HomeMy WebLinkAboutR-2002-019 Approving the Agreement with MEF Construction, Inc. i
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RESOLUTION NO. 2002-019
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING
THE AGREEMENT WITH MEF CONSTRUCTION, INC. FOR
CONSTRUCTION SERVICES RELATING TO THE SOUTHWEST
NEIGHBORHOOD BEAUTIFICATION PROJECT—PHASE V, UNDER THE
26T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM;
PROVIDING THAT SAID CONSTRUCTION SERVICES SHALL NOT
EXCEED ONE HUNDRED NINETY-FOUR THOUSAND FIVE HUNDRED
FIFTY DOLLARS ($194,550.00); PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That that certain agreement with MEF Construction Inc. in the amount
of One Hundred Ninety-Four Thousand Five Hundred Fifty Dollars ($194,550.00) for
construction services'for the Southwest Neighborhood Beautification Project — Phase V,
under the 26th Year Community Development Block Grant Program, in substantial form as
Exhibit "A", attached, is approved.
Section 2. That the appropriate city officials are authorized to execute the
agreement with MEF Construction Inc. and the City Manager and City Attorney are
authorized to make minor revisions to said agreement in the best interest of the City of
Dania Beach.
Section 3. That all resolutions in conflict herewith be repealed to the extent of
such conflict.
Section 4. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS 12th DAY OF FEBRUARY, 2002.
PATRICIA FLURY
MAYOR — COMMISSIONER
RESOLUTION NO. 2002-019
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE J HNSON COMMISSIONER MIKES - YES
CITY CLERK-` VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO O M AND CORRECTNESS:
BY: ' �,
THOMAS)J. Ak BRO
CITY ATTORNEY
RESOLUTION NO. 2002-019
AGREEMENT
(To be executed in triplicate, one copy in the Office of the
City Manager, one copy to be filed in the Office of the City
Engineer of the City Dania Beach, and one copy to be given to the
Contractor) .
THIS IS AN AGREEMENT, dated the 4� day of �, ' 2002
between:
CITY OF DANIA BEACH, a municipal corporation of Florida,
called the "City" , 100 WEST DANIA BEACH BOULEVARD,
DANIA BEACH, FLORIDA 33004,
and
MEF Construction, Incorporated, a Florida corporation,
hereinafter referred to as "CONTRACTOR" , 782 NW 42nd Avenue,
#640, Miami, FL 33126
The "Project" is : SOUTHWEST NEIGHBORHOOD
BEAUTIFICATION PROJECT PHASE V
The "City Engineer" is : CRAVEN THOMPSON & ASSOCIATES, INC.
3563 NW 53rd STREET
FORT LAUDERDALE, FL 33309
(954) 739-6400
W I T N E S S E T H:
In consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, CITY and CONTRACTOR
agree as follows :
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference
for this Agreement, and to generally express the objectives and
intentions of the respective parties herein, the following
statements, representations, and explanations shall be accepted as
predicates for the undertakings and commitments included within the
provisions which follow, and may be relied upon by the parties as
essential elements of the mutual considerations upon which this
Agreement is based.
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• 1 . 1 The CONTRACTOR, for the consideration hereafter fully set out
shall furnish all the material, equipment and labor to perform all
the work necessary to complete the "Provisions for SW NEIGHBORHOOD
BEAUTIFICATION PROJECTS PHASE V a Community Development Block Grant
Program, " all in full and complete accordance to the below listed
Contract Documents, which are attached hereto and made a part
hereof, as if fully contained herein;
Advertisement for Bids; Instructions to Bidders; Bid
Forms, General Conditions, Supplementary Conditions,
Addenda, Constructions Drawings and Specifications; the
Proposal and acceptance thereof.
1 .2 On December 3rd, 2001 the CITY advertised its notice to
bidders of the CITY' S desire to hire a firm to subject to the
approval by the Broward County Community Development Division, to
provide for SW NEIGHBORHOOD BEAUTIFICATION PROJECT - Phase V under
the Community Block Grant Program. Such drainage, sidewalk and
landscape improvements are more particularly described in the above
entitled Contract Documents which are attached hereto and made a
hereof, for the said bid entitled:
BID PROPOSAL
• SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PROJECT PHASE V
CITY OF DANIA BEACH
ADMINISTRATIVE CENTER
100 WEST DANIA BEACH BLVD.
DANIA BEACH, FLORIDA 33004
1 . 3 The CITY held a mandatory pre-bid meeting and on December,
20th, 2001 the bids were opened at the offices of the City Clerk.
1 . 4 On February 12, 2002, the CITY awarded the bid to MEF
Construction, Incorporated, CONTRACTOR, for the designated areas
described in and authorized the proper CITY officials to negotiate
and enter into an agreement with CONTRACTOR to render the work more
particularly described in the above listed Contract Documents which
are attached hereto and made a part hereof.
