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HomeMy Public PortalAbout12-16-1997 Letter with Agreement to Cone Constructors, Inc.tifVILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor Mortimer Fried, Vice Mayor Martha Fdez-Leon Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Village Manager C. Samuel Kissinger Stephen D. Kasper Cone Constructors Inc. 6735 South Lois Avenue Tampa, FL 33616 RE: West Mashta Drive Bridge Design Bridge Documents Project 3011-B Dear Mr. Kasper: Office of the Village Manager December 16, 1997 Enclosed please find fully executed copy of the above mentioned project. Please be advised, I added your bid dated August 12, 1997 which you submitted in response to our request as part of this agreement. Thank you. Very truly yours, . Samuel Kissinger Village Manager CSK/adv enclosure 85 West McIntyre Street - Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION S FATEMENT TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR Al 1 ISIANDERS THROUGH RESPONSIBLE GOVERNMENT This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [insert seals] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice divrsron of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS N. This Standard Form of Agreement has been prepared for use with the Standard General Conditions of the Contract Between Owner and Design/Builder (No. 1910-40) (1994 Edition). Their provisions are interrelated and a change in one may necessitate a change in the other. The suggested language contained in the Guide to Use of EJCDC Design/Build Documents (No. 1910-42) (1994 Edition) is also carefully interrelated with the language of this EJCDC No 1910-40-A (1995 Edition) Note to User Before entering into this Agreement, it is recommended that the parties determine whether applicable Laws and Regulations prohibit or require alterations in the contemplated contractual arrangements and the assignments of responsibilities for a design/build project. Check competitive bidding, contractor licensing, design professional licensing, and professional practice Laws and Regulations, among others. © 1995 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2715 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN/BUILDER ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day ofttlt e""" T , 19 (7/7 by and between VILLAGE ef- Kt1 8►Sceirat (hereinafter called OWNER) and 6735 S. L.I's Ptnut Tow*, F.ati 336/6 CUge Ca srg%)craRS, TNC. (hereinafter called DESIGN/BUILDER). OWNER and DESIGN/BUILDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. 1.01. DESIGN/BUILDER shall complete all Work as specified or indicated in the ContractDocuments. The Work is generally described as follows: The design and construction of a new vehicle bridge on West Mashta Drive, Village of Key Biscayne, Florida. Article 2. THE PROJECT. 2.01. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The design and construction of a single span precast concrete bridge architecturally treated, consisting of head walls, barrier walls, railing, columns with lights. The work includes construction of new approach slabs, drainage, landscaping, fill and dredge, temporary roads and sidewalks and relocation of utiliti.. Article 3. CONTRACT TIMES. [Strike inapplicable paragraph(s)] 3.01. Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 270 days after the date when the Contract Times commence to run as provided in paragraph 2.02.A of the General Conditions, and completed and ready for final payment in accordance with paragraph 13.09 of the General Conditions within 300 days after the date when the Contract Times commence to run. 3.02. Liquidated Damages A. DESIGN/BUILDER and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01.A above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and DESIGN/BUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGN/BUILDER shall pay OWNER $ 200.00 for each day that expires after the time specified in paragraph 3.01.A for Substantial Completion until the Work is substantially complete. After Substantial Completion, if DESIGN/BUILDER shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.01.A for completion and readiness for final payment or any proper extension thereof granted by OWNER, DESIGN/BUILDER shall pay OWNER $ 200.00 for each day that expires after the time specified in paragraph 3.01.A for completion and readiness for final payment. -2- Article 4. CONTRACT PRICE. 