Performance/Public Works Bond THE AMERICAN INSTITUTE OF ARCHITECT &nroe ou►
FacllItles [ velOpmern
APR 12 1112
TIME.
+ x, ,:1 1 9 _ RECENED
q „o
Bond No. K08359519
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Turk Construction, Inc.
(Here insert full name and address or legal title of Contractor)
31 Ocean Reef Drive, SuiteA301 Key Largo FL 33037
as Principal, hereinafter called Contractor, and, Westchester Fire Insurance Company
(Here insert full name end address or legal the of Surety)
436 Walnut Street, P. O. Box 1000 Philadelphia PA 19106
as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County Board of County
Commissioners (Here insert full name and address or le
gal tide of Owner)
500 Whitehead Street Key West FL 33040
as Obligee, hereinafter called Owner, in the amount of One Hundred Sixty Three Thousand One Hundred Ninety
Three Dollars and 00/100 Dollars ($ 163,193.00 ),
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 Ar 4,17 � azU/ L , entered into a contract with Owner
for
(Here insert full name, address and description of project)
Construction of Dressing Rooms at the Murray E. Nelson Government and Cultural Center MM102, Key Largo,
Florida
in accordance with Drawings and Specifications prepared by 4efie j - ‘ : c .44 ' 11 - 5 - 1 4
(Here insert MI name and address or legal tide of Architect)
Oe(,r, k.f.4% � FL 337yv
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA Q) 1
FEBRUARY 1970 ED. ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W WASHINGTON, D.C. 20006
d
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or the contract or contracts of completion arranged under this
extension of time made by the Owner. paragraph) sufficient funds to pay the cost of completion Tess
Whenever Contractor shall be, and declared by Owner the balance of the contract price; but not exceeding, including
to be in default under the on #a n the Owner having other costs and damages for which the Surety may be liable
performed Owu a de theC thereunder, the Owner hereunder, the amount set forth in the first paragraph hereof.
obligations Surety may The term "balance of the contract price," as used in this
promptly remedy the default, or shall promptly
paragraph, shall mean the total amount payable by Owner to
1) Complete the Contract in accordance with its terms Contractor under the Contract and any amendments thereto,
and conditions, or less the amount properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the
accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final
determination by Surety of the lowest responsible bidder, payment under the Contract falls due.
or, if the Owner elects, upon determination by the Owner
and the Surety jointly of the lowest responsible bidder, No right of action shall accrue on this bond to or for the
nd t arrange for a contract jointly of the
such bidder and Owner, use of any person or corporation other than the Owner named
and make available as Work progresses (even though herein n the heirs, executors, administrators or successors of
there should be a default or a succession of defaults under the Owner.
Signed and sealed this day of
ATTEST: / i . Turk Construction, Inc.
By:
� (Principal) (Seal)
(Witness) /
(Title)
WITNESS: W Fire Insurance Company
-` ,"� Surety) (Seel)
By: e-- "�...
• fi tness) sii .
Olga Iglesias By:
(Title)
Charles J. Nielson Attorney -in -Fact
•
ANA DOCUMENT A311 • PERFORMANCE BONO AND LABOR AND MATERIAL PAYMENT BOND • AIA 0
•
•
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2
i
THE AMERICAN INSTITUTE OF ARCHITECTS
I
Bond No. K08359519
A!A Document A3 t J
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Turk Construction, Inc.