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ARTICLE 2
SERVICES AND RESPONSIBILITIES
2 . 1 CONTRACTOR hereby agrees to perform the services necessary for
the SW NEIGHBORHOOD BEAUTIFICATION PROJECTS PHASE V on CITY' S
property, as more particularly described in the Contract Documents
attached hereto and by this reference made a part hereof, in
accordance with the specifications, attached hereto and made a part
hereof and CONTRACTOR' s response thereto, attached hereto and made
a part hereof.
2 . 2 CONTRACTOR agrees to do everything required by this Agreement,
the Sealed Bid Package "Provisions For SW NEIGHBORHOOD
BEAUTIFICATION PROJECTS PHASE V", and Commission award complete
with proposal form.
2 . 3 CONTRACTOR shall furnish all services, labor, equipment, and
materials necessary and as may be required in the performance of
this Agreement, except as otherwise specifically provided for
herein, and all work performed under this Agreement shall be done
in a professional manner.
2 . 4 CONTRACTOR hereby represents to CITY, with full knowledge that
CITY is relying upon these representations when entering into this
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Agreement with CONTRACTOR, that CONTRACTOR has the expertise,
experience and manpower to perform the services to be provided by
CONTRACTOR pursuant to the terms of this Agreement.
2 . 5 CONTRACTOR hereby represents to CITY that CONTRACTOR is
properly licensed by the applicable federal, state, and local
agencies to provide the services under this Agreement. If
CONTRACTOR' s license is revoked, suspended, or terminated for any
reason by any governmental agency, CONTRACTOR shall notify the CITY
immediately.
2 . 6 CONTRACTOR hereby agrees to conduct all work and services
under this Agreement in accordance with all the applicable federal,
state, and local laws or regulations . A violation of any federal,
state, or local law or regulation may be cause for breach, allowing
the CITY to terminate this Agreement.
2 . 7 CONTRACTOR shall guarantee the complete project against poor
workmanship and faulty materials for a period of twelve (12) months
after final payment and shall immediately correct any defects which
may appear during this period upon notification by the City or the
• City' s Engineer.
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ARTICLE 3
PROTECTION OF CITY' S PROPERTY
At all times during the performance of this Contract, the
CONTRACTOR shall protect the CITY' s property from all damage
whatsoever on account of CONTRACTOR' s performance of improvements
carried on under this Contract.
ARTICLE 4
TERMS AND CONDITION
4 . 1 CONTRACTOR shall perform the improvements to the CITY Property
as identified in the Contract Documents attached hereto and made a
part hereof, commencing on April 22, 2002 and completing said
improvements no later than ninety (90) days after the notice to
proceed.
4 . 2 This Agreement may be terminated by either party for cause,
upon thirty (30) days written notice by the CITY to CONTRACTOR, in
which event the CONTRACTOR shall be paid its compensation for the
improvements completed by the termination date. In the event that
• the CONTRACTOR abandons this Agreement or causes it to be
terminated, he shall indemnify the CITY against any loss pertaining
to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies,
surveys and reports prepared by CONTRACTOR shall become the
property of CITY and shall be delivered by CONTRACTOR to CITY.
ARTICLE 5
COMPENSATION AND METHOD OF PAYMENT
5 . 1 CITY agrees to compensate CONTRACTOR for all the improvements
and landscaping completed by CONTRACTOR pursuant to the provisions
of this Agreement:
SCHEDULE OF PRICES
ITEM 1 For mobilization & demobilization of all equipment
& personnel including pre-construction and post-
construction video taping, Bond, insurance,
construction sign, and permit fees, and record
drawings :
$2, 000 . 00
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ITEM 2 For maintenance of traffic and shall include signs,
® barricades, lath and flagging, and traffic cones as
required.
$5, 000 . 00
ITEM 3 For 6" thick concrete sidewalk installed and in
place and verified by the Engineer:
$37, 800 . 00
ITEM 4 For brick pavers in place as field measured and
verified by the Engineer:
$54, 000 . 00
ITEM 5 For the actual SY of sod in place as field
measured and verified by the Engineer, and
includes soil preparation and watering:
$22 , 200 . 00
ITEM 6 For the actual number of Type "C" catch basins
installed as verified by the Engineer:
$11, 700 . 00
ITEM 7 For the actual length of 15" HDPE drainage pipe
• and exfiltration trench installed as field
verified by the Engineer:
$36, 000 . 00
ITEM 8 For the actual quantity of corrugated metal pipe
removal as field verified by the Engineer:
$600 . 00
ITEM 9 For the actual quantity of asphalt pavement used
to restore driveways and roadway as field verified
by the Engineer:
$18, 000 . 00
ITEM 10 For the actual quantity of type `D' curb installed
as field verified by the Engineer:
$750 . 00
ITEM 11 For the actual number of project signs painted and
installed as verified by the Engineer:
$1, 000 . 00
ITEM 12 For all work not generally covered under other pay
items and project cleanup in accordance with the
• plans and specifications :
$4, 000 . 00
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ITEM 13 For payment of testing lab services, field and lab
work, for concrete cylinders and other materials
incorporated into the work of the project:
$500 . 00
ITEM 14 For all work required relocating poles as
determined by FPL:
$ N/A
ITEM 15 Contingency:
$1, 000 . 00
The total compensation amount of $194, 550 . 00 may not be exceeded
without a written amendment to this Agreement.
