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Agreement-Trident Surfacing Inc AFTERACTION May 16,2001 City of Miami Beach C2A Commission Memorandum No. 256-01 Request for Approval to Award a Contract to Trident Surfacing, Inc., in the Amount of$105,000, Pursuant to Bid No. 33-00101, for Replacement of Wood Floor at the Bass Museum of Art. (City Manager's Office) ACTION: Award authorized. Mayra Diaz Buttacavoli to handle. Prepared by the Office of the City Clerk F:ICLERICOMMON\200112001 05 16105 1601D9.WPD 6 AGREEMENT THIS AGREEMENT made this ~ day of ~ 2001, between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, party ofthe one part, and TRIDENT SURFACING, INC., 5399 N.W. 161- Street, Miami, Florida 33014, hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the construction of improvements to be done by said Contractor and designated "Replacement of Wood Floor at the Bass Museum of Art" by said City, do hereby mutually agree as follows: 1. This Agreement shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its heirs, successors and assigns. Neither this Agreement nor any part thereof nor any part of the Work herein contemplated, shall be assigned or sublet, nor shall any sums of money provided to be paid to said Contractor be assigned by said Contractor to anyone without the consent of the City Commission of said City evidenced by its resolution. . 2. The foregoing pages of this booklet, including the Notice to Contractors, the Bid, and the Contract Documents and such alterations as may be made in said Plans and Specifications as therein provided for, are hereby referred to and made a part of this Agreement and the terms and conditions set forth therein, except when in direct conflict with this written Contract, are as much a part hereof as if copied herein. If conflicts exist between them and this written instnnnent, only that part of the matter in direct conflict herewith shall not be construed to be a part hereof. 3. The Contractor shall commence work within three (3) days of the Notice to Proceed and shall construct and complete in a good and workmanlike manner the materials herein rererred to, strictly in accord herewith the fullowing: 3.1 The Contractor shall be Snbstantiany Completed with the Work within 60 after the issuance date of the Notice to Proceed, and completed and ready for final payment within 75 calendar days after the issuance date of the Notice to Proceed. 3.2 Damages - City and Contractor recognize that the City will suffer direct financial loss if Work is not completed within the Contract times specified in paragraph 3.1 above (or alternate bid item No. I, ifawarded by City) plus any extensions thereof allowed in accordance with Artiele 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actUal loss suffered by Owner if the Work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to furfeit and pay Owner as liquidated damages fur delay (but not as a penalty) the amount of Five Hundred Dollars ($500.00) for each ealendar day that expires after the Contract Time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time, Contractor shall pay Owner Five Hundred Dollars ($500.00) for each calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of OwnerliJs expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. In such construction said Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the Work, nothing being required of the City except that it may, at its expense, supervise such construction and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City. 6. If the Contractor shall complete the construction herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the contract sum in accordance with the Conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not deprive City of the right to exercise any option in this Agreement contained nor shall it operate to alter any other term of this Agreement. 7. The Contractor shall file with the Procurement Director of said City of Miami Beach a Performance and Labor and Material Payment Bond, each in the amount of 100 percent of Contract Amount, in the furm as set forth herein or as otherwise approved by the City of Miami Beach City Attorney and shall be executed by said Contractor and Surety Agent authorized to do business in the Stale of Florida. 