BP-04-1307BUILDING
PERMIT APPLICATION
FBC 2001
Permit Type (circle):
Owner's Name (Fee Simp e ° °' u _ o der)
Owner's Address /1 30 A
Cit Th. 5 ?D State
Tenant/Lessee Name
Job Address (where the work is being done)
City Miami Shores Village
Is Building Historically Designated
Contractor's Company Name
Contractor's Address 7 P'l't /Ad 04..
Cit co ld- ( LiQ State
Qualifier D62\ 'Cr S '5Q
{M1
$ Value of Work Ft* This Permit
Type of Work: ❑ Audi
Describe Work:
Submittal F
Cgde Enforct $ .
Training/Education .Fee $
Miami Shores Village
Building Department
10050 N.E.2nd Avenue, Miami Shores, Florida 33138
Tel: (305) 795.2204 Fax: (305) 756.8972
Building
Electrical
/ley ff.
V �03 AK
YES
3o bbb
Permit Fee $
County Miami Dade Zip
pit
FL-
* * ** * * * * * *, * * * * * * * * * * ** *F * * * * * * * * * * * * * * ** * * * * *,* ** * ** **
teration w ❑ Repair/Replace
PCez c R.,(2_60-1 1)f
N /L " ft) 5 LPG L trya - t
300
bi
Notary $
Scanning $ -60 Radon
Structural Plan Review. $ 4 iv
Ot'al Fee Now Due $
(Co ntinued on opposite side)
Zoning
Zip 3 3 a I
Phone #
Zip 371341
Permit No.
Master Permit No. 13(2 ' f/3
Plumbing Mechanical Roofm
Phone # 1 519 -
36g 2E1
Phone # „ �z'.� ` <, it 5 —6 rl '
State Certificate or Registration No. Certificate of Competency No.
Architect/Engineer's Name (if applicable) eLfi . Phone # 0.V
Square Footage Of Work: L -5)
Bond $
emolition
CCF $ — - 7 CO/CC
Technology Fee $ /( 570
Bonding Company's Name (if applicable) 1\1/1
Bonding Company's Address
City State Zip
Mortgage Lender's Name (if applicable) 0
Mortgage Lender's Address
City State Zip
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has
commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating
construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS,
WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS and AIR CONDITIONERS, ETC
OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all
applicable laws regulating construction and zoning.
"WARNING TO OWNER YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT."
Notice to Applicant: As a condition to the issuance of a building permit with an estimated value exceeding $2500, the applicant must
promise in good faith that a copy of the notice of commencement and construction lien law brochure will be delivered to the person
whose property is subject to attachment. Also, a certified copy of the recorded notice of commencement must be posted at the job site
for the first inspection which occurs seven (7) days after the building permit is issued In the absence of such posted notice, the
inspection will not be approved and a reinspection fee will be charged.
f ,fa eta-a 1 U !v &yeas 17
Signature
Owner or Agent s ow V / Fence (.6.� Contractor
The foregoing instrument was acknowledged before me this / The foregoing instrument was acknowledged before me this
day of O Y , 20 of , by f a. �.0 L , day of , 20 , by
- who is personally known to me or who has 6 roduced who is personally known to me or who has produced
As identification and who did take an oath. as identification and who did take an oath.
NOTARY P :. IC:
Sign:
Print:
Cho 05/13/03
r.hnryl Saida Gerber
My Commission Expires: • My Commission D13090832
APPLICATION APPROVED BY:
Signature
NOTARY PUBLIC:
Sign:
Print:
My Commission Expires:
* i Expires May 9®. 2908
***************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
l d f
2-/0 4- 5 ; /'-4 iPians Examiner
Engineer
Zoning
Miami Shores Village
10050 NE 2nd Avenue
Phone: 305 - 795 -2204 Permit Number: BP2004 -1307
Printed: 10 /14/2004
Applicant: BARRY
Owner: UNIVERSITY
JOB ADDRESS: 140
N.W. 115
Contractor BEAUCHAMP CONSTRUCTION CO INC Contractor's Address: 247 MINORCA AVE
Local Phone: 305 - 445 - 0819
Parcel # PARC2004 - 8
Legal Description:
Fees:
FEE2004 -10124
FEE2004 -10125
FEE2004 -10126
FEE2004 -10127
FEE2004 -10128
Description
Building Fee
Training and Education Fee
Technology Fee
Scanning Fee
Structural Fee
Total Fees:
Amount
$300.00
$6.00
$7.50
$60.00
$50.00
$423:50
Total Fees: $423.50
Total Receipts: $423.50
Cck`c
Permit Status: APPLIED Permit Expiration: 3/30/2005 Construction Value: $30,000.00
Work: DIG AD PLACE REBAR FOR FOUNDATION. PLACE BLOCKS UP TO SLAB ELEVATION ONLY
Signed:
(INSPECTOR)
Building Permit
UNIVERSITY
BARRY
ST.