(Here insert full name and address or legal title of Contractor)
31 Ocean Reef Drive, SuiteA301 Key Largo FL 33037
as Principal, hereinafter called Principal, and, Westchester Fire Insurance Company
(Here insert full name and address or legal title of Surety)
436 Walnut Street, P. O. Box 1000 Philadelphia PA 19106
as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County Board of County
Commissioners (Here insert full name and address or legal title of Owner)
500 Whitehead Street Key West FL 33040
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of One Hundred Sixty Three Thousand One Hundred Ninety Three Dollars and 00/100
(Here insert a sum equal to at least one -half of the contract price) Dollars ($ 163,193.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
✓ 1 �t7 / Z
Principal has by written agreement dated /a y , entered into a contract with Owner
for
(Here insert full name, address and description of project)
Construction of Dressing Rooms at the Murray E. Nelson Government and Cultural Center MM102, Key Largo,
Florida �
in accordance with Drawings and Specifications prepared by � � «� � � � �i'4vf� / ,Z n s l4 � -
12 / (, / �Q,, �� -f (Here insert full name a dress or legal Me or Architect)
Q� 1( / - 1 ?3
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AMA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006
1
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void, otherwise it shall remain in full force and effect subject, however, to the following
conditions:
1. A claimant is defined as one having a direct and the name of the party to whom the materials were
contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or
Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the
required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid,
and material being construed to include that part of water, in an envelope addressed to the Principal, Owner or Surety,
gas, power, light, heat, oil, gasoline, telephone service or at any place where an office is regularly maintained for the
rental of equipment directly applicable to the Contract. transaction of business, or served in any manner in which
2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the
and severaliy agree with the Owner that every claimant as aforesaid project is located, save that such service need not
herein defined, who has not been paid in full before the be made by a public officer.
expiration of a period of ninety (90) days after the date on b) After the expiration of one (1) year following the date on
which the last of such claimant's work or labor was done or which principal ceased Work on said Contract, it being
performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied in this
may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction
prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so
as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted
The owner shall not be liable for the payment of any costs by such law.
or expenses of any such suit. e) Other than in state court of competent jurisdiction in
3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state
any claimant: in which the Project, or any part thereof, is situated, or in
a) Unless claimant, other than one having a direct the United States District Court for the district in which the
contract with the Principal, shall have given written notice to Project, or any part thereof, is situated, and not elsewhere.
any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and
Surety above named, within ninety (90) days after such to the extent of any payment or payments made in good
claimant did or performed the last of the work or labor, or faith hereunder, inclusive of the payment by Surety or
furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said
made, stating with substantial accuracy the amount improvement, whether or not claim for the amount of such
claimed lien be presented under and against this bond.
Signed and sealed this day of
I
ATTEST: Turk Construction, Inc.
(Principe° (Seal)
By:
(Witness)
B: ✓�"U�
(Title)
WITNESS: We chester Fire Insurance Com •an
\ /7 (Sure (seal}
(Witness)
Olga Iglesias I By
:IS BOND IS HERE6Y AMENDED SO THAT THE PROVISIONS AND (Title)
JirATlONS CF SECTION 255.05 OR SECTION 713.23 Charles J. Nielson
ORIDA S ��ATUTE$, WHICHEVER IS APPLICABLE, ARE Attorney - - Fact
;;ORPORATEDi HEREIN BY REFERENCE. This bond is given to comply with section 255.05 Florida
Statutes, .nd any action instituted by a claimant under this
bond for payment must be in accordance with the notice and
time limitation provisions in Section 255.05(2), Florida Statutes,
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANDMATERIAL PAYMENT BONO • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C.20006
2
_ _ —_ _ _ .__ _ ___..__ __.._ .—__._
1
Power o f WESTCIIESTER FIRE INSURANCE C OM P ANY
Attorney
• t (now a m by t p Th WESTCHESTER F IRE INSURANCE COMPANY a corporation of theCominonwealth of Pennsyh aiti pursuant to the • 4' 'II I o W ting R esolution; adop by t1i Board o f Directors'of th ; said Company on December 1 ] ,:;2 006, to wit'
•REtiOLVED, that the following iauthonzations relate to the eyccuuon, for and on behalf of the Company of bonds undertatings recogmrarices, contracts and other,wntI n contmiUnenu the Company
.' entereit; mto rs
: ihe- rdinarycouepfbusinea (eaiha "Wntten'COmmitmenl'): •
(1): Each of the' falaiml9a, •the President and the Vitie Presidents al the Company is hereby authorized to execute any Written Commmtment for and on behalf of the • under 1he.seal of the Company or
otherwise.
