HomeMy WebLinkAboutPerformance BondTHE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
The Nidy Company
P.O. Box 730
Sanford, F1 32772
as Principal, hereinafter called Contractor, and,
Washington International Insurance Company
Schaumburg, Illinois
Bond No.
Iflne inson lull nrm< and addrat or lept title of Camraclo4
(dere imut lull n+me and address or lead Idle of Surc tri
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Sebastian (Here Insert loll mmc and add,,,, or leg+l title of Ownc,)
Sebastian City Hall
1225 Main Street, Sebastian, F1 32958
as Obligee, hereinafter called Owner, in the amount of
One Hundred Fifty Two Thousand, Two Hundred Dollars ($ 152,222.91 ),
Twenty Two and 91/100
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 3 l9 7, entered into a contract with Owner for
(Here insert lull name, addrest and defulp .ct of project) l
Schumann Drive Tennis Courts and Associated Improvements
in accordance with Drawings and Specifications prepared by
Mere mscrl lull name and tddres or IcVl Llle of Architect!
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT Alit i'(RI (IRM\\(r BOND AND LABOR AND MAIIRIAL PAYMENT BOND • AIA 6
1(1114t:AR119'(110 • fill AMIRI( AN IWOUT( Of ARCHII(Clti, 1'11 N\' A\l.-N w,1YA\I IINI.I(1N, 0 C 20001,
NOW, THEREFORE. THE CONDITION Or THIS OBLIGATION is such that, if Contra ClOr shall promptly and faithfully perform
said Contract, then this obligation shall he 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 he in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
l) 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 Surely 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
defaults under the contract or contracts of completion
arranged under this para graphl 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 Surely 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.
The terms and. oanditiens sof Section 255.O5-florida Stat,te9,
as amended are fully Incorporated herein by reference,
.including, but not limited to, the notice and time limitation
Provisions as specifically outlined in Section255.O5(2), Florida
Statutes, as amended.
Signed and sealed this day of 19
D�Y�
The Nidy ComFaAY(PrinCipil) 5c+ry
r
(\\Q Ines$!
yon S. Nidy, P esident
�Washington International Insurance Company
ilia'_I&_
rcp7 lscill
��
(tan n
John S.
AIA DOCUMENT A311 • I'MOR\1ANC.E BOND ANO LA OR ANO MATERIA ,\WENT OONU ' AIA G
rE WARY 17:0 EO. • it lE AMERICA\ INSTITUTE, oT ARCI it TEC W., WASFIINGTON, D. C. MOG
AFEefnv'y-In-Fact &
Resident Agent
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
NOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the
ws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint
CHARLOTTE BRAKEBILL, FRANK B. FERGUSON, JOHN S. FOWLER, VICKI HORST, J. GREGORY MAC KENZIE
WILLIAM SCHAFFNER, AND CINDY S. BRODIE EACH IN THEIR SEPARATE CAPACITY
true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
cognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or
rmitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,
all be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the
me has been duly executed and acknowledged by its President and its principal office.
,is Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation.
is Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July
1980 and October 21, 1986 which read, in part, as follows:
The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -
Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special
Attorneys -in -Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or
any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke
the authority given him. -
The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the
corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking retating thereto, by
facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed
in the ordinary course of business shall be valid and binding upon the Company.
TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed ano its corporate
-I to be affixed by its authorized officer, this 9th day of February, 1995.
r'r
%TE OF ILL OISj":, • -
JNTY O "• f "'��
W INGTON NTERNATIONAL INSURANCE COMPANY
t en .Anderson Vice•President
this 9th day of Febtuary,1.1.995, before me came the individual who executed the preceding instrument, to me personally know, and,
tg by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company;
t the seal affixed to said instrument is the Corporate Seal of said Company;
fESZID6r0WY-WHEREOF ;-t'Fiv qh re eNo set my hand and affixed my Official Seal, the day and year first above written.
"OFFICIAL SKA.L.
CHRISTINE tate Ct it 50
Notary PubGt, elate cl d. ao t
�fi Commissoa Fsp✓ 10-7`,!51 �C ing Zaretsky, N tary ublic
My Commission Expi as 0 ober 1996
LTIFICATE
ITE OF ILLINOIS)
JNTY OF COOK)
e undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, on ARIZONA Corporation, DO HEREBY CERTIFY
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111,
tion 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now
orce.