4.01. OWNER shall pay DESIGN/BUILDER the following sum(s) for completion of the Work in accordance with the Contract Documents. A. For all Work other than Unit Price Work, a Lump Sum of $ SO, 366 o The following cash allowances are included in the above price and have been computed in accordance with paragraph 10.03.A of the General Conditions. Item Allowance Contingency [Attach additional pages if required] $ 60,000.00 Article 5. PAYMENT PROCEDURES 5.01. DESIGN/BUILDER shall submit and OWNER will process Applications for : ayment in accordance with Article 13 of the General Conditions. A. Progress Payments; Retatnage OWNER shall make progress payments on account of the Contract Price on the basis of DESIGN/BUILDER's Applications for Payment, on or about the 21st day of each month during performance of the Work as provided in paragraphs 5.01.A.1 and A.2 below All such payments will be measured by the acceptable Schedule of Values established in paragraph 2.06.A of the General Conditions (and it the case of Unit Price Work based on the number of units completed). 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as OWNER may withhold in accordance with paragraph 13.04.B of the General Conditions. a. 90% percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by OWNER, and if the character and progress of the Work have been satisfactory to OWNER, OWNER may determine that as long as the character and progress of the Work remain satisfactory to OWNER, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. b. 50% percent (with the balance being retainage) of the cost of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 13.02.A of the General Conditions). 2. Upon Substantial Completion, payment will be made in an amount sufficient to increase total payments to DESIGN/BUILDER to 95% percent of the Contract Price (with the balance being retainage), less such amounts as OWNER may withhold in accordance with paragraph 13.04.B of the General Conditions. B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 13.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price. Article 6. INTEREST. 6.01. All moneys not paid when due as provided in Article 13 of the General Conditions shall bear interest at the rate of 8% percent per annum. Article 7. DESIGN/BUILDER'S REPRESENTATIONS. 7.01. DESIGN/BUILDER makes the following representations: A. DESIGN/BUILDER has examined and carefully studied the Contract Documents (including the Addenda) listed in paragraphs 8.01.A through J but excluding the documents described in paragraph 8.01.K and the other related data identified in the Request for Proposals. B. DESIGN/BUILDER has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. C. DESIGN/BUILDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. -4- D. DESIGN/BUILDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site which have been identified or made available by OWNER. E. DESIGN/BUILDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. F. DESIGN/BUILDER has correlated the information known to DESIGN/BUILDER, information and observations obtained from "isits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. G. DESIGN/BUILDER has given OWNER written notice of all conflicts, errors, ambiguities or discrepancies that DESIGN/BUILDER has discovered in the Contract Documents and the written resolution thereof by OWNER is acceptable to DESIGN/BUILDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. 8.01. The Contract Documents which comprise the entire agreement between OWNER and DESIGN/BUILDER concerning the Work consist of the following: A. This Agreement (pages 1 to 7 , inclusive). B. Exhibits to this Agreement. C. Conceptual Documents identified in the Request for Proposal. D. DESIGN/BUILDER'S Proposal. E. Notice to Proceed. F. Performance, Payment, and other Bonds. G. Standard General Conditions of the Contract Between Owner and Design/Builder (pages I to 35 , inclusive). H. Supplementary Conditions (pages 1 to 10 , inclusive). I. Addenda numbers / through 2 inclusive. J. Documentation submitted by DESIGN/BUILDER prior to Notice of Award (pages inclusive). 1 to / K. The following which may be delivered, prepared, or issued after the Effective Date of this Agreement and are not attached hereto. 1. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.03.A of the General Conditions. 2. Specifications as defined in Paragraph 1.01.A.42 of the General Conditions. 3. Drawings as defined in Paragraph 1.01.A.18 of the General Conditions. 8.02. The documents listed in paragraph 8.01 above are attached to this Agreement (except as expressly noted otherwise above). -5- 8.03. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.03.A of the General Conditions. Article 9. MISCELLANEOUS. 9.01. The Standard General Conditions of the Contract Between Owner and Design/Builder are referred to herein as the General Conditions. 9.02. Terms used in this Owner-Design/Builder Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated therein. 9.03. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.04. OWNER and DESIGN/BUILDER each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.05. