Public Works Bond
PUBLIC WORKS BOND
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND
ISSUED IN COMPLIANCE WITH CHAPTER s255.05 FLORIDA STATUTES.
CONTRACTOR PHONE NO.
SURETY COMPANY:
07-4328
E.G. Braswell Construction. Inc.
5635 MacDonald Avenue
Key West,FL 33040
(305)-296-0305
First Sealord Surety, Inc.
4901 NW 17 Way. Ste 304
Ft. Lauderdale. FL 33309 954-351-2030
Monroe countx Board of County Commisioners
~oo Whltehea Street
Key West, ~L 33040
BOND NO.
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
OWNER NAME:
OWNER ADDRESS:
OWNER PHONE NO.
OBLIGEE NAME:(If contracting entity
is different from the owner, the contracting public
entity)
OBLIGEE ADDRESS:
(305)- 2 8 9 - 60 5 4
OBLIGEE PHONE NO.
BOND AMOUNT:
CONTRACT NO. (If Applicable)
DESCRIPTION OF WORK:
( )
$1,923,718.00
Brick & Stone Exterior Claddinq Freeman
Justice Center
PROJECT LOCATION:
Key West, FL
FRONT PAGE
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(ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY
PAGE NlJMHERS THAT MAY HE PRE-PRINTED THEREON)
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond: 07-4328
BOND PREMIUM BASED ON
FINAL CONTRACT PRICE
AlA Document A372
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be consider~d plural where applicable.
COtHRACTOR (Name and Address):
E.G. Braswell Construction, Inc.
5635 MacDonald Avenue
Key West, FL 33040
SURETY (Name and Principal Place of Business):
First Sealord Surety, Inc.
4901 NW 17 Way, Ste 304
Ft. Lauderdale, FL 33309
OWNER (Name and Addressl:
Monroe Count:y Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Dme: May 16, 2007
Amount: $1 ,923,718.00 One Million Nine Hundred Twenty Three Thousand
Description (Name and Location): Seven Hundred Eighteen Dollars
Brick & Stone Exterior Cladding Freeman Justice Center
BOND
[Jate (Not earlier than Construction Contract Date): June 12, 2007
Amount: $1,923,718,00 One Million Nine Hundred Twenty Three Thousand
Modifications to this Bond: llIDO\Ione Seven Hundred Eig\!:j:lilIilPPaye:eLars
CONTRACTOR AS PRINCIPAL
Company:: (Corporate Seal)
E.G. Braswell Construction, Inc.
~
Signature: ----::;:::;-- _~_~_~_
Name and Tit~gar G. Braswell
/ President
(Any additional signatures appear on pa[~e 3)
SURETY
F Compaw:
~rS1: ::.1 a
e
I (Corporate Seal)
, nc..
Signature: ,
Name and itle: Robert Barra Attorney In Fact
& Florida Resident Agent
(FOR INFORMA nON ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Bob Barra Bonds, Inc.
9373 West Sample Road, Ste 206
Coral Springs, FL 33065
954-255-9855 fax 954-255-9857
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAXMENT BOND ~ DECEMBER 1984 ED. . AlA @
THE AMERICAN TNSTITUTE OF ARCHTTGCTS, 173.'\ NEW YORK AVE_, N.W , WASHINGTON, D.C. 20006
THIRD PRINTING.. MARCH 1987
A312-1984 1
1 The Contractor and the SurelY .iointly and severally, hind
tl1emselve,Q, their heirs, executors, administrators, successors and
assign$ to the OWllc;:r for the performance of the Constnlclion
Conlcal',l. wl1ich is incorporated herein hy reference.
2 If the Contractor performs the Construction Contract lhe
Surely anc1 lhe Contractor shall have no {)hligation uncler this
Hond. except to parricip8te in conf'l~renccs as provided ill Suh-
paragraph 3 I.
3 If there is no Owner Dct~1UIt, the Surety's obligation under Ihis
Bond shall ;uise ;jfl:er:
3.1 The O\\,'l1cr leas notified the Contractor and the SurclY at
its address de$cribed in Paragraph 10 helow thtlt the Owner is
cOllsicleril1" declari:lf! a Contractor Default and has requestcd and
;ne;nptecl'~o arrang;; a conference with tile Contraclor and the
Surety to he held not laler I'l1an fifteen days after receipt nf such
notice to c1iscus;-; 11lt:i:lwds nf peri'orJning Ibe ComlruClinn cl1nlract.
