fished to comply with a statutory or other included in the claim stating, with substantial accuracy, the legal requirement in the location where the construction was to be performed, amount of the claim and the name of the party to whom the any provision in this Bond conflicting with said sunny or legal requirement materials wan furnished or supplied or for whom the labor was shall be deemed deleted herefrom and provisions conforming to such statutory or done or perfume: and other legal requirement shall be deemed incorporated herein. The intent is.that 2. Have either received a rejection in whole or in part from the this Bad shall be construed as a statutory baud and not as a common law bond. • Contractor, or not received within 30 days of furnishing the 14. Upon request by any person or entity appearing to be a potential ' above notice any communication from the Contractor by which beneficiary of this Bond, the Contractor shall promptly finish a copy of this the Contractor has indicated the claim will be paid directly or Bond or shall permit a copy to be made. indirectly: and 15. DEFINITIONS 3. Not having been paid within the above 30 days, have sent a 15.1.Claimant: An individual or entity having a duet contract with tl, written notice to the Surety (at the address described in Contractor or with a subcontractor of the Contractor to finish lab paragraph 12)and sent a copy,or notice thereof,to the Owner, materials or equipment for use in the performance of the Connec. stating that a claim is being made under this Bond and enclosing The intent of this Bond shall be to include without limitation in the a copy of the previous written notice furnished to the tens"labor,materials or equipment"that pan of water,gas,power. Contractor. light,heat,oil,gasoline,telephone service or rental equipment used in 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor the Construction Contract, architectural and engineering services or to the Surety,that is sufficient compliance. required for performance of the work of the Contractor and the 6. When the Claimant has satisfied the conditions of Paragraph 4,the Surety Contractor's subcontractors, and all other items for which a shall promptly and at the Surety's expense take the following actions: mechanic's lien may be assented in the jurisdiction where the labor, 6.1. Send an answer to the Claimant,with a copy to the Owner,within 45 materials or equipment were furnished. days after receipt of the claim,stating the amounts that are undisputed 152.Conduction Contra= The agreement between the Owner and the and the basis for challenging any amounts that are disputed. Contractor identified on the signature page. including all Connect • 6.2. Pay or arrange for payment of any undisputed amounts. Documents and changes thereto. 7. The Surety's total obligation shall not exceed the amount of this Bond,and 15.3.Owner Default: Failure of the Owner, which has neither been the amount of this Bond shall be credited for any payments made in good faith remedied nor waived, to pay the Contractor as required by the by the Surety. Construction Contract or to perforin and complete or comply with the 8. Amounts owned by the Owner to the Contractor under the Construction other terms thereof. Contract shall be used for the pdormance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the I • (FOR INFORMATION ONLY—Name,Address and Telephone) I AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): • I 00600-2 ' EICDC No. 1910-28B(1984 Edition) Prepared through the joint efforts of the Surety Association of America.Engineers'Joint Contract Documents Committee,The Associated General Contractors of America,American Institute of Architects.American Subcontractors Association,and the Associated Specialty Contractors. . . , 181n ACTIVE PARK APRIL 10, 2005 DOCUMENT 00650 ACKNOWLEDGEMENT OF CONFORMANCE EWITH O.S.H.A. STANDARDS TO THE CITY OF SUNNY ISLES BEACH We 4GJ�,�r�BciPicfC • acknowledge and agree that as contractors for the construction of the "1815 DRIVE ACTIVE PARK, 18115 NORTH BAY ROAD", that we have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Hearth Act of 1970, and all State and Local Safety and Hearth regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach, and Miller, Legg & Associates, Inc. annst any and all llee9al liability or loss the District or theEngineer may incur due to C�� En c f AVG• f.' . e to comply with such act. kAnie_l,o. X10. / _. /. ATTEST CONTR•,20'bR Afwelict PPS-burn- By: iota- -5741/Si �- ATTEST Title: fe, t S/ s C END OF DOCUMENT t M ACKNOWLEDGEMENT OF OSHA STANDARDS 00650-1 r 1 181"ACTIVE PARK APRIL 10,2005 i • 1 1 1 1 1 1 THIS PAGE LEFT INTENTIONALLY BLANK. i 1 1 1 1 1 1 ACKNOWLEDGEMENT OF OSHA STANDARDS 00650-2 1 1