8. The Contractor shall file Insurance Certificates, as required, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City of Miami Beach Risk Manager. 9. All documents shall be executed satisfilctorily to said City and until Bonds and Insurance Certificates have been filed and approved, this Contract Agreement shall not be effective. 10. Owner shall pay Contractor for perfurmance of the Work in accordance with the Contract Documents in current funds at the lump sum or unit prices presented in the Bid, attached to this Agreement. The parties expressly agree that the Contract Price is a stipulated sum except with regard to the items in the Bid which are subject to unit prices. II. The Contract Documents which comprise the entire Agreement between City and Contractor are attached to this Agreement and made a part hereof. The Contract Documents may only be amended. modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the said City has caused this Agreement to be signed by the Mayor of the City of Miami Beach, Florida and its corporate seal to be affixed. attested by the City Clerk of the City of Miami Beach and the said Contractor has caused this Agreement to be signed it its name. CITY OF MIAMI BEACH By -i VIC( Mayor ATTEST: ~~ fmL City Clerk APPROVED AS TO FORM & LANGUAGE . FOR EXECUTION ~4iL This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Bond Number: Contractor Name: Owner Name: Project Number: St. Paul Fire & Marine Insurance Company 600 N. Westshore Blvd, Suite 400 Tampa, FL 33609 813-875-0808 400SF4811 Trident Surfacing, Inc. 5399 NW 161" Street Miami, FL 33014 305-620-4220 City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-674-1040 Bid No. 33-00/01 Project Description: Replacement of Wood Floors at Bass Museum of Art Project Address: 2100 Washington Ave., Miami Beach, FL Legal Description of Property: 2100 Washington Ave., Miami Beach, Miami-Dade County, FL This is thefrontpage ofthe bond. All other pages are subsequent regardless of the pre-printed numbers. PEro'ORMANCE BOND Bond #400SF4811 (ThLS bond meets and exceeds the requirements of Florida Stalutes Section 255.05) ST A. TE OF FLORIDA ) S$ COUNTY OF Kimp.-Dade KNOW ALL MEN BY THESE PRESENTS that we, TRIDENT SURFACING,. INC. _"___'_'_ as Principal, hereinafter called Contractor, and ST. PAUL FIRE & MARINE INSURANCE COMPANY as Surety, are firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City. in the P~'!laJ sum ofQnl" H.mdred..EiJzi: Thousand anI 00/100---Dollars ($**105.000.00', [or the payment of which sum well and truly to be made, we bind ()urselves, our heirs, executors. administrators, successors and assigns, jointly and severally, filil1ly by these presents WHEREAS, Contractor, on the _ day of ",,___' 19 ,_, entered into a certai n contract with the City, hereto attached, for BID 1'10.33-00101, Entitled, "Replacement of\Vood Floor at the Bas.. Musellm of Art" which Contract is made a pan hereof by reference thereto. NOW, THERIi:FORE. THE CONDITION OF nus OBLIGA nON IS SUCH, that, if the Contractor shall well and truly perform and fulfill all me undertakings, covenants, tenns, conditions and agreements of said Contract, and all duly authorized modifications of said Contracl thaI may hereafter be made, notice ofwbich modifications to the Sltrery being hereby . ' waIVed, then this obJi gation shall be void; otherwise to remain in full force and effect. WHENl!;VER the Principal shall be and is decJaJ'ed by the City to be in default under the Contract, or whenever the Contract has been terminated by default nfthe Contractor, the City having perfonned the City's obligations thereunder, the Surety shall; I. Complete the Contract in accordance with its tenTIS and condit;',)ns. or at the City's sole option. 8m NO: 28.00101 DA TF:: .