Tf the o-\vncr, llle COJltractor and the Surety agree, lhe COl11:!".'lct(lr
shall he allowed a reasonahle rime to perform the Construction
C:olltr.lcL hUI \uch ilil 3l!rCl.'mcnt shall nol waive tile O\\'ner',~ righi,
11' ailY. ,snbse,queIH1:i t~l-declare 2 Contractor Dcfaulr: and
3.2 The O\\!l1cr Ins decl<lrecl (\ C01Hr<'lCUlr Dc'C1ult ,Inel fnrm811.y
terminalcd ihc Contr2ctor's righl to compktt': the col11r:1ct. Such
Contractor Default s::\nll Ilot he declared earlier 1h<'l11 twenty days
after the Contraetl~Y and the surety h;lVC lTccived lH"tice as
provided in Suhpuagr<'lph 3. I; and
3.3 The Owner I1<\'; agreed to ray' the hal<mce of the Contracr
Price to the Surety in accordance \vilh the terms of the Con
struction C01l1'TClct or to a cOn!rtlctOf selected to pe,'form [he
Construction Cnnln,cl in accoubnce "\lith the ttl"l1lS of the contract
with the OVJ1)cr.
4 \\:'hen the OV,'ilC1" has satisfied the conditions 0f Paragraph 3,
the Surery shall promplly <111<1 at the Surer)"s expense take one of
the following ne/iolls:
4,1
Owner.
Arrange Fe] tile COllt1"!lctor 1jllith the consent of the
to perfnrm ~nd complete tile Cnnslnlclion CnnlTact: I);
4.2 TTnderlakc t'l perform And cnm]1lelc 1'11e ('(Instruction
COIl!nICI itself, thnmgh its agents or through independent
C(llltracto]':;: or
4.3 OhL1in 111(1., or llcgo!i,lled proposab from qll;difiecl
cnnlrflctors (lcceplahk tn the ChiJ1cr for a contr(lCl for perl"nrmance
amI completion of the Construction Contracf. a1T8ngc I'nr a
contract to he prcpared for execution by tile Owner and the
contractor selected with the Owner's cOllcurrence, to be secured
with pcrfOrmf\l1Ce and payment honds cxecut.ec1 hy a qllalified
surety equiv.11ent to the. honds issued on lhe C(111st:r1Jction Contran,
and 1M)' to the Owner tl1(: amount of dam.1ges (IS described in
Paragr;lph (i in excc~;:,< of the B,dancc of the Contract Price
incurred hy the Owner rc,(uliing from the C'iJntractnr's default. 01
4,4 V/;\1VC, il'; ri!:dH [0 perform and complete, 8rrangc j;ll"
cOlllp[crinll, or oht::l!l1 a Jh~W C(1nl:ractor C1nd \vilh rC(lsnnahle
promptness under Ihe circurnstanu'_s:
.1 Afrn invc,<;ligatioll. determine Ihe. amouDI 1';)1' WhlCl1 ij
illay he liClhlc tr) the Owner ,Ind. ;IS ~non ClS pr.'lctic<J.hlc <lncr 11](-'
:llllnUllt is c1etermim~cJ, tender payment r.l1erefnr 10 rhe (hvner; 0r
.2 Dell)' li<'lhi!i1.v in w!lole (lr in pRrt Ilnd notify the Ownc!
citing reasons therefor. -
5 II' the Surely does not proceed 8S provided in Paragraph .4 with
reasonahle prompt.ness, the Surety shall be deemed tn be in defauh
on []lis Bond fifteen daS's after receipt of an additional written
notice from the OWller to the Surety demanding that the Surety
perform its ohligatiol1s under this Bond, and the Owner shall be
entitled te enforce any remedy' availahle to the Owner. If the
Suretj.' proceeds as provided in SuhparBgraph 4.4, llnd the Ov/ner
refuses the payment tendered or lhe Surety has denied liahility, in
wllnle or in part 1,l,'ithout further notice the (hiller ,~h31l he cnllt:1cd
10 enforce !lPy rcmedy availahle iO the Owner.
