HomeMy WebLinkAboutM.H. Williams Construction Labor and Material Payment Bond -1999 11 10i • •
THE AMERICAN INSTITUTE OF ARCHITECTS
~ fi'i~
Bond No. MB0332
AIA Document A311
Labor and Material Payment Bond
THIS BOND !$ ISSUED SIMUITANE0U5l.Y WITH PERFORMANC'c 80N0 IN FAVOR OF THE
OWNER CONDITIONED ON THE FUII ANO FAITHFUL PERFORMANC: OF THE CONTRACT
KNOW ALL MEN BY Ti .ESE PRESENTS: that M. H. Williams Construction, Inc.
(Here insert full name and address or legal title of Contractor)
2287 W. Eau Gallic Blvd., Suite ~, Melbourne, FL 32935
as Principal, hereinafter called Principal, and, Contractors Bonding and Insurance Company
iHere insert full name and address or legal title of Surety)
200 S. Harbor City Blvd., Suite 402, Melbourne, FL 32901
as Surety, hereinafter called Surety, are held and firmly bound unto The City of Winter Springs
(Here insert full name and address or legal utle of Owner)
1126 East S.R. 434, Winter Springs, FL 32708
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbeicw defined, in the
amount of Two Million Two Hundred Sixty Thousand Six Hund~e~ Ei~ty Nine and 00/104
;Here .n:ert a sum evual :o a :east one-half oI the contract price) ~ drs 2, 260, 689.00 '
for the payment whereof Princpal and Surety bind themselves, their heirs, exec:tcrs, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, M. H. Williams Construction, Inc.
Principal has by written agreement dated November 10 1999 ,entered into a contract with Owner for
!Here insert full acme, address and descnpuon of projecq
Park an?rovement project: Construct pavilions, ball fields, nature trails, playgrounds,
etc. Winter Springs, FL,
in accordance with Orawings ana Specifications prepared by Starmer Ranaldi Planning &
HHere insert full name and address ~r !e al atle of Architect)
Architecture, Inc. 890 Northern Way, Suite B-1, Winter Springs, FL 31708
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AIA DOCUMENT A]11 PERFOR~+nANCc 30ND ANO LA80R AND MATERIAL PAY,btENT 30N0 A!A J
FEBRUARY 1970 ED. • THE AMERIC,>N INSTITUTE OF .\RCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON, D. G ?1700ti 3
`NARNING: Unliernsed photocopying violates U.S. eapyrlght laws and is subject to legal ptosaeutton.
THE PROVISIONS AND IIMITATI0I~F
SECTION 255.05, OR SECTIQ~I~>~ A
(AS APPLICABLE), FLORIDA STATUTES AS
AMENDED, ARE INCORPORATED HEREIN
MATFfZfAL PAYMENT BOND
BY IbC~kREd+l~EFORE, THE CONpITtON OF TH s OBLIGATION is such that, if Principal shall promptly make payment to all
_ rtaim~ntc ~c ~prp;naftp, tie or and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally 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 after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. NO suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other thin one having a direct
contract with the Principal, shall have given written
notice to any two of the following: the Principal, the
Owner, or the Surety above named, within ninety (901
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
Signed and sealed this 10th
accuracy the amount claimed and the name of the parry
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail; postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (~) year following the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States district Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
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 the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
day o f November
1999
4 M. H. Williams Construction, Inc.
~^ (Principal) t5eau
,r'
i'
!Witness)
Michael H. Williams(;")resident
Contractors Bonding and Insurance Company
r ~~1L„ l JJ_iE9~y^`~~'„'-yl.~ ($urelyl ;Scale
~ }~ _ - W~Inetiti~
. Fallace, At~~Si~ney-in-fact
AIA DOCUMENT A311 PEKFORMANCE BOND nN0 InBOK aNp hL~TERIAL P.~YMENT 9ONp AIA ~
fEBRUAKY 1970 Et). • THE AMERI(:AN INSTITUTE Of i~RCHITECTS, 1715 N Y. ~1VE.. N.W., WnSHINGTON, o. C. 2(HHM 4
WAANING: Unlicensed photocopying violates U,S. copyright taws and is subjec! to legal prosecution.
