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M.Vila & Associates - Exhibit 6 Performace Bond EXHIBIT 6 PERFORMANCE BOND • ALTER SURETY GROUP INC Bond Department Public Works Bond in compliance with Florida Statute Chapter 255.05 Bond Number 5085726 • Contractor M. Vila & Associates, Inc. Address & 12097 N.W. 98 Avenue Phone No. Hialeah Gardens, FL 33016 305 -821 -1226 Surety SureTec Insurance Company Address & 952 Echo Lane, Suite 450 Phone No. Houston, TX 77024 713 -812 -0800 - Owner Name City of Miami Beach Address & 1700 Convention Center Drive Phone No. Miami Beach, FL 33139 305- 673 -7490 Contract/Project Number ITB No. 37 -09/10 • Project Name Job Order Contract, Streetscape Utilities • Project Location Various locations, City of Miami Beach Legal Description Same as above And Street Address Description of Work Various work orders This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the minimum requirements of the application statute shall be deemed deleted herefrom. This bond is a statutory bond, not a common law bond. This is the front page of the bond. All other page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre- printed thereon. • J • Project Manual Form of Performance Bond 00914 FORM OF PERFORMANCE BOND • Bond Number 5085726 M. Vila & Associates, Inc. BY THIS BOND, We 12097 NW 98th Avenue, Hialeah Gardens, FL 33016 as Principal, hereinafter called CONTRACTOR, and SureTec Insurance Company as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of an initial One Iviillion Dollars ($1,000,000) for Streetscape Utilities, for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, ITB No.: 37- 09/10 - , awarded the 27th day of October 20 10 with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract "; THE•.CONDITION OF THIS BOND is that if CONTRACTOR: 1. Performs the Contract between CONTRACTOR and CITY for construction of Job Order Contract lTB 37-09/10 the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, Liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract ; and 3. Performs the guarantee of all work and materials furnished' under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession July 2010 City of Miami Beach Page 162 of 185 • Project Manual Form of Performance Bond • of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Job Order Amount; but not exceeding, including other costs and 'damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Job Order Amount, as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this bond to or for the use of any person or corporat ion of her than CITY named herein. The Surety hereby waives not ice of and agrees that 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 obli at ion under t his Bond. The term of this bond begins November 18, Y g 2010 and end November 17, 2011. Failure of Surety to provide renewal bond shall not cause a default during the term of the a reement. Signed and sealed this 18th day of November , 20 10 WITNESSES: `�/ y M. Vila & Associates, Inc. Name of • ' n • • Y C� `'� By (Secre (ary) (Signature and Title) (CORPORATE SEAL) /q/6906 1 (Type Ntame/Title Signed Above) 1 day of Abint,i, 20 /0. IN THE PRESENCE OF: INSU , ANCE COMPANY Sur ec Ins ranee C pang'` • BY A`- Agent and Attorney-in-Fact Warren M. Alter 952 Echo Lane, Suite 450 (Address: Street) Houston, TX 77024 (City /State /Zip) Telephone No.: 713- 812 -0800 July 2010 City of Miami Beach Page 163 of 185 Project Manual Form of Performance Bond • July 2010 City of Miami Beach Page 164 of 185 POA 910043 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Warren M. Alter, David T. Satine its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. Said appointment shall continue in force until 9/30/2012 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2O' of April. 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. u:Mw, SURETEC INS CE COMPANY M ostti t • w �, B.J. Ki , resident ..1 ; z; State of Texas ss: � •_ 4 N r County of Harris ... On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. .s Michelle Denny Notary Public State of Texas (k t h l " Expires August 27, 2011 t v Michelle Denny, Notary P 1ic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 18th day of November L0 10 , A.D. � .1a 4 M. Brent 1 eaty, Assis ant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST.