Exhibit 6 Performance BondExhibit 6
Performance Bond
00710 FORM OF PERFORMANCE BOND
Bond No. 929436031
BY THIS BOND, We "1i ami Skyline Construction Corp. as
Principal, hereinafter called CONTRACTOR, and Western Surety Company as
Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called
CITY, in the amount of an initial One Million Dollars ($1,000,000) for VERTICAL
CITYWIDE and an initial One Million Dollars ($1,000,000.00) HORIZONTAL ROW 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.: ,awarded the day of , 20
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";
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THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of Job
Order Contract I~ - 7 ertical o str cti nthe Contract being made a
part of this Bonn by re a ence, at a Imes and in th°e 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 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 Contract Price; but not exceeding,
including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract Price," as used in this paragraph, shall mean the
total amount payable by CITY to CONTRACTOR under the Contract and
any amendments thereto, less the amount properly paid by CITY to
CONTRACTOR.
4. No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
5. The Surety hereby waives notice 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 obligation
under this Bond.
Signed and sealed this day of , 20
WITNESSES:
r'
--`' (Secretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
Miami Skyline Construction Corp.
Name of~,~Corp~r tion)
(Signature and Title)
(Type Name/Title Signett'Above)
day of , 20
INSURANCE COMPANY
Western ray mpany
By ~ ~~, -=
Agent and Attorney-in-Fact
Shawn A. Burton
2405 Lucien Way
(Address: Street)
Maitland, FL 32751
(City/State/Zip)
Telephone No.: 877-276-7511
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Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Miami Skyline Construction Corp.
705 NE 130th Street, North Miami, FL 33161
as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company
1051 Winderley Place, #105 , Maitland, FL 32751
a corporation duly organized under the laws of the State of Massachusetts
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach, 1700
Convention Center Dr., Miami Beach, FL 33139
as Obligee, hereinafter call the Obligee, in the sum of Twenty Five Thousand And No/100 Dollars
($25,000.00)
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the said Principal has submitted a bid for Job Order Contract; ITB NO. 35-06/07
Vertical Citywide (Vertical Construction Only).
NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a
Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance
of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or
in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
Signed and sealed June 22, 2007.
Witnesses:
~,. ,/ ~ s
Miami Sk link-ions uction Cor _
/S~ai:
Liberty Mutual Insurance Comoan
(Seal)
Bv:
Shawn'A. Burton ,Attorney-In-Fact and
Florida Resident Agent
20~L551
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
GERALD J. ARCH, MICHAEL A. HOLMES, ALL OF THE CITY OF FT. LAUDERDALE, STATE OF FLORIDA ......................
...............................................................................................................................................................................................
...............................................................................................................................................................................................
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100******************** DOLLARS ($ 50,000 000.00***** )each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
fl- as binding as if signed by the president and attested by the secretary.
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~ y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
~ ~ Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
.: ~ authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
~ deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
~ ~
3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
~ j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal 01
~ ~ Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 20th day of November
~tn LIBERTY MUTUAL INSURANCE COMPANY
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C BY L~-- ~ %/ S~i~
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~ ~~ ~ Garnet W. Elliott, Assistant Secretary
CnMMONWEALTH OF PENNSYLVANIA ss '~"'~
;OUNTY OF MONTGOMERY
On this 20th day of November 2006 ,before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH~43~~~~~ -unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
first above written ~~~ ~~~~ ~~ °
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CERTIFICATE ~ - ~,~_`
I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 22nd day of
June 2007 .
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ti,,~ David M. Carey, Ass'.. rit Secretary
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BROWN $c BROWN BONDS
CONSTRUCTION BONDS AND INSURANC
Gerald J. Arch, cPCU, cic
Michael A. Holmes, ARM, cic
G.W. "Topper" Fitch
James Murphy
Shawn Burton
Michael Bonet
5900 North Andrews Avenue Carmen Pillot
Suite 300 Joanne Mursell
Fort Lauderdale, FL 33309-2366 Caesare D. Morena
Broward: (954) 776-2222 Alonzo Mohammec
Fax Number: (954) 772-7542
Statewide: (800) 339-0259
Member: National Association of Surety Bond Producer;