HomeMy WebLinkAboutTim Williams Builders Contractor's Performance and Payment Bond -2003 07 21
.
THE ATTACHED COVER PW AND TERRORISM RIDER FORM AND BECW A PART OF THIS BOND.
Bond No. 37635
Executed in 4 Counterparts
City of Winter Springs
Sunshine Park - Senior Center Grant
Parks and Recreation
sri # 02017
SECTION 00605
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Tim Williams Builders
(Name of CONTRACTOR)
3975 Glassman Road, St. Cloud. FL 34772
(Address of CONTRACTOR)
an
hereinafter called
Individual
(Corporation, Partnership or Individual)
Principal, and
Nova Casualty Company
(Name of Surety)
180 Oak Street, Buffalo, NY 14203-1610
(Address of Surety)
hereinafter called Surety, arc held and finnly bound unto the City of Win tel' Springs,
hereinafter called OWNER, in the full and just Sum ofDoUars, ($ --146,500.00-* ) in
lawful money of the United States, for the payment of which S\DO well and truly to be
made, we bind oW"Selves, successors, and assigns, jointly and severally, firmly by these
presents. The swn shall not be less than one hURdred ten percent (lIOOAt) of the Contract
Price. *One Hundred Forty-Six Thousand Five Hundred and 00/100 Dollars
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered
into a certain Agreement with the OWNER, dated the day
, , a copy of which is hereto attached and made a p..;...t1 hereof for the coDStJUction
of Winter Springs Streetscapes.
This bond is being entered into to satisfy the requirements of Section 255.05(1), Florida
Statutes and the Agreement referenced above, as the same may be amended.
The Surety Bond shall be bOWld by any and all alternative dispute, resolution awards and
settlements to the same extent as CONTRACTOR is bound.
PERFORMANCE BOND
00605. 1
e
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City of Winter Springs Parks and Recreation
Sunshine Park - Senior Center Grant sri # 02017
NOW, THEREFORE, the condition oCthis obligation is such that if Principal:
1. Promptly and faithfully pcrfonns its duties, all the covenants, terms, conditions,
and agreements of said Agreemeat including, but not limited to the insurance provisions,
guaranty period and the warranty provisions, in the time and manner prescribed in the
Agreement, and
2. Pays OWNER all losses, damages, delay damages Oiquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that
OWNER sustains resulting directly or indirectly from any breach or default by Principal
under the Agreement, and
3. Satisfies all claims and demands incurred \U1der the Agreement, and fully
indemnifies and holds hannless the OWNER from all costs and damages which it may
suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full
force and effect.
4. This Bonds shall remain in effect for at least until one year after the date when
final payment becomes due, excq1t as provided otherwise by Laws or Regulations or by
the Contract Documents. .
The coverage of this Performance Bond is co-equal with each and every obligation of the
Principal under the above referenced Agreement and the Contract Documents of which
the Agreement is a part.
In the event that the Principal shall fail to perfonn any of the teons, covenants and
conditions of the Agreement and the
Contract Documents of which the Agreement is a part during the period in which this
Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such
loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond.
then the Surety shall also indemnitY and hold the OWNER harmless from any and all
loss, damage, cost and expense, inQuding reasonable attorneys' fees and costs for all trial
and appellate proceedings, resultin, directly or indirectly from the Surety's failure to
fulfill its obligations hereunder. This subsection shalJ survive the termination or
cancellation of this Performance Bond.
The Surety Bond stipulates and agrees that its obligation is to perform the Principal's
work under the Agreement under the Bond. The following shall not be considered
performance under the Bond: (i) Surety's financing of the Principal to keep Principal
from defaulting under the Contract Documents, (0) Surety's offers to OWNER to buy
back the Bond, and (Hi) Surety's election to do nothing under the Bond shall be construed
as a material breach of the Bond and bad faith by the Surety. The Surety Bond agrees
that its obligation under the bond is to: (i) take over performance of the Principal's Work
PERFORMANCE BOND
00605 - 2
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City of Winter Springs Parks 8nd Recreation
Sunshine Park - Senior Center Grant sri" 02017
and be the completing Surety even if perfonnance of the Principal's Work exceeds the
Principal's Contract Price or (ii) re-bid and re-lea the Principal's Work to a completing
contractor with Surety remaining liable for the completing contractor's perfo~':1W1Ce of
the Principal's Work and fiunishing adequate funds to complete the Work. The Surety
Bond acknowledges that its cost of completion upon defauJt by the Principal may exceed
the Contract Price. In any event, the Principal's Contract Time is of the essence and
applicable delay damages are not waived by OWNER.