6 After lhe Owner has terminated the Contr()c1:0r's right to
cOlllplete the Crmsrnlction Contract, and if r,he Surely dC'.CfS tn ael
under Subparagraph 4.1. 4.2, or 4.3 above, then fhe
responsihilit.ies of the Surety to the Owner shall nm he greater than
those of the ContT::JCl.or under the COllstruer.ion COlllract, and the
responsihilities of the Owner to the Surety shallllOI he great,e.r than
tho~e of the Owner under the Construction ConlTact. Tn t.he limit
of the <l.1l1ounl of this Bond, hut suhject In COllUnilme11l by the
Owner (If lhe Balance of the Contract Price tn mitigCllion of costs
and damages on [he COl1SITuction Cnmrau., the smely is ohlig;]lec1
Wilh(1l11 duplicMion I"or:
6, '1 The responsihilities of the ContraCU11" for COITeC!-ion of
defeclivc work and completion of the CnnslTucliol1 Contract:
62 Additional legal, design professional and delay costs
resulting from Contractor's Default, and resulting from the actions
or failuTe (n :tel of the 'surer\, under pllragrflpb 4; 2nd
6.3 Liqllid.11Cd damages, or if no liquidated damages are
specified in the Construetion Contract, actual cJtlmages C<111scd hy
delayed pel'frmml1lce or nnn-perfornwnce of the Comractol"
7 The 5urety shall not be liahle to the Owner or others for
ohlig:\f\ons of the ConfrJetor that are unrclllfed to the Construction
Contract, ;me! rhe Balance of the Contract Price shall not he
reduced or set off on aCCOUlH of any such unrelated obligations.
No right of action ~hal1 accrue 011 this hond to any person (;r entity
other thell) the Owner or its heirs, executors, administrators or
succ.essors.
8 The Surety llcrehy waives notice of any cl18nge, including
ch::ll1ges of lime, to the Construction Contract or 1(1 related
sllhcollfTaC!5. purchase orders and other obiigations.
9 Any proceeding, lc.glll or equitahle, under this Bond mav ne
in~tituted il: ;m:/ CO\lri of competenr jurisdic.(ion in the location in
which the work or parr of the work is loc8ted cllld shall be
instituted wil'hi\] lwo years after Contractor Default or within fwo
ye<Jrs after Ihc Contractor ceasecl working 0]' wit11in 1\\'0 years after
the Surety refuses or fails 1.n perform its ohlig;Hinns under this
Bond, whIchever OCClJrs first If the provisions of Ihis Paragraph
are voie! or prohibited h:y lJv.' the minimum period of lil11i1.'ltion
aV<'Iili1ble to slll"t'tics as a defense in the jurisdiction of the suit shalf
he Clpplic{1b1e.
10 Notice to the Surety, the Owner or the COlll!".1C!or shall be
mailed or delivered 10 the address show11 on the sigl1()tl1l"c page.
11 'When this hond has been furnished to comply with II stalUlory
or other legal requirement in the location where the construction
was to he performed, any provision in this Bnnd cnnnicting with
"a!cI <,l<HlIlory or legal rC'J.juiremcr11 shall be deemed (le1cteJ
ilerefrnrn and provisions conforming to such statutory or ntllCJ
leg8.i requiremem .5h8.11 b,,, deemed incorporated herein. -The intelll
is that tbis Bond sh;111 he consfrucd IlS a statl1tory hond and not as
<l C0T1lrrlOn ]"\,.,, ~1(~nd
AlA DOCUMENT A312. . PERFORl\1IA:-Tr:: BOXD ANT) rA '{TvIENT BOND.. DECEMBER 10R4 ED. ~ AlA @
THE AMERIC/\N INSTITUTE OF /\RCHfTECT;;. 17:'1:; NF\Ii/ YORK AVE.. N_W \V/\SJ-TlNGTO!\1, DC 200(l(i
THIRD PfnNTTNG ~ "'lARCH 1')1'7
A312-1984 2
12 DEfiNITIONS
12,1 Balance of the Contract Price: The total amount payable hy'
the Owner to lhe Contractor under the Const.ruction Contract after
all proper iHljl1~tl11cnts have been made, including allow<1l1ce to the
Comractor of any amoums received or to he received by the
Owner in settlcmcm of insurance <w Mher claims for d;lmagcs to
which the Contractor i~ cnrit1ed, reduced by (Ill v::llicl and propel
p(lyments made to or Oil behalf of rhe Contractor under the
Constrllcliol1 C')lltnCl.
