HomeMy Public PortalAbout2018 Performance BondProject Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
Bond Number:
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA)
ss
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, that AUM Construction, Inc.
as
Principal, hereinafter called Contractor, and Contractors Bonding & Insurance Company as
Surety, hereinafter called Surety, are held and firmly bound unto the Village of Key
Biscayne , as Obligee, hereinafter called Owner, in the amount Three Hundred Forty Three
Thousand Nine Hundred Ninety Nine & 99/100 of Dollars ($ 343,999.99 ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, contractor has by written agreement dated April 10th 20 18
, entered into a Contract with Owner for:
FERNWOOD ROAD LIGHTING IMPROVEMENTS
Village of Key Biscayne, Florida
in accordance with Drawings and Specifications prepared by EAC Consulting, Inc.
which Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the
Principal shall in all respects promptly and faithfully perform and comply with the terms
and conditions of said Contract and his obligations thereunder and shall indemnify the
Owner and the Consulting Engineer and save either or all of them harmless against and
from all costs, expenses and damages arising from the performance of said Contract or
the repair of any work thereunder, then this obligation
00610- 1
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
shall be void; otherwise, this Bond shall remain in full force and effect, in accordance
with the following terms and conditions:
A. The Principal and Surety jointly and severally agree to pay the Owner any
difference between the sum to which the said Principal would be entitled
on the completion of the Contract, and that sum which the Owner may
be obliged to pay for the completion of said work by Contract or
otherwise, and any damages, direct or indirect or consequential, which
the said Owner may sustain on account of such work, or on account of
the failure of said Contractor to properly and in all things, keep and
execute all of the provision of said Contract.
B. And this Bond shall remain in full force and effect for a period of one (1)
year from the date of acceptance of the project by the Owner and shall
provide that the Contractor guarantees to repair or replace for said
period of one (1) year all work performed and materials and equipment
furnished that were not performed or furnished according to the terms of
the Contract, and shall make good, defects thereof which have become
apparent before the expiration of said period of one (1) year. If any part
of the project, in the judgment of the Owner, for the reasons above stated
needs to be replaced, repaired or made good during that time, the
Owner shall so notify the Contractor in writing. If the Contractor refuses or
neglects to do such work within five (5) days from the date of service of
such Notice, the Owner shall have the work done by others and the cost
thereof shall be paid by the Contractor or his Surety.
C. And the said Surety, for value received hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the
Contract or to the work to be performed thereunder or the specifications
accompanying the same shall in any way affect its obligations on this
bond, and it does hereby waive Notice of any change, extension of time,
alteration or addition to the terms of the Contract or to the work or to the
Specifications.
D. The surety represents and warrants to the Owner that they have a Best's
Key Rating Guide General Policyholder's Rating of " A+ " and
Financial Category of "Class XI
00510- 2
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 15th day of May 20 18 , A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required).
(If Corporation, Secretary Only will attest and affix seal).
WITNESSES:
WITNESSES:
oCU/140141g/
00610- 3
PRINCI
Signa Authorized Officer
(Affix Sea!)
Title
8950 NW 119th St.
Business Addresses
Hialeah Gardens, FL 33018
City, State & Zip Code
SURETY:
Corporate Surety
Tina Shannon, Attorney -in -Fact
Title
1314 E. Atlantic Blvd.
Business Address
Pompano Beach, FL 33060
City, State & Zip Code
Frank H. Furman, Inc.
Name of Local Insurance Agency
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, 0131/416 1--k• certify that I am the Secret ry of the 1
Corporation names as Principal in the within Bond; that -I-`� y,(t�?, p {`1 C O i2 l l b
who signed the said bond on behalf of the Principal, was the t'I`e s1 IA -A
of said Corporation; that I 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.
STATE OF FLORIDA)
SS
COUNTY OF
Secretary(
rporat Seal)
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Tina Shannon
to me well known, who being by me
first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has
been authorized by to execute the foregoing bond
on behalf of the Contractor named therein in favor of the Village of Key Biscayne,
Florida.
Sworn and subscribed to before me this 15th d y of May 20 18 A.D.
Notary P I - ate of Florida at Large
(Attach Power of Attorney)
00610- 4
My Commission Expires: May 1 1, 2020
END OF SECTION
SANDRA J LARUE
* Commi1119n # PP 991727
= My Commission Expires
,,, , �`'�� May 1 1 , 2020
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
Bond Number:
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA)
ss
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, that AUM Construction, Inc. as Principal,
hereinafter called Contractor, and Contractors Bonding & Insurance Company as Surety,
hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne,
as Obligee, hereinafter called Owner, in the amount of Three Hundred Forty Three Thousand
Nine Hundred Ninety Nine & 99/100 Dollars ($ 343,999,99 ) for
the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated April 10th
20 18 , entered into a Contract with Owner for:
FERNWOOD ROAD LIGHTING IMPROVEMENTS
Village of Key Biscayne, Florida
in accordance with Drawings and Specifications prepared by EAC Consulting, Inc.
which Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal
shall promptly make payment to all claimants, as herein below defined, then this
obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject
to the following terms and conditions:
A. A claimant is defined as any person supplying the Principal with labor, material
and supplies, used directly or indirectly by the said Principal or any subcontractor
in the prosecution of the work provided for in said Contract, and is further
defined in Section 255.05(1) of the Florida Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with
the Owner that every claimant as herein defined, who has not been paid in full
00620- 1
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
before the expiration of a period of ninety (90) days after performance of the
labor or after complete delivery of materials and supplies by such claimant, may
sue on this Bond for the use of such claimant, prosecute the suit to final judgment
for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses
of any such suit.