5 .2 Method of Billing and Payment.
5 . 2 . 1 The CONTRACTOR may requisition payments for work
completed during the project at monthly intervals . The CONTRACTOR' S
requisition shall show a complete breakdown of the project
components, the quantities completed and the amount due, together
with such supporting evidence as may be required by the ENGINEER
for approval . Ten percent (10%) of all monies earned by the
CONTRACTOR shall be retained by the City until the project is
totally completed as specified and accepted.
5 . 2 . 2 Payment will be made to CONTRACTOR at:
5 .2 . 3 The making and acceptance of the final payment shall
constitute a waiver of all claims by the CITY other than those
arising from unsettled liens, from faulty work appearing within
twelve (12) months after final payment, or from requirements of the
specifications . It shall also constitute a waiver of all claims by
the CONTRACTOR, except those previously made and still unsettled.
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ARTICLE 6
CHANGES IN SCOPE OF WORK
6 . 1 CITY or CONTRACTOR may request changes that would increase,
decrease, or otherwise modify the work, as described in the
Contract Documents, to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will
affect the compensation accordingly. Such changes must be
contained in a written amendment, executed by the parties hereto,
with the same formality as this Agreement, prior to any deviation
from the terms of this Agreement, including the initiation of any
additional or extra work.
6 . 2 In no event will the CONTRACTOR be compensated by any work
which has not been described in a separate written agreement
executed by the parties hereto.
ARTICLE 7
• INDEMNIFICATION
7 . 1 The CONTRACTOR agrees to release the CITY from and against any
and all liability and responsibility in connection with the above
mentioned matters . The CONTRACTOR further agrees not to sue or
seek any money or damages from CITY in connection with the above
mentioned matters .
7 . 2 The CONTRACTOR agrees to indemnify and hold harmless the CITY,
its trustees, elected and appointed officers, agents, servants and
employees, from and against any and all claims, demands, or causes
of action whatsoever, and the resulting losses, costs, expenses,
reasonable attorneys' fees , liabilities, damages, orders ,
judgments, or decrees, sustained by the CITY or any third party
arising out of, or by reason of, or resulting from the CONTRACTOR' s
negligent acts, errors, or omissions .
ARTICLE 8
INSURANCE
8 . 1 The CONTRACTOR shall not commence work under this contract
• until he has obtained all insurance required under this paragraph,
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and such insurance has been approved by the Risk Manager of the
CITY, nor shall the CONTRACTOR allow any Subcontractor to commence
work on any sub-contract until all similar such insurance required
of the subcontractor has been obtained and approved.
8 .2 Certificates of insurance, reflecting evidence of the required
insurance, shall be filed with the Risk Manager prior to the
commencement of the work. These Certificates shall contain a
provision that coverages afforded under these policies will not be
canceled until at least thirty days (30) prior written notice has
been given to the CITY. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida.
8 . 3 Financial Ratings must be no less than "A" in the latest
edition of the "BEST' S KEY RATING GUIDE" , published by A.M. Best
Guide.
8 .4 Insurance shall be in force until all work required to be
performed under the terms of the Contract is satisfactorily
completed as evidenced by the formal acceptance by the CITY. In
the event the insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this
contract, then in that event, the CONTRACTOR shall furnish, at
least thirty (30) days prior to the expiration of the date of such
insurance, a renewed certificate of insurance as proof that equal
and like coverage for the balance of the period of the contract and
any extension thereunder is in effect. The CONTRACTOR shall not
continue to work pursuant to this contract unless all required
insurance remains in full force and effect.
8 . 5 REQUIRED INSURANCE.
8 . 5 . 1 Comprehensive General Liability insurance shall cover
liability, bodily injury, and property damage. Exposures to be
covered are: premises, operations, products/completed operations,
and certain contracts . Coverage must be written on an occurrence
basis, with the following limits of liability:
8 . 5 . 1. 1 Bodily Injury
8 . 5 . 1. 1. 1 Each Occurrence $1, 000, 000
8 . 5 . 1 . 1. 2 Annual Aggregate 1, 000, 000
8 . 5 . 1 .2 Property Damage
• 8 .5 . 1 .2 . 1 Each Occurrence 11000, 000
8 . 5 . 1 .2 . 2 Annual Aggregate 1, 000, 000
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8 . 5 . 1 .3 Personal Injury
Annual Aggregate 11000, 000
8 . 5 . 1 .4 Completed Operations and Products
Liability shall be maintained for two (2)
years after final payment.
8 . 5 . 1 .5 Property Damage Liability Insurance shall
include Coverage for the following
hazards : X-explosion, C-collapse, U-underground.
8 . 5 . 2 Workers' Compensation insurance shall be maintained
during the life of this contract to comply with statutory limits
for all employees, and in the case any work is sublet, the
CONTRACTOR shall require any Subcontractors similarly to provide
Workers' Compensation Insurance for all the latter' s employees
unless such employees are covered by the protection afforded by the
CONTRACTOR. The CONTRACTOR and his subcontractors shall maintain
during the life of this policy Employers Liability Insurance. The
following limits must be maintained:
• 8 . 5 . 2 . 1 Workers' Compensation Statutory
8 . 5 . 2 . 2 Employer' s Liability $500 000
Each Occurrence
8 . 5 . 3 Comprehensive Auto Liability.
8 . 5 . 3 . 1 Bodily Injury
8 . 5 . 3 . 1 . 1 Each Occurrence 1, 000, 000
8 . 5 . 3 . 1 .2 Annual Aggregate 1, 000, 000
8 . 5 . 3 .2 Property Damage
8 . 5 . 3 .2 . 1 Each Occurrence 11000, 000
8 . 5 .3 .2 . 2 Annual Aggregate 11000, 000
Coverage shall include owned, hired and non-owned vehicles .
The CONTRACTOR shall hold the CITY, its agents, and employees,
harmless on account of claims for damages to persons, property or
premises arising out of the operations to complete this contract
and name the CITY as an additional insured under their policy.
The CITY reserves the right to require any other insurance
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coverage it deems necessary depending upon the exposures .
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ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties
that the contractor under this Agreement is not the CITY' s employee
for all purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Workers' Compensation Act, and the State
unemployment insurance law. The CONTRACTOR shall retain sole and
absolute discretion in the judgment of the manner and means of
carrying out CONTRACTOR' s activities and responsibilities
hereunder. Provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those
of CONTRACTOR, which policies of CONTRACTOR shall not conflict with
• CITY, H.U.D. , or United States policies, rules or regulations
relating to the use of CONTRACTOR' s funds provided for herein. The
CONTRACTOR agrees that it is a separate and independent enterprise
from the CITY, that it has full opportunity to find other business,
that it has made its own investment in its business, and that it
will utilize a high level of skill necessary to perform the work.
This Agreement shall not be construed as creating any joint
employment relationship between the CONTRACTOR and the CITY and the
CITY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime
premiums .
ARTICLE 10
CONSTRUCTION PERFORMANCE BOND
10 . 1 At the time of the execution of this Agreement, CONTRACTOR
shall furnish a Construction Performance Bond in the amount of 100%
of bid which will be considered Bond Coverage for the City. The
Performance Bond shall guarantee to the CITY the Completion and
performance of the work covered in the Agreement. The performance
Bond shall at all times be valid and in force to cover the work
• being performed. The Performance Bond shall be executed by a
Surety Company approved by the U.S. Treasury Department, licensed
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to do business in the State of Florida, and having a registered
• agent in Broward County.
10 . 2 The CONTRACTOR agrees to keep such Bonds, or a replacement
thereof, in force at all times during the course of performance of
this Agreement. In addition to the foregoing requirements, such
Bond shall contain provisions, whether by attaching endorsements or
supplemental agreements, guaranteeing to the CITY the completion of
services of the performance of this Agreement . CONTRACTOR may
comply with the requirements of this provision by causing said Bond
to specifically name the CITY OF DANIA BEACH as one of the parties
to whom the protection afforded by said Bond is extended or as an
alternative, may furnish the CITY with a separate Performance Bond
meeting the same criteria provided above.
ARTICLE 11
DEFAULT OF CONTRACT & REMEDIES
11 . 1 Liquidated Damages .
It is mutually agreed between the parties hereto that time is
of the essence of this Agreement, and in the event construction of
the work is not completed within the time herein specified, it is
• agreed that from the compensation otherwise to be paid to the
CONTRACTOR, the CITY may retain the sum of Five Hundred ($500 . 00)
Dollars per day for each day thereafter, Sundays and Holidays
included, that the work remains uncompleted and the CITY is denied
full Beneficial Occupancy of the work, which sum shall represent
the actual damages which the CITY will have sustained per day by
failure of the CONTRACTOR to complete the work within the time
stipulated, and this sum is not a penalty, being the liquidated
damages the CITY will have sustained in the event of such default
by the CONTRACTOR.