~/.lQl(lt CITY OF II1IAM1 B!!:ACH 15 2. Obtain a Bid Or Bids for ,;ubmissian to the City for completing the Contract in accordance with Its terms and conditions, and upon determination by the City and the Surety of thelow<:st responsible Bidder, arrango:: for a Contract between such Bidde.r and the City, and make available as Work progresses (even though there should be a default or a succession of defaults under thc Contract or Contracts of completion arrangeu under this paragraph) sufficient funds to pay the cost of completion less the balance afthc Contract price; but not exceeding, including other costs and damages for whIch the Surety may be liable hereunder, the amowlt set forth in the fIrst paragraph hereof The term "balance of the Contract price" as used in this paragraph. shall mean the total amOtu1t payable by (he City to the Contractor under the Contract and any amendments therelO, less the amount properly paid by the City to the C onrractor. No right of suinn ~hall accrue on this Bond lo or for th~ use of any pe,"on or corporation other than lhe City nAmed herein or the successors or assignees thereof. The Surety shall and docs hereby agree to indemnify the City and hold it harmless of, from and against any and all liability , loss, cost, damage or e"lJense, including reasonable atlomey~ fees, engineering and architectural fees or other professional services which the City may incur or wh.ich may accrue or be imposed upon it by reason of any negligence, c.J.efault, act and/or omission on the pan of the ContracTOr. any Subcontractor and Contractor's or Subcontractors agents, servants and/or employees, ln, about or on account of the Construction of the work and performance of said Contract by the Contr'acto!. Thl, Bond shall remain in full force and effecr for such period or periods of time after the date of acceptance of the proJect by the City as are provided for in the Contract Documents. and the Conrrac.tor hereby guarantees to repair or replace for the said periods all work performed and materials Hnd equipment furnished, which were not performed or furnished a<.:corJin~ tn the terms ot'thc Contract Documents. If no specific periods of warranty are Slaled in the Contracl Document, for arlY partlcll!ar Irem .of work. material or equipment. the ConlraclOr hercby guarantces the ,amc i'or a ffilllimurn pel'lod of one (1) year from the date of final acceptance by the City of the entire proJect. Any suit on this bond m1J~t be in,tituted within such period or periods as may be provided by law. BID NO, 28.00/(\1 nAiE; 3/30101 CITY 01" MIAMI BEACH 16 !N WITNESS WHEREOF, the above bounded panies h~ve caused lhi" Bond to b<: e,~c"uted by their approprial~ officials (,[the __.__ day of , ____., 19_.._. WITNESS: PRINCIP AL: (If sole Proprietor or partnership) _ ~1L.. ---1I.JA.....__ (Fiml Name) BY N/A. NIA Title.: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) Attest: (~ - ~-J') (CORl'ORATE SEAL) COUNTERSIGNED BY RESiDENT l"LORlDA AGENT OF SURETY: Hic;;.:U4 Ii~ (Copy of Agent's current License liS issued by Stale ~ A / / ..P of f'IOl'ida Insur'lnee By: /J NJ::::...:::--- Commissioner Attorney-in-fae: I Michael A. Holmes SURETY: ST. PAUL FIRE & HARII!lE INSURANCE COMPANY (Power of Allorney nlusl be attached) BID NO: ~S-OO/OJ DA T[: 3/30/01 CITY OF MIAMI BEACH 17 Bond #400SF4811 LABOR AND MA TERI AL P AliMENT BOND (SECTION 255.05, FLORIDA STA"ftJTES) BY THIS BOND, We,_'(RIDENT SURFACING. INC. . as Principal, <ll1d ST. PAUL FIRE & MARINE .D!:STlllAl\1'ClLCOHl'ANI..-.__._ as corporation, as Surety, an: bound to the Cay uf Miami Beach. F1MIJa. :;s ubllgc,'. herein called City, in the sum (1fjr~**105.000.0Q;t*~*:t..~~;t*for the pa,rn"nt "l which we bind ourselves. our heirs. personal representatives. sue,'essc>rs and assigns. joinlly and :;everally. THE CONDI1"ION OF THIS BOND is that if Principal: Promplly makes payments to all claimants, as defined in Section 255.05 (1), f. S" supplying Principal with labor, materials. Or supplies, used directly or indirectly by Principal in the prosecution of the work provided [ur in the contract; and Pays City all tosses, damages. expenses. costs. and attorney's fees. rncluding appellate rn.lceediM\is. t1mt the Cily sustains in .nforccment of this "nnct. Performs the guarantee of all labor and materials furnished