C. No suit or action shall be commenced hereunder by any claimant.
1. Unless claimant, other than one having a direct contract with the
Principal, shall within forty five (45) days after beginning to furnish labor,
materials or supplies for the prosecution of the work, furnish the Principal
with a notice that he intends to look to this bond for protection.
2. Unless claimant, other than one having a direct contract with the
Principal, shall within ninety (90) days after such claimant's performance of
the labor or complete delivery of materials and supplies, deliver to the
Principal written notice of the performance of such labor or delivery of
such material and supplies and the nonpayment therefore.
3. After the expiration of one (1) year from the performance of the labor or
completion of delivery of the materials and supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by any
law controlling the construction hereof such limitations shall be deemed
to be amended so as to be equal to the minimum period of limitation
permitted by such law.
4. Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district in
which the project, or any part thereof, is situated, and not elsewhere.
D. The Principal and the Surety jointly and severally, shall repay the Owner any sum
which the Owner may be compelled to pay because of any lien for labor or
materials furnished for any work included in or provided by said Contract.
E. The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration of or addition to the terms of the Contract or to the
work to be performed thereunder or the Specifications applicable thereto shall in
any way affect its obligations on this Bond, and the Surety hereby waives notice
of any such change, extension of time, alterations of or addition to the terms of
the Contract, or to the work or to the Specifications.
00620- 2
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
F. The Surety represents and warrants to the Owner that they have a Best's Key
Rating Guide General Policyholder's rating of " A+ " and Financial
Category of "Class xi
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 15th day of May 20 18 , A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required).
(If Corporation, Secretary Only will attest and affix seal).
WITNESSES: PRINC AL:
WI NESSES:
idilaq
00620- 3
Title
Sig a+j S horized Officer
(Affix Seal)
illS1Q Qy��
8950 NW 119th St.
Business Addresses
Hialeah Gardens, FL 33018
City, State & Zip Code
SURETY:
.i
C rporate urety
Tina Shannon, Attorney -in -Fact
Title
1314 E. Atlantic Blvd.
Business Address
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
Pompano Beach, FL 33060
City, State & Zip Code
Frank H. Furman, Inc.
Name of Local Insurance Agency
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, UA IJ1 • A g -AC -4 (-- certify that I am he S cret ry of the
Corporation names as Principal in the within Bond; that P C v C.- �P-C 1
who signed the said bond on behalf of the Principal, was the t`12.
of said Corporation; that I 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.
STATE OF FLORIDA)
ss
COUNTY OF
Secreta orporote Seal)
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Tina Shannon
to me well known, who being by me
first duly sworn upon oath, says that he is the Attorney in Fact, for the and that he has
been authorized by to execute the foregoing bond
on behalf of the Contractor named therein in favor of the Village of Key Biscayne,
Florida.
Sworn and subscribed to before me this 15th day of M 20 18 A.D.
(Attach Power of Attorney) it -a 4.
Notary Pu li - S to of Florida at Large
My Commission Expires: May 1 1, 2020
END OF SECTION
00620- 4
747,. SANDRA J LARUE
*'; Commission # FF 991 727
swill i� My Commission Expires
May 1 1 , 2020
RLI® chic
•m RU Company
9025 N. Lindbergh Dr. 1 Peoria, IL 61615
Phone: (800)645-24021 Fax: (309)689-2036
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and
Insurance Company, required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each
authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint:
Dirk D. DeJong, Dora Villavicencio, Tina Shannon, Janet P. Colandrea, jointly or severally
in the City of Pompano Beach , State of Florida , as Attorney in Fact, with full power and authority hereby
conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds,
undertakings, and recognizances in an amount not to exceed Ten Million Dollars
( $10,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had
been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the
corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by
such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant
Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or
undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies,
undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate
seal may be printed by facsimile or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 3Qth day of August, 2017.
State of Illinois
County of Peoria
•n.
=6 , SEAL t20
} SS kuNWS
•`�;0
$`g• 000 "4,•,....s‘.
SEAL
NIL CINoxso`
On this 30th day of August 2017
before me, a Notary Public, personally appeared Barton W. Davis
who being by me duly sworn, acknowledged that he signed the above Power
of Attorney as the aforesaid officer of the RLI Insurance Company and/or
Contractors Bonding and Insurance Company, and acknowledged said
instrument to be the voluntary act and deed of said corporation.
Gretchen L. Johnigk
GRETCHEN L JOHNIGK
NUTARY
PUBLIC , 'OFFICIAL SEAL"
srn o�F', My Commission Expires
May 20, 2020
RIA Insurance Company
Contractors Bonding and Insurance Company
Barton W. Davis
Vice President
day of
an Ip �
CERTIFICATE
I, the undersigned officer of RLI Insurance Company, and/or
Contractors Bonding and Insurance Company, each Illinois
corporations, do hereby certify that the attached Power of Attorney is
in full force and effect and is irrevocable; and furthermore, that the
Resolution of the Company as set forth in the Power of Attomey, is
now in force. In testimony whereof, I have hereunto set my hand and
the seal of the RLI Insurance Company and/or Contractors
Bonding and Insurance Company this
RLI Insurance Company
Contractors on iii and I , Company
W .
Barton W. Davis Vice President
0975207020212
A0059115