11 .2 Remedies in Default. In case of default by CONTRACTOR,
the CITY ENGINEER shall notify the CONTRACTOR, in writing, of such
abandonment, delay, refusal, failure, neglect, or default and
direct him to comply with all provisions of the Agreement. A copy
of such written notice shall be mailed to the Surety on the
Performance bond ("Surety") . If the abandonment, delay, refusal,
failure, or neglect is not cured within seven (7) days of when
notice . was sent by CITY, CITY may declare a default of the
Agreement and notify the CONTRACTOR and the Surety of such
declaration of default and terminate the Agreement.
The Surety on the Performance Bond shall within ten (10) days
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of such declaration of default rectify or cause to be rectified any
® mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform the work under the
Agreement at its own cost and expense.
11 . 2 . 1 Upon such declaration of default, all payments
remaining due the CONTRACTOR at the time of default, less all sums
due the CITY for damages suffered, or expenses incurred by reason
of default, shall be due and payable to the Surety. Thereafter the
Surety shall receive monthly payments equal to those that would
have been paid the CONTRACTOR had the CONTRACTOR continued to
perform the work under the Agreement.
11 .2 .2 If such Surety fails to perform, the CITY may complete
the Contract, or any part thereof, either by day labor or re-
letting a Contract for the same, and procure the equipment and the
facilities necessary for the completion of the Contract, and charge
the cost of same to the CONTRACTOR and/or the Surety together with
the costs incident thereto to such default.
11 .2 . 3 In the event the CITY completes the Contract at a
lesser cost than would have been payable to the CONTRACTOR under
this agreement, if the same had been fulfilled by said CONTRACTOR,
® CITY shall retain such differences . Should such cost to the CITY
be greater, the CONTRACTOR and/or the Surety shall pay the amount
of such excess to the CITY.
ARTICLE 12
.BANKRUPTCY
It is agreed that if the CONTRACTOR is adjudged bankrupt,
either voluntarily or involuntarily, then this Agreement shall
terminate effective on the date and at the time the bankruptcy
petition is filed.
ARTICLE 13
DISPUTE RESOLUTION
13 . 1 Arbitration. In addition to any other remedy provided
hereunder, the CITY, at its option, may use arbitration to resolve
any controversy or claim arising out of or relating to this
Contract if arbitration is elected by the CITY. Any controversy or
claim arising out of or relating to this Contract, or breach
thereof, may be settled by arbitration in accordance with the rules
• of the American Arbitration Association and judgment upon the award
rendered by the arbitrators may be entered into by any court giving
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jurisdiction thereof . In the event arbitration is elected by the
CITY, such controversy or claim shall be submitted to one
16 arbitrator selected from the National Panel of The American
Arbitration Association.
13 .2 Operations During Dispute.
13 . 2 . 1 In the event that a dispute, if any, arises between the
CITY and the CONTRACTOR relating to this agreement, performance or
compensation hereunder, the CONTRACTOR shall continue to render
service in full compliance with all terms and conditions of this
agreement as interpreted by the CITY regardless of such dispute.
13 .2 .2 The CONTRACTOR expressly recognizes the paramount right and
duty of the CITY to provide adequate maintenance of the CITY' s
Property, and further agrees, in consideration for the execution of
this Agreement, that in the event of such a dispute, if any, it
will not seek injunctive relief in any court, but will negotiate
with the CITY for an adjustment on the matter or matters in dispute
and, upon failure of said negotiations to resolve the dispute, may
present the matter to a court of competent jurisdiction in an
appropriate suit therefore instituted by it or by the CITY.
13 .2 . 3 Notwithstanding the other provisions in this Section, the
CITY reserves the right to terminate the Agreement at any time,
whenever the service provided by the CONTRACTOR fails to meet
reasonable standards of the trade after the CITY gives written
notice to the CONTRACTOR of the deficiencies as set forth in the
written notice within fourteen (14) days of the receipt by the
CONTRACTOR of such notice from the CITY.
ARTICLE 14
MISCELLANEOUS
14 . 1 Ownership of Documents. Reports, surveys, studies, and other
data provided in connection with this Agreement are and shall
remain the property of CITY, whether or not the project for which
they are made is completed.
14 . 2 Legal Representation. It is acknowledged that each party to
this agreement had the opportunity to be represented by counsel in
the preparation of this Agreement, and accordingly, the rule that a
contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the joint contributions of both
parties .
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14 . 3 Records. CONTRACTOR shall keep such records and accounts and
• require any and all subcontractors to keep records and accounts as
may be necessary in order to record complete and correct entries as
to personnel hours charged to this engagement, and any expenses for
which CONTRACTOR expects to be reimbursed. Such books and records
will be available at all reasonable times for examination and audit
by CITY and shall be kept for a period of three (3) years after the
completion of all work to be performed pursuant to this Agreement.
Incomplete or incorrect entries in such books and records will be
grounds for disallowance by CITY of any fees or expenses based upon
such entries .
