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Bonds P.O. BoX 7f!f7. KEY WEsT, FLoRIDA 33041 . (30!5) 2~Seoe LBTT-BR OF TRANSMITTAL TO: Morrison-Knudsen-Gerrits DATE: June 13, 1990 P. O. Box 5283 JOB#: Kev West. FL. 33045 ATTN: Douli!: Fuller GENTLEMEN: WE ARE SENDING YOU XXX HEREWITH UNDER SEPARATE COVER COpy OF LETTER CHANGE ORDER SHOP DRAWINGS PLANS PRINTS SPECIFICATIONS OTHER: Performance Bond WITH REFERENCE TO YOUR LETTER DATED: COPIES SETS SUMMARY OF MATERIALS UV 1:1310 The enclosed bond is being transmitted by me for Advanced Structurel Inc. . = A ft I PI: PS 0"" THESE ARE TRANSMITTED as checked below: .O~ RUi FOR APPROVAL FOR YOUR USE XXX AS REQUESTED FOR REVIEW FOR BIDS DUE 19 . PRINTS RETURNED AFTER LOANS TO US REMARKS : COpy SENT TO: Job File SIGNED TITLE:Proiect Mana2er DATE: June 13. 1990 .-1lio . ~. .-'. - o. __ - -. - - ...-. ~-.;:.-:, .:--... ..~:: ~~; p.~<: ~:..:J --- "S_ r,-. 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':.Q ","C:6rwn~"ln; ;c~a. ~reA~ '1"1 ../"~~'" . r "r..t:.'" 1:'."'" ., U 1'\ . ~ ::~ ^11HW30HI 153"OIW WOd3 1: "d 81:'6 866l"ttOli ..... ........; :::~ , ( I t, : , :. .... .. . . . ......... ......-.-. .. . . .- . . l~.,~.::/.Sc~ lll!:39 W-l-i= t.,;/w j"'~':.~:::;~:ti. f"-'C. " .:~~~'!:a :;:..:~ J,L~" .YI",,.....ct.1 ~t,.&\tO~1 J ~2. I-n :c:~ I I .... .. .. ..... .. ...... ..- --.---. P.elOi! ~~~ 6'$13 :7~4C Copl.. Of tho Clreu1.r .~y ~. Ob.. Otd fro~ 1'. $.r"r Iran'h. '1n<<nc. Olv1.ion. '1~~c1a' ~&~I;'~nt $~rf1e.t C.~lrt~~~~ of the ir.&,~r~. WI'~fnat~n, C 2e2i7, .i9~hQ~. . (202) 21~..s.21. ~a " MUrch." .... r.t A.'~'~lnt eQ~1.afQ~.fl FfMAncia' ~A~A..~a~ OATEO: DEe h', 1~89 . . d 6S:16 8661'.Z'SO ;c. . I ~no I eC/:'l~t.rQ~1.'" ~orvlc.1 I I ^!IHW30HI !S3MOIW wo~~ THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A311 Performance Bond Bond No. NB-42152 KNOW ALL MEN BY THESE PRESENTS: that 550 SW 3rd Avenue Florida City, FL 33034 Advanced Structures, Inc. . (Here insert full n~me ~nd ~ddress or lel~1 lille of Conlr~clor) as Principal, hereinaftp.r called Contractor, and, National American Insurance Company 5550 W. Touhy Avenue, Suite 400 (Here insert full n~me ~nd ~ddress or lel~llille 01 Surely' Skokie, IL 60077 as Surety, hereinafter called SuretY, are held and firmly bound unto Board of County Commissioners County of Monroe (Here inserllull n~me ~nd ~ddress or lepllille 01 Owner) Key West, FL 33040 as Obligee, hereinafter called . Owner, in the amount of Seven Hundred Fifty Thousand and No/lOO ------------------------------------------------------0ollars ($ 750,000.00 ), for the payment whereof Contractor and Surety bind themselyes, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated J an. 10, (Here inserl lull n~m., address ~nd clescriplion 01 project) Forty Six (46) Inmate Reduced Custody Modular Housing, Marathon, FL. 1990 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by Gonzalez & Taylor Architects . 412 Eaton S t: r e e t (Here inserl lull n~m. ~nd .ddress or lel~1 toile of Archllecll Key West:, FL 33040 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERfOR.\\....~CE BOND AND lABOR AND MATERIAL PAYMENT BOND . AlA ~ HBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS. 1715 NY. AVE.. N.W., WASHINGTON, D. C. 20006 1 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 extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 23rd day of defaults under the contract or contracts of completion arranged under this parJgraphl 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 Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. May 1990 Advanced Structures. Inc. lac.