HomeMy WebLinkAbout2005-194c V '
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS .
BY THIS BOND , we --- ---- ---- - - - - _ Peter R . Brown Construction , Inc . , 13830 58th St N . ,
as Principal ( Contractor) Clearwater , FL 33760 , 727 - 535 -6407 Ste . 401
( Insert name , principal business address , and telephone number of Principal/Contractor)
and Safeco Insurance Company of America , Safeco Plaza ,
Seattle , WA 98185 , 206- 545- 5000a Washington
corporation ,
2s Surety ,
( Insert name , principal business , and telephone number of Surety )
are held and firmly bound unto the County of Indian River , Florida , 1840 20th Street , Vero
Beach , Florida 32960 , ( 772- 567-8000 ), in the sum of Eighteen Million Three Hundred One Thousand -
Six Hundred Thirty One Dollars ( $ 18 ,301 ,631 .09 , amounting to 100 % of the Cost of the Work , as
such torm is defined in the Contract , but exclu3ive of the cost of the required payment and
performance bonds . For the payment of said sum we bind ourselves , our heirs , executors ,
administrators and assigns , jointly and severally , for the faithful performance of a certain
written Contract , dated the 7th day of June , 2005
entered into between the Principal and the County of Indian River , for :
64
Bond Number : 6382758 THIS D
THIS DOCUMENT HAS BEEN RECORDED
IN THE PUBLIC RECORDS OF
Project Name : County Jail Building Expansion INDIAN RIVER COUNTY FL
County Project Number: RFQ # 7042 BK : 1993 PG : 1307 , Pagel of 7
02/10/2006 at 10 : 01 AM ,
Project Address : 4055 41St Street , Vero Beach , Florida ,JEFFREY K BARTON , CLERK OF
COURT
A copy of the Contract is incorporated herein by reference and is made a part hereof as
fully copied herein .
NOW , THEREFORE , THE CONDITIONS OF THIS UBLIVAI ION ARE SUCH , that if the
Principal shall in all respects perform the Contract and its obligations thereunder , at the
times and in the manner prescribed in the Contract; and perform the guarantee of all work
and materials furnishpii itnriar tha Contract for the time specified in the Contract ; shall
indemnify and save harmless the County of Indian River against and from all from
liabilities , damages , losses and costs , including , but not limited to , reasonable attorney's
fees , to the extent caused by the negligence , recklessness , or intentional wrongful
misconduct of the Principal , its agents and employees In the pertormance of the Contract ,
then this obligation shall be null and void ; otherwise , the Principal and Surety, jointly and
severally , agree to pay the County of Indian River and difference between the sum that the
County of Indian River may ha nhliged to pay for the completion of the Work , by contract
or otherwise . The 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 to the Drawings or Specifications applicable thereto , shall in any
way affect its obligations on this Bond , and it does hereby waive notice of any such
change , extension of time , alteration or addition to the terms of the Contract or to the Work
or to the Drawings or Specifications applicable thereto . Principal and Surety expressly
acknowledge that any and all provisions relating to liquidated damages contained in the
Contract are expressly covered by and made a part of this Bond . Principal and Surety
acknowledge that any such provisions lie within their obligations and within the policy
coverages and limitations of this Bond .
The Principal and Surety jointly and severally covenant and agree that this Bond will
remain in full force and effect for a period of one year commencing on the date of Final
Completion as established in the Certificate of Final Completion as issued by the County of
Indian River.
Florida Statutes Section 255 . 05 ( 2005 ) , as amended from time to time , together with all
notice and time provisions contained in subsection (2 ) of Florida Statutes Section 255 . 05 ,
is incorporated herein in its entirety by this reference .
IN WITNESS WHEREOF , the above bound parties executed this instrument under their
several seals , this7thday of February 2006 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 .
WHEN THE PRINCIPAL IS A CORPORATION :
A st:
Peter R . Brown Cons tr
Secretary Name of C r ` n
BY .
(Affix or e 'AL }
Eduardo M . Vargas f
• r ,
Printed Nam y
Executive Vice President "
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
I Darlene Hunt , certify that I am the Secretary of the corporation named
as Principal in the within bond ; that Eduardo M . Vargas who
signed the said bond on behalf of the Principal was then Executive Vice President
of said corporation : that I know his signature , and his signature thereto is
genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of
,t1t . ' : 4
StOid;�orporation by authority of its go emin bod .