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and DESIGN/BUILDER, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.06. OTHER PROVISIONS. (Not Used) -6- This Owner-Design/Builder Agreement will be effective on OWNER: 0 114,9 4 / 7 N1°,/%4 By: Attes ani,tei I -(t,3 f t t 450 aiiaf [CORPP' T 4, dfa, /6 r IN WITNESS WHEREOF, OWNER and DESIGN/BUILDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and DESIGN/BUILDER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and DESIGN/BUILDER. /oV-e»JL-Q,—/y19c !/ DESIGN/BUILDER: COa6 Co,6ccucco , X..* H. L Cevb Pg,e►DEur By: SEAL] Attest Address for giving notices: Address for giing tices: y - tA, Pic ).,-1,7r.., pi 5 ar4t'Nti•-, 11-3-w7 C01)4 C6a5rn1.,G rags, rm, (0735- S00114 1.014 406,400 6 rwMpa, PLORi0A 33414 (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, License No. CGC 016c163 attach (a) evidence of authority to sign, (b) resolution (Where applicable) or other documents authorizing execution of Agreement and © statement of fiscal officer regarding availability of funds.) (If DESIGN/BUILDER is a corporation, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: SpriPii6a b KPsPEZ Title: Title: V1e4 PA631 ° ut Address: Phone: Facsimile: Address: 4T3f So 0 LaIs AvbfNU,; Phone: 1- $13 - $ 31- 2" Facsimile: I -813.83y- 8921 Appr°Ved .f 7'14 II4A VR I11t'.Q. A- riy' -7- 1, 11 177 ( t'I<UI I 17UIVIVI=LL -UUNIH I 1 UN IU dud.sd.5 6735 SOUTH LOIS AVENUE - TAMPA, FLORIDA 33616 P. O. BOX 22869, TAMPA, FL 33622-2869 PHONE (813) 837-2991 - FAX (813) 839-8921 Village of Key Biscayne Office of the Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 Attn: Mr. C. Samuel Kissinger Village Manager (305) 365-5507 Office (305) 365-8936 Fax November 14, 1997 Re: West Mashta Drive Bridge Project No.: 3011-3 This letter shall constitute a portion of the Contract Documents as described in Section 8.01 (j) of the above referenced Project, and shall serve to confirm representations made by us to the Village of Key Biscayne (the "Village") during the course of consideration of our bid for the Project, Cone Constructors, Inc. (the "Contractor") hereby represents and confirms to the Village, as follows: 1 Project design shall be subject to review and approval by the Village at the 30%, 60% and 90% completion of design stages; Contrcct r shall provide for the installation of all necessary Y.;:,gs far the Prej :ct at whatever length or depth is necessary; 3- Contractor shall maintain two-way motor vehicle traffic at the Project at all times during construction; 4. The stated contract price already includes all costs for all permitting for the Project; 5. The stated coact price already includes all costs for providing and installing of empty conduit for future utility use, electrical outlets an the bridge structure, name plaque and we shall assist the Village with the necesssary applications for the bridge to be placed on the National Bridge Inventory System. 6. Contractor hereby certifies that each of the above items (1, 2, 3, 4, and 5) are included in the S 801,300.00 stated contract price, and accordingly, Contractor shall not make any claim for compensation for these items beyond the above described contract price. Further, no claim for such items shall be made by Contractor against the Allowance Account or otherwise. Except as described above, the Allowance Account shall otherwise be administered in accordance with the Project contract. This letter shall constitute a part of the Project contract of November 14, 1997. Please advise if anything further is required at this time. We Iook forward to working with the Village on this publicly beneficial project. S - CO ely, RS, INC. l�. Vice President of peeial Operations cc: C.A.P. Engineering Consultants David M. Wolpin, Esq., Village Attorney Bunnell Foundation, Inc. C3TS TOTAL P.02 SURETY PERFORMANCE BOND BOND #145760 SURETY PERFORMANCE BOND (REQUIRED BY FLORIDA STATUTES, SECTION 255.05) By this Bond, We CONE CONSTRUCTORS. INC. , as Principal, whose principal business address is 6735 S. LOIS AVE., TAMPA, FL 33616 , as Design Build Firm under the contract dated "4°,1046611- 14 , 19 5. . between Principal and The Village of Key Biscayne for the construction of West Mashta Drive Bridge , Project No. 3011 B (herein after referred to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and AMERICAN HOME ASSURANCE, a0corporation, whose principal business address is 70 PINE STREET. NEW YORK. NY 10270 as Surety, are bound to The Village of Key Biscayne (herein after referred to as "Village") in the sum of $ Rm ,q00 00 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jo;ntly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Pays the Village all losses, damages, including damages for delay expenses, costs and attorney's fees, including appellate proceedings, that the Village sustains because of a default by Principal under the Contract, including but not limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within the time period provided in Section 95.1 1(3)(c), Florida Statutes; and 3. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within the time period provided in Section 95.1 1(3) (c), Florida Statutes: then this bond is void; otherwise it remains in full force. Surety specifically, assumes liability for any and all delay damages arising from Principal's default for the Contract, as well as all latent defects uncovered in the work of the Principal after the final acceptance of the work by the Village. 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. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance by the Village of the Contract work as are provided for in the Contract by which Principal guarantees to repair or replace any or all work performed or materials and equipment furnished, which were not performed or furnished according to the terms of the Contract. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (1) year from the date of final acceptance by the Village; provided however, that this limitation does not apply to PFB-1 SURETY PERFORMANCE BOND (Cont'd) suits seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.1 1(3) (c), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the I4 day of Pddemhtr , 1941 . DESIGN BUILD FIRM (ouE COOSTeo4T04ltj IrJ (Desig►yBu ld Firm m By: (President)(Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: vY —NH- e. r,. .r (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be attached) MIRNA RAMOS SURETY: AMERICAN *HOME ASSUkNC AE COMPANY �-- 1 `, Attorney -in -Fact` MIRNA RAMOS (CORPORATE SEAL) (Power of Attorney must be attached) INQUIRIES: (813) 281-2095 P1213-2 American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office. 70 Pine Street, Nevs York, N Y 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No.07-B-504 31 That American Home Assurance Company, a Nev,, York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa , a Pennsylvania corporation, does each hereby appoint —James William Dunn, Mirna Ramos, Jeffrey A. Segall, Day id H. Carr, Denise Taylor: of Tampa, Florida --- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, tssued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Horne Assurance Company and National Union Firc Insurance Company of Pittsburgh, Pa have each executed these presents this 27th day of October 1994 William D. Smith, President STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 27th day of October 1994, before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa , to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office c jr ', c J. v ho. C; •, S;.i� V. ;.,Jr`tf CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizanccs and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction 0i -its surety business, "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may he affixed to any such Poyker of Attorney or to any ccrtiticate relating thereto by facsimile, and any such Poner of Attorney or certificate hearing such facsimile signatures or facsimile seal shall he valid and binding upon the Company "hen so affixed %kith respect to any bond, undertaking, recmalliance or other contract of indemnity or v,riting obligatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still he in effect may 1nsc:t in sucli i.crtitiLation the date thereof, said date to be not later than the date of deli'cry thereof In such Attorney -in -Fact " 1, Flt/aheth NI Tuck, Secretary of American /tome Assurance Company and of National Union Fire 1nsurancc Company of P1ttsbtugh, Pa do hereby certify that the foregoing excerpts of Resolution~ adopted by the Boards of Directors of these corporations, and the Poitiers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Poy.crs of Attorney are in bill force and effect IN «'ITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 1`'4 • day of Noutm b a , 19 97 .41:66AL°1 Elizabeth M Tuck, Secretary SURETY PAYMENT BOND BOND #145760 SURETY PAYMENT BOND (REQUIRED BY FLORIDA STATUTES, SECTION 255.05) By this Bond, We CONE CONSTRUCTORS, INC. , as Principal, whose principal business address is 6735 S. LOIS AVE., TAMPA. FL 33616 , as Design Build Firm under the contract dated 13ovtotber 14 , 1951 , between Principal and The Village of Key Biscayne for the construction of West Mashta Drive Bridge , Project No. 3011B (herein after reffered to as "Contract") the terms of which Contract are incorporated by reference in its entirety into this Bond and AMERICAN HOME ASSURANCE COMPANY a corporation, whose principal business address is 70 PINE STREET, NEW YORK, NY 10270 as Surety, are bound to The Village of Key Biscayne (herein after referred to as "Village") in the sum of $ 801,300.00 , for payment of which we bind ourselves, our heirs, personal reprensentatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, which is made a part of this bond by reference, and in the times and in the manner prescribed in the Contract; and 2. Pays the Village all losses, damages, including damages for delay, e 322-nes, costs and attorney's fees, including appellate proceedings; that the Village sustains because of failure by Principal to make any such payments; then this bond is void; otherwise it remains in full force. A claimant shall have the right of action against the Principal and the Surety for the amount due it. Such action shall not involve the Village in any expense. A claimant, except a laborer, who is not privity with the Principal and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that it intends to look to the bond for protection. A claimant who is not privity with the Principal and who has not received payment for its labor, materials, or supplies shall, within 90 days after the performance of the labor or after complete delivery of the materials or supplies, deliver to the Principal and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for labor, materials or supplies may be instituted against the Principal or the Surety unless both notices have been given. No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery PMB-1 SURETY PAYMENT BOND (Cont'd.) of the materials or supplies. A claimant may not waive in advance its right to bring an action under the bond against the surety. 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. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the 14 day of 13'0eMec 19k1. DESIGN BUILD FIRM COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current Identification Card as issued by State of Florida Commissioner must be attached) "IRNA RMOS PMB-2 CoNE CCosrevcrees, roc, (Desigrtj3ujld Firm Name By: (President)(Managing Partner or Joint Venturer) (CORPORATE SEAL) SURETY: AMERICAN MME ASSURAN`C€LOMPANY By: Attorney -in -Fact LIIRNA RAMOS INQUIRIES: (813) 281-2095 (CORPORATE SEAL) (Power of Attorney must be attached) American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, Neyy York, N Y. 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No.07-B-50431 That American Home Assurance Company, a NCyy York corporation, and National Union Fire Insurance Company' of Pittsburgh, Pa a Pennsylvania corporation, does each hereby appoint --James William Dunn, Mirna Ramos, Jeffrey A. Segall, Dav id H. Carr, Denise Tai lor: of Tampa, Florida --- its true and lawful Attorney(s)-in-Fact, yrith full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company' of Pittsburgh, Pa have each executed these presents this 27th day of October 19994. William D. Smith, President STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 27th day of October 1994, before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa., to ine personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office t‘10. c: 7. 7: '-(' v,- s : — EA, .3:, CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of Arncrican Moyne Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa on May 18, 1976. "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recogni7ances and other contracts of indemnity and ,Aritings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its suicty business, "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may he affixed to any such Power of Attorney or to any certificate relating thereto by facsunile, and any such Pom.er of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company hen so affixed m.ith respect to any pond, undertaking, recognizance or other contract of indemnity or ‘‘ruing obligatory in the nature thereof, "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions Mill he in effect may insert in such certification the date thereof, said date to he not later than the date of delivery thereof by such Attorney-in-FaLt " 1, Elizabeth NI Tuck, Secretary of American 11otne Assurance Comp.uiy and of National Union Fire Insurance Company of Pittsburgh, 1'a do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are tnie and correct, and that both the Resolutions and the Pov.ers of Attorney are in full force and eticct IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this ly day of tJemb(e , 19 y7 )14, .4:1,4=Lo° • Elizabeth M Tuck, Secretary FLORIDA DEPARTMENT OF INSURANCE MIRNA RAMOS License Number 129482563 IS LICENSED TO TRANShCTZryE FOLLOWING CLAssesibfyltsiU E General Lines (Prop & Cas) This licensee must have an active appointment with the'nsurer or employer for which products or services are being marketed See reverse for additional requirements �`+7k3'"-�} -"- ==<i. 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