,,' ~
~i
~~
N
BONDS
,,;, ~...: ~~•.. LIMITED POWER OF ATTORNEY
.; c
,,
/NSURANGE
~~;, ~: Not Valid for Bonds Power of Attorney
..::::: Executed On or After: i~utcx 31ST, cool Number: 573971
,,;~
~~
~~` . ~
,, ~::: A valid original of this document must be printed on security paper with black, blue, and red ink, and
:;~ must bear the raised seal of Contractors Bonding and Insurance Company (the "Company"). Only an
~~~~' ~ unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear
clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and
,,, :. delivery of the bond bearing the number indicated below, provided the bond is of the type indicated
~'~ below, and is valid only if the bond is executed on or before the date indicated above.
;`~
:,i~
%;
..
1rI30W ALL D~CN BY T&ES$ PREB$NTS, that the Company does hereby make, constitute
and appoint the following: ~TOHN P. FALLACE its true and lawful Attozaey(s)-in-
>:'act, with full power and authority hereby conferred 1n its name, plane and
bt,aad, to execute, acknowledge and deliver on behalf of the Company: (1) any
"eir-ll all bonds sad undertakiaga of suretyship given for any purpose, provided,
~c~wever, that no such parson shall be authorised to execute and deliver any
bond or undertaking that shall obligate the Company for any portion of the
'p~-na1 sum thereof is excess of $6,000,000, and provided, further, that no
.Attorney-in-Fact shall have the authority to issue a bid or proposal bond for
any project where, if a contract is awarded, any bond or undertaking would b®'
'required with penal sum in excess of $6,000,000; and (2) consents, releases and
~bther similar doaumenta required by an obligee under a contract bonded by the
C~ampany. This appointment is made under the authority of the Board of Directors
'`rat, he Company. ----------------------------------------------------
'~i
,,
~,
%~
%;
t~~
'~~
\\
~~~
;,,
%~
;,,
%~
~''~ • ~~ CERTIFICATE ~ ~ ''~~
,,,,~~~~.:;: I, the undersigned secretary of Contractors Bonding and Insurance Company, a .:: ~~,;,_,
,~ ~. Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full ~;'
~1 ~ force and effect and has not been revoked, and, furthermore, that the resolutions of the ~~
,,, ~~~ ~.~.: Board of Directors set forth on the reverse are now in full force and effect. ::.: ~~ ~,,
,,, ,,,.
.•111 ~/I,.
Bond Number I~0332
~.(vv~~ Signed and sealed this a of NnvPmher 19gg_ ,;?
,~~ ~;,
'~,, '• ~ Kevin L. Lybeck, Secretary ,~~.
':~ .;:
~•~'~ ~: CB1C • 1213 Valley Street • P. Box 9271 • Seattle, WA 98109-0271 ~'~~
~~ (206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX
~~;, PoaLPOA.02-US031296 ,;'~
;~ ,,.
!!iT.: ~::::]:: ~,::'.-_7C: 77C:77C ~__•...;.. =:7 :_:C~~C\7:::_ _[_. ~.3~:~G`~!
..
