Loading...
HomeMy WebLinkAboutRecorded Payment BondINSTR # 114166173 Recorded 01/24/17 12:47:16 PM Broward County commission Deputy Clerk 5055 #1, 9 Pages Bond No. SSB0433055 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we. RF Environmental services, Inc. 4324 NE 21st Avenue, Fort Lauderdale, FL 33308, (954) 605-6711 1 as Principal, hereinafter called CONTRACTOR, and, Contractors Bonding and Insurance Company, 9025 N. Lindbergh Dr., Peoria, IL 61615, (800) 645-2402 as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Five Hundred Twenty Nine Thousand and 00/100ths Dollars ($ 529,000.00 ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. 16-20B WHEREAS, CONTRACTOR has entered into a Contract, 16-20B awarded the day of Bid No.: 20 , with OWNER for Greenleaf Filter Media Replacement. 7803 NW 61st Street, Tamarac, FL 33321 which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his 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 the CONTRACTOR and who has not received payment for his 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 the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. Owners Information: 0 7525 NW 88th Avenue Tamarac, FL 33321 (954) 597-3570 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), 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 do not affect the Surety's obligation under this Bond. Signed and sealed this 2oth day of January , 2017 !llttCtt}rd Ali N 4 oc•°� owr *-. wTetary �[ CS,,; { 0FIX SEAL) ��A�!►fBaaew^.stN�l� WITNESSES As Per Attached PQA - •�f6 1, Secretary; •�° • •'mott__ eye DV�PoRgr•.'E+� o. V .• ILLlN 1�,,,``,``�� IN THE PRESENCE OF: 7,&kA1 rf RF Environmental Services, Inc Principal Thaddeus Bucklev, Vice President By Si6nature and Tit Thaddeus Buckley, Vice President Type Name and Title signed above Contractors Bondine and Insurance Compan Surety Allyson Foss, Attorney -In -Fact & Florida Licensed Resident Agent By �m &IdilSignat e and Title Allyson Foss, Attorney -In -Fact & Florida Licensed Resident Agent Type Name and Title signed above INSURANCE COMPANY: Co tors Banding nd Insurance Company LIQ By Ag nt and Attorney -in -Fact Allyson Foss 9025 H. Lindbergh Dr. Address Peoria, IL 61615 City/State/Zip Code (800)645-2402 Telephone Inquiries: (321) 800-6594 ACKNOWLEDGMENT PAYMENT BOND State of Florida County of as On this the ` day of 20 1± before me, the undersigned Notary Public of the State of Florida, th regoing instrument was acknowledged by: Thaddeus Buckley (Name of Corporate Officer) RF Environmental Services, Inc. a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: P& Michel Le Mighty Notary Public State of Florida My Comm. Expires 10/20/2020 Commission No. GG 40632 Vice President , of (Title) `- Florida n . r� (State of Corporation) AS r� 1 y� rW.Itz (Name of Notary P�kfic: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or Pro uced identification: ,R,o (Typd of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, 444-4 e,C4 certify that I am the Secretary of the Corporation named as Principal in the foregoing eayment Bond; that Thaddeus Buckley who signed the Bond on behalf of the Principal, was then Vice President of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said:_Bond was duly signed, sealed and attested to on behalf of said Corporation by ��Wfhonty 0`, #s governing body. Z\ 14,Qll � Pm Pf4t 0 .' }l�i.,,.;tY11f 1}34utiti RF Environmental Services Inc. (Name of Corporation) Bond No. SSB0433055 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, RF Environmental Services, Inc. 4324 NE 21st Avenue, Fort Lauderdale, FL 33308, (954) 605-6711 as Principal, hereinafter called CONTRACTOR, and, Contractors Bonding and Insurance Company, 9025 N. Lindbergh Dr., Peoria, IL 61615, (800) 645-2402 as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Five Hundred Twenty Nine Thousand and 00/100ths Dollars, ($ 529,000.00 ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, 16-20B Bid No. 16-20B Project awarded the day of , 20 , with OWNER for Greenleaf Filter Media Replacement, 7803 NW 61st Street, Tamarac, FL 33321 Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: Fully performs the Contract between the CONTRACTOR and the OWNER dated December 20 2016 for the Greenleaf Filter Media Replacement within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. 