Perf Bond/Fire Sprinkler Contr.
PERFORMANCE BOND
(This bond meets and exceeds the requirements of Florida Statutes Section 255.05)
STATE OF FLORIDA)
ss
COUNTY OFf}~
KNOW ALL MEN BY THESE PRESENTS that we, FIRE SPRINKLERS, INC.
as Principal, hereinafter called Contractor, and
FIDELITY AND DEPOSIT COMPANY OF MD. as Surety, are fmnly bound unto the Ci~ of Miami
Beach, Florida, as Obligee, hereinafter called the City, in the Penal sum of $187,4 0.00
Dollars ($187,460.00 ), for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, Contractor, on the \ C~ day of FEBRUARY , I92000, entered into a certain
contract with the City, hereto attached, for BID NO. 30-99/00, Entitled, "MIAMI BEACH
CONVENTION CENTER WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION"
which Contract is made a part hereofby reference thereto.
NOW, THEREFORE, THE CONDmON OF TIllS OBLIGATION IS SUCH, that, if
the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said Contract, and all duly authorized modifications of said Contract
that may hereafter be made, notice of which modifications to the Surety being hereby waived, then
this obligation shall be void; otherwise to remain in full force and, effect
WHENEVER the Principal shall be and is declared by the City to be in default under the
Contract, or whenever the Contract has been terminated by default of the Contractor, the City having
performed the City's obligations thereunder, the Surety shall:
1. Complete the Contract in accordance with its terms and conditions, or at the City's
sole option.
2. Obtain a Bid or Bids for submission to the City for completing the Contract in
accordance with its terms and conditions, and upon determination by the City and the
Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder
and the 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 the City to the Contractor under the Contract
and any amendments thereto, less the amount properly paid by the City to the
Contractor.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
15
No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the City named herein or the successors or assignees thereof.
The Surety shall and does hereby agree to indemnify the City and hold it harmless of, from
and against any and all liability, loss, cost, damage or expense, including reasonable attorneys fees,
engineering and architectural fees or other professional services which the City may incur or which
may accrue or be imposed upon it by reason of any negligence, default, act and/or omission on the
part of the Contractor, any Subcontractor and Contractor's or Subcontractors agents, servants and/or
employees, in, about or on account of the Construction of the work and performance of said Contract
by the Contractor.
This Bond shall remain in full force and effect 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
Contractor hereby guarantees to repair or replace for the said periods all work performed and
materials and equipment furnished, which were not performed or furnished according to the terms
of the Contract Docwnents. If no specific periods of warranty are stated in the Contract Documents
for any particular item of work, material or equipment, the Contractor hereby guarantees the same
for a minimum period of one (1) year from the date of fmal acceptance by the City of the entire
project.
Any suit on this bond must be instituted within such period or periods as may be provided
by law.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
16
r IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their
WIapprOPriate:o)(c' s of the I t.p day of FEBRUARY .~ 2000 .
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
FIRE SPRINKLERS, INC.
/
1// '
- ) /j ~'
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
~#
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
FIDELITY AND DEPOSIT COMPANY OF ~~RYLAND
By: ~/
Attorney-in-fact ARTHUR K. BRODER
(power of Attorney must be attached)
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
17
CERTIFICATES AS TO CORPORATE PRINCIPAL
SHIRLEY A. MASON
I,
,certify that I am the Secretary of the Corporation named as Principal
JOHN KUZNARIK who signed the said bond on behalf of the Principal,
of said Corporation; that I know his signature, and his signature
was then
in the foregoing bond; that
PRESIDENT
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.
A~l;tAd~~~re
STATE OF FLORIDA)
55
COUNTY OF
ill ~ D c::-
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
ARTHUR K. BRODER
to me well known, who being by me first duly sworn upon oath, says that
he is the Attorney-in-Fact, for the FIDELITY AND DEPOSIT CO. OF MRnd that he has been authorized by
THEM .
to execute the foregomg bond on behalf of the Contractor named
therein in favor of the City of Miami Beach, Florida.
