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HomeMy Public PortalAbout2016 New Bond from Waste Management.pdfNATIONAL GUARANTY INSURANCE COMPANY OF VERMONT 100 BANK STREET,SUITE 610 •BURLINGTON,VT 05401 April 19,2016 Tony Brown Village of Key Biscayne 88 West Mcintyre St.,Suite 230 Key Biscayne,FL 33149 786-255-6765 RE:New Bond from Waste Management Bond #PB16-0006 Dear Mr.Brown: Waste Management purchased Southern Waste Systems (SWS)on January 8,2016.As such,our client,Waste Management,provides to you the above-referenced bond to replace Bond #K09320490 previously provided by SWS.Ifyou find this submittal satisfactory,please return SWS's bond to: Roxanne Ferrari Southern Waste Systems 2380 College Ave Davie,FL 33317 (954)615-4050 rferrari@lqlrecvclinq.com Ifyou have any questions,feel free to contact Diana Seng,Director of Treasury and Financial Assurance of Waste Management.She may be reached at dsenqf5iwm.com or (713)265-1322. Sincerely, Brittany L.Carrigan Account Administrator NATIONAL GUARANTY INSURANCE COMPANY OF VERMONT 100 BANK STREET,SUITE 610 BURLINGTON,VT 05401 PERFORMANCE BOND (AIA 311) BOND NUMBER;PB16-0006 KNOW ALL MEN BY THESE PRESENTS: That Waste Management Inc.of Florida.2380 College Avenue,Davie,FL.33317.as Principal,and NATIONAL GUARANTY INSURANCE COMPANY OF VERMONT,as Surety, are held and firmly bound unto Village of Key Biscavne,88 W.Mclntvre Street.Suite 230.Key Biscavne,FL.33149.as Obligee,in the sum of Six Hundred Ninety Nine Thousand Six Hundred Sixty and 00/100 DOLLARS ($699,660.00).for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors,and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into written contract dated with the Obligee for Collection.Transportation and Disposal of Solid Waste and Recycling Services for the April 15,2016 through April 15. 2017 term in accordance with the drawings and specifications prepared by which contract is by referenced made a part hereof and is hereinafter referred to as the contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise to remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1.Complete the Contract in accordance with its terms and conditions,or 2.Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder, or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses (even though there should be a default or a succession of defaults under the contact or contracts of completion arranges 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 Owner to Contractor imder the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 3.Any suit under this bond must be instituted before the expiration of two (2)years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. 4.Notwithstanding anything contained in the contract to the contrary,the liability of the Principal and Surety under this bond is limited to the original term of the contract from April 15.2016 through April 15,2017.Any extensions or renewals of the referenced contract shall be covered under this bond only when consented to in writing by the Surety. Signed,Sealed and Dated:April 19.2016 WASTE MANAGEMENT INC.OF FLORIDA mnifeiVA-George 'Attomey-in-Fact NATIONAL GUARANTY INSURANCE COMPANY OF VERMONT •//By:£mtfi Brittany \J.lUamgan Attomey-yii-Fact POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS thatWaste Management,Inc.andeach ofits direct and indirect majority owned subsidiaries (the"WM Entities"),have constituted and appointedanddoherebyappoint Brittany L.Carrigan,Heather Cook,Jennifer A.George,Joan M. Hussey,Susan D.Precourt,Debra B.Trahan,and Marcy Waterfall of Marsh Management Services Inc.,eachitstrueand lawful Attomey-in-fact to executeundersuch designation initsname,to affixthe corporate seal approved bythe WM Entities for such purpose,and to deliver for and on its behalfas suretythereonor otherwise,bondsofanyofthe following classes,towit: 1.Surety bonds tothe United States of America orany agency thereof,andleaseand miscellaneous suretybonds required or permitted underthe laws,ordinances or regulations ofany State,City,Town,Village,Board oranyother body or organization, public or private. 2.Bonds on behalf of WM Entities in connection with bids,proposals or contracts. 3.Insurance policies and Certificates ofInsurancerelatedto financial assurance for closure,post-closure and/or corrective action obligations. The foregoing powers granted bytheWM Entities shallbe subject toand conditional uponthe written direction ofa duly appointed officerofthe applicable WMEntity(orany designee ofany such officer) to execute and deliver any such bonds. The signatures and attestations ofsuch Attomeys-in-fact andthesealofthe WM Entity maybe affixed to anysuch bond,policy ortoany certificate relating thereto by facsimile andanysuch bond,policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindingupon the applicableWMEntity when so affixed. IN WITNESS WHEREOF,the WM Entities have caused these presents to be signed by the VicePresident and Treasurerand its corporatesealto beheretoaffixed. This power ofattorneyisineffectasofftyr\\>20 i(g . On behalf of Waste Management,Inc.and each ofthe other WM Entities Witness: !k L-:«VDevinaA.Rankin Vice President and Treasurer Revised 09/24/15 POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that the National Guaranty Insurance Company of Vermont, 100Bank Street, Suite 610, Burlington, Vermont Corporation (the "Corporation"), has constituted and appointed and does hereby constitute and appoint Brittany L. Carrigan, Heather Cook, Jermifer A. George, Joan M. Hussey, Susan D. Precourt, Debra B. Trahan, and Marcy Waterfall of Burlington, Vermont, each its true and lawful Attomey-in-fact to execute under such designation in its name and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes,to wit: 1.Surety bonds to the United States of America or any agency thereof, includinglease and miscellaneoussuretybondsrequired or permitted under the laws,ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds on behalf of contractors in connection with bids, proposals or contracts. 3.Insurance policies and Certificates of Insurance related to financial assurance for closure, post-closure and/or corrective action obligations. The foregoing powers granted by the corporation shall be subject to and conditional upon the written direction of any officer (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attomeys-in-fact andthe seal of the Corporation may be affixed to anysuch bond, policyorto any certificaterelatingtheretoby facsimileand any suchbond,policyor certificatebearingsuchfacsimilesignaturesor facsimilesealshallbe valid and bindinguponthe Corporation when so affixed. IN WITNESS WHEREOF,the Corporation has caused these presents to be signed by its President and Secretary, and its corporate seal to be hereto affixed this dayof jQpcil .20l(o Witness:NATIONAL GUARANTY INSURANCE COMPANY OF VERMONT 1 Diana Seng (_y DevinaA.Rankin Secretary President Revised 09/09/15