(2) 73ach duy appornled atlomey in,fact of the Company is hereby an llhodzed..to execute any. W.ntten Commitment for and on behalf of the Company, under the.Sent of the Company orotherwlso tij the e>tent. that
such ncuoh is ngthorized by 11e g(aht'ofpoivers prowdgtt for rn such per3ons wnuetiappointment as such auomey -rn -fact
t3) Eaeh. of ttre Chatr+nan The President mid the Vice Pr
residents ofthe Compapr is hereby :authorized for and on behalf of the Corripant to appoint in writing any person the attorrres rtt -fur of the Company w ith
full µthorny to eiecutb for and on:beha)f o('the Company: -under the seal of. the Campar or othentise. such W nnen Cm
omitments.of the :(:ompany as may b< •specrfred •in such wrttian
apporttameid Sytrch�4pecifreation b bi general t } pq' or class of Written CotnmrunentS:Dr by spec ficalion of one or more p'arrtcutiu Written Commitments
(4) Each of the :Cytairman, the President and Vlce 4Presidents pf.the Compar p in hereby authorized, for and on behalf of the Company todelegateIn writing any otherofUce'r of the Compam the 'authority to
execute, for and on behalf of the Company, under the Company's seal or otherwise, such Wntlen Commitments of the Company asi are specified in such written delegation. which specification may be by
general type or class of Written Commitments or by specification of one or more particular Wnuen Commitments. _
(5) The signatureof any9nicer another person executing Y Written Commitmentor apporntmenl or delegation pursuant to this Resolution and the seal of the Compam >4iay be affiyed by facsimile on arch
Written Comrhgmeni *r writ n appoyntment otdelegation - •
FURTHER RE$DLVCD ilia
hatUte forego rig Resolution shall not be deemed to bean exelusi a statemeiR::o ant
f the powers and authontyof officers employees and other persons to of act for and on behalf the
Company, and such o
ch Resolun shirt not limrtor otherwis9 aliect the exercise ofarty such power of aulttphty otherwise validly gred or tested r
Does hereby nominate col stitute appoin ;Brett R osenhaus :Charles D.Nielson . Charles J Nielson, David R Hoover .Edward M Clark, lan A Nipper Joseph P
!Catherine atherine S Gnmsley, Kevin R Wojtowicz, Laura D Mosholder, all of the City of MIAMI LAKES Florida,'each individually ifthere be more than one named,
; its true : :antk lawful attomey -in fact 1t make execute seat >and deliver on its behal and.::as its act;and deed any and` all, bonds :undertakings recognizances, contracts and
other writings rn: th r3atyt penalti not:exceed Tw enty million dollars & "zero ce ($20 0O0)and theexecunon of.such wrrtii gs in pursuance of
these presents shall:be as blinding upon said C ompany, as 'fully and amply as if they had been duly executer# "and acknowledged by the regularly eles>te l officers of the
... Company at it principal offtee ,
( EN WITN WHERLCSF; the said Nit . Haney; V)ce=President, has hereunto si bscitbed his name and •affixed •the Ctiiporate seal of the" said:•WVESTCHESTER
FIRE4NSURANC COit3PANY tilts 2t d a y trf Febr 2012.
. WESTC1IESTER,F.IRE INSURANCE COMPANY •
•;,r :_ 3 " "�" Y 1' t' i •
I w .. LO" itep$ten M. H ai cy vets t rc$ dt* b I
I I
I COMMONWEALTH OF PENNSYL : VANiA
I COUNTY OF PHILADELPHIA ss
On this 21 day of February, AD 2012 bef me a Notary Publ)e'oft Commonwealth of Penn sylvania in and to theCounty of PhiIadelph a ca rte
1 Stephen M. Haney Vice President of:t:he'W1 ;STCHES F IRE:IN$UR 1NCE COMPANY to me personally known to he the Individual and affiLer Who executed
the preceding instrument, and he acknowledged that he:executed the same and that the sail affixed to the preceding instrument is the:porporate seat of.SaldComparix
that the said corporate seal andhts signature wens dulyafxed by the authority and direction of the said corporation, and'that'Resolution.,adopted. by the Board o1
Directors of said Company, referred to in the preceding iiistrument,i now in
' IN TESTIMONY WJ?lEREOF I hay: hereunto.set my band and affixed my official seal at the City of Philadelphia the day and. year ffrstabove written.
