HomeMy WebLinkAbout26-03-ITB - Frazier Contracting Performance and Payment Bond3120260007390 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
BK: 3838 PG: 2226, 2/18/2026 10:17 AM
FLORIDA46 SURETY BONDS, INC* 620 N. 4Vyrnp�•Road, sum,
Malttand F13175i
407-76&7770
1W fax 407-7*7766
888-78&BOND R663)
lax 888-718.80ND 116631
www. Rork Sureylior &ccm
****NOTICE****
255.05 Florida Statutes requires that YOU, the Contractor,
RECORD ALL PUBLIC BONDS with the Clerk of the County
where the project is located, prior to commencement.
FAILURE TO PROPERLY RECORD A BOND may convert it
from a Statutory Bond to a Common Law Bond potentially
INVITING PREVIOUSLY EXCLUDED CLAIMANTS.
Legal precedent shows the Courts have ruled in favor of
Claimants against the Contractor where a bond has not been
properly recorded. We strongly encourage you to record your
bonds.
Attached is an EXTRA RECORDING COPY of your
Performance and Payment Bond. We will continue to send you
an extra original each time you request a bond.
Sincerely,
The FSB Team
91998-2017 Florida Surety Bonds, Inc. A# Rights Reserved
BK: 3838 PG: 2227
Public Work P-XWUM In 2 CEtltlti "1111
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 25&05 OR SECTION 713.23 FLORIDA STATUTES, AND
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) OR SECTION 713.23
FLORIDA STATUTES.
BOND NO: 2&103646-2
CONTRACTOR NAME: Frazier Contracting LLC
CONTRACTOR ADDRESS: 720 Maitland Avenue
Aftemonle Springs. FL 3,1701
CONTRACTOR PHONE NO: (40717W1157
SURETY COMPANY: United States Fire Insurance Comoanv
305 Madison Avenue
Morri3tawn. NJ 070W Phone No.: (973) 400-6800
OWNER NAME: City of Sebastian. Florida
OWNER ADDRESS: JUS Amin Street
Sebastian, FL 32968
OWNER PHONE NO.: (772) 388-8231
OBLIGEE NAME: (If contracting
entity is different from the owner,
the conhacting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO..
BOND AMOUNT: $128,078.16
CONTRACT NO.: (If applicable)
DESCRIPTION OF WORK: 26-034TB. Police Deaartment Tile Roof Replacement
PROJECT LOCATION: Sebastian Police Department,1201 Main St, Sebastian, FL 32958
LEGAL DESCRIPTION:
(If applicable)
OBLIGEE ADDRESS:
MODIFICATIONS:
FRON I PAGE
All other bond Me(s) are deemed submquent to this page regardless of any page number(*) that may be printed them.
BK: 3838 PG: 2228
The attached Statutory Cover Page forms and becomes a part of this bond.
Executed in 2 Counterparts
Bond No. 608-103848-2 PERFORMANCE BON2
BY THIS BOND, We Frazier Contacting LLC as
Principal, hereinafter called Contractor, and United States Fire insurance Company , as
Surety, are bound to the City of Sebastian, Florida, as Obligee, hereinafter called City, in
the amount Of One Hundred Twenty -Eight Thousand` Dollars t$128,078.18—j for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract. 26-03-
ITB - Policy Department Tile Roof Reolacapj2nL awarded the 2e day of January.
2926, with City which Contract Documents are by reference incorporated herein and
made a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract",
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of Police
Department Tile Roof Replacement, the Contract being made a part of this Bond by
reference, at the times and in the manner prescribed in the Contract; and
2. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees,
including appellate proceedings, that City sustains as a result of default by Contractor
under the Contract; and
3. Performs the guarantee of all Work and materials furnished under the Contract for the
time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS
IN FULL FORCE AND EFFECT.
4. Whenever Contractor shall be, and declared by City to be, in default under the
Contract, City having performed City obligations hereunder, the Surety may promptly
remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
4.2 Obtain a bid or bids for completing the Project in accordance with the terms and
conditions of the Contract, and upon determination by Surety of the lowest
responsible Bidder, or, if City elects, upon determination by City and Surety
' Seventy -Eight and le/100
BK: 3838 PG: 2229
jointly of the lowest responsible Bidder, arrange for a contract between such
Bidder and City, and make available as Work progresses (even though there
should be a default or a succession of defaults under the Contract or Contracts
of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract Price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the
amount set forth in the first paragraph hereof. The term "balance of the Contract
Price," as used in this paragraph, shall mean the total amount payable by City
to Contractor under the Contract and any amendments thereto, less the amount
property paid by City to Contractor.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract and that any changes do not affect Surety's obligation to
perform under this Bond. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related subcontracts, purchase
orders, and other obligations.