12.2 Construction (\llltract The ::Jgreemcnt between rile Owner
MODIfiCATIONS TO nns BOND ARE AS FOLLOWS,
and [Ile Contractor idenr:ifie.d on the. sIgnature page, mcluding all
Contrnct Documents and changes thereIn,
12.3 Contractor Default: failure of the Contractor, which has
neither been remedied nor waived, to perform OJ' othe.rwise to
comply with the terms of rhe COl1SlnlCtion Contj'.1CL
12.4 Owner Default: Failure or the Owner, which has neither
been remedied nor w:1ived, to pay the Cl1HrElC10r as required by
the Construction Contract or to perform and complete or comply
with the other terms thereof.
N/A No Signature Required
CONTRACTOR AS PRT\JClPAl
CnmpflllY:
(Space is provided h(~lO\v' for addirional signatures of added panies. other 1'1l:111 those appearing liP the cover page.)
f('orpor<ltc Seal)
SignaJU1T:
Name ;md
A(!(Ires,o:
Tille
SURETY
Cnmp<1:ny:
(Corporate Seal)
Signature:
Name :md TitJ;'":--~-"-
Address:
AlA DOCUMENT A312 ~ PERFORM^~;CE BOND AND PAYMENT BONO.. r)"ECE,\1BER 1984 ED. ~ AlA @
THE ,L\l\.H::1UCi\N TNSTlTt;TE or i\RCI-HTFCT<:; 17J5 ;\IFvJ YOPK i\VF _ NW \\.'AS1-l1NGTON, D.C 2000(i
TI-TTRD rRJ1\JTTNC! .. MARCH 10?.'7 - ~,
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
07-4328
I)
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (NameCand Address);
E.G. Braswel~ onstructlon,
5635 MacDona.ld Avenue
Key West, FL 33040
Inc.
SURETY (Name and Principal Place of 8usiness):
First SealorrlBurety, Inc.
4901 NW 17 Way, Ste 304
Ft. Lauderdale, FL 33309
OWNER (Name and Address):
Monroe County Board of County Commissioners
500 Whitehead street
Key West FL 33040
CONSTRUCTION CONTRACT
Date: May 16, 2007
Amount:$1 ,923,718.00 One Million Nine Hundred Twenty Three Thousand
Description (Name and Location): Seven Hundred Eighteen Dollars
Brick & Stone Exterior Cladding Freeman Justice Center
BOND
Date (Not earlier than Construction Contract Date): June 1 2, 2007
Amount: $1,923,718.00 One Million Nine Hundred Twenty Three Thousand
Modifications to this Bond: ~one Seven Hundred Eig!!J:~&1Pd?J~~ars
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
E.G. Braswell Construction, Inc.
Signature~/
Name and Titl . Edgar G. Braswell
President
(Any additional signatures appear on page 6)
SURETY
(:ompany:
Flrst 5e
Signature:
Name and Title: Robert Barra Attorney In Fac!
& Florida Resident Agent
I (Corporate Seal)
, nc.
(FOR INFORMA nON ONL Y-Name, Address and Telephone)
AGENT or BROKER- OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
Bob Barra Bonds, Inc~
9373 West Sample Road, Ste 206
Coral Springs, FL 33065
954-255-9855 Fax 954-255-9857
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. . AlA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
1 rile Conrracr.or and Ihe Surely, jointly cll1d ~cvera\ly, bind
themselves, their heirs, executors, acllvinlstrators. sllcces<;or~ and
assigns 1.0 the Owne~. 10 pay f0r labor, materials and equipment
furnished for use ir the performance of lhe COl1SlrucllOll COlltr8CL
which is illcorrora :r?d 11erein hy reFerence.