41
4N 0
Secretary
TO BE EXECUTED BY CORPORATE SURETY :
Attest:
Safeco Insurance Company of America
Secr ary Corporate Surety
Seattle Plaza $ eattle , WA 98185
Business Address
B
(Affix Corporate SEAL
Sara F . Hook, , ;
Attomey- In - Fact and Florida
Licensed Resident Agent
Lassiter-Ware Insurance
Name of Local Agency
5600 Mariner St . , #215 , Tampa , FL 33609
Business Address
STATE OF FLORIDA
COUNTY OF Hillsborough
Before me , a Notary Public , duly commissioned, qualified and acting , personally appeared
Sara F . Hook , to me wsll known , who hPing by me first duly sworn
upon oath , says that he is the attorney-in -fact for the Safeco Insurance Company of America
and that he has been authorized by Safeco Insurance Company of America to execute the
foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of
Indian River, Florida . Subscribed and sworn to before me this 7th day of
February 2006
�Afr , , 4
( -X*f
T . C . BrownNOtary Public , State of
Florida
LA
My Commission Expires : January 10 , 2012 � TC, BROWN
t Notary Public, State of Florida
IUiy cnnlm expires Jan. 10. 2012
i10 004753 -15
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS : Peter R . Brown Construction , Inc . , 13830 58th St N . , Ste . 401
BY THIS BOND , we Clearwater, FL 33760 , 727-535-6407
------- --- --- --- -- --- ----- , as Principal (Contractor) ( Insert name , principal business address ,
and telephone number of Principal/Contractor)
and Safeco Insurance Company of America , Safeco Plaza ,
Seattle , WA 98185 , 206- 545 -5000
a corporation ,
as Surety, ( Insert name , principal business address , and telephone number of Surety )
are held and firmly bound unto the County of Indian River , Florida , 1840 25'h Street , Vero
Beach , Florida 32960 , ( 772 ) 567-8000 , in the sum of Eighteen Million Three Hundred One Thousand -
ix HuMred Thirtyne
Dollars ($ 18,301 ,631 .09 , amounting to 100% of the Cost of the Work , as such term is defined
in the Contract , but exclusive of the cost of the required payment and performance bonds
. For the payment of said sum we bind ourselves , our heirs , executors , administrators and
assigns , jointly and severally , for the faithful performance of a certain written Contract ,
dated the 7th day of June , 2005 entered into between the
Principal and the County of Indian River, for:
Bond Number : 6382758
Project Name : County Jail Building Expansion ,
County Project Number: RFQ # 7042
Project Address : 4055 415` Street , Vero Beach , Florida
A copy of said Contract is incorporated herein by reference and is made a part hPrPnf ns if
fully copied herein .
NOW , THEREFORE . THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, if the
Principal shall promptly make payments 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 :
1 . A claimant, as defined in Florida Statutes Section 255 . 05( 1 ) , is any person
supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal
in the prosecution of the Work nrnvidptl for in the C:nntract .
2 . Florida Statutes Section 255 . 05 ( 2005 ) , as amended from time to time ,
together with all notice and time provisions contained in subsection (2 ) of Florida Statutes
Section 255 . 05 , is incorporated herein In Its entirety by this reference .
The Surety , for value received , hereby stipulates and agrees that no change , extension of
time . increase in Contract price , altPratinn of nr addition to the terms of the Contract or to
the Work to be performed thereunder or to the Drawings or 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 addltiorj Lu the terms or the
Contract , or to the Work or to the Specifications or to the Drawings .
The Principal and Surety jointly and severally covenant and agree that this Band will
remain in full force and effect for a period of one year commencing on the date of Final
Completion as established on the Certificate of Final Completion as issued by the County
of India River.
The Principal and Surety jointly and severally , agree to pay the County of Indian River all
losses , damages , expenses , costs , and attorney' s fees , including appellate proceedings ,
that the Corinty of Indian River sustains because of a default by the Principal under the
Contract .