Signed and sealed this sth day of February , 2026.
BK: 3838 PG: 2230
WITNESS:
u 6�j .
(Secretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
Mea w fyedal, Witness
'Sophia Golecki, Witness
i
Migdiel Burgos, Witness
(Notary required for Contractor's Signature)
STATE OF i 10tic 4
CONTRACTOR:
Frazier Contracting LLC
(Name of Corporation)
(Signature)
Ac6m Sm,Vh owns -
(Print Name and Title)
INSURANCE COMPAN',Y:.,
United States F're Insurance ComparW�'
Jeffrey W. Reich`(Agen andAttorney-in-Fact)
FL Lic. Resident Ageht '
Address: 305 Madison Avenue
(Street)
Morristown, NJ 07960
(City/State/Zip Code)
Phone: 973-490-6600
'Inquiries: 407-786-7770
COUNTY OF aralna
J
The foregoing instrument was acknowledged before me, by means of V physical presence or
online notarization, this 17 day of F Monty .202G (year) by
Adam Sm*) who is �"er�sona�lry known to or who has produced
as identification and who did (did not) take an oath.
1,4 M (Signature of Notary Public)
An4 M41:1 Go r (Name of Notary — Typed, printed or stamped)
eNAunR,A(;(Lr:7 (Notary Seal / Serial Number)
Commission # HH 422516 (Date)
AE, • Expires duly 17, 2027
BK: 3838 PG: 2231
The attached Statutory Cover Page forms and becomes a part of this bond.
Executed in 2 Counterparts
Bond No. 608-103848-2 PAYM NT BOND
BY THIS BOND, We Frazier Contracting LLC , as
Principal, hereinafter called Contractor, and United States Fire Insurance Company , as
Surety, are bound to the City of Sebastian, Florida, as Obligee, hereinafter called City, in
the amount of One Hundred Twenty -Eight Thousand' Dollars ($128,078.18 ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into Contract No. 26-
349, for Eotice Deuartmgnt Tile Roof Reolacement awarded the 28ei day of
Januarv. 2026, with City which Contract are by reference incorporated herein and made
a part hereof, and specifically include provision for liquidated damages, and other
damages identified, and for the purposes of this Bond are hereafter referred to as the
"Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays City all losses, liquidated damages, expenses, costs, and attorney's fees
including appellate proceedings, that City sustains because of default by
Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)
for all labor, materials and supplies used directly or indirectly by Contractor in the
performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER. TO THE
FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with Contractor and who
has not received payment for its labor, materials, or supplies shall, within
forty-five (45) days after beginning to furnish labor, materials, or supplies
for the prosecution of the Work, furnish to Contractor a notice that he
Intends to look to the bond for protection.
2.2. A claimant who is not in privity with Contractor and who has not received
payment for its labor, materials, or supplies shall, within ninety (90) days
after performance of the labor or after complete delivery of the materials
" Seventy -Eight and 161100
BK: 3838 PG: 2232
or supplies, deliver to Contractor and to the Surety, written notice of the
performance of the labor or delivery of the materials or supplies and of the
nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
Contractor or the Surety unless the notices stated under the preceding
conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
longer of the applicable Notice and Time Limitations provisions prescribed
in Section 255.05(2), or Section 96-11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's obligation
under this Bond.
Signed and sealed this 6th day of February , 2026.
BK: 3838 PG: 2233
WITNESS:
rW-111ja 6-
(Secretary)
(CORPORATE SEAL)
IN THE PRESENCE OF:
Mejadow, Medal, Witness
ophia Golecki, Witness
Migdiel Burgos, Witness
(Notary required for Contractor's Signature)
STATE OF0 a
COUNTY OF grange
CONTRACTOR:
Frazier Contracting LLC
(Name of Corporation)
Y.
(Signature)
Mar, sm*) Ownef i
(Print Name and Title) ,
INSURANCE COMPANY-
; {
United States Fire Insurance Company-, C i
Jeffrey W. Rerd ktorney-in act)
FL Lic. Resident Agent
Address: 305 Madison Avenue
(Street)
Morristown, NJ 07960
(CitylStatelZip Code)
Phone: 973-490-6600
*Inquiries: 407 -786-7 770
The foregoing instrument was acknowledged before me, by means of _./L physical presence or
online notarization, this 17 day of_-JI�ruar 202(o (year) by
AAIM wh ersonally known to a or who has produced
/ / as identification and who did (did not) take an oath.