2 With respect lC. (he Owner. this ohligation shall he null find
void if rJw COlltraum:
2.1 Promptly makes p<Jyment. direct1)' or indireclly, for all
sums due Claimants, and
2.2 Defends, indemnifies and hold." harmless tlle Owner frOl\1
claims, del1l(lnd,s, liens or suits by any person or entilY \.vhose
clnim, (kmand, lien or suit is for the payment for labor malerials
pr e.quipll1enr (ul"I1!s1:.ed for the use in the performance of the
CO!lstrucrinn Ci111tl'JeI, prnvickd the O\ljner has promptly notified
the Contractor !lW! the Surety lal I:he address descrihed in
Paragraph 12) of :1n:,' claim.s, demand~, liens or suiTs I1l1d I(:ndcl'ed
defenSe' of such c1ilim.'\,demBncIs, liens or suit.s to the Contractor
and the Surely, and provided I:hcre is on Ovmcr Dd~iull.
3 With rcspe_ct lO C18illlams. this ohligatioll ~hall he nul! and void
if tile COlllraC.I'or pro~"1plly tn."1kes paymcnL din~Cf!y or lndireni\'",
r01 iill sums dne.
4 The SurCi:' shall h;we no ohligi-Hion to Claim:uHS under this
hond umi]:
4.1 Claimnn1.s who are employed hy or l1;rvr: ,q direct c.nntracl
with tile Conrnlctnr hi-~v(' given notice lo the Suret;.,.' (al [he a(lflrcss
described in Paragr;lph J 2) and sent a cOP;', or no!:!c' thereof. to
the O",/])cr, siaiing tila: a claim is h~ing Jn8cle ullder this Brmd and,
with suh:;\-a11li,11 <1ccuracv, tile amount: or Ihe claim.
4.2 Claimr1111S \\.'110 do not have a direct contract \vi1.h thc
Contractor:
.1 Have furnished written notJce to (:he Contractor and senl
a copy, or notice thereof. to the Owner, within 90 days after
having last reI' formed l(!bor or lasl furnished TllillCrials (1r
equipment included .'n the claim strlting, witl) slJhstanti,l) accu1"<.!c)',
the (\mOllnt or- the cl;:;!rn and the name nf the P,HIY 10 \vl1om lhe
rnMeriills were furlllsl1ecl Of supplied or for whorn the bbor was
d01lC or perfllrmcd: <lnd
.2 Have either received (1 re.1C,ctioll in 'Nho!c or in pan from
the Contractor nr net received witllill JO clays of furnishing the
ahove notice allY cnm111Ull1catioJ1 from the Contractor hy which lhe
COlltnH~lor has indicaled 1]1e claim will he pilicl directly nr
indireoly; ancl
.3 :\01 h3ving heen paid \Vilhin Ihe ahove 30 days, have ,senl
a \vriuen notlce iD the SUl'ci'y (at the address described in
Paragraph 12) and serl( 8 copY', OJ" notice thereof t.o the Owner
stating Ilull (l d,l1Jll is heing !1li1dc under tlJisHond 2nd enclosing
a copy (If the previolls writkn nol:ice furnisJ1t'c110 the Contr:lctol.
5 If (\ notice required hy Paragraph 4 is given hy j)F~ Owner (0
the Confractor ()J' to the Surety. th,,1 is svrFicient compliance
6 When the Cl<lim;liH Ita,s satisfied (he conditions of P"rA!!:raph 4,
the Surel.:)' sh,lll prOm))l!y ;:,Ilc1 ;u [he Surety's expensc 1-:1k;c the
following B('.IJ(1Jlf'.:'
6.1 .'lend iln ;11ls\ver to the Claimant, ,vith a copy 10 r.he Owner,
wijhin 4~ d;}ys afler" Iceei]'! of the claim, ~,taljng ille aOlmlll(S thai
arE': undispured :md the hasis for c1wllcnging any amounts Ihat are
disputed,
6.2 Payor arrange for payment of any undisputed amounl,s.
7 The SurelY'S total obligation shall not exceed the alllount of this
Bond, and the ilmO\.1l1t of this Bond s)lall he credited For any
p8yments nlade in good Faith hy the Surc.ty,
8 Amounts owed by the Owner to the COluractor nnder the
Construction Contract ::;hall he llsed for the performance or the
Construction Contract and to satisfy clallns, if ;:111}', ul1der any
COl1strucl:ioll Performance Bond. By the Contractor furnishing and
the Owner 3ccepting thi.~ Bond, Lhey agree 1.118(' all funds earned hy
the C011lraC[nr in Ole performance ofl:he COllS1Tuction Contract art'
declic.nled (-0 s;Hi,sfy ohligations of the COl1trnetor <ll1d the Surely
under thi:-; Bond, subject t.o the Owner',~ priol"1Ly' In use the fi.lllds
f()r the completion of the work.
