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Home My WebLink AboutAl Bosgraaf and Sons, Inc. Labor and Materials Performance Bond Form -1998 02 27 BOND NO.: SEIFSU0261623 SECTION 00620 LABOR AND MATERIALS PAYMENT BOND FORM THIS INSTRUMENT WITNESSETH: That we (1) AI Bosgraaf & Sons, Inc. a (2) Corporation organized under the laws of the State of Florida and regularly authorized to do business in the State of (3) Florida as Principal, and we (4) International Fidelitv Insurance Company a (2) Corporation organized under the laws of the State of Florida and regularly authorized to do business in the State of (3) New Jersey as Surety, are held and firmly bound unto (5) City of Winter Springs, FL hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the penal sum of (6) Sixteen Thousand Five Hundred Forty and 00/100 Dollars ($ 16,540.00 ) lawful money of the United States, well and truly to be paid unto the said Owner, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents. WHEREAS, the said principal has entered into a written contract with the Owner dated for work designated as The West WRF Handrail located in 1126 East SR 434, Winter Springs, FL 32708 conformity with Contract Documents hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof; NOW THEREFORE, the condition of this obligation is such that if the Principal shall faithflllly satisfy all claims and demands incurred by the Principal of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making good any default by the Prin~ipal, and shall promptly make payment of prevailing wages to all persons supplying labor, equipment or materials for use in the prosecution of the work, whether by subcontractor or otherwise, and including all insurance premiums on said work as provided for in such Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that the Owner will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This bond shall remain in effect for a period of one year from the date of final acceptance. The Owner may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER ARE APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. (1) Contractor (2) Sole Proprietor, Partnership or Corporation (3) State in which project is located (4) Surety (5) Owner (6) 100 percent of the Contract 00620-1 IN WITNESS WHEREOF, this instrument is executed in several counterparts, each one of which shall be deemed an original, this the 27th day of February 1998. (SEAL) (2) By: Gerald Bosgraaf, Vice President (SEAL) By: April L. Lively Title: April L. Lively (Attorney in Fact & Florida Licensed Resident Agent) Inquiries: (407) 834-0022 (1) Contractor (2) Surety END OF SECTION 00620-2 . . A0007800003 TEL. (973) 624.7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 BOND NO. SEIFSU0261623 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey; does hereby constitute and appoint J.W. GUIGNARD, JEFFREY W. REICH, DEIDRE A. EICKSTAEDT, BRYCE R. GUIGNARD, M. GARY FRANCIS, APRIL L. LIVELY FL. its 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, contracts of indemnity and other writings obligatory in the nature thereof; which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article3-Section 3, of the By-Laws adopted by the Board of Directors of INTERNATI0NAL FIDELlTY INSURANCE COMPANY at a meeting called and held on the 7th day of February 1974. The President or any Vice President, Secretary or Assistant Secretary, shall have power and authorityhaYepow~raild auth<>i'fW (I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company rnay be affixed to any such power of attorney or any certificate relating thereto by facsimile; and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company andP()wer S()\l){l'l~utedand certifi.~l:lY facsimile signatures and facsimilesellrshalrl>~valid lnl,d.l:@~il:i~upon *~C:Qmpany in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSRANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, A.D. I99I. ... STATE OF NEW JERSEY County of Essex Norman R. Kountz Executive Vice President On this 1st day of June 1992, before me came the individual who executed the preceding instrument, to me personally known and being by me duly sworn,receding instnim~iit,t()mbperS0r111l1YkP(jwri;and, b~ingby said that he is therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that he said CorporateSeal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written, Sharon A. Ginsberg A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Sept. 8, 1998 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By- Laws of said Company as set forth in said Power of Attorney; with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY set my hand this day of 19 must be printed with black ink Maria M. Branco Assistant Secretary