` r f , am ; ' It tM01∎14%IBR
l Y - �, r. fit' aa,. t t r NlT ... O
i w . yap ..4;t4:,
/r�i 0,l��M�
! aJ � IFC :' y�t�
r s Y!!+ '444ir7 E'uTilr
I 1, the underglgned:Assistant: f tJ3
oe. WI STCHEST. F
ER [RE INSU:)[tANCE COMPANY do hereby certify that the original POW1: R OF A'170 RNbY of
g Is
which the faregoin a substantially true and correct:copy, is {n full force and effect.
In witness Whereof, 1 have h eretinto':.subscribed fry name as Assistant Secretary; and affixed the corporate Seal of the Corporation this : thy o
,, 7 ::::.:.. .. 1. .. i — w tn..n, t Kai y. 4aigor acrsirn I I • 1
THIS POWER OF ATTORNEY M .A: \ NOT 13E US)✓D TO EX ECUTE ANY BOND WITH ANU INCEPTION DATE'AFTER February 21 2414
1
• THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. al
4
i
'
a
NIELSON, HOOVER & COMPANY, INC.
PUBLIC WORKS BOND
■ IN COMPLIANCE WITH FLORIDA STATUTES 255.05 (1) (a)
BOND NO.: K08359519
LIJ Monroe county
CONTRACTOR NAME: Turk Construction, Inc. Facttiticas InAv
° CONTRACTOR ADDRESS
31 Ocean Reef Drive, Suite A3o1 APR i 2 20i2
Q Key Largo, Florida 33
TIME:
RECEIVED BY
CONTRACTOR PHONE NO.: 3 - 3 6 7 - 3044
N
o SURETY COMPANY: Westchester Fire Insurance Company
SURETY ADDRESS: 436 Walnut Street, P. O. Box moo
w
Philadelphia, PA 19106
SURETY PHONE NO.: 215 - 640 -1000
I U
Z
OWNER NAME: Monroe County Board of Cty. Commissioners
OWNER ADDRESS: 500 Whitehead Street
Key West, Florida 33040
w
OWNER PHONE NO.: 305 - 294-4641
o OBLIGEE NAME: Same as above
(If contracting entity is different from the owner, the contracting public entity)
_ w
z OBLIGEE ADDRESS: Same as above
s uJ
OBLIGEE PHONE NO.: Same as above
� w
CONTRACT NO.: (If applicable) N/A
PROJECT NAME: Const. of Dressing Rooms at the Murray E. Nelson Governmental
z and Cultural Center MMio2, Key Largo, FL
PROJECT LOCATION: Key Largo, Florida
LEGAL DESCRIPTION/ Various
STREET ADDRESS:
H
2 DESCRIPTION OF WORK: Various
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted
thereon.
8000 Governors Square Boulevard
Suite 101
Miami Lakes, FL 33016
P: 305.722.2663
F: 305.558.9650
www.nielsonbonds.com
THE AMERICAN INSTITUTE OF ARCHITECTS
a••n
k r
Bond No. K08359519
AIA Document A371
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Turk Construction, Inc.
(Here insert full name and address or legal title of Contractor)
31 Ocean Reef Drive, Suite A301 Key Largo FL 33037
as Principal, hereinafter called Contractor, and, Westchester Fire Insurance Company
(Here insert full name and address or legal title of Surety)
436 Walnut Street, P. O. Box 1000 Philadelphia PA 19106
as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County Board of County
Commissioners {Here insert full name and address or legal title of Owner)
500 Whitehead Street Key West FL 33040
as Obligee, hereinafter called Owner, in the amount of One Hundred Sixty Three Thousand One Hundred Ninety
Three Dollars and 00/100 Dollars ($ 163,193.00 ),
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 / S l , 2v < 2 - , entered into a contract with Owner
for
(Here insert ful name, address and description of project)
Construction of Dressing Rooms at the Murray E. Nelson Government and Cultural Center MM102, Key Largo,
Florida
in accordance with Drawings and Specifications prepared by Cvrri ,
l3 y /t/- r . /s /1/. A-
G/lCrry 1.4.4e4 / yG 3 5`/.1 5` (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 1
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or the contract or contracts of completion arranged under this
extension of time made by the Owner. paragraph) sufficient funds to pay the cost of completion Tess
the balance of the contract price; but not exceeding, including
Whenever Contractor shall be, and declared by Owner
other costs and damages for which the Surety may be liable
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety may hereunder, the amount set forth in the first paragraph hereof.