Corti ficc~te~ u~`-~~1(~~~re~~st~°~rr ~fa;c~ Ite~se~~~~~~~~r1s ~~ j~ ~it~l3oe~~~~l ~~ f llircctoi~s
I~he undersigned i'rt~~ie'e~~i ai~u 5~~~~r~ ~::r;~ r! i', :nt,~:r• ti~~~~, h~~ndi,R.~ an~.J Insur,~n~c (~~>mir,.n~~~ Ii~~~rehv certify that the
i'fesldent has•ilp}?1'~lil[t'i~ the' -1,fi~?' ~ ! ~":i=. ~ •I:'('..~eli {i{. ~~1C' 11?~11t `~Idl' t}i (if1S (li)t11'f 11~ aft{trlleV, UnlieC and i)y
the aUthol'ItV' ~?~ the ~t?~i(11111'.', r'"t 1.;~'~ ,.`.•~!~'~lt~1l ~> i~a.' I~+~3i(~ Ui i){I"t'~1~={~, !~t (ti~~lrack),_s )iolilhng and insUranCe
~.Ulllpan~' at a 111e('17E+t' ~h~ 1 Nil'iii ~ti°' j )a~, r~i3~)t' ~ `; a''~t +:
E~t`~l)j_~~ i~.i~, '~''-:1; :};, r i' !, i'it' '.~~.`11i, z ii ~, !I;A' ~sliC 1'fe~rdl't11, ~5l(r~'tal~?' OC ~lllA' ,~ss~Stant
~eCrCtilri', cl37t.i J11V ~ll.~il'r t,l3'-!i7`~t ~.' ~. ~ I~ ,~~ 1,, ~~',-.. .. ~~~ :illt~ic~r!/r,'t.~ ~~t, ,, i'ai~~it_~U~~1C ~)Uafd r('SO~nhon
d7ereahl'3 ~~.A:i;h~t~"i/4 ;' !~l';It-?~ t~ 1 ?I{)?~,• ~~ V,I~ aI Rtliilt <P3[S~IIii'15-lt1-1~.1C1. Ui" a~.;ents lb'It~l aUthol'Itl'
as ~il'tlned t>> ~I'lllit:~! <<1 ti? i~, ~,li _I~~~.'1;< t'1'1~~~.'[ i `i}_; t(~t <ipI<<~~Itltlllent In i'<ii h l~ati(.', RUC ~lnd flit heha~t of
tilC i.t)il~pan\.', lc. t ~ F'.fi~ ,,. it 11V't'r ;?'ib1 ,1,~ E. tilt Si'~li Clt i~?i' t ~iill(y<<il'~' tU hUnds, Undel~ta~IngS,
reCOgml.anie5, ;Ul~~ `~iltietV `~'!t1 !,~1~!!~allc7f;`~ O~ ,l"i ~~~;flih; <~nd flu'b' :~U~iiUl"V~'ti l)tticed' t)r ~'.111pioVee maV
ren~o~~c <u~~~ such ~itl«inc~~~-in-I.~~~l ter a,~cnt ,in~.l re~~ohe anS po~ti~rr of att~~rncy pre~~iously granted to
such person.
kZI~,SOl.Vl~.l) i~l'IZI~I fi~.l:., that airy' bond, und~~rtal.ing, recognizance, or suret~~ship ohligatic,n shall
he vali~E and binding up~>n the (:onipanv..
iil cti~hen si;~t~etf h~~ t ~~~~~ an!h«ri.~°ti OIhr~r ~}r I~.nipl~~~~ee ,uu; attested ;ii~d ~ealcd (il ~~ sail
(ii) ~t~iten ~,i~~ncd by the ~Authori<~ed Officer or Employee, and com~tersigned and sealed
I.t ~~ sc.7! !x~ rcctuirl_~th iw a dull aulhorii~ed atl~~rn~~b-ii fact ~~r agent; ~~r
(iii) ~~hen duf~~ ete<uti'd and sealed (it a tical he rc~yuii~edl h~~ onr or nnn-e attorneys-in-
tart i~r agents piirtiuant to anc! within the limits of the authorit~° ~°~~iilcnred by the
pt,~:~~er ut attorue~~ issued lie the (:ompanr~ to such person or persons.
RI~SOI.V(~,I) I~UIZ'II il'_R, that the sigi~alure of any Authorized ~)fliceror I~.mployee and the seal of
the C~.un~pany mat' he afii~cd h~~ facsiiuilc to any power of altr,rnc~~ or ccriiliration thereof authorizing
the executiot? and delivi~r~~ of am~ bond, undertal:it~g, recognizance, or other suretyship obligations of
the (:oiYipau~~ (uules> ~~tlier~~~isr specified in the iun~-er t~f attorney itself); and such signature and seal
til~hen so used shall have the ~.an~e f~~r~c~ and eflcct as though manually alfixed.