Page 1 of 1
In consideration of the issuance to me of this permit, I agree to perform the work covered hereunder in compliance with all ordinances and regulations pertaining thereto and in strict
conformity with the plans, drawings, statements or specifications submitted to the proper authorities of Miami Shores Village. In accepting this permit I assume responisibility for all work
done by either myself, my agent, servants or employes.
Signed: (Contractor or Builder) BY:
4
PREPARED BY/RETURN TO:
MARK E. RAYMOND, ESQ.
POST OFFICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
NOTICE OF COMMENCEMENT
1. Legal Description of property:
Miami Shores, FL 33161
C:%DOCUMENTS AND SETTINGSTULLOAIMY DOCUNIENTS\CONSTRUfTION PROJECTSIRESIDENCE HALLSWOTICE OF
CONS ENCEMENT1.DOC
1 111111 11111 1111 11111 11111 11111 11111 1111 1 111
CFN 200480870180
OR Bk 22706 Pss 2211 - 2227; (17pss
RECORDED 10/05/2004 14:21:21
HARVEY RUVIN, CLERK OF COURT
MIAMI -DADE COUNTY, FLORIDA
THE UNDERSIGNED •hereby gives-notice :that improvements will be made to certain real
property, and in accordance with Chapter 713, Florida Statutes, the following information is provided
in this Notice of Commencement. This notice shall be of no force and effect if construction is not
commenced within ninety (90) days of recordation.
See Exhibit A
Street Address of property: NW 115 Street Miami Shores FL
2. General description of improvements: Construction of 173 bed Student Residence
Facility — Phase II, including utility distribution, parking, storm drainage, site lighting
and landscaping.
3. Owner information
a. Name and address: Barry University, Inc.
Attn: Freddy Ulloa
11300 Northeast Second Avenue
b. Interest in property: Fee simple
c. Name and address of fee simple titleholder (if other than Owner):
4. Contractor: (name and address) Beauchamp Construction Company, Inc. 247 Minorca
Avenue, Coral Gables, FL 33134
a. Phone No.: 305 -445 -0819 b. Fax Number:
(Optional, if service by fax is acceptable)
5. Surety
a. Name and address: St. Paul Travelers Property Casualty Group, 1000 Legion Place,
Suite 1100, Orlando, FL 32801 -1026
b. Phone No.: 407 - 649 -2978 c. Fax Number:
(Optional, if service by fax is acceptable)
d. Amount of bond: $ 5,818,753
6. Lender: (name and address) Bank ofAmerica, N.A., 1111 East Main Street, 6th Floor, VA2-
300- 06 -17, Richmond, Virginia 23219 Attention: Ann M. Lewis
a. Phone No.: 804-788 -2216 b. Fax Number: 804 - 788 -2248
(Optional, if service by fax is acceptable)
7. Persons within the State of Florida designated by Owner upon whom notices or other
documents may be served as provided by Section 713.13(1)(a)7, Florida Statutes: (name and address)
a. Phone No.: b. Fax Number:
(Optional, if service by fax is acceptable)
8. In addition to himself, Owner designates Bank ofAmerica, N.A., 1111 East Main Street, 6th
Floor, VA2- 300- 06 -17, Richmond, Virginia 23219 Attention: Ann M. Lewis and Frank G. Burt,
Esq., Jorden Burt, LLP, 777 Brickell Avenue, Suite 500, Miami, FL 33131 to receive a copy of the
Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes.
a. Phone No.: 804 - 788 -2216 b. Fax Number: 804- 788 -2248
(Optional, if service by fax is acceptable)
C: \DOCUMENTS AND SETTINGS \FULLOA \LOCAL SETTINGS \TEMPORAR ' INTERNET FILES \OLK2 \NOTICE OF COMMENCEMENT1.DOC
9. Expiration date of notice of commencement (the expiration date is 1 year from the date of
recording unless a different date is specified)
Cneryl Saida Gelber
• My Commissian DD090832
aw� Expires May 08, 2008
OWNER:
BARRY UNIVERSITY, s►. C
Timothy Czerniec 1
Treasurer
ATTACHMENTS: (check if applicable)
X Legal Description, Exhibit "A"
X Bond, Exhibit "B" (a copy of Bond, if any, must be attached)
(MUST BE SIGNED BY OWNER.
