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HomeMy WebLinkAboutPrime Construction Group Labor and Materials Payment Bond Form -2002 01 01• SECTION 00610 Bond~049SB 103331610BCM LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Prime Construction Group, Inc. (Name of CONTRACTOR) P.O. Box 590507, Orlando, FL 32859-0507 (Address of CONTRACTOR) a Corporation hereinafter after called (Corporation, Partnership or IndMdual) Principal, and Travelers Casualty & Surety Company of America (Name of Surety) P.O. Box 4992, Orlando, FL 32802 (Address of Surety) hereinafter called Surety, are hold and firmly bound unto the City of Winter Springs, hereinafter called OWNER, in the full and just Sum of Two hundred six thousand sixty-three DOLLARS, ($ 206,063.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, The sum shall not be less than one hundred ten percent (110%) of the Contract Price, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the OWNER, dated the day of ,and made a part hereof the construction of Southern Water Main Interconnect. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: ~ . This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. Therefore, 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 the CONTRACTOR with a notice that he intends to look to the Bond for protection. 00610-1 • • 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 completion of delivery of the Materials or supplies, or, with respect to rental equipment. within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materiais or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are seperate and distinct from each other. This Bonds shall remain in effect for at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. /1 IN WITNESS WHEREOF, this instrument is executed this the 20 ~ ATTEST: ~. r~ ~~ ~-~, (Principal) Secretary Thomas M. Perley Typed Name (CORPORATE SEAL) Prime Co (Principal) of , Inc By (Sign ire) Roy W. Smith Jr., President Typed Name an itle P.O. Box 590507 Address 00610-2 • Witness to Pri a Mark A. Allen Typed Name Witne~ ~ ci al P Cheryl Reimann Typed Name ATTE __ By ' (Surety) Secretary Robin Williams Typed Name (CO RATE SEAL) ,. 1 , ~1 ~ ~ Witness as to Surety Robin Williams Typed Name Qom a. ~.~ Witness as to Surety Paul A. Locascio Typed Name Orlando FL 32859-0507 City, State, Zip Travelers Casualty & Surety Company of America Surety 407-649-2738 407-649-2712 Telephone No. Facsimile No. B ` Atto -in-Fact & Fla. Resident Agent Benjamin H. French _ Typed Name P.O. Box 90027 Address Gainesville, FL 32607 City, State, Zip 352-374-7779 352-374-8179 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Payment Bond on behalf of Surety. END OF SECTION 00610-3