9 The Surety sh,l1i no1' be liahle 10 the Owner. Cl8irnaIHs or
()i:hel",~ for ilhlig.1_l:iollS of the Conlractor rhill ale unrelated to (he
Construction C'nrHracl. The Owner shan not he; li:lhle for raymenl
of any costs or expenses of 8n\' Clnimanl under this Bonel, ilnd
slpl1 hi1ve under rhis Bond 110 obligations to make paymenrs to.
gi\.'c notices 011 behalf of, or otherwise IHlve ohligaJiolls to
Claimants under this Bond,
10 The Smely hereby \vaives notice of any change, including
Cllilllges of lime, In the Construction COlltrHcl or to rchled
suhcontracts, purch;Jse orders and other nhlig<l1:inns.
11 No suil or action shal1 he comrnenced by a Claimanl uncler
this Bond other th,qn in a court of competent jlJrisdiClion in the
!ncatinn ill which lhe \vork or part of the work is located or ;'Iftn
the expiration of one year from the date (I) on which Ihe Clnimant
gave the notice required hy Suhparngraph 4, 1 OJ" Clause 4.2.3, or
(2) 011 which the last labor or service was performed hy anyone or
('he las!: lllafcl"i.als or equipment were Furll1shed hy anyone nnder I:hc
Construction Contmet, whichever of (I) or (2) first occurs. If the
provi~ions of this P:nagraph are void or prohihited hy l:n'O', the
mininmrn period of Irmiwtion available to sureties a:; it defense in
the jurisdicrion or the sllil shall he npplicClblc.
1:2 Nnl.ice 10 the SurelY, the Owner Of rile Contract.or shall he
mailt:cl or delivered to the address shown 011 the signature page.
ACllliJl receipt of notice hy SureLy, the Owner or the Contracror,
however accomplished, shall be sufficient cOHlp!i81Ke as [If th~
date received ilt (be address show11 on the sign;:uure page.
13 \'lhen thi~ Bond hilS heen furnished to compl:,\, \virh a statutory
or other 1'~,Ga] rcquirenlcnt in rhe location 'vI/here the construction
\l,'a~ to he performed, an}' rrovisioll in this Bone! conflicting with
said 5tar.ulory or 1eg;;li requirement shall he deemed clclctec1
hcrcfrnm and provisions conforming 10 such sraHHnrv or other
1eg81 rcquiremeill shall he deemeclllH;orpnrM,ed ht~rein, -The intent
is that this Bond shan he construed as a slatutory bond iJnd not as
(l Ci)mmon Jaw bond.
14 Tjpoll request by any person or entity appearing to he a
)lOfemi;d heneficiary of this Bond, the Contractor shall promptlv
furni,"h <l copy of this Bond or shall permit a COpy' i.Cl he made .
15 DEF!NIT!ONS
15.1 Cl.1im:'l1ll: an individual or entity luwlnQ:J direct contJ";Jcl
with lhe Contracror or with a suhcnntrilctnr of ~he Cnnt:r.1c!n!' 1,0
furnisl1 ]::l1iOt', materifl.ls 01 cqtJlpmenr for use in the pCrf{)!"]11811Ce
(If the Contract.
AlA DOCUMENT A3'[ 2 .. PERFORMANCE BOND AND FA ,\'ME:\T BOND" DSCEMBER 1 n4 ED, ~ AlA @
THE ^,,1ERICAj\T INSTITUTE OF i\RCTTTTECTS, 1715 '\"F\V vmu< /\\11", N,\\-, \V/\SIUNGTO\'. D,C 2000r;
THIRD PN.fNTINC; .. MARCH 1'm7 - ,
A312-1984 5
The intent of [his Bond shall be to inc1lJde \vithow. limitlHion in the
terms "labor. materials or eqllipmenl" that part of water, gas,
power, light, heal. oil, gasoline, telephone service or fcntal
equipment used in the Construclion ContracL architectural llnd
engineering services ~.eq\Jired for performance of the \\'ork of the
COlltracr.or and tlle ContraclOr's suhcontractors, :md all oille.r items
for which a mechanic's lien may be assert:ed in the jnrisdiclion
where the lahor, 1ll8terials or equipment were furnished.
