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HomeMy WebLinkAboutAccurate Power and Technology, Inc - Performance & Labor & Material Bond 964231701 - Pickleball Court Lighting Contrucation Agreement 2023 08 29www.altersurety.com August 299 2023 City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 ECEIVE SEP 13 2023 BY It LI`- RE: Accurate Power and Technology, Inc. Project: ITB #06-23-01 LH, Pickleball Court Lighting located in Centt al Winds Park in Winter Springs, Florida Bond No. 964231701 To Whom It May Concern: We have executed the enclosed bonds on behalf of the above captioned contractor in favor of the City of Winter Springs. Please notethat waas nohdat d and asdthe bonds follothe bonds orhw the contracPower ofttoth yey. The copy of the contract we receive should not be dated prior to the contract. Please accept this letter as authorization to date the enclosed Performance bond(s), Payment bond(s), and the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract date and fax a copy to our office at 305-328-4838 or email cristy@altersurety.com so that we can activate the bond coverage. Please do not hesitate to contact our office should you have any questions in this regard. Thank you. Your tr The Ohi Warren M. Alter, Attorney -in -Fact Insurance Company 5979 N.W. 151 st Street •Suite 202 •Miami Lakes, FL 33014 Phone:305-517-3803 Fax:305-328-4838 EXHIBIT A PERFORMANCE BOND FORM Bond No. 964231701 as Principal, whose address ANCE BOND, We Accurate Power and Technology, Inc. and BY THIS PERFORM and telephone number is (352) 735-82s5 441, Suite 101A, Eustis, Ft. 32726 and is 15519 West US Highway a Florida as Surety, whose address is 175 Berkele Street, Boston, MA 0211 The Ohio Casualty Insurance com an 5 are bound to the City Of Winter Springs, telephone number is (617) 357-9500 it the initial sum of $ ion as OWNER whose address is 1126 E. Stale Road 434, Winter Springs, municipal corpoi at , greater amount as the Florida 32708 and dtelephone number 10% of Contractlpidice), or such g en the Principal One Hundred Fifty six Seven Hundred Fort -five & 981100 156 745.98 Contract may be adjusted from time to time in accordance with the Contract between Con and OWNER) (the "Penal Sum"). , for EREAS, p u court �i htin project in the City of Winter WH the Princi al has executed a contractleba with the OWNER, date the construction of the ITB #06-2 the L P i of ect" ;and j ) Springs, Seminole County, Florida ( ierformance bond in accordance fur WHEREAS, the OWNER has required the PrinciContpal to ract withPr ncipal; and with law and as a condition of executing thebeingction 255005(1)� entered into to satisfy the requirementendeds of eand additionally, VMEREAS, this bond is Florida Statutes and the Contract referenced ea r than as oven as the by statutee emselves, to provide common law rights more expansive EFORE, the Surety and the Principal, both joint and severally, and for t NOW THER their heirs, administrators, executors, successors and assigns agree as fo ows: FULL INCORPORATED; SURETY AND PRINCIPALand made a part of this bond. L CONTRACT reference PERFORMANCE. The Contract bis infullfocorpr the performance of the Contract including The Surety and the Princip 11 of the Contract Documents (as defined in thhe Principal's andnd lSurtrac ety of °s without exception a terms and conditions, both express and implied. Without limitingiee0 obligations under the Contract and this bond, the Principal and Surety ag � tions and and faithfully perform their duties and all the covenants, terms, condecc iovisions, A. Promptly but not limited to the insura d in the obligations under the Contract mclrovnsons, in the time and manner prescribe guaranty period and the warranty p Agreement, and ex enses, costs es (liquidated or actual), p OWNER all losses, damages, delay damages ( q B. Pay Florida Statutes, including costs and attorneys and attorneys' fees under section 627.756, directly or indirectly from any breach or fees on appeal that OWNER sustains resulting y default by Principal under the Contract, and Pickleball Court Lighting Construction Agreement City of winter springs and Accurate Power and Technology Page 23 of 31 d demands incurred under the Contract, and fully indemnify and hold C. Satisfy all claims an suffer by reason or failure harmless the OWNER from all costs and damages which it may to do so. VIT OF CONTRACTOR BREACH OR D nFAUaL he f thncipalOWNER 2, OWNER'S AFFIDA shall provide to Surety the written affidavit of the OWNER stating g method for providing notices breach or default of the Contract, and that such breach or dein eanle remains uncured by the Principal, then upon delivery of such affidavit to Surety otify the OWNER in writing which as set forth in Paragraph 7 below, Surety must promptly action it will take as permitted in Paragraph 3. OWNER'S AFFIDAVIT OF DEFAULT. Upon the delivery of the OWNER's 3. SURETY'S OBLIGATION UPON DELIVERY OF ove the Surety CONTRACTOR'S BREACH rovided in Paragraph 2 ab affidavit of breach or default by the Principal as p days proceed to take one may promptly remedy the breach or default or must, within ten (10) y p' Y of the following courses of action: rrection of defective performance of the Contract includingen° loyees, approved