under the contract fc'r the tin1e specified 111 the contract. then this bond is void, otherwise It remains in full force. Any changes in or under thc contract documents and compliance or noncumpliance with any t<1rmalitics connecred with the contract or the changes docs not affect Surety's obligation under thJ.s bond. The provisiOn:> of Section 255.05, F. S., are specifically adopted by reference and made a pan hereof [or thc pll.1J1oses specified thcrein. The COiltr;,Cl dated f3t.)r~.J by rd't.:rt'.!1c.r..: _ between the City and Principaj is lIlatle a paIl ofl.his Cl"imiints at. edVlsed that Section 255.05, F. S., contains notice aod lioH' limitation provist'Jns wh,ich mU.,t be strictly complied with. IHD NO: 28-00101 DA TE: 3/30101 CITY OF MIAMI BEACH 19 IN WITNESS WHEREOF, the above boundetl parties have caused this Bond w be execuretI by their appropriare offici~l:; oflhe .___ day of __ _ _ 19_ _' WUNESS: PRINCIPAL: (if sole Proprietor or parlnership) . ._NLA ~IA (Firm Name) BY N/A N/A Title: (Sole Proprietor or Partner) PRINCtP AL (If Corp<:>rl1lion) S Attest: ( L4'3) (COlU'ORA.TE SEAL) COllNT'F.RSrC:\"F:D BY RI.:SlDENT FLORIO.... AGI\NT OF SURET....: SURETY: Michael A. Hol.D}ef fi~J A f..~ ST. PAIIL FUR & MARTNF. TlII!:TIllAlIIr.E COMPANY (Copy of Agcnt's current License as issued by State ~ 01 /.J II /J ofFloridalnSlll"anee BY:~ ~ COI:l1missioner Attorney-in-faet/Michael A. Holmes (power of Attorney must be attached) BID NO: 28.00/0 I p^ n:: '>1'>010 I CITY OF MIAMI BEACH 20 '" _"'J:l'!P\ l. 1'1"""'. ~ "'""~'"""';d'" ?,"" '",,^,' loA'i""'"' "~ l.~n~:Jaw. :WC:-~n ~ !~1~j~:; !U1F ~~~~Y~P~~l#S :MICHAEL ALLEN IO.M:S A122059 ".- nTL:uwmu L'LQJ5E~-OF mSU~)n~'.: Life & Health ,Gen. Lines (Prop. & Cas. Ins.) , AI' I SslEo:OOI09J91, 714233 ~~~~AN'~ :::\8~~.;C~P":RE - -'. 11IeStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20269 Certificate No. 622277 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that S1. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint G. W. Fitch, Gerald J. Arch and Michael A. Holmes Ft. Lauderdale Florida of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings req,uired or perrritted in any actions or proceedings allowed by law. *;;' ) '} "', i, , . . i 1st December IN WITNESS WHEREOF, the Companies have caused this instrum~O$~~ ~jgn~\~,.'ltsea~ed)tb!\' day of ,4. r ''% ~ \0 ? Seaboard Surety Company"" tis' , '\ \,ontt~d States Fidelity and Guaranty Company St. Paul Fire and Marine InsuI~rt::ompanf >> Fidelity and Guaranty Insurance Company St. Paul Guardian [nsurancl, CDihP!!~ ,*',' Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance to~ \ .<< f' , ,. , 4 1999 &> ,.. :~~ . ~e.r1~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary I st December 1999 On this day of , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, S1. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. [n Witness Whereof, I hereunto set my hand and official seal. ~,t~.~ My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7,2000 Printed in U.S,A. TheStRlul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20269 Certificate No. 622277 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that $1. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint G. W. Fitch, Gerald J. Arch and Michael A. Holmes Ft. Lauderdale Florida of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings re~(i4'ed or Ja~itted in any actions or proceedings allowed by law. ~.' , a ~ " ' ~Ist December IN WITNESS WHEREOF, the Companies have caused this instrument.~ ~~ ~lg,\e~ aiI\!t'sea!editbia day of ,+ Vi * j ,"Vi' t Seaboard Surety Company 4: '\ :. "'1 q . '4 1 ~~~e:. States Fidelity and Guaranty Company St. Paul Fire and Marine InsUraric!"'Comf:'bJ-:. . "' '% ~ Fidelity and Guaranty Insurance Company St. Paul Guardian Insuranc_ CDhIpa~~ ':/ +. t Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Co~ \ \. '%'..' } , 1999 * €) t- :~~ ~e.r/~ State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary I st December 1999 On this day of , before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. ~t~.