fed and sealed in the County of Cook. Dated,01 miNday of 19
Lewis M. Moeller, Secretary
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
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
Bond No
KNOW ALL MEN BY THESE PRESENTS: that
The Nidy Company
P.O. Box 730
Sanford, F1 32772
as Principal, hereinafter called Principal, and,
Washington International Insurance Company
Schaumburg, Illinois
72
pluc inlnrt full ,,me mJ addrrn or legal Idle of Contractoq
IH -le 1-1111 lull come and addre,, ar legal tide of Svrelyl
as Surety, hereinafter called Surety, are field and firmly bound unto
City of Sebastian IHere [nsett full name and add,,,s or legal lidc or Owneq
Sebastian City Hall
1225 Main Street, Sebastian, F1, 32958
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
One Hundred Fifty Two Thousand, Two Hundred
amount Of Twenty Two and 91/100
Were imell a rum equal to at Icnt one•hall or the enmract pricel Dollars (S 152,222,91 ),
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 /!%&4015 1991, entered into a contract with Owner for
(Here invert full name, address and dacripYon of project]
Schumann Drive Tennis Courts and Associated Improvements
in accordance with Drawings and Specifications prepared by
[Here inlerl lull name and addrns or legal Ude of Arahileal
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 PAYNIENT BOND , A -A O
FEBRUARY 1970 ED, • THE AMERICAN INSTITUIE OF ARCHITECTS, 173i N.Y. AVE., N W., WASHINGTON, D. C. 20006
LABOR AND MATERIAL PAYMENT BOND
NOW, THIRUORE, TII( CONDITION OF TIIES OIIIIGATION is such Ilia[, if Principal shall promptly makc•payment to all
claimants as hereinafter defined, for all labor and malerial 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
seater, gas, power, light, heal, 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 ninely (90)
days after the date on which the last of such claim.Inl's
work or labor seas 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 (or such sum or Burns 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.
7. No suit or action shall be commenced hereunder
by any claimant;
a) Unless claimant, other than tine having a direct
contract with the Principal, shall have given writicn
notice to any two of the following: the Principal, the
Owner, or the Surely above named, within ninety 1901
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, staling with substantial
Sf6pitYr f naYld5�a�1�1Tun�h�'l Se,ti„n 23:,.u5rinida St ...t.day of
as amended are fully Incorporated herein by reference,
Including, but not limited to, the notice and time limitation
provisions as specifically outlined in Section 255.05(2), Flurioa_
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 Surely, 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 sexed 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 one (1) year following the
date on v:hich 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 slate court of competent jurisdiction
in and for the county or other political subdivision of
the slate 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.
n. 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 Surely of
mechanics liens which may be filed of record against
said improvement, whether or not claim (or the amount
of such Gen be presented under and against this bond.
19
Statutes, as amended.
s T_he Nidv Company
- IPrine(paU 15e+n
l Witnt•r) 1
Lyn S. Nidy, Pr deem
( dnt I
AIA DOCUMENT A311 • ('(RfOR..MANC( BOND A
ItakUARY I'1711 (D , THE AMIRICAN INSTITUTE OF A
John S. Fowl r I
Attorney in act and Resident Agent
IAa OR AND MAI n( PAYMENT at1NO • AIA O
IICIS, TI Ii N (, N Y/., 1vA5111N(.IUN, D C 21x1.
LI
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
VOW ALL BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the
ws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint
CHARLOTTE BRAKEBILL, FRANK B. FERGUSON, JOHN S. FOWLER, VICKI HURST, J. GREGORY MAC KENZIE
WILLIAM SCHAFFNER. AND CINDY S. BRODIE EACH IN THEIR SEPARATE CAPACITY
true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
cognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or
rmitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,
all be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the
me has been duly executed and acknowledged by its President and its principal office.
.is Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation.
is Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July
1980 and October 21, 1986 which read, in part, as follows:
The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in -
Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special
Attorneys -in -Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or
any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke
the authority given him.
The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the
corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by
facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed
in the ordinary course of business shall be valid and binding upon the Company.
TESTIMONY WHEREOF, the Washington International Insurance Company has caused this instrument to be signed anci its corporate
I to be affixed by its authorized officer, this 9th day of February, 1995.
�. •r,•.... ; , 4a
jINGToN NTERNATIONALINSURANCE COMPANY
c.:r�:; ; .Anderson Vice -President
rr v
ITE OF ILLJQISj'r'r _i%
JNTY
this 9th day of Febfuary •1995, before me came the individual who executed the preceding instrument, to me personally know, and,
rg by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company;
t the seal affixed to said instrument is the Corporate Seal of said Company;
rESjtMa Y_WHI_RE,OP Y ia'vri hre eunto set my hand and affixed my Official Seal, the day and year first above written.
"OFFICIAL S.AL"' �Q
1 ZARE-SKY
Notary
atary Puha,. Ste:c cl
IhayCommission Exp:es 10'7 :� C Stine Zaretsky, Notary ublic
----�-r-^-'--'-"" "'�, My Commission Expi es O sober 1996
(TIFICATE
%TE OF ILLINOIS)
JNTY OF COOK)
e undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY
: the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111,
tion 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now
orce.
led and sealed in the County of Cook. Dated,016 _day of 19 _
7
Lewis M. Moeller, Secretary