as A. Proceed Itself. Complete tovided, however, that and nonconforming Work through its own CONTRACTORS o p being acceptable to the OWNER, in the OWNER'ssole will not be unreaon -reasonably OWNER's discretion in approving the Y qualified to offer a proposal withheld as to any CONTRACTOR who would withthePrincipals al. During this performance by P Contract and is not affiliated in any Y sand when they would the Surety, the OWNER will pay the Surety from its own fiends onlyas those sums as wool have been due and payable to the Principal under the Contract and payable to the Principal in the absence of ohn blue the OWNER under have been dueach or default not to e a p Ycs less any exceed the amount of the s performance ormancce ning by Suretyact , any payment bond required under the the Contract. During this pe Contract must remain in full force and effect; or Tender a le to B. Tend er a completing CONTRACTOR dlfillpinent and coop NonRof the Contract CONTRACTOR, together with a contact for u n leting CONTRACTOR, to the OWNER for the O TC E w executions otbe executed by the completing ualified to offer a OWNER's discretion to approve Surety's completing C unreasonably withheld as to airy CONTRACTOR who would have q contract and is not affiliated with the Principals OWNER's pprovethe tendered proposal on the CONTRACTOR approve CONTRACTOR as the completing Upon execution by the letin contract shall be in OWNER's sole and abcom completion f the Contract, the comp g c p payment OWNER of the contract for fulfillment an etformance bond and a separate p y CONTRACTOR must furnish to the OWNER a P l cost to complete the orm of those bonds previously furnished to tof he OWNER for the Project bond, each in the f by the Principal. Each such bond must be completing CONTRACTOR from in the Penal Sum its own funds and Contract. The OWNER will pay the to the Principal under the Contract those sums as would have been due and payable Pickleball Court Lighting Construction Agreement City of winter Springs Accurateand 3 IPower and Technology Page4 o a have been due and payable to the Principal in�alanbe less any sumsdue breach when they would a the or default not to exceed the amounToo iheeextent thag the OWNER is obligated tdue and o able to the OWNER under the Contract com leting CONTRACTOR sums which would not have been excess of the then remaining Contract P sum the CONTRACTOR under the Contract (any the Surety must pay s at the time the completing CONTRACTOR tenders balance less any sums due the OWNER under the Contract), in timely OWNER the full amount of those an invoice to the OWNER so that the OWNER can utilize those sums rn making payment to the completing CONTRACTOR, or performanceon not spent Te nder the Full Penal Sum without interest any unused porti C. . Tender to the OWNER the full Penal Sum of e bond. The OWNER will refund to the Surety letin CONTRACTOR or completing the by the OWNER Procuring and paying a comp g allowed under Section 4, after completion n sr Contract itself, plus the cost fulfillment and completion of the Contract and the expiration of ally applicable warranties; or d the Take other acts mutually agreed upon in writing by the OWNER an D. Other Acts. I' any Surety. E. IT SHALL BE NO DEFENSE TO SURETY'S CTIONOBLIGATIONT THE PRINCIPAL ONE OF THE PRECEDING IN RSESBREAO S DEFECT A DEFA LT OF THE CON vRA TI CONTENDS THAT IT IS NOT E9 OR OR THA T THE NOTICE OF BREACH OR DEFAULT WA PRINCIPAL HAS RAISED ANY OTHER CLAIM HAS RF. DEFENSE�V� THAT THE THE OFFSET, PROVIDED ONLY THAT THE SURI✓T SETOF THE OWNER AS SPECIFIED IN PARAGRAPH 2. AFFIDAVIT DITIONAL OBLIGATIONS. In addition to those duties forth expensesresult ng 4. SURETY S AD promptly pay the OWNER (1) all losses, the Surety must p without limitation, fees (including above, or default(s)5 including, expenses and from the Principal's breaches) his it and attorneys, p ( ) 's fees pursuant to section 627.756, FlorideSsing,tes survedy related costs , ex f attorney ENGINEERs, consultants, costs for architects, provided for in the Contract, for lost use o ver may be plus (iv) costs incurred at liquidated or actual whiche costs and fees and expenses, P rovided that in no the Project, plus (iii) re-p the direction, request, or as a result oft Penal Sum e acts or of this Bond1e Sure ; p event shall Surety's liability exceed the P notice of any Modifications to the 'S WAIVER OF NOTICE. The Surety waives f l an in the Contract Time, the Contract Sum, the amount of I' 5. SURETY Contract, including ch g damages, or the work to be performed under the Contract. PARTY BENEFICIARIES, The Surety provides this performance bond for the 6. NO THIRD - is against t the Surety. exclusive benefit of the OWNER and OWNER's heirs, �dmioistrators, executors, sole and exchr art person or entity has y g successors and assigns. No other p Y� P Pickleball Court Lighting Accu�ateluction Agreement Power and Technology City of Winter Spring Page 25 of 31 7, METHOD OF NO TICE. All notices to the Surety, the Principaor the OWNER for ea h must be given by Certified Mail, Return Receipt Requested, to the address below: SURETY: Name: Attention: Street: City, State: Zip: The Ohio Casualty Insurance Company m Hano, PRINCIPAL: Name: Attention: Street: City, State: Zip: nioncv - NancV• 175_ Be___rKe!e: Boston, MA 02116 Mutual.co Accurate Power and Technology, Inc. werandtechnology•co Sonny Dukes -Sonny@accuratepom OWNER: The City of Winter Springs Attention: Shawn Boyle, City Manager 1126 E. State Road 434 Winter Springs, Florida 32708 (407)327-5957 with a copy to: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 Pickleball Court Lighting Construction Agreement City of Winter Springs PAccurate age 26 of 31Power and Technology LIMITATIONS. Any statutory limitation, which may be contractually as the 8. STATUE OF LI eriod) has superseded, to the contrary notwithstanding, any Contract (including any warranty pe i supe the Cont applicable statute of limitations governing 3 ars following Final Completion of the Contract not run or expired or within three O P performed under the Contract by (including any warranty period) and acceptance of the Work p the OWNER, whichever: is longer. reference ALS. The recitals contained in this PerformanceeBo d are incorporated by ' 9• RECIT art of this Performanc herein and are expressly made a p and construed in 10. GOVERNING LAW* This performance bond shall be governed by, ith the laws of the State of Florida without regard to its conflict oflaws accordance w , provisionso event legal action shall be filed upon this performance bond, venue shall 11. VENUE. In the eve any lie exclusively in the Circuit Court for Seminole County, Florida. 12. MISCELLANEOUS. agrees that this performance bond shall afford the ommonrlaw,l of the A. The Surety g protections and rights afforded under Florida Statutes an required B. This performance bond is issued in additi too n yother bond or warranty labor and materials payment bond under the Contract including, but not limited, Y d as tenance bond. Each bond issued under the Contract shall be construe and main separate and distinct from each other. ions under that the Surety fails to fulfill its obligatharmleperformance C. In the event armless from any and all then the Surety shall also indemnify and hold the OWNER asonable attorneys' e cost and expense, including refron�the loss, damage, Surety, s failure trial and appellate proceedings, resulting directly or indirectly y to fulfil l its obligations hereunder. This subsection shall survive the termination or cancellation of this performance bond. to e all the such 'in D. This perfor mance bond shall remain in full force and effect until ti or provided tot e work, labor and materials e Contract have been performed isfacrioner hthrough the expiration of all warranty periods. OWNER's complete sat Pickleball Court Lighting Construction Agreement City of Winter Springs page 27 of 31Power and Technology Principal Accurate Power and Technology, Inc. (Typed Firm Name) (Seal) (Printed me) (Title) 15519 West US Highway 441, Suite 101A Eustis, FL 32726 (Address) (Date of Execution) Surety The Ohio Casualty (Typed Firm Name) (Seal) sy: (Signature) Warren M. Alter (Printed Name) Attorney -In -Fact (Title) Insurance Company 175 Berkeley Street Boston MA 02116 (Address) (Date of Execution) Pickleball Cowt Lighting Construction Agreement City of Winter Springs Page 8 01 31 Power and Technology EXHIBIT A LABOR AND MATERIALS PAYMENT BOND Bond No. 964231701 BY THIS LABOR AND MATERIALS PAYMENT BOND, We Principal, whose address is Accurate Power and Technology, Inc. as p 352 735-8285 d 55 119 West US Highway 441, Suite 101A, Eustis, FL 32726 and telephone number 1 as Surety, whose S ( ) an address 1S The Ohio Casualty Insurance Compaq, 175 Berkeley Street, Boston, MA 02116 and telephone number is (617) 357-9500 are bound to the City of Winter Springs, a Florida municipal corporation, as OWNER, whose er address is 1126 E. State Road 434, WinteoS rinne gs, Florida a 2708 and telephon(110%bof is 407-327-1800, to the initial sum of $ Seven Hundred Forty-five & 98/100 ($156 745.98) Contract Price), or such greater amount as the Contract may be adjusted from time to time in accordance with the Contract between the Principal and OWNER) (the "Penal Sum")* WHEREAS, the Principal has executed a contract with the OWNER, dated for the construction of ITB #06 23-01 LH Pickleball Court Lighting ____project in the City of Winter Springs, Seminole County, Florida (the "Project"); and WHEREAS, the OWNER has required the Principal to furnish a labor and materials payment bond in accordance with law and as a condition of executing the Contract with Principal; and WHEREAS, this bond is being entered into to satisfy the requirements of Section 255.05(l), Florida Statutes and the Contract referenced above, as the same may be amended, and additionally, to provide common law rights more expansive than as required by statute. NOW THEREFORE, the Surety and the Principal, both joint and severally, and for themselves, their heirs, administrators, executors, successors and assigns agree as follows: 1. RATED; SURETY AND PRINCIPAL BOUND FOR FULL CONTRACT INCORPO PERFORMANCE. The Contract is incorporated by reference and made a part of this bond. The Surety and the Principal are bound to promptly make payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, supplies, or rental equipment used directly or indirectly by Principal in the prosecution of the work provided under the Contract. Any such payments shall not involve the OWNER in any expense. 