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) .
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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
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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)