IZi~.S~ )I.VPI) Fl ~It'I~1 ~~,i~. tl ~t;t aE! pre~~ioi_~~ s~esoiuti~~,ns of thr heard o1 L>ircctors concerning mowers
~~1 attorn~~~.~ and ;;tt~~,~~t<~i~, i~~ (:,;! r~~r~~ain iii full t~~rre and etlect; that all forms of pobvers of attorney
prr~~iousi~~ ~~~r in ti~~~ lut~nd ~ i>+~ ",,'ii !>~, the ht~~°,rd of I ~ircct~~rs, in<_ludiug, but n~>t limited to, so called
"ia~ or lacsi?mile p~nti°cA~, ,,C ~I~.lrlln,'v~`, ~~~hR~r+_' tV;e entire po~~~er of attorney is a facsimile, remain in full
force ,Mel c!~_~~t; any! lh:~( ~>ne (u~ii: ~~f ;~ ;f,n-;~~~r of attorne~~ ~nriy 1>~~ attached to our bond (for example,
the ]~ini} l~zz ~~ hicl~ thi; r:_<:,;iczti~~i~ i~ ,~ p<zri ~na~,~ he~ attached to a hid bond), and anoU~er form of po~ti~er
t7i attC~rlll": ~~f_~i," IiC :t;t~t~ i?~ ~ (i , i -::'?i'i ?+)nd I I!1f l'\aEli~)Il', :! tali pi)bti~er cii attl)i'ney ITlay~ be attaCheli to
the !~rrfi `s~,~~i,~( sor ~, pr~~~~ ~ i ~;,~ ~,i~i~'~ the <liil-.~reni i~_~rn~ of po~~~er ~~.as attached to tht~ 1~i~1 h~~nd)
11'ItEiU(1t;!~1CCtli'`",zh<°~~ai~iil"~~~ i}pC'_~~!~'~A4'i'')iattt)f~net'tfrbond.
1'~: A~e~l i~`:1~.~;~~ 1~i if E~i ~ 1k~.. ~;~~~. ~~ ~~~~ ~ ~e~,liu~ anti h~~nraiice (;o~npany has caused then<_~ prescnis to he signed
I?~~ its in~~G:it!_~i'~1 ~~rrl ~-~~rrc! + ~,, ..~ ~ ~; ~ ~-, ~:!i ;~, he hen°unt~~ aifi::ecl this Ist day' <,fJau~i,iry, 1~~9~4.
-__v
-- l
~~~ - E~:~~in I_ I.~ix~cl:, scrrcLu~~~
5tat~' ~,J '.`, ;
l:ounir of h.iu};
~)n January lst, 1=1~~-f hrion~ nie. A(;,1,~~ _'?. i [ucisp~_~tli A~~lar~ Public, personally ai~peared Steycn ~. (;nines and Kevin L.
I.ybecl:, persunalh l~:n+~~<~n (~> tuc~ i<<!~e thc~ l,ers~~n; ~b~h~,se names are sul~~scril~ed l~, Ilm w°ithin instrunn~nt, and acl:nowl-
edged iG~ nie .±91 ih~tt i.u~~ ~.~ot~t4xl:,~1 ~iF~. ,arnr in :iu.~ir.i~~Ihori.~c'd cai~~aciues ~iud !h~iE 9w their signafure~ the crttity upon
hchall of bti~[?ici7 th~~~~ artecl c~sec7ii~~~.i Cl3t~ n,tilrti~ty,~11- _ _ _ _ _ __ _ _ __--
~~'fi'~f:S~ r~~y h.u~~_I :ins. ,~~ ,~ ,,
n
'~` . ~ -~-'~~ ~ 1 set;!)
'u! .~.
Of~1=tClAL SEAL
MOLLY A. HUDSPETH
Notary t uM~C - State of YMash~naton
My Comm~ssron Fees 1-9-01