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<br />KNOW ALL MEN BY THESE PRESENTS: That we. Pios & Sons Enterprises, Inc.
<br />
<br />(Entity Name) havin~ its principal place of business at 320 Atlantic Avenue, Sunny Isles, Florida 33160
<br />(Bidding Office Street Address, City, State, Zip and Phone #) (hereinafter called Principal or Contractor) and Merdmnts Bnndin~ r~
<br />hereinafter called Surety), duly authorized to do business in the State of Florida, pursuant to the laws of the State of Florida, having its principal place
<br />of business at 6850 Austin Center Blvd.. Suite 200-Austin. TX 78731 (Home Office City, State, Zip) are held and firmly
<br />bound unto the State of Florida, in the full and lust sum of One Hundred Fortv Seven Thousand Two Hundred twenty five dollars
<br />and Thirty cents DOLLARS ($147,225.30 ), lawful
<br />money of the United States of America, to be paid to the Florida Department of Transportation, to which payment will and truly be made we bind
<br />ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and firmly by these presents; WHEREAS, the
<br />above-bound Principal has subscribed to a contract with the State of Florida Department of Transportation (hereinafter called the Department),
<br />to bear the date of July 1 6, 2002 , for constructing or otherwise improving a road(s), bridge(s), and building(s)
<br />Sealed bids are reQuested for the construction of a pedestrain crosslno at a point North of the intersection of State Road
<br />No. A1A (Collins Avenue) and Northeast 175th Terrance
<br />
<br />in Miami-Dade
<br />
<br />County(ies), particularly known as
<br />
<br />Federal Aid Proiect No(s).N/A
<br />Financial Proiect No(s).:409268-1-52-01 Contract No. E-6964
<br />(hereinafter called the Contract), upon certain terms and conditions in the Contract more particularly mentioned; and WHEREAS, it was one of the
<br />conditions of the award of the Department pursuant to which said Contract was entered into that these presents shall be executed; NOW,
<br />THEREFORE, the conditions of this obligation are such that if the above bound Principal shall in all respects comply with Sections 255.05 and 337.18,
<br />Florida Statutes, and shall promptly, faithfully, and fully perform the Contract according to plans and specifications as therein referred to and made a
<br />part thereof, and such alterations as may be made in said plans and specifications as provided for therein, and within the time period specified, and
<br />further, shall remedy any errors in partial or final estimates and any defects which may exist, appear, occur or result in or from said work within a period
<br />of two (2) years from the date of final acceptance of the work under such Contract, and further if such Contractor shall promptly make payment to all
<br />persons supplying labor, material. equipment, and supplies, and all persons defined in Section 713.01, Florida Statutes, whose claims derive directly or
<br />indirectly from the prosecution of the work provided for in said Contract, and promptly shall pay all State Workers' Compensation and Unemployment
<br />Compensation taxes incurred in the performance of the Contract, and shall be liable to the State in a civil action instituted by the Department or any
<br />officer of the State authorized in such cases for double any amount in money or property the State may lose or be overcharged or otherwise defrauded
<br />of, by reason of any wrongful or criminal act. if any, of the Contractor, its agents, and employees, and should the Contractor be declared to be in default
<br />under the Contract the Surety shall be obligated to pay the Department all liquidated damages assessed against the Contractor because of the default
<br />which were not withheld from Contract proceeds and the Department may at its sole option demand that the Surety take over the project and provide
<br />further that should the Department elect to have the Surety to take over the project. then In such event, the Surety may not select the Contractor or any
<br />affiliate of the Contractor to complete the project for and on behalf of the Surety without the Department's express consent. If the subject Contract
<br />required contractor qualification, under Section 337.14, Florida Statutes, or otherwise, the Surety must use a qualified contractor, who is approved by
<br />the Department. to perform the work. It is further covenanted and agreed that any alterations or additions made under this contract or in the work to be
<br />performed therein or the granting of any extension of time for the performance of the Contract or any other forbearance by or on the part of either the
<br />Department or the Principal shall not in any way release the Principal and the Surety or either of them, their respective heirs, executors, administrators,
<br />successors, or assigns, from any liability hereunder. Notice to the Surety of such alterations, extension, or forbearance is hereby specifically waived.
<br />This obligation shall remain in full force and effect until the full performance of all covenants, terms, and conditions herein stipulated.
<br />
<br />WITNESS the sionature of the orincioal (Contractor) and the sionature of the Surety bv Michael H. Burton its
<br />FL Resident Agent & Attorney-In-Fac t (Agent or Attorney-in-Fact) with the seals of said Principal and Surety hereunto affixed
<br />this 10th day of J1l1 y 2007
<br />
<br />Complete the following as appropriate
<br />
<br />
<br />(Seal)
<br />
<br />Authorized Signature:
<br />
<br />Name & Title (Print): Hector M. Ortiz, President
<br />
<br />'Signature:
<br />
<br />Name & Title (Print):
<br />
<br />'In the event of a Partnership both si~nature and printed name of 2 partners must be affixed.
<br />
<br />Organized and existing under the laws of the State of Aaida
<br />the laws of the State of FI .
<br />
<br />and authorized to do business in the State of Florida, pursuant to
<br />
<br />Countersi!:)ned:
<br />
<br />
<br />
<br />(Seal)
<br />
<br />esident Agent
<br />Print information below Florida Resident Agent ONLY; whether in
<br />Attorney-in-Fact or Countersignature role):
<br />
<br />By:
<br />
<br />Name: Michael H. Burton
<br />Business Address: 1820 N. University Dr. , Plantation, FL 33322
<br />Telephone: (954) 423-2311
<br />
<br />orney-in-F act (Surety)
<br />
<br />IXI Above Signatory is also Florida Resident Agent (check if applicable and
<br />complete business name, address and telephone number block; if not. have
<br />such an agent countersign and complete block)
<br />
<br />NOTE: Power of Attorney showing authority of Surety's Agent or
<br />Attorney-in-Fact is to be attached.
<br />~1~~i~~c~~~t~7~~. record this bond in the official records of the Clerk of Court of the county where the Improvement Is located prior to commencing the work in accordance with Section 255.05( 1 )(a),
<br />
<br />Send "Notices to Owner" to: Florida Department of Transportation,District 6, Construction Engineer, 1000 Northwest 111th Avenue, Miami, Fl
<br />33172. Phone # (305) 470-5100
<br />
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