IN WITNESS WHEREOF , the above bound parties executed this instrument under their
several seals , this7thday of February , 2006 , 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 .
■ rrr � rrrrr � rrrru ■ rrrrrrrrrrrrrrrrrrrrrrrrrr � r � � � rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr ■
WHEN THE PRINCIPAL IS A CORPORATION :
Attest •
Peter R . Brown Construction , Inc .
Secre'iry Name of Corporation
Ar Affrx :6rpor.fe -SEAL }
P„
BY :
EduarcYo M . Vargas
Printed dme
Executive Vice resident
Official Title
CERTIFICATE AS TO CORPORATE PRINCIPAL
Darlene Hunt , certify that I am the Secretary of the corporation named
as Principal in the within bond ; that .-______Eduardo M . _ V_argas who
signed the said bond on behalf of the Principal was then Executive Vice President
of said corporation : that I know his signature , and his . signature thereto is genuine ;
and that said Bond was duly signed , sealed and attested f6f ` 4M -on behalf of Said
corporation by a tho ' of its gove Hing body. &
r
Secre dry . ;' SEAL)
r � r
TO BE EXECUTED BY CORPORATE SURETY :
Attest : erz (�
Safeco insurance Company of America
Secretary Corporate Surety
(Affix Corporate SEAL )
Seattle Plaza *Seattle , WA 98185
Business Address
BY: ,.
Sara F . Hook ,
Attorney- In -Fact and Florida
Licensed Resident Agent
Lassiter-Ware Insurance
Name of Local Agency
5600 Mariner St . , #215 , Tampa , FL 33609
Business Address
STATE OF FLORIDA
COUNTY OF Hillsborough
Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared
Sara F . Hook , to me well known , who being by me first duly sw4m
upon oath , says that he is the attomey-in-fact for the Safeco Insurance Company of America
and that he has been authorized by Safeco Insurance Company o merlcgo
execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the
County of Indian River, Florida . Subscribed and sworn to before me this 7tWay of
February , 2000 .
T . C . Brown ,
Notary Puhlir. , Statp of Florida
My Commission Expires: January 10 , 2012
"1
v A� ,. C. BROWN
i� Notary Public, State of Florida
My comm expires Jan. 10. 2012
'10 475315 p
1 �
POWER Safeco Insurance Companies
OF ATTORNEY PO Box 34526
Seattle , WA 98124- 1526
12640
KNOW ALL BY -THESE PRESENTS : No .
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation , does each hereby appoint
****************************SARA F . HOOK; PAT E . WHITE; Tampa ,
its true and lawful attorney(s)- in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other
documents of a similar character issued in the course of its business , and to bind the respective company thereby .
IN WITNESS WHEREOF , SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
9th January 2006
this day of
1
STEPHANIE DI SECRETARY MIKE PETERS , PRESIDENT SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA :
"Article V , Section 13 . - FIDELITY AND SURETY BONDS . . . the President , any Vice President, the Secretary , and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations , shall each have authority to appoint individuals
as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds
and
other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing
such appointment , the signatures may be affixed by facsimile . On any instrument conferring such authority or on
any bond or
undertaking of the company , the seal , or a facsimile thereof, may be impressed or affixed or in any other manner
reproduced ;
provided , however , that the seal shall not be necessary to the validity of any such instrument or undertaking . "
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970 .
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i ) The provisions of Article V, Section 13 of the By- Laws , and
(ii ) A copy of the power-of-attorney appointment , executed pursuant thereto , and
(iii ) Certifying that said power-of-attorney appointment is in full force and effect ,
the signature of the certifying officer may be by facsimile , and the seal of the Company may be a facsimile thereof. "
1 , Stephanie Daley-Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations , and of a Power of Attorney issued pursuant thereto , are true and correct, and that both the By-Laws , the Resolution
and the Power of Attorney are still in full force and effect .
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the facsimile seal of said corporation
this day of off'
�. Comm
.�
SEALSEAL ' 4q
14el ,
��hi wtia� y� COf � STEPHANIE DALEY-WATSON, SECRETARY
Safeco® and the Safeco logo are registered trademarks of Safeco Corporation :
S-0974/DS 4/05 WEB PDF