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HomeMy WebLinkAboutSouthland Construction Fisher Road Labor and Materials Bond -2003 09 09 '. Bond # 929305900 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CHICAGO, ILLINOIS . Document A311 Labor and Material Payment Bond THIS SOND IS ISSUED SIMULTANEOUSLY WITH PERFOR.o.IAr-;CE BONO IN FAVOR OF THE OWNER CONOl1l0NEO ON THE fUll AND FAITHFUL PERFORMANCE OF THE CONTRACT KNO! All MEN BY THESE PRESENTS: that ,Southland Construction, Inc. 172 W. Fourth Street Apopka, Florida 32703 as Pri : ipal, hereinafter called Principal, and, National Fire Insurance Company of Hartford .Chicago, Illinois {He,e InSIl.1 lull n,m.. .nd .dd,t'u 0' leg.I III Ie 01 Contl'Clo') {He,e insert lull name and address or lesallitle 0/ Surl.'lyl as Sur ~y, hereinafter called Surety, are held and firmly bound unto ':City of Winter Springs {Here inse'llull n,me .nd add,en or legalll1le 01 Owne,) 1126 East State Road 434 :Winter Springs, Florida 32708-2799 ' . as Obi gee. hereinafter called Owner, (or the use and benefit of claimants as hereinbelow dciineO, in the amou of Seven hundred twelve thousand, eight hundred fo~ anllacssend fo~tycents CHert In,.,1 a ,um eqult 10 .1 IUI' onll-".II 01 Ihe conl..CI pricel LJOlnrr\~ Ill, 804.40 " for th , payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, succes Qrs and assigns, jointly and severally/firmly by these presents. 19 entered into a contract with Owner for - Principl has by written agreement dated CHM lnse i lull name_ addrcss and dcsc,iplion 01 p,ojl:ct) I' , Fi,her Road Roadway improvements . Pr j~ct /1 ;I:TB 018:-03/KL .., ' ' In ace rdance with DraWings ana Specifications prepared by ,: CPH Engineers, Inc. 1117 E. Robinson Street : Orlando, Flo;rida 32801 h C t which ~ontract is by reference made a p.Hthereof, and is hereinafter referred to as Ie. antrac . 'He.e Intell 'ull ..,mc ...d add.eu or IrS.1 lillo' 01 ;.fc'f''I''l-EngineE 3 , '. ./ l: . ~ ' ...,. LABOR AND MATERIAL PAYMENT BOND NO\~ l 11' E1mtlltE THE CONDITION ()f THIS OBIICATlt')N is such Ihat, H Principal shall promptly make payment 10 all ' cl,)i~,,,, 5 as "cr~il'lafter defined. for iJlllclbor and m..lerial ulocd or rc.a50n.1bly required fnr use in the performance of Ihe Conl~t: ,; Ihen Ihis obliSiJlion lon,)lI be \'oldi otherwise it shOJI! rcm~in in full force .nd eHect. subject. however, to the fol- lowing' cone;tions: ; : ~ : ' ,.~ iA: c1aim.1nl i~ derincd 01~ onc having a direct con- tr.c~ ~vith the Principal or with CJ Subcontritctor of Ihe Principal for labor, material. or bOlh, used or re.uonJbly ,reql,jirjeq for use in the perfMmance of the Contract. laboir ~n~ matt!rial' ~in~ conwLled 10 indune thill poUI of wal~r ~ .as. power. Iighl. heat. oil. gasoline. lelephone servi:ce~r rental of cquipmcnl directly applicable to the Con~r~ci\. ' : ! , ' 2'. i iT~e above named Principill r,lnd Surety hereby jointlv, ~"d seve,rally agree wilh the Owner IhOlI evcrV' cI.i.,.~n~ as herein defined, who h.3lt not been p.,id In full b,f9re the expiralion of 01 period n( nine I',' (1)01 da~ :~fI,r the date on whl"ch tho lilS! of such cl"imilnr:; work ~rl'abor wa!' done or pcrformed. or m&l!criJls WN(' fumi~~el'J by such claimant, mllY sue on this bond for the liI;e: of such c1aim"nt. prtN~cut(' the suit to fin.11 jud8'1'l~nt for such !tum or "um~ ~~ mav bt' JU!'otly due cl.imia~~, and have execution Ihereon. Tht! Owner !tholll nol I:i~ :lliable for Ine paymC'nt of any Cosls or .cxf'lC/1Se~ of .nVi s~ch suit. ;: ! , "I ' 3. : ~ suil or aClion sho111 be. cnmmC'nct.'cJ hcreunut.'r by anM cil,imant: ' , .1 '1 1 aJ UriF~5 c101tmant. olher Ih,)1'\ (me hc1ving a direct con.'ra~t:i with the Principii]. lthall have giv~n written nollce! t~. any two of the following: the Princip"l. Ihe Ownt!~. ,or Ihe Surety above named, wiltlin nin~ty (901 days .,( r such claimant did or performed Ihe fast of the wcp* or labOlI or furnished the, last of Ihe materi.tls for w~i4h said clOlim is mt3de., Slalin!; with subst.:l"tial ,;1 .: ! Si8ne~! t"d sealed this d.:ty of accurilCY the amount claimed and the name 'qf the party to whom thf materials wert' furnished. or i for whom the work or labor was done or performed. Such notice !-bilJl be served by mailing Ihe same by regi~tered mail or 'certified mail, postage prepoljd, In an envelope ad- drt"s!ted to Ihe Principal. Owner or Surely, al any place where an office is regularly maintained for the trans- action of business, or served in any mannar in which legal process may be served in the state in which the afor('s.1id project is located. saye th.:lt such service need not be made by it public officer. bl After the expir.lUon of on.c (1l ~'e,H (onawing the d.lte on which Principo1l ceased Work on said Contract, it being understood, however, Ihal if any limitation em- bodu:.d '" this bond is prohIbIted by any law controlling the con!otruction hereof such limitation shall be deemed to be amended so as 10 be equal to the minimum period of limitationpermiued by such law. e) Oiher Iniln in i:I slate court of compelentjurisdiction in and for the county or olher political subdivi,.ion of the slate in which the Project. or any peltl thereof, is ~iIUJted. or in Ihe United Slates Oilitricl C~url for Ihe district in which I"e Project, or .:Iny part Ihe!reof. is sit- uated. and not elsewhere. 4. The ilmounl of tnis bond sh.llbe reduced by and to lhe extent of any paymenl or payments made in good failh hert"und~r. inclusive of Ihe payment by SurelY of mechanics' liens which may be, filed of rec~rd. against ~Clid improvement, whether or not claim for the amou,nt of such lien be presenled under and agains~ this bond. 19 Construction, Inc. (Principal) Southland I IS~.II ~.II ident Agent 4 ~. . , . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT , . Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Frank B Ferguson, Individually of Windermere, FL, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages and/or estimates on engineering and/or construction contracts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority ofthe By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the sorporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of April, 2003. Continental CdSualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania State of Illinois, County of Cook, ss: On this 21st day of April, 2003, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. cf:4 (J:)~ OFFICIAL SEAL ELIZA PRICE NOTARY PUBUC, STATE OF LLINO" MY COMMISSION EXPIRES: 01/17101 My Commission Expires September 17,2006 CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution ofthe Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 3rd day of September 2003 Form F6853 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~ Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 'i This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. °Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17'~ day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI-Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a' day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL F[RE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17`~ day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."