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HomeMy WebLinkAboutSouthland Construction Fisher Road Performance Bond -2003 09 09 ~ , " ~~ . I " " Bond II 929305900 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CHICAGO, ILLINOIS . Document A311 Performance Bond . !HEREASJ ~tractor has by written agreement dated (Hr I inle,' full n~,"e, add,eu and delC,iplton of I',ojI1<U I Fisher Road Roadway Improvements I proj ect ITB 018-03/KL in ~ccordance with Drawings and Specifications prepared by CPH Engineers, Inc. 1117 E. Robinson Street Orlando, Florida 32801 Ich contract is by reference made a part hereof, and is hereinafter referred to as 1he Contract. NOW ALL MEN BY THESE PRESENTS: that , Southland Construction, Inc. 112 W. Fourth Street ~opka Florida 32703 a principal, hereinaft'.!r called Contractor, and, , National Fire Insurance Company of Hartford Chicago, Illinois a Surety, hereinafter called Surety, are held and firmly bound unto City of Winter Springs IHr'r inlr" full na~ and add,rJJ 0' .'es.IIf'lr 01 Ownerl 1126 East State Road 434 'Winter Springs, Florida 32708-2799 a Obligee, hereinafter called Owner, in the amount of Seven hundred twelve thousand, eight hundred four dollars and forty cents. Dollars ($ 712,804.40 ), IHe', inl.,' lull ",...., and ,ddrrss 0' h!pl 1iII. of Coftl,nlo,l CHerr lnl.,l full n,....e .nd ,dd,.>> 01 "pi Iillr of Svtl'tyl the payment whereof Contractor and Surety bind themselves, their heirs, executors, ~dminjstrators, ,cessors and assigns, jointly and severally, firmly by these presents. 19 , entered into a contract with Owner for . (He.. ;",.,1 1,,11 ",me ."d .dd,e.. or le~1 IiI/I! of J~fcieer Prlted in cooperation with the American Institute of Architects (AlA) by NATIONAL FIRE INSURANCE C ,""PANY OF HARTFORD. Attached vouches that the language in this document conforms exactly to the I.." If::It,.. ""..r! in 11111 n",."m..nt A ~11 I=..hn '::onl 1 Q7n i=rlilinn 1 " ." , ' PERFORMANCE BOND : i 1 i . NOW~T~: EREFOR!. THE CONDITION Of T~S OBLIGATION is such that.' if Contractor !lhall promptly and faithfully perform , uid: p::. rr~ct, then thili obliption shall jbo null ~nd void; Olherwi5e it :ih~1I rcmo1in in full force ilnd effe~t, . . , ' , , ' " , Daniel L. President National Fire Insurance Company of aartford I!iNII T~~, ~UrelY hereby waives notice of 4ny alteration or exte!'1~ior of time made by the Owner. : ; , W~n!ever Contractor shall be. and de~lared by Owner to be] lri def.aull under the Contract. th, Owner having perfot~d Owner,'s obli.ations thereu~or. the Surety. may:.~mptly re-mctdy the d('fo'lull. or snail' f)romplly ,. I ' ' 1) CO,mplete the Contr.u:l in accordance with ils terms and c~n~ilions. or ' 2} O~t.~ a bid or bids ror co~pleling ~be Contract In aC(O~~irlce with Its terms and condition~ and upon de- terml~llon bV Surety of Ihe lowest res~onsible bidder. or, if j tile Owner elecls, upon determ~nation by the ~wner :i"d the Surety jointly of the IO\\1est responsible b,dde~.' Hange for a c~nlr.ct between $~ch bidder and Ow~~I: nd make available as Work p1;08resse~ (el.'en tf:1ouah; here .hou/d' be a det.ult or a: succession of T! . , , :: i , ; i I . I I , I '1 i ': i ': :1 . 'I ., ., . '! i i i Signed !_~d scaled this day of - \ I r: I J))J rJ~ / ,,! 'fWI/IIC'~)> : I. i deCaults under the contrOlct or contract> Of~' omplelion o1rrJnged under this p.1r.l~ro1phl ~urficienl fund IQ pay the Cosl of completion less Ihe balance of the co tract price: bUl not exceedln~. including other COSIS an~ daindges ior \\ohich the Surety m,)~' h... liable hereunder. ,he amount se! (orlh in the ilr..! p:II,l~r.)pn h('rcof The? INI!n "h,llalne,," u( Ih" conlr.l'! Prt(.":: ,)~ u~(.>d In 11m. par.lajraph, sholtl mean the lo/al amount pJ~'o1blc by Own..'r 10 Contractor under Ihe Conlt.1C! Jno ;tny amendmenb IherelO. Icss thE' Jmounl prOfl('(ly p.lid by Owner 10 Contr.lclor. ' Any SUI! under Ihls bond must be Instituted before the expiriHion of two (2) years from the dolte: on which final payment under the Contract (ails due. . No fiSh! of act;!)n snail accrue on thl~ bond to or for the use of any per~on or corporollion olhe; than the Owner nQmcd herein or the hclts. executors. adminis. tralor~ or 5ucccs>ors of the Owner. 19 I ISf.&li . :B. Ferguson torney-in-Fact and Agent 2 '. '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 corporations. 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 Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Vice President 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. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC. STATE OF UtNO" MY COMMISSION EXPIRES: 01117108 My Commission Expires September 17, 2006 GJ~ Notary Public 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 of the Board of Directors ofthe 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 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania (2~ Assistant Secretary Form F6853 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: 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 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 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 Attomey 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`s 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 FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey 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. T'he 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`s 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 maybe 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."