~
Subscribed and sworn before me thi~ day of FEBRUARY
//? (
(Attach Power of AttorneY).~ c) ""^--
,/ Notary Public
State ofFlonda-at-Large
,W2000 A.D.
.. ~-' ~ John Bowen
My Comnusslon E"Mv Commission CC8S8964
.,.~""~ Expires July 21,2003
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
18
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section
2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, does hereby nominate, constitute and appoint Arthur K. Broder, of Davie, Florida, its true and lawful agent and Attorney-in-Fact,
to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the
execution of such bonds or undertakings in pursuance of these presents, shall b binding Ui]on . Company, ~ fully an~ ampl~, to all inte~ts an.d
purposes, as if they had been duly executed and acknowledged by the regular d officers f) ompany at Its office m Baltimore, Md., m their
own proper persons. This power of attorney revokes that issued on behalfo . Broder, pri118, 1997.
The said Assistant Secretary does hereby certifY that the extract set the rever~ ereof is a true copy of Article VI, Section 2, of the
By-Laws of said Company, and is now in force. ~~ ''''
IN WITNESS WHEREOF, the said Vice-President and ASSiS~~ have subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARYL~~ 7th day of. .D. 1997.
ATTEST, FIDELITY AND~~SIT CO~~ OF MARYLAND
~ ~ ~
~"- By: . 'at~~
~ sistant Sec W B. Walbrecher Vice-President
StateofMlllyland } ss: ~~ ~
County of Baltimore ~ ~
On this 7th day of May, A.D. 1997, before the sUbscr'b~otary Public of the State of Maryland, duly commissioned and qualified, came W. B.
WALBRECHER, Vice-President and T. E. SMITH, t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals and office ibed in and who executed the preceding instrument, and they each acknowledged the
execution of the same, and being by me duly swo ~ rally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the precedl strument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 I do further certifY that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
any power of attorney issued by the Company, 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
\0
day of
~4
,~
~"Gr. ~
Assistant Secretary
LI428-031-2375
._-.<o:-........~_ .~---,.".-_._~_____.__._ ___._ __.
FLORII)AI)Ee4RTMENT OF INSURANCE
. MTtI.R KARL BRalER
",,, 26Z-Ci16-37.53
~l~~D ,,11 T/lANSACT THE
" 'RlLt, . .00'ltIIA CLASAES O,FF IIISUIlANCE:
..(Iin. Li,. (Prq:).. & Cas. Ins.)
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SIGNATURE
LABOR Al~D MATERIAL PAYMENT BOND
(SECTION 255.05, FLA. STAT.)
".
BY TIDS BOND, We, FIRE SPRINKLERS, INC. , as Principal, and
FIDELITY AND DEPOSIT CO. OF ~ corporation, as Surety, are bound to the City of Miami Beach,
Florida, as obligee, herein called City, in the sum of$187 ,460.00 for the payment
of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and
severally.
THE CONDITION OF TIDS BOND is that if Principal: FOR MIAMI BEACH CONVENTION CENTER
WEST WRAP FIRE SPRINKLER SYSTEM RENOVATION, BID NO. 30-99/00
Promptly makes payments to all claimants, as defined in Section 255.05 (1), Fla. Stat., supplying
Principal with labor, materials, or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the contract; and
Pays City all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings,
that the City sustains in enforcement of this bond.
Perfonns the guarantee of all labor and materials furnished under the contract for the time specified
in the contract, then this bond is void, otherwise it remains in full force.
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.
The provisions of Section 255.05, Fla Stat., are specifically adopted by reference and made a part
hereof for the purposes specified therein.
The contract dated '2 - 16 . f () 06 between the City and Principal is made a part of this Bond
by reference.