tea Gorr , (Signature of Notary Public)
Am lAunq Go Cz. (Name of Notary — Typed, printed or stamped)
t*RY Poe, . q. Ie ueote!_nuC7 (Notary Seat / Serial Number)
Commission # HH 422516 (Date)
~�FOF FL�p Expires July 17, 2027
BK: 3838 PG: 2234
PO11TR OF ATiOR.NEY
UNITED .STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE MOMUSTOWN. NEW JERSEY
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurutce Company. a corporation duly organized and existing under the laws of the
state of Delaware. has ruade. constituted mud appointed. and does hereby matte, constitute and appoint: Jeffrey W. Reich
each. its true and lawful Attomey(s)-ht-Fact, with full power and authority hereby conferred in its ittime, place and stead. to execute. acknowledge and
j deliver: Any and all bonds and undoakings of stately and other doctauetlts that the ordinary course of surety business airy require. mid to bind United Slates
Fire Insurance Conylany thereby as fully and to die saute extent as if such bonds or undertakings had been duly executed and aclatowledged by the
regularly elected officers of United States Fire Insurance C'outpany at its principal office. in amounts or pewltics: Unlimited
This Power of Attorney limits the act of those narued therein to the bouds and undertakings specifically umued therein. and they have no authority to
bind United States Fire Insurance Co ipany except in the tnatuner and to the extent therein stated.
Surely Was! No- 608-103646.2
principal: Frazier Contracting LLC
Oblfgca: City of Sebastian, Florida
This Power of Attorney is granted pursuant to Article lV of the By -Laws of United States Fire Insurance Company as now hl full force and effect.
and consistent will) Article RI thereof. which Articles provide. in pertinent part:
Article IV. Execution of lustrtuuents - Except as the Board of Directors may authorize by resolution. tine Chairnuur of file Board. President, any
Vice -President, any Assistant Vice President, flu Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
(a) to execute, affix the corporate seal manually or by facsitu le to. acknowledge. verify and deliver any contracts. obligations. insnwuents and
doctuuents whatsoever in comteclion with its business including. without liusiring llte foregoing. any bonds. guarantees, undertakings.
recognizartces. powers of attanley of revocations of any powers of attorney. stipulations. policies of insurance. deeds. leases. mortgages.
releases. satisfactions and agency agreements:
(b) to appoint, in writing. one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the
seal of the Corporation.
Article IN, Officers. Section .4.11. Facsinni[e Signatures. The signature of any officer authorized by the Corporation to sign any bonds.
guarantees. undertakings. recogtnizattces, stipulations. powers of attorney or revocatious of any powers of attorney and policies of insurance
issued by the Corporation tinny be printed. facsimile. lithographed or otherwise produced. In addition. if and as authorized by the Board of
Directors. dividend warrants or checks. or other autuerous instnuneuts similar to one another in form, stay be sighed by the facsittile signanire
or signatures, ligiograpined or otherwise produced. of such officer of officers of the Corporation as from lime to little ma
y ay be authorized to sign
such instruments on behalf of the Corporation. "lute Corporation may continue to use for the ptuposes herein stated the facsunile signature of
any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact drat he nuty have ceased to be
such at the tittle when such instr uuents shall be issued.
IN WITNESS WHEREOF. United states Fire htsimance C ontpauy has caused these presents to be sighed attd attested by its appropriate officer and
its corporate seat hereunto affixed this IBill day of November. 2024,
e
State of New Jersey I
County of Morris ;
l'\ITED STATES F�Iii L\S('RA\CE C'ONIPA\Y
Ntatth�w E .i:ubin. President
Chu this t Slh day of November. 2024. before rue. a Notary public of Cite State of New Jersey. came the above named officer of United Slates Fire
Insurance Company. to the personally known to be the individual and officer described herein. avid acknowledged that he exected the foregoing
instmmient and affixed the seal of United States Fire Insurance C'ortpany thereto by the authority of his office.
ETHAN SCHWARTZ
NOTARY PUBM 7-
STATE OC NEW JERSEY 1�
MYCI0 M =*MErtttuRCtiifL`><gi-i"f �!• :L s' f CyW " L �
COMMI MM 21=3171
Ethan Schwartz (Notary Public)
1. the ►mdenigued officer of United States Fire Insist ance Coutpauy, a Delaware corporation, do hereby certify that the original Power of Attorney of which
the foregoing is a fill[. true and correct copy is still in force turd effect and has not t>eerr revoked.
UNWITNESS %'HEREOF. I have Irrretmiq,eettitlj'11t(nd•attd affixed the corporate seal of United States Fire Insurance Contptany on the 6th day
of February 1o26 r' `�>,L I.V
1-\iTED STATES F[RE LNSURA.�CE C'O\IPANY
Nltchael t. ray. 5011orN ice Pt dent
N
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