NO ONE ELSE PERMITTED TO SIGN)
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
The foregoing instrument was acknowledged before me this day of C,�7: , 2004, by Timothy
Czerniec, who
✓is personally known to me, OR
has produced as identification.
NOTARY PUBLIC
C73
cy �
- `'.:
L'7 GOO WE War
C: \DOCUMENTS AND SETTINGS\ FULLOA\ LOCAL SETTINGS \TEMPORARy INTERNET FILES\OLK2\NOTICE OF COMMENCEMENT1.DOC
EXHIBIT "A"
REAL PROPERTY DESCRIPTION
The SW '/ of the NE ' of Section 36, Township 52 South, Range 41 East, lying and being in
Dade County, Florida.
C: \DOCUMENTS AND SETTINGS\FULLOA \LOCAL SETTINGS\TEMPORAR INTERNET FILES\OLK2 \NOTICE OF COMMENCEMENTI.DOC
C: \DOCUMENTS AND SETTINGS\FULLOA\LOCAL SETTINGS\TEMPORAI' INTERNET FILES\OLK2\N0TICE OF COMMENCEMENT1.DOC
CONTRACTOR (Name and Address):
Beauchamp Construction Co., Inc.
247 Minorca Ave.
Coral Gables, FL 33134
OWNER (Name and Address):
Barry University
11300 Northeast Second Ave.
Miami Shores, FL 33161
CONTRACTOR AS PRINCIPAL
Company:
Beauchamp Construction Co., Inc.
(Any additional signatures appear on page 3)
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NUMBER 104384766
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONSTRUCTION CONTRACT
Date: June 17, 2004
Amount $5,818,753.00
Description (Name and Location): Design /Build Barry University Student Residences -Phase II, Construction of a
172 -Bed Student Residence Facility, including Utility Distribution, Parking, Storm Drainage, Site Lighting and
Landscaping, 11300 Northeast Second Avenue, Miami Shores, Florida
BOND
Date (Not earlier than Construction Contract Date): September 23, 2004
Amount $5,818,753.00
Modifications to this Bond: None
(Corporate Seal)
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20008
THIRD PRINTING • MARCH 1987
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
SURETY
Company: (Corporate Seal)
Travelers CasS,rdit}y1and Surety Company of America
Signature: i , , ,G 1 Signature:
Name and Title: Name and Title: C arles Ni Ison, Camay -in -Fact
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE Architect, Engineer or
Nielson, Alter & Associates other party):
5979 NW 151 St., Ste 105
Miami Lakes, FL 33014 305 -822 -7800
CLEDK
\IN GOD Ve r osr
y l �' ,,• ��' ,••
fr Cc
None
c�+
12 -1984 1
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the
Construction Contract. If the Owner, the Contractor
and the Surety agree, the Contractor shall be allowed a
reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's
right, if any, subsequently to declare a Contractor
Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default;
or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
which it may be liable to the Owner and, as
soon as practicable after the amount is
determined, tender payment therefore to the
Owner or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if not liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators or successors.
8 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.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working or
within two years after the Sur- . jails to perform
its obligations under this 85:C- • � rt�t e"t/ Fccurs first. If
the provisions of this Par,
ar+a�vol • ohibited by
law, the minimum period4 miIata i ?, all 'i1 to sureties
as a defense in the di ,t .,_-� the su shall be
applicable. --
IN Goa YdE iGUSG,,
A 10 CG
A312 -1984
2
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not
as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the
Contractor of any amounts received or to be received
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
by the Owner in settlement of insurance or other
claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
• (Corporate Seal)
Signature:
Name and Title:
Address:
A312 -1984 3
executed concurrently with this rider, it is agreed that:
Barry University
in connection with a contract for:
Attest:
S -5344 (12 -99)
DUAL OBLIGEE RIDER
To be attached to and form a part of Performance Bond 104384766
Number
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Surety, and
Beauchamp Construction Co., Inc. , Principal,
for valuable consideration, hereby agree that the Subdivision bond executed in favor of
, Obligee,
Design/Build Barry University Student Residences -Phase II,
Construction of a 172 -Bed Student Residence Facility, including Utility
Distribution, Parking, Storm Drainage, Site Lighting and Landscaping,
11300 Northeast Second Avenue, Miami Shores, Florida
which bond and contract are made a part of hereof by reference, shall now include as an additional Obligee:
Bank ofAmerica, N.A, 1111 E Main St., 6 Floor, Richmond, VA 23113
in its capacity as Lender for the aforementioned project.