14 .4 Assignments and Amendments . This Agreement, and any
interests herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by CONTRACTOR without the
prior written consent of CITY. For purposes of this Agreement, any
change of ownership of CONTRACTOR shall constitute an assignment
which requires CITY approval. However, this Agreement shall run to
the CITY and its successors and assigns .
It is further agreed that no modification, amendment, or alteration
in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same
formality and of equal dignity herewith.
14 . 5 No Contingent Fees . CONTRACTOR warrants that it has not
employed or retained any company or person, other than a bona fide
employee working solely for the CONTRACTOR to solicit or secure
this Agreement, and that it has not paid or agreed to pay any
person, company, corporation, individual or firm, other than a bona
fide employee working solely for CONTRACTOR any fee, commission,
percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the
breach or violation of this provision, the CITY shall have the
right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover
the full amount of such fee, commission, percentage, gift or
consideration.
14 . 6 Notice. Whenever any party desires to give notice unto any
other party, it must be given by written notice, sent by certified
United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the
places last specified, and the places for giving of notice shall
remain such until they shall have been changed by written notice in
• compliance with the provisions of this section. For the present,
the CONTRACTOR and the CITY designate the following as the
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respective places for giving of notice:
•
City Ivan Pato
City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania, Florida 33004
Copy to: Thomas Ansbro, City Attorney
3107 Stirling Road, Suite 300
Dania Beach, F1 33312
Contractor:
MEF Construction, Incorporated,
782 NW 42nd Avenue, #640
Miami, FL 33126
14 . 7 Binding Authority. Each person signing this Agreement on
behalf of either party individually warrants that he or she has
full legal power to execute this Agreement on behalf of the party
for whom he or she is signing, and to bind and obligate such party
with respect to all provisions contained in this Agreement.
14 . 8 Headings . Headings herein are for the convenience of
reference only and shall not be considered in any interpretation of
this Agreement.
14 . 9 Exhibits. Each Exhibit referred to in this Agreement forms an
essential part of this Agreement. The exhibits if not physically
attached should be treated as part of this Agreement and are
incorporated herein by reference .
14 . 10 Severability. If any provision of this Agreement or
application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations
other than those as to which it shall have been held invalid or
unenforceable, shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent
• permitted by law.
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14 . 11 Governing Law. This Agreement shall be governed by the laws
of the State of Florida with venue lying in Broward County,
• Florida.
14 . 12 Extent of Agreement. This Agreement represents the entire
and integrated agreement between the CITY and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements,
either written or oral .
14 . 13 Waiver. Failure of the CITY in insist upon strict
performance of any provision or condition of this Agreement, or to
execute any right therein contained, shall not be constructed as a
waiver or relinquishment for the future of any such provision,
condition, or right, but the same shall remain in full force and
effect.
14 . 14 Disputes . Any claim, objection, or dispute arising out of
the terms of this Agreement shall be litigated in the Seventeenth
Judicial Circuit Court in and for Broward County.
14 . 15 Attorneys' Fees. In the event that either party brings suit
for enforcement of this Agreement, the prevailing party shall be
entitled to attorney' s fees and court costs in addition to any
• other remedy afforded by law.
14 . 16 Protection of City Property. At all times during the
performance of this Contract, the CONTRACTOR shall protect the
CITY' s property from all damage whatsoever on account of the work
being carried on under this contract.
IN WITNESS OF THE FOREGOING, the parties have set their hands
and seals on the day and year first written above.
ATT ST; �, CITY OF DANIA BEACH, FLORIDA,
/ c 'pal o pp ration
v
BY:
. . 43
Charlene Johns n, City Clerk H. Chunn, r. , ayor
APPROVED AS TO FORM AND CORRECTNESS : BY:
�i
CI MANAGER
THOMAS ANSBRO, CITY ATTORNEY
ME F ru�ti Incorporated,
BY:
® Miquel Ocana
Vice-President
16
STATE OF FLORIDA)
COUNT OF BROWARD)
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgments, personally appeared Miquel Ocana,
Vice President of MEF Construction, Incorporated, a Florida
corporation, and acknowledged execution of the foregoing Agreement
as the proper official of said corporation, for the use and
purposes mentioned in it and affixed the official seal of the
corporation, and that the instrument is the act and deed of that
corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official
• seal at in the State and County aforesaid on this day of
2002 .