~lA. REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. CERTIFICATES AS TO CORPORATE PRINCIPAL 1,.:]1"" ~J.. "" . certit} that I am the Secretary of the Corporation named as I'rincipai in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that 1 know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. LX'v\Ar. ~rG......-,"^'orporate ~" Seal STATE OF FLORIDA) 55 COUNTY OF~tLt4- "> Hefore me, a Notary t>ublic, duly commissioned. qualified and acting, personally appeared J; ^1 H fiN.6 icf.lto me well known, ,,:ho being by me first duly sworn upon oath, says that he is the Attorney,in-Fact, fur the Cotef20..eR f1O~ and that he has been authorized by 77:2/ ~/\Jf ~~U.er-:ACi~~lfutegOing bond on be lfofthe Contractor named therein in mvor of the City of Miami lkach, Fiorida. Cf/"'l_ Subscribed and sworn before me t s ftif day of / /'). (Attach Power of Attorney) 20 0 A.D. A:~lf G)'~ Sandra S. Fernandez 1<0: dI'U MY COMMISSION # DIlOOlI8O ElIPIRB ,. March 10. 200S Rf.~ 6ONDl:OlHRUTIOVFA,"lNSUIAMCtlMC. Notary Publ ic State of Florida-at-Large My Commission Expires: .8 -/ D - At72J,;5 TO: City of Miami Beach 1700 Convetion Center DRive Miami Beach, FI. 33139 DATE: 5/3010 '}J)O l ~ ~ (/J . COMPOSITION FLOOFiS & DECKS . RACQUETBALL COURTS . ATHLETIC SURFACES . RESILIENT SURFACES . WOOD FLOORS . WATERPROOFING SYSTEMS ~~~ ~ TRIDENT Sl..IFF.AOING. 11"oJO. JOB: Bass Museum II 31-1646 ATTN: Mr. Gus Lopez IZI- We are forwarding via DPidwp Du.s. Mail DFederaI Expreso 181 Hand DeI~ DFAX - Phone Number. Dunder __ CCMlI' the IClIlowing: QUANTITY DESCRIPTION 2 ea. Executed contracts _~ \ 7 ~ 6~ I ~~ These are sent for the pulJlOSe checked beIoN: 181 181 D D D o "'" requested. ApprovaI- Please return 1 appI'O'o'ed or """.,clod. Bidding - Please forNard your price by _' For your files. For field use, FOIWllId to job superintendent. For: CUllin .ems: i#~ ,/ Ron Stevens, Project Manager 5399 N.W. 1610t STREET. MIAMI, FLORIDA 33014 . PHONE: (305) 620-4220 . FAX: (305) 620-9311 A Lotspeich Company a --.. TRIDENT SURFACING, INC. . Brown & Brown, Inc. 5900 N. Andrews Avenue, Suite 300 (Zip: 33309) P.O. Box 5727 Fort Lauderdale, FL 33310,5727 954/776-2222 . FAX 954/772-7542 Statewide I-BOO /339-0259 May 25, 2001 Trident Surfacing, Inc. Attn: Ron Stevens 5399 NW 161st Street Miami, FL 33014 RE: City of Miami Beach, Replacement of Wood Floors at Bass Museum of Art, $105,000.00 Dear Ron: Enclosed please find the Performance & Payment bond for the above captioned project, per your request. Also enclosed is a "Duplicate Original" for recording with the appropriate clerk of courts. Please forward a copy of the complete contract at your earliest convenience. Since the contract is not yet dated, we did not date the bonds or powers of attorney. We hereby authorize either you or the obligee to insert the dates on both the bonds and the powers of attorney once the contract is dated. You can date the bonds and powers the same date as the contract if you'd like. Should you have any questions in this regard, please do not hesitate to contact either Michael A. Holmes or me at 1-800-339-0259. Thank you for choosing Brown & Brown for your Surety Bonding needs. Sincerely, ~ oanne Mursell, CPCU, ARM Surety Division MEMBER OF NATIONAL ASSOCIATION OF SURETY BOND PRODUCERS Brown & Brown, Inc. 5900 N. Andrews Avenue, Suite 300 (Zip: 33309) P.O. Box 5727 Fort Lauderdale, FL 33310,5727 954/776,2222 . FAX 954/772,7542 Statewide 1,800/339"()259 REMINDER NOTICE FLORIDA STATUTE 255.05(1)(A) REQUIRES ALL CONTRACTORS FURNISHING PERFORMANCE AND PAYMENT BONDS ON PUBLIC WORK TO RECORD THE BONDS. THE ATTACHED "DUPLICATE ORIGINAL" BOND IS ENCLOSED FOR RECORDING PURPOSES. PLEASE HAVE THE ATTACHED BOND RECORDED WITH THE CLERK OF COURT IN THE COUNTY OF PROJECT LOCATION, AND RETURN A PHOTOCOPY OF THE RECORDED BOND (INCLUDING BOOK AND PAGE NUMBER) TO OUR OFFICE. FAILURE TO RECORD THE PAYMENT BOND MAY CAUSE FLORIDA COURTS TO RULE THAT THE BOND BECOMES A "COMMON LAW BOND" REMOVING IMPORTANT DEFENSES FROM THE CONTRACTOR AND IT'S SURETY. PLEASE DO NOT HESITATE TO CONTACT OUR OFFICE SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE. MEMBER OF NATIONAL ASSOCIATION OF SURETY BOND PRODUCERS