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HomeMy WebLinkAboutPhillips and Jordan - Performance and Payment Bond 2005 04 01 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S.Chapter 255.05(1)(a) BOND NO.: 104489340 ._... �..�� �P Infl�`lBorate: d CONTRACTOR NAME: Phillips Jordan, co„m CONTRACTOR ADDRESS: P. O. Drawer 604 nsville Robbi d ...............NC 28771 CONTRACTOR PHONE NO.: 828 479-3371 SURETY COMPANY: Travelers Casualty and Surei y Com)any of America One Tower Square Hartford,Connecticut 06183 SURETY AGENT: m SurelNN Agency, LLC 20 South Spruce StrqLet Su ite 30 1 Asheville„N. C. 28801 SURETY AGENT PHONE NO.: 828-236-1,000 OWNER NAME: City of Winter Springs, Florida OWNER ADDRESS: 1126 East State Road 434 _...Winter S � .__ ,Primes Florida 32708-2799 ............................................... . ........................................................................................ OWNER PHONE NO.: 407-327-1800 OBLIGEE NAME:afeontracting entity is different from owner,the contracting public entity) _._... OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOUNT: $114,500.00 CONTRACT NO.:afappheabie) DESCRIPTION OF WORK: Channel Obstruction Removal PROJECT ADDRESS: East Northeast of Little Lake Howell� Winter S pry inos Florida LEGAL DESCRIPTION: Site 3 -East Northeast of Little Lake Howell Winter S r g inks. Seminole County Florida 32708 FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be pre-printed thereon PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. 104489340 KNOW ALL MEN BY THESE PRESENTS: That Phillips and Jordan, Incorporated P. O. Drawer 604, Robbinsville, NC 28771 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called Contractor,and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety, hereinafter called Surety,are held firmly bound unto City of Winter Springs, Florida 1126 East State Road 434,Winter Springs, Florida 32708-2799 (Here insert full name and address or legal title of Owner) as Obligee, hereafter called Owner, in the amount of One hundred fourteen thousand five hundred and 00/100------------------------------------------------ ------------ Dollars($114,500.00 ),for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated April 1 2005 , entered into a contract with Owner for Channel Obstruction Removal,Site 3—East Northeast of Little Lake Howell Winter Springs, Florida in accordance with Drawings and Specifications prepared by Obligee (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such a contract between such bidder and Owner, and make available as that, if Contractor shall promptly and faithfully perform said Contract, Work progresses (even though there should be a default or a then this obligation shall be null and void; otherwise it shall remain in succession of defaults under the contract or contracts of completion full force and effect. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, The Surety hereby waives notice of any alteration or extension of time including other costs and damages for which the Surety may be liable made by the Owner. hereunder,the amount set forth in the first paragraph hereof. The term "balance of the contract Whenever Contractor shall be, and declared by Owner to be in default price", as used in this paragraph,shall mean the total amount payable under the Contract, the Owner having performed Owner's obligations by Owner to Contractor under the Contract and any amendments thereunder, the Surety may promptly remedy the default, or shall thereto, less the amount properly paid by Owner to Contractor. promptly Any suit under this bond must be instituted before the expiration of two 1) Complete the Contract in accordance with its terms and conditions, (2)years from the date on which final payment under the Contract falls due. or 2) Obtain a bid or bids for completing the Contract in accordance with No right of action shall accrue on this bond to or for the use of any its terms and conditions, and upon determination by Surety of the person or corporation other than the Owner named herein or the heirs, lowest responsible bidder, or, if the Owner elects, upon determination executors,administrators or successors of the Owner, by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 1st day of April 2005 — ...........� Phillips and...uor an, Incorporated .�incipal) (Seal) . _ ���... �. r 'E S (Witness) - .., . mm ('2_5...:............. (Title) TRAVELER�CASUALTY AND:S�VR y" OMPANY O MERICA Richard M.La Rue,Jr.,Florida LicenQReent B � A _. Agent aren K.Beard,Attorfiey-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311,February 1970 edition. S-1870-E (07-97) "Inquiries 828-236-1000" LABOR AND MATERIAL TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PAYMENT BOND Hartford, Connecticut 06183 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFULL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Phillips and Jordan, Incorporated P.O. Drawer 604, Robbinsville,NC 28771 (Here insert full name and address or legal title of Contractor) as Principal,hereinafter called Principal,and,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,of Hartford,Connecticut,a corporation duly organized under the laws of the State of Connecticut,as Surety,hereinafter called Surety,are held firmly bound unto City of Winter Springs, Florida 1126 East State Road 434,Winter Springs,Florida 32708-2799 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner for the use and benefit of Claimants as hereinbelow defined,in the amount of One hundred fourteen thousand five hundred and 00/100--------------Dollars($u 114,500.00 ),for the payment whereof Principal and Surety bind themselves,their heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated April 1 2005 entered into a contract with Owner for Channel Obstruction Removal,Site 3—East Northeast of Little Lake Howell Winter Springs, Florida in accordance with Drawings and Specifications prepared by Obligee (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such materials were furnished,or for whom the work or labor was that, if Principal shall promptly make payment to all claimants as done or performed. Such notice shall be served by mailing the hereinafter defined, for all labor and material used or reasonably same by registered mail or certified mail,postage prepaid, in an required for use in the performance of the Contract,then this obligation envelope addressed to the Principal,Owner or Surety,at any shall be void; otherwise it shall remain in full force and effect, subject, place where an office is regularly maintained for the transaction however,to the following conditions: of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is 1) A claimant is defined as one having a direct contract with the located,save that such service need not be made by a public Principal or with a Subcontractor of the Principal for labor, material, or officer. both, used or reasonably required for use in the performance of the (b) After the expiration of one(1)year following the date on Contract, labor and material being construed to include that part of which Principal ceased Work on said Contract,it being understood, water, gas, power, light, heat, oil, gasoline, telephone service or rental however,that if any limitation embodied in this bond is of equipment directly applicable to the Contract. prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to 2) The above-named Principal and Surety hereby jointly and severally the minimum period of limitation permitted by such law. agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days (c) Other than in a state court of competent jurisdiction in and for after the date on which the last of such claimant's work or labor was the county or other political subdivision of the state in which the done or performed, or materials were furnished by such claimant, may Project,or any part thereof, is situated,or in the United States sue on this bond for the use of such claimant, prosecute the suit to final District Court for the district in which the Project,or any part judgment for such sum or sums as may be justly due claimant, and thereof, is situated,and not elsewhere. have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of 3) No suit or action shall be commenced hereunder by any claimant: the payment by Surety of mechanics'liens which may be filed of record (a) Unless claimant,other than one having a direct contract with against said improvement,whether or not claim for the amount of such the Principal,shall have given written notice to any two of the lien be presented under and against this bond. following: the Principal,the Owner,or the Surety above-named, within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the PhilliFs and Jordan,Incorporated (Principal) ncipal) (Seal) (Witness) CSeG B o r. ..... Title .................. )_ TRAVEL CASUALTY AND ET"� MPANY MERICA Richard M. La Rue,Jr., Florida Licensed R nt Agent aren K.Beard,Al ey-in-Fact Printed in cooperation with the American nstitute of Architects(AIA)by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311,February 1970 edition. S-1871-F(07-97) "Inquiries 828-236-1000" 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: Karen K. Beard, Wallace N. Hyde,of Asheville,North Carolina, their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,or,if the following line be filled in,within the area there designated 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 Attomeys-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 Attomeys-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 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. (8-97) STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (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 an insurer's 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 overall premium, and is no more than one percent of your premium. ILT-1018(9/04)