Notary Public �-
My Commission Expires :
•
17
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond # 543 78 51
A/A Document A312
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):
MEF Construction, Inc. Great American Insurance Company
782 NW 42 Ave. , #640 2701 Maitland Center Parkway, Suite 125
Miami F1 33126 Maitland FL 32751
OWNER (Name and Address):
City of Dania Beach
Dania Beach Florida
*CONSTRUCTION CONTRACT
Date:
Amount: $194,550.00
Description (Name and Location): Southwest Neighborhood Beautification Project Phase V
BOND
Date (Not earlier than Construction Contract Date):
Amount: $194,550.00
Modifications to this Bond: ❑ None C See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: "cazIn (Corporate Seal)
MEF Construct-io nc. Great Amnee Company
Signature: _ Signature:Name and 1 itle: K1,GaCL OCANA ct�I iDp'� Name and Ionet, Attorney—in—Fact
and Licensed\Florida RegisterediAgent
(Any additional signatures appear on page 3) (305) 591-0090
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
AtA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA 6 '
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, O.C. 20006 A312-1984
THIRD PRINTING 9 MARCH 1987
I The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as
bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter-
successors and assigns to the Owner for the performance mined, tender payment therefor to the
of the Construction Contract,which is incorporated herein Owner; or
*by reference. .2 Deny liability in whole or in part and notify the
2 If the Contractor performs the Construction Contract, Owner citing reasons therefor.
the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph
under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed
provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an
3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety
under this Bond shall arise after: demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as
Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the
that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in
Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be
conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner.
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right
tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety
Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall
such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the
any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
3.2 The Owner has declared a Contractor Default and Ovt7ner under the Construction Contract.To the limit of the
formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the
the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of
clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure-
the Surety have received notice as provided in Sub- ty is obligated without duplication for:
paragraph 3.1; and
6.1 The responsibilities of the Contractor for correc-
3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc-
Contract Price to the Surety in accordance with the tion Contract;
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay
dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and
graph 3, the Surety shall promptly and at the Surety's ex
pence take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract,actual dam-
4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor-
Owner, to perform and complete the Construction mance of the Contractor.
Contract; or
7 The Surety shall not be liable to the Owner or others for
4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con-
tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price
pendent contractors; or shall not be reduced or set off on account of any such
4.3 Obtain bids or negotiated proposals from unrelated. obligations. No right of action shall accrue on
qualified contractors acceptable to the Owner for a this Boncl,to any person or entity other than the Owner or
contract for performance and completion of the Con- its heirs, executors, administrators or successors.
struction Contract, arrange for a contract to be pre- g The Surety hereby waives notice of any change, includ-
pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to
selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga-
with performance and payment bonds executed by a tions.
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond
amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in
cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located
Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor
4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased
for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails
reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail-
ALA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-18134 2
THIRD PRINTING• MARCH 1987
able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by
shall be applicable. the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
10 Notice to the Surety,the Owner or the Contractor shall
be mailed or delivered to the address shown on the si duced by all valid and proper payments made to or on
g- behalf of the Contractor under the Construction Con-
nature page. tract.
11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between
statutory or other legal requirement in the location where• the Owner and the Contractor identified on the sig-
the construction was to be performed,anyprovision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per-
Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
neither been remedied nor waived, to pay the Con-
12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to
payable by the Owner to the Contractor under the perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof.
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
•
(Space is provided below for additional signatures of added parties, other than those appearing'on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: ( (Corporate Seal)
MEF Construction, Inc. GReat Ameri&a�n Insuran Company
Signature: 1, Signature:
Name and Title: Name and Title:M chael Bonet, Attorney—in-Fact an
Address: 782 NW 42 Ave. , #640 Miami FL 33126 Address: Licen ed Florida Registered Agent
2001 NW 107th Ave. , #200 Miami FL 33172
(305) 591-0090
A1A DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 19M ED. •AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,wASHINGTON, O.C. 20006 A312-1984 3
THIRD PRINTING•MARCH 1987
THE AMERI CAN INSTITUTE OF ARCHITECTS
Bond # 543 78 51
AIA Document A312
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):
MEF Construction, Inc. Great American Insurance Company
782 NW 42 Ave. , #640 2701 Maitland Center Parkway, Suite 125
Miami FL 33126 Maitland FL 32751
OWNER (Name and Address):
City of Dania Beach
Dania Beach Florida
CONSTRUCTION CONTRACT
Date:
Amount: $194,550.00
Description (Name and Location):Southwest Neighborhood Beautification Project Phase V
BOND
Date (Not earlier than Construction Contract Date):
Amount: $194,550.00
❑None See Page 6
Modifications to this Bond:
�
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
(Corporate Seal)
Great Amer"3 t n ,Ins.0 Vince Company
MEF Construc o Inc i
I ,
Signature:
Signature:
��
Name a.^.d Title: �&JZ--�A� v��JRA�tpbaT Name and Titled Michael Bonet, Attorney-in-
And Licensed Florida Registered Agent
(Any additional signatures appear on page 6)
305) 591-0090
(FOR INFORMATION ONLY—Name, Address and Telephone)
REPRESENTATIVE (Architect, Engineer or
AGENT or BROKER:
other party):
AtA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. •AIA ® A312-1984 �
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W•,WASHINGTON,O.C. ZW%
THIRD PRINTING • MARCH 1987
1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the
successors and assigns to the Owner to pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to
mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim,
rated herein by reference. stating the amounts that are undisputed and the basis
i2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed.