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. 4.1 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: 4.2 Complete the Contract in accordance with its terms and conditions; or 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon Owners Information: determination by the OWNER and Surety jointly of the best, lowest, qualified, 7525 NW 88th Avenue responsible and responsive Bidder, arrange for a contract between such Tam(954) 5 7-3570321 Bidder and OWNER, and make available as work progresses even though (954) 597-3570 p g ( g 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 OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. 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 and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), 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 do not affect Surety's obligation under this Bond. Signed and sealed this loth day of _January , 2017 WITNESSES -'� .......... �.�~ (AFFIX SEAL) WITNESSES As Per Attached Power of Attorne Secretary IU",lw 0%%G AND SEAL 0. r • 12.r- 14vi ejcP,4M Wn AL. 54V.y, 2J< . Principal i ype Name ana i ine signea above \/T. y. Contractors Bonding and Insurance Company Surety AUyson Foss, Attorney -In -Fact & Florida Licensed Resident Agent By aq Signatu a and Title Allyson Foss, Attorney -In -Fact & Florida Licensed Resident Agent Type Name and Title signed above IN THE PRESENCE OF: INSURANCE COMPANY: CoDAractors Bon(4g and Insurance Company iNff M1 By Age t and Attorney -in -Fact Allpson Foss 9025 H. Lindbergh Dr. Address Peoria, IL 61615 City/State/Zip Code {800)645-2402-2402 Telephone Inquiries: (321) 800-6594 CERTIFICATE AS TO PRINCIPAL 1, I'Ie certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that Thaddeus Buckley who signed the Bond on behalf of the Principal, was then vice President of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said authority of its governing body. RF Environmental Services, Inc. (Name of Corporation) A r ACKNOWLEDGMENT PERFORMANCE BOND State of County of Cr 2ht!," to On this the. day of lk l{ , 20a, before me, the undersigned Notary Public of the State of Florida, the for of instrument was acknowledged by: Thaddeus Buckley Vice President of (Name of Corporate Officer) (Title) w Ottt9 itLCk t. RF Environmental Services, Inc. a Florida (Name of Corporation) (State of Corporation)...,a corporation, on behalf of the corporation. X�z WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: u�NO, Poste AQ%W Le Mighty Notary PubMc Stabs of Florida My Comm. Exom 10/70/2020 Cmvrdssion No. GG 40632 V (/ ! � a 53 s-2Qa• NOTA Y PU LIC, TATE ` E #ra 4' it (Name of Notary Pylie- Int, Stamp, or Type as Commissioned) ❑ Personally known to me, or Prodced identification: s (type' . f Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath RLI ®cis an Ru company 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Jorge L. Bracamonte, Allyson Foss, jointly or severally in the City of Winter Park , State of Florida , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WANES$ WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 30th day of Janu, 2015. `�p\NG ANOIHS'•.J`JPpNCE.p'. .`OifyA oy .GOpP ORgr'.92n%?•OPPOR4 y'. SEAL = SEAL . State of Illinois 11 0° ? SS ILL. s 7C C 11N 0\S County of Peoria On this 30th day of January 2015 before me, a Notary Public, personally appeared Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in t�t%#?tth►bt+al',,Attomey, is now in force. In testimony whereof, I haye`i$�d1� 'ypand and the seal of the RLI Insurance Coin�y • aAd/ez CrActors Bonding and Insurance Company tly}S�j••i�►y_ _ �"--GL) ,fir RLI Insurance Company M. Bockler Notary Public Contractors Bonding and "OFFICIAL SEAL" Roy C. Die JACQUELINE M. BOCKLER / COMMISSION EXPIRES 01/14/18 SE L �s= •__ Company •�+► 0986725020212 _� A0059115