2. CLAIMS. Claims made under this bond vThe efor, aclaimant, except a laborer, shalmade epursuant tprovisions of who on 255.05, Florida Statutes, and applicable Pickleball Cow•t Lighting Construction Agreement City of Winter Springs and Accurate Power and Technology Page 29 of 31 is not in privity with the Principal shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, furnish the Principal with written notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his or her labor, services, or in shall deliver to the Principal and to the surety written notice of the performance of the labor or delivery of materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to the rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. Any notice of nonpayment served by a claimant who is not in privity with Principal which includes sums for retainage must specify the portion of the amount claimed for retainage. 3. difications to SURETY'S WAIVER OF NOTICE. The Surety waives notice of any mo the Contract, including changes in the Contract Time, the Contract Sum, or the labor, work, or materials required to be performed under the Contract. 4. BENEFICIARIES. The Surety provides this performance bond for the sole and exclusive benefit of the OWNER and OWNER'S heclain anirs, administrators5 executors, successors d claimants who have actually provided labor, assigns, as well as for the benefit of any material, rental equipment, or services under the Contract. 5. RECITALS. The recitals contained in this labor and materials payment bond are incorporated by reference herein and are expressly made a part of this bond. 6. GOVERNING LAW. This labor and materials payment bond shalllaws of the State of Florida withoutbegard to its by,and construed in accordance with the et of laws provisions. 7. VENUE. In the event any legal action shall be filed upon this labor and materials payment bond, venue shall lie exclusively in the Circuit Court for Seminole County, Florida. 8. MISCELLANEOUS. A. The Surety agrees that this labor and materials payment bond shall afford the OWNER ights and all claimants under the Contract with all of the protections and rafforded under Florida Statutes and under common law. B. This labor and materials payment bond is issued in addition to any other bond or warranty required under the Contract including, but not limited to, any performance bond and maintenance bond. Each bond issued under the Contract shall be construed as separate and distinct from each other. C. In the event that the Surety fails to fulfill its obligations under this labor and materials payment bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees Pickleball Court Lighting Construction Agreement City of Winter Springs and Accurate Power and Technology Page 30 of 31 and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this labor and materials payment bond. D. This labor and materials payment bond shall remain in full force and effect until such time that the legal deadline for filing a claim hereunder has duly expired. Principal (Typed Firm (Seal) (Title) amen 15519 West US Highway441, Suite 101A Eustis, FL 32726 (Address) (Date of Execution) Surety The Ohio Casualty Insurance CompanMr (Typed Firm Name) (Seal) By: (Signature) Warren M. Alter (Printed Name) Attornev-In-Fact (Title) 175 Berkeley Street Boston, MA 02116 (Address) (Date of Execution) Pickleball Court Lighting Construction Agreement City of Winter Springs and Accurate Power and Technology Page 31 of 31 v � o� m> �_ a� c>3 _� _� c •� o� N � � � O .,,., c� N � m � L �� ;= c �� o �s c U w r� r` This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8205217-984816 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, David T. Satire; Jonathan A. Bursevich; Warren M. Alter all of the city of Miami Lakes state of FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of April 2021 Ety: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Carey, Assistant Secretary >tate of PENNSYLVANIA :ounty of MONTGOMERY ss )n this 7th day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ;ompany, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes herein contained by signing on behalf of the corporations by himself as a duly authorized officer. N WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ems' p, Pq� �4� cRONiv ref Commonwealth of Pennsylvania � Notary Seaf � QeA �<� C Teresa Pestella, Nofay Public �- �' � T Montgomery County ®F My commission expires Mareh 28, 2025 Commission number 1126644 By �`�' eresa Pastella, sy kSyt.Vt' �`G Member, Pennsylvania Assodation of Notertes �'4RY Q�6 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. � e Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a � President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety � _ any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall � have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the o a provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. LL, t ARTICLE XIII —Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a ft;ll, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and of Ixed the seals of said Companies this day of By: LMS-12873 LMIC OCIC WAIC Multi Co 02/21