The Surety shall not be liable under this bond to the Obligees, or either of them, unless the said Obligees, or either of
them, shall make payments to the Principal or to the Surety, in case the Surety arranges for the completion of the
contract upon default of the Principal, strictly in accordance with the terms of said contract as to payments, and shall
perform all the other obligations to be performed under said contract at the time and in the manner therein set forth.
In no event shall the Surety be liable in the aggregate to both Obligees for more than the penal sum of its
Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the
Surety's election, any payment due to either Obligee may be made by its check issued jointly to both.
WITNESS the following signatures and seals this 23`' day of September
TRAVE ERS CASUALTY AND SURETY COMPANY OF AMERICA
By:
7
Beauchamp Construction Co., Inc.
Barry University
2004.
arles J. Nielson, Attorney -in -Fact
(05-04) Unlimited
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY - COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M.
Alter, David R. Hoover, of Miami Lakes, Florida, their true and lawful Attorneys) -in -Fact, with full power and authority hereby
conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole
signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and
to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-
in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of July, 2004.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
By -
George W. Thompson
Senior Vice President
On this 12th day of July, 2004 before me personally carne GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
rr\o�• e ttrAftwili
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CER III HATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 23rd day of
September ,2004.
By
Peter Schwartz
Senior Vice President
Travelers
ILT -1018 (2/03)
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2Q02 (the "Act "). The Act
establishes a short -term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrorism -
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your o I
premium, and is no more than one percent of your premiu
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NUMBER 104384766
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Beauchamp Construction Co., Inc.
247 Minorca Ave.
Coral Gables, FL 33134
OWNER (Name and Address):
Barry University
11300 Northeast Second Ave.
Miami Shores, FL 33161
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square
Hartford, CT 06183
CONSTRUCTION CONTRACT
Date: June 17, 2004
Amount: $5,818,753.00
Description (Name and Location): Design/Build Barry University Student Residences -Phase II, Construction of a
172 -Bed Student Residence Facility, including Utility Distribution, Parking, Storm Drainage, Site Lighting and
Landscaping, 11300 Northeast Second Avenue, Miami Shores, Florida
BOND
Date (Not earlier than Construction Contract Date): September 23, 2004
Amount $5,818,753.00
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Beauchamp Construction Co., Inc.
Signature:
Name and r itle:
(Any additional signatures appear on page 6)
None
SURETY
Company:
Travelers Cas
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
ty
X See Page 6
(Corporate Seal)
nd Surety Company of America
Signature: ` ?
Name and Title: Charles J. ielgon, Attorfiey -in -Fact
(FOR INFORMATION ONLY— Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
Nielson, Alter & Associates other party):
5979 NW 151 St., Ste 105
Miami Lakes, FL 33014 305 -822 -7800
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for
the payment for labor, materials or equipment fumished
for use in the performance of the Construction Contract,
provided the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor.
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last fumished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were fumished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of fumishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice fumished to the
Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
fumishing and the Owner accepting this Bond, they agree
that all funds eamed by the Contractor in the performance of
the Construction Contract are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the
cdmpletion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 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.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address
shown on the signature page.
13 When this Bond has been fumished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirements shall be
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this
A312 -1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly fumish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment
for use in the performance of the Contract. The intent
of this Bond shall be to include without limitation in the
terms labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
fumished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified -on the
signature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction
Contract or to perform and complete or comply
with the other terms thereof.
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 OR
SECTION 713.23 FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY
REFERENCE
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
(Corporate Seal)
Signature:
Name and Title:
Address:
A312 -1984 6
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly org% ni7ed under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the " Companies ") liath made, constituted and appointed, and do by these
presents make, constitute and appoint: Charles D. Nielson, Charles J. Nielson, Laura Lee Clymer, Mary C. Aceves, Warren M.
Alter, David R. Hoover, of Miami Lakes, Florida, their true and lawful Attomey(s) -in Fact, with full power and authority hereby
conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole
signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and
to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-
in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
(05_04) Unlimited
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT
•
OR Bk 22706 PG 2227
LAST PAGE
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of July, 2004.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
On this 12th day of July, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
CERIIHCATE
1, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this 23rd day of
September , 20 04.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
By
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
By
STATE OF FLORIDA, COUNTY OF DADE
1 kit=fa'Et Y CERTIFY that this is a true copy of the
ongtnal Ned in this office on day of
, A 0 20
WITNESS my hand and Official Seal.
HARVEY VIN, CLERK, of P and County Courts
By Asp D.C.
George W. Thompson
Senior Vice President
Peter Schwartz
Senior Vice President