promptly remedy the default, or shall promptly The term "balance of the contract price," as used in this
paragraph, shall mean the total amount payable by Owner to
1) Complete the Contract in accordance with its terms Contractor under the Contract and any amendments thereto,
and conditions, or less the amount properly paid by Owner to Contractor.
2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the
accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final
determination by Surety of the lowest responsible bidder, payment under the Contract falls due.
or, if the Owner elects, upon determination by the Owner No right of action shall accrue on this bond to or for the
and the Surety jointly of the lowest responsible bidder, use of an
arrange for a contract between such bidder and Owner, any person or corporation other than the Owner named
herein n the heirs, executors, administrators or successors of
and make available as Work progresses (even though
there should be a default or a succession of defaults under the Owner.
Signed and sealed this day of
ATTEST: Turk Construction, Inc.
i . (Prir►cllsap (Seal) .
By: ,
rv v, SS)
By: V
(Trlle)
WITNESS: Westchester Fire Insurance Company
(Sty) 72L(Seal)
c ..." 4, ss)
Olga Iglesias By:
(Title)
Charles J. Nielson Attorney -in -Fact
AMA DOCUMENT A311 ' PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA ® 2
FEBRUARY1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, O.C. 20006
THE AMERICAN INSTITUTE OF ARCHITECTS
411"14
Bond No. K08359519
ALA Document A31 1
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Turk Construction, Inc.
(Here insert full name and address or legal title of Contractor)
31 Ocean Reef Drive, Suite A301 Key Largo FL 33037
as Principal, hereinafter called Principal, and, Westchester Fire Insurance Company •
(Here insert full name and address or legal title of Surety)
436 Walnut Street, P. O. Box 1000 Philadelphia PA 19106
as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County Board of County
Commissioners (Here insert full name and address or legal title of Owner)
500 Whitehead Street Key West FL 33040
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of One Hundred Sixty Three Thousand One Hundred Ninety Three Dollars and 00/100
(Here insert a sum equal to at least one -half of the contract price) Dollars ($ 163,193.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated /P'' & p/ ( 71- , entered into a contract with Owner
for
(Here insert full name, address rind description of project)
Construction of Dressing Rooms at the Murray E. Nelson Government and Cultural Center MM102, Key Largo,
•
Florida
in accordance_ with Drawings and Specifications prepared b L� v ✓r C 4 � t-j 4
�, N �� / �� ��G / (Here insert full name a!(d address or gal�chtect)
_ , 35W 4- i
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.C. 20006
1
•
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
1. A claimant is defined as one having a direct and the name of the party to whom the materials were
contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or
Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the
required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid,
and material being construed to include that part of water, in an envelope addressed to the Principal, Owner or Surety,
gas, power, light, heat, oil, gasoline, telephone service or at any place where an office is regularly maintained for the
rental of equipment directly applicable to the Contract. transaction of business, or served in any manner in which
2. The above named Principal and Surety hereby jointly leg& process may be served in the state in which the
and severally agree with the Owner that every claimant as aforesaid project is located, save that such service need not
herein defined, who has not been paid in full before the be made by a public officer.
expiration of a period of ninety (90) days after the date on b) After the expiration of one (1) year following the date on
which the last of such claimant's work or labor was done or which principal ceased Work on said Contract, it being
performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied in this
may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction
prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so
as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted
The owner shall not be liable for the payment of any costs by such law.