Claimants are advised that Section 255.05, Fla Stat., contains notice and time limitation provisions
which must be strictly complied with.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
19
, iN WITNESS \VHEREOF, the at>ove bounded(arties have caused this Bond to be executed by their
appropriate officials of the 0 day of FEBRUARY , ~ 2000.
"
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
~p
(Copy of Agent's current
License as issued by State
of Florida Insurance
Commissioner
BID NO: 30-99/00
DATE: 10125/99
PRINCIPAL:
(If sole Proprietor or partnership)
(Firm Name)
BY
Title: (Sole Proprietor or Partner)
PRINCIPAL (If Corporation)
FIRE SPRINKLERS, INC.
(Corporate
\
(CORPORATE SEAL)
SURETY:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: ~~/
Attorney-in-fact ARTHUR K. BRODER
(power of Attorney must be attached)
CITY OF MIAMI BEACH
20
y~
~...........__/'
CERTIFICATES AS TO CORPORATE PRINCIPAL
I SHIRLEY A. ~1ASON
,
, certify that I am the Secretary of the Corporation named as Principal
in the foregoing bond; that JOHN KUZNARIK
who signed the said bond on behalf of the Principal, was
then PRESIDENT
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)
~~'~/
~
"-
"
55
COUNTY OF
) ,lfa..Lz./
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
ARTHUR K. BRODER
to me well known, who being by me first duly sworn upon oath, says that
he is the Attorney in Fact, for theFIDELITY AND DEPOSIT CO. OF lmd that he has been authorized by
THEM
to execute the foregoing bond on behalf of the Contractor named
(Attach Power of Attorney)
therein in favor of the City of Miami Beach, FIOri~
Subscribed and sworn ber. m. ~ day of FEBRUARY
~
Notary Public
State of Florida- at-Large
A ~ John Bowen
My commission EXPires(~My Commission CC856S"
1ft\: OtpiNv"...I, Z 1, !663
,)pJ{2000A.D.
BID NO: 30-99/00
DATE: 10/25/99
CITY OF MIAMI BEACH
21
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203.1227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section
2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, does hereby nominate, constitute and appoint Arthur K. Broder, of Davie, Florida, its true and lawful agent and Attorney-in-Fact,
to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the
execution of such bonds or undertakings in pursuance of these presents, shall b binding u~on . Company, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regular d officers f, ompanyat its office in Baltimore, Md., in their
own proper persons. This power of attorney revokes that issued on behalf 0 . Broder, pril 18, 1997.
The said Assistant Secretary does hereby certifY that the extract set the rever~ ereof is a true copy of Article VI, Section 2, of the
By-Laws of said Company, and is now in force. ~~ #f""
IN WITNESS WHEREOF, the said Vice-President and ASS!~~~ have subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARYL~~ 7th day of. .D.1997.
ATTEST' FIDELITY AND~~SIT CO~~ OF MARYLAND
~ ~ ~
~"- By: . 'a/.{t.k--
~ :sistant Sec W. B. Wa/brecher Vice-President
StaleofMalyland } ss: ~~ ~
COlmty of Baltimore ~ ~
~~
On this 7th day of May, A.D. 1997, before the subsc .b~Otary Public of the State of Maryland, duly commissioned and qualified, came W. B.
WALBRECHER, Vice-President and T. E. SMITH, t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals and office ibed in and who executed the preceding instrument, and they each acknowledged the
execution of the same, and being by me duly swo ~ ially and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the precedl strument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, 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 I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
any power of attorney issued by the Company, 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
\ ~ day of
~
,~
~~~~
Assistant Secretary
LI428-031-2375
-.--. -__- _. _..~r- .--___._~__._..___.-_.
FLORIDA DEI?ARTMENT OF INSURANCE
MTII.R KARL IIRtDER
2J62-'h 3733
IS LICENSED TO TRANSACT THE
FllltD'!/IHli CLASSES OF INSURANCE:
CierI.. lUleS (Pr'q:). & Cas. Ire.)
tfeel th
A030836
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