~ I Ti//(') National American Insurance IJ& A)~ f Ti//(') (UJ~ 44..." ISt'.h Pee ~. ek.CN T Companv 1s...1I rIa Delman Attorney-in-Fact AlA DOCUMENT AJlI . PERH)RM^NCE BOND AND l^BOR AND MATERIAL PAYMENT BOND . ^IA 8 rEBRU^RY 1'110 E1>.' THE AMERIC^N INSTITUTE OF ^RCHITECT~, 17J5 N.Y. AVE., N.W., WASHrNGTON, D. C. 20006 2 THE AMERICAN INSTITUTE OF.ARCHITECTS AlA Document A311 Labor and Material Payment Bond THIS BOND 15 ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond No. NB-42152 KNOW ALL MEN BY THESE PRESENTS: that Advanced Structures, Inc. 550 SW 3rd Avenue (Here inserl full nome ond oddress or 1egol t.lle 0; COnUOClor) Florida City, FL 33034 as Principal, hereinafter called Principal, and, National American Insurance Company 5550 W. Touhy Avenue, Suite 400 (Here inserl lull nome ond oddress or legollille 01 Surely) Skokie, 11 60077 as Surety, hereinafter called Surety, are held and firmly bound Count:y of Monroe Key West, FL 33040 unto Board of County Commissioners (Here inserl lull nome ond oddress or legol toile of Owner) as Obligee. hereinafter called Owner. for the use and benefit of claimants as hereinbelow defined. in the amount of Seven Hundred Fifty Thousand and No/100--------------------------________ -----~W.....~..__......~...l_&.Ml_..,. ~alf""*_IM_<.....__tHtee)----------- Dollars ($ 750,000.00 ), for the payment whereof Piincipal 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 (Here inserl lull name, address and descriplion 01 projecll Forty Six (46) Inmate Reduced Custody Modular Housing, Marathon, FL. J an. 10 , 1990 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by Gonzalez & Taylor Architect:s 412 Ea t: on S t r e e t (Here inserl lull nome and oddress or legol Ii lie 01 Architl!Cll Key West, FL 33040 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . A!A @ FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE Of ARCHITECTS. 17JS N.Y. AVE., N.W.. WASHINGTON, D. C. 20006 3 LABOR AND MATERIAL PAYMENT BOND /'I;OW, 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 fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power. right, heat, oil, gasoline. telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed. or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless clJimant, other thJn one having a direct contract with the Principal, shall have given written notice to any two of the following: .the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this 23rd day of ,~ -::;/ I:<u~ IW:t accuracy the amount claimed and the name of the party to whom the materials were furnished. or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid. in an envelope ad- dressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. b) After the expiration of ani! (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodIed in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. May 1990 1 (Tit/(.) ructures Inc. (PrinCIpal) (S~.IJ ~~.)~~~f National American Insurance I (Sur('ly) ,~/ 1l0tl!~~ Ila Delman Company ISc,o.1I lTil/,,) Attorney-in-Fact AlA DOCUMENT AJl1 . l'UrORMANCE BOND AND lABOR AND MATERIAl PAYMENT 80ND . AlA 8 FEBRUARY 1':170 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 171'; N.Y. AVE., N.W., WMHINGTON, D. C. 20006 4 STATE OF ILLI~OIS ) ) COl~TY OF COOK ) I, Julie A. Lutz , a Notary Public of Cook County, State of Illinois, do' hereby certify that Ila Delman Attorney-in-Fact of National American Insurance Company, who is persona:ly L.Own to ~e to"be the sa~e person whose name is subscribed to the foregoing instrument. appeared before me this day in person and acknowledged that he/she signed, sealed and delivered said instrument :or and on behalf of National !cerican Insurance Company for the uses and purposes therein set forth. Given under my h~nd and notarial seal at my office at Skokie, Illinois in said county. this 23rd day of Mav , 192!L-' A.D. My commission expires May 17. 1992 .. O:~i7:C;I/\L (",~' ".. !.~ g?~. t?'. ~~f:::- NOT. P~BLIC .;' . : /\. 1 ~ ~.~ n.'," " ~ljY C"""' '..l t__.: -""'....:...... ~~~-::~":..;.----::/~~~:.....::.:.-..--.......:'--........-.,,/.....-..'.....'-''''-/...':.. NATIONAL AMERICAN INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY PRINCIPAL Advanced Structures. rnc. EFFECTIVE DATE May 23. 1990 550 SW 3rd Avenue (STREET ADDRESS) Florida City (CITY) FL (STATE) 33034 (ZIP CODE) CONTRACT AMOUNT ---1150.000.00 AMOUNT OF BOND $ 750.000.00 POWER NO. NB 42152 NATIONAL AMERICAN INSURANCE COMPANY )1(. ~/~ W. Brent LaGere. Chairman &: Chief Executive Officer STATE OF OKLAHOMA) COUNTY OF LINCOLN ) SS: On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. ~ '-/J1 ~ Notary Public My Commission Expires Au~ust 30, 1991 STATE OF OKLAHOMA) COUNTY OF LINCOLN ) SS: I, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 23rd day of May ,1990 JlA<<f!.::!-~~ NB(I )0589