or expenses of any such suit.
c) Other than in state court of competent jurisdiction in
3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state
any claimant: in which the Project, or any part thereof, is situated, or in
a) Unless claimant, other than one having a direct the United States District Court for the district in which the
contract with the Principal, shall have given written notice to Project, or any part thereof, is situated, and not elsewhere.
any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and
Surety above named, within ninety (90) days after such to the extent of any payment or payments made in good
claimant did or performed the last of the work or labor, or faith hereunder, inclusive of the payment by Surety or
furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said
made, stating with substantial accuracy the amount improvement, whether or not claim for the amount of such
claimed lien be presented under and against this bond.
Signed and sealed this da of
ATTEST: / Turk Construction, Inc.
incipap (See)
By'
im
(Witness) / /
B: b�
(Title)
WITNESS: Westchester ' ire Insurance Com•an
(surety) (Seat)
(Witness) esiv
Olga Igles By:
13 POND IS HEREBY AMENDED SO THAT THE PROVISIONS AND (Title) -
Al c F P ECTION 255.05 OR SECTION 713.23 Charles J. Nielson
ORIDA ST! : rn, WHICHEVER IS APPLICABLE ABLE, ARE Attorney-in-Fact
T A
:.:u6tPC ;ATEO HEREIN BY REFERENCE. This bond is given to comply with section 255.05 Florida
Statutes, .:nd any action instituted by a claimant under this
bond for payment must be in accordance with the notice and
time limitation provisions in Section 255.05(2), Florida Statutes,
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C.20006
2
r
i
j Power of WI ;STCH I ' 1 S ER FIR INSURANCE COMPANY
• Attorney Know: all inen by • these pres I'hat WESTCHESTER FIRE INSURANCE COMPANY a corpor o f t h e Co mmonwea lth of Pem tsyhanta pursuant to the • fallowing Resoletion, adopted by the Board of Directors of th said Company on December 11, 20 to wit • i RESO that the fo 8uthon/ Uon :elat to the eaecuuon, for rind on behalf of the Compa of b onds undertal tugs recognvaiices, contracts and. othar:wntten comm t inenrs;of the Company
e nterer} into Iheerdiriary w or se of busme5s (each a 'W nit:COmm
(1) Each of rho falaifmati, the Prestdq i and the Vice Presidents of the Company is hereby authorized to evecute an Written Comimament for vid on be of tha •Compait> and r the•seaIof the Com pany or
otherwise. :::. • (2)
77:- ec d appoidted attorney irr fac4 9f the Coinpanv Is hereby s u th o. t o ecute ails•. W rittn Commitment for and en behalf of-the Cori pnm rai 7: : the' seal of the Compain or othenvfs:.. t Csent that " E • such acfitih is ay-. decd by ihe: grant ofpoi4ers provided for m such w ;appgrntment e as such attorney-in-fact
(3) Each of the l,ha ml• • an the Presrdem mid the Vice Presidents orthe Coinpai is he eby:auUtonzed. for and on behalf of the Company to appd to +s r1Uhg at ry person
(4)
the attomgt tirfnct of Ili i fompanv w ilh
full tttahpTJty to eyecii ,for and oil behalf d.Cthe Company:'undi the seal.d ?th.e Company or otherwise. such W nneit Commnm as may is e sp e if don sugh •rtri
sppoi Uh ic kis pectfcaliomittny • be by, general type' or class of writteb:Conmtltifiein or by specification of one or more parttcutae WriUen
Each of tFte C} � ai and on rinait, bealf of the the Presiden and Vi a Presidents:orihE •Comparip in hereby aulhorired, for and on behalf of the Company to deiegatein writing any otheroffice'r of the C`ompanv ( au tr pn r ru
execute, for h C.impanv, under the Company s seal or otherwise such Wnnen Commitments of the Company as are specified m such wntten defebation which specd�cation may be by
•
general type or class of Written Commitments or by specification of one or more partieulots, Written Commitments.