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed
2.1 Promptly makes payment,directly or indirectly, amounts.
for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be
Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit is
for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under
nished for use in the performance of the Construction the Construction Contract shall be used for the perfor
Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims,
the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By
described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this
liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor
demands, liens or suits to the Contractor and the in the performance of the Construction Contract are
Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work.
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
4 The Surety shall have no obligation to Claimants ed to the Construction Contract. The Owner shall not be
under this Bond until: liable for payment of any costs or expenses of any Claim-
4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli-
contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or
Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond.
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change,
substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract
4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other
with the Contractor: obligations.
1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant
tractor and sent a copy, or notice thereof, n under this Bond other than in a court of competent juris-
the Owner, within 90 days after having last diction in the location in which the work or part of the
work is located or after the expiration of one year from the
performed labor or last famished materials last
stating,with date(1)on which the Claimant gave the notice required by
equipment included in the claim st the claim Subparagraph 4.1 or Clause 42.3, or (2) on which the last
substantial accuracy,the amount
labor or service was performed by anyone or the last mate
and the name of the party to whom the
materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con-
whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,
.2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a
in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable.
within 30 days of furnishing the above no-
tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor
by which the Contractor'has indicated the shall be mailed or delivered to the address shown on the
claim will be paid directly or indirectly; and signature page. Actual receipt of notice by Surety, the
.3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall
days, have sent a written notice to the Surety be sufficient compliance as of the date received at the
(at the address described in Paragraph 12)and address shown on the signature page.
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this 13 When this Bond has been furnished to comply with a
Bond and enclosing a copy of the previous statutory or other legal requirement in the location where
written notice furnished to the Contractor. the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con-
Owner to the Contractor or to the Surety, that is suffi- forming
o dung toeemed such
statutory
or herein. leg lirequintent is that ment this
re
cient compliance. be
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIAG A312-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS.173S NEW YORK AVE..N.W.,WASHINGTON.D.C.20006
THIRD PRINTING • MARCH 1987
Construction Contract, architectural and
Bond shall construed as a statutory bond and not as a services required for erformance of the workengineering
ofth
common law bond.w
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
• promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
15.2 Construction Contract:The agreement between
15 DEFINITIONS the Owner and the Contractor identified on the sig-
15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and
contract with the Contractor orwith a subcontractor of changes thereto.
the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has
ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to
tion in the terms "labor, materials or equipment" that perform and complete or comply with the other terms
part of water, gas, power, light, heat, oil, gasoline, thereof.
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
This bond has been furnished to CoMfly with the -
requirements of Section 255.05, 713.23 or 713.245,
Florida Statutes,whichever is applichble.It is hereby
amended such that all provisions and limitations,including.
conditions,notice and time limitations of the applicable
statute are incorporated herein by reference.Any provision
of this bond wf&h conflicts with or purports to grant
® broader or more expanded coveWe m excess of the
minimum requirements of the applicable statute shall be
deemed deleted herefroM Jis bond is a statutory bond,
not a common law bond.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
(Corporate Seal
Company: (Corporate Seal) Company:
MEF Construction, Inc. Great AmeriLain Insuran Company
Signature:
Signature: Name and Title: chael Bonet, Attorney—in—Fa
Name and Title: tAkQk1�Cc4P\NA Address: Li ensed Florida Resident Ager.
Address:
Ave 40 Miami FL 33126 2001 NW 107th.Ave• #200 Miami FL 33172
782 NW2
AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1%4 ED. •AIA It (305) 591-0090 A312,1914
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W . WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 580 WALNUT STREET-CINCINNATI,OHIO 45202 - 513-369-5000 - FAX 513-723-2740
The number of persons authorized by
is power of attorney is not more than TWO No. 0 17204
46
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing
under and by virtue 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; for all obligees including any and all consents required by the
Department of Transportation,State of Florida,incident to the release of retained percentages and/or final estimates;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.
Name Address Limit of Power
Michael Bonet Both of both unlimited
Karen Lynn Debardas Miami, Florida
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-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 4th day of March , 2002
Attest GREAT AMERICAN INSURANCE COMPANY
DOUGLAS R.BOWEN (513-369-3811)
iE OF OHIO, COUNTY OF HAMILTON-ss:
On this day of before me personally appeared DOUGLAS R. BOWEN, to me
being duly 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 Insurance 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 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents,or any one of them, be
and hereby is authorized,from time to time,to appoint one or more Attomeys-in-Fact to execute on behalf of the Company,as surety,any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority;and to revoke any such appointment at any time.
RESOLVED FURTHER: That 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 so 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
same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this �� ��1 day of
S 1157E(03/01) Assistant Secretary