MODll'ICATIONS TO THIS BOND ARE AS FOLL01NS,
15.2 Construction Contract; The agreement between the Owner
and the Contractor identified on the signa lure page, including all
Contract Dncnment5 and changes t.hercUJ.
15.3 OV'.'l1cr Default: Failure of tl1e Owner, \vhich hHS neither
been remedied nor waived, to pay the Contracror as required by
the Construction Contract or tn perfonn and complete or comply
with the other terms th(~rcof.
N/A No Signature Required
CONTRACTOR AS PRlNClPAL
Company:
(Spaec is provided he!()w for additional sigl1ature.~ of 8dded parties, 0lhcr than those appearing on the cover page.)
(Corporate Seal)
.SignrUJlre:
Name :lnclTi-l1c
Addn;ss:
SCRETY
Compall.\':
(Owporale Sea!)
Signaturc:_______ ~
]\:.1.11le and Tilk. --
:\dc1res,~:
AlA DOCUMENT A312 0 PERFORMANCE DO"'D AND P/\YME;-':T BO~D " DECEMBER 19S4 8D. .. AlA @
THE AMERICAN TN.')'[TfUTE OF /\RCr-rlTBCT.S. 17.<.<; \"E\V YORK AVE. N \V. \V/\SHr'\(~TO\~, D.C 20006
THm.D PRTNTTNG '" MARCI-j 1l)S7 '
A312-1984 6
First Sealord Surety, Inc.
Power of Attorney
Power No: MIA-0025-07-04445
KNOW ALL MEN BY THESE PRESENTS: That First Sea lord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the
"Company") has made, constituted and appointed, and by these presents does make, constitute and appoint
Robert Barra of Coral Springs, Florida
its true and lawful Attorney~in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a
similar nature as follows:
********** Not To Exceed Four Million Dollars----------------u-----------($4,OOO,OOO.OO) **********
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in~Fact, shall be
binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all thEl acts of said Attorney~in~Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By~Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003
with all Amendments thereto and are still in full force and effect:
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the
Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an Attomey~
in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by
such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by
any such officer, Attorney-in-Fact or representative. The authority of such Attorney~ln-Fact and Agents shall be as prescribed in the instrument
evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any
person empowered to make such appointment."
IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly
attested this 20th day of January, 2004.
~~~,
f"~199:~\~\
l~\ ~.:"'i''-'
(Seal)\~~~;~/ Attest:
~~.".....
First Sealord Surety, Inc.
Commonwealth of Pennsylvania
County of Montgomery
~c~
./'
Gary L. Bragg, Secretary
By:
ID~CV' P .
Joe . ooperman, Ice reSident
On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First
Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said
Corporation; 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 Corporation;
and that he . ed his name thereto as Vice President of said Corporation by like authority. NW TH OF P N LVANIA
r;.'< T,,~,~~ a.~ -0:i~ --
~r'~f.. ~.J -:- ~/ AnlhonyT.SI8waII,Nal8lyPullllc
(Seal) ~ ~ OF ~y~ ~ 1."'1/ ~ Notary Public Low8rMellonTwp..~~IMllfCounly
'.:1+ .~.' f MyCOmmlsslonI!lql/l1loAug.5,2010
""..i':.f'f\.,,~.., 1
Q>IfI"ii;-:.;.;....~./ CERTIFICATE Member, Pennsyfvanta As8ocl8tfon or NotartN
I, the undersTg'tfed Secretlry of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and
correct copy, is in full forCI:t and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was
one of the Officers authorized by the Board of Directors to appoint an Attorney-in~Fact as provided in Section 12-1 of the By-Laws of First Sealord
Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By.Laws of First Sealord
Surety, Inc.:
"Section 12.2. The use 01' a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws
appointing and authorizin~1 an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as jf such seal and such signature had been manually affixed and made."
In Witness Whereof, I havl::! hereunto set my hand and affixed the corporate seal of the Corporation to these presents
this ~ day of JunE! . 20~
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here 07 - 4 328 ), the bond
number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent.
(seal)
FirSl_Sealord_Sur<.:ty~PO^.doc (Ed. 0]/20/2004)