I
(5) •
WnThe signa C ture .. f anypni •
4 c r Oroappiher person executing any WrittenCommitineator appounment o tfu4egation pursuant to this Resolution and the seal of the Company >mav be afrryed by facsimile wi ar
fomr iImen r wnli i omlment o • FURTHER RE$I¢LVCD th the foregoing Resolution shall na be Seemed t o bean e'j Iusn a slateinent of the powers and authonty of off icers emplo };ees and o persons to a r 9 r anon behalf orths rrilil
I Company and such Resolution sh ll not lindt or otherwise:airect the' ercis9 of any s ueh p qr a uthpnty otherwise validly granted or t ested
I Does hereby nominate nstitute and appoint Brett Rosenhaus Charles D Ni elson Charles J Nielson, David R Hoover Edward M Clark, t an A N J oseph P
I Nielson, Katherine S Grimsley, Kevin R Wojtowicz Laura D Mosholder, all of the City of MIAMI LAKES, Florida, each individualiv ifthere be more than one named;
co "
I its true:.an lawful attomey m fact ttf make execute seal :and deliver on its behalf and as its act::and and all ifidertakings recognizances, contracts and
other itntings in the itattit t hereo f: ii l penalties not:exteeding;Twenty million &'ze ($20 000, OOOOO),:g of. nti tgs i n p ursuance of
1 these presents shall be as b upon said Company as fully and amply as if they dollars had be en c duly nts executed and acknand owlethedged by xecut the regul such w arly el l led offi of the
Company at itsprtncipal offie
1 IN WITNESS WHEREOF; the said Stephen M. Haney Viceresident, has hereunto snbserrbed•:his name and affixed, the Corporate se' al of the said: WESTCHESTER
PIREINSURANCE COMPANY this 21 day'of februaif 2012.
WESTCHESTER.EIRE INSUR CNY
..,..*:' " #
" t"� ` $( M Nitareg , 'IC
Pre •
`>t
f COMMON \VE
4 COU O F PHILADELPHIA ss
I On this 21 day of February, D A 2 012 before lire a Notary Public 'of the Commonwealth of Pennsylvania in and for the County trt PhrledeEph a carne
I Stephen M. Haney VtCe President of :the WES'fCHEST. R I IRE:INSURANCE COMPANY to me personally known to be the individual aPnd a:tliter who executed
the preceding instrument asul heacktiotYledged that he executed the same and that the seal affixed to the preceding: instrument is the corporatee l ofsaid Gompan} I
that the said corporate seal and his sfgnatttte were duly axed fiy the authority and direction of the said corporairor and that Resolution,:adopted by the Board el
Directors of said Company,. referred to in the preceding :iristrusnent, is now, iii force
IN TES.T1islQNY WHEREOF I have: hereunto.set m . and affixed my official seal. at the City of Philadelphia the day and. year first ab ovs written.
I `' s jt. cal,�
E -•.-:- . .. 3 c "'3 ty :: ::. and cel11ii emv4tALtF1d I.►itN*YLM h Nr►,:
= 4.'2' 'e..4.: l':;:'1..' �{ry .. rip��aa��� ��LL
AFii�Yq, • �'ii�� ~4 3 Itllt#�iEll6llpEll: r
1
31itc4r: i��+
4. C � j 'Ywn7 PuriiK "�'
i i _ n Ta I •
1 the undersi Assista nt: secretary;of the.WLSTCHESTER FIRL iNSU:ktANCE COMPANY do h certify that tl)e original POWLR A RY of
which the forego ng is a substantial true aril co rrect • copr fut e and e ffect. QF fTQNE
s
In witness w hereof 1 have hereunto subscribed Riy nam :.o.1.-.....'„', A Secretary; and affixed the corporate Seal of the Corpor th is thy of € •
I I
} ; wra am 1 FGal . . lM uRgpr7F E
•
al' 1
' THIS PO\ R OF ATTORN MA\ NOT 9E U SED TO EXECUTE ANY BOND WITH AN •INCEPTION DATE AFTER February21 2014 '
l
i
. - • • 7 ••• •••• ...„ . . i E
•
I.
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. •
i