The Surety Bond, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and nQt conditional or contingent upon
OWNER's pursuit of its remedies against Principal. shall remain in full force aud effect
notwithstanding (i) amendments or modificatiQlllS to the Agreement cotered into by
OWNER and Principal without the Surety's knowledge or consent (ii) waivers of
compliance with or nay default Wlder the Agreement aranted by OWNER to Principal
without the Surety's knowledge or consent, or (iii) the discharge of Principal from its
obligations under the Agreement as a result of any proceeding initiated under the
Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal
law, or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the AgJeement or the changes therein
shall not affect Surety's obligations under this Bond and Surety hereby waives notice of
any such changes. Further, Principal and Surety acknowledge that the S1DI1 oftbis Bond
shall increase or decrease in accordance with Change Orders (unilateral Uld bilateral) or
other modifications to the Agreement and Con1ract Documents.
The Labor and Materials Payment Bond and the Performance Bond and the covered
amounts of each are separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05(1), Florida
Statutes, as amended, and additionalJy, to provide common law rights more expansive
than as required by statute. The Surety agrees chat this Bond shall be construed as a
common law bond.
IN WITNESS WHEREOF, this instrument is executed this the ~daY of~,
~J . --r
A TIEST:
A~~~
(Principal) Secretary
Tim Williams Builders
Principal (Contractor)
:\
PERFORMANCE BOND
00605-3
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City of Winter Springs
Sunshine Park - Senior Center Grant
~ t,/,/!;I9/t1}
Typed Name
(CORPORATE SEAL)
~~7
~,J Md5b
Typed Name . !
No.
A~
By .
(Surety) Secretary Surety
Susan L. Reich
Typed Name
No.
(CORPORATE SEAL)
~~
Witness as to Surety
Deborah Mahl
Typed Name
PERFORMANCE BOND
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Parks and Recreation
sri # 02017
JAs.o~ ~~k&~
Typed Name and Title
3975 Glassman Road
Address
St. Cloud. FL 34772
City. State. Zip
(Witness to Principal)
(407) 892-2219
(407) 892-9920
Facsimile
Telephone No.
Nova Casualty Company
(716) 856-3722 (716) 852-5590
Telephone No. Facsimile
By~....;.. ~:. _") X'. h~_,~
Attorney-in-Fact
& Florida Licensed Resident Agent
Patricia L. Slaughter
Typed Name
00605.4
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City of Winter Springs
Sunshine Park - Senior Center Grant
Parka and Reaeatlan
sri " 02017
~rmmOf\A') ~. S()tl~
Wi ess as to Surety
417 CenterPointe Circle. Ste 1701
Address
Theresa A. Marko
Typed Name
Inquiries: (407) 786-7770
Telephone No.
Altamonte Sorinas. FL 32701
City, State, Zip
(407) 786-7766
Facsimile No.
NOTE: Date of the Bond must not be prior to date of AgreemenL IfCONTRACI'OR is a
joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all
partners shall execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasuzy
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the State of Florida, unless otherwise specifically approved in writing by
OWNER.
ATTACH a certified Power-of-Attomey appointing individual Attorney-in-Fact for
execution of Performance Bond on behalf of Surety.
END OF SECTION
PERFORMANCE BOND
00605.5
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./
NOTICE OF SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which NOVA Casualty Company is Surety.
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by NOV A Casualty Company
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "Acts of Terrorism" as
defined in Section 102(1) of the Act is Zero Dollars ($0).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERORISM LOSSES
The United States will reimburse the issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible. .
Public Work
F.S. Chapter 255.05 (l)(a)
Cover Page
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME, NOTICE AND OTHER LIMITATIONS
OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE
INCORPORATED HEREIN BY REFERENCE.
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Auted in 4 Counterparts
BOND NO.:
37635
CONTRACfOR NAME:
Tim Williams Builders
CONTRACfOR ADDRESS:
3975 Glassman Road
St. Cloud, Florida 34772
CONTRACfOR PHONE NO.:
(407) 892-2219
SURETY COMPANY:
Nova Casualty Company
180 Oak Street
Buffalo, New York 14203-1610 (716) 856-3722
City of Winter Springs, Florida
OWNER NAME:
OWNER ADDRESS:
1126 East State Road 434
Winter Springs, Florida 32708
OWNER PHONE NO.:
(407) 327-5989
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
$146,500.00/$146,500.00
BOND AMOUNT:
CONTRACf NO.: (If applicable)
DESCRIPTION OF WORK:
Sunshine Park Replacement Restroom/Storage Building, Parking
Improvements
PROJECf LOCATION:
Sunshine Park, at City Hall, 1126 East SR 434, Winter Sprin2s, FL 32708
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
<'tr:
THE ATTACHED COVE_GE AND TERRORISM RIDER FORM AND BE. A PART OF THIS BOND.
Bond No. 37635
Executed in 4 Counterparts
City of Winter Springs
Sunshine Park - Senior Center Grant
Para Md Rec:nlation
sri" D2017
SECTION 00610 - LABOR AND MATERIALS PAYMENT BOND
KNOW AU. MEN BY THESE PRESENTS: tltat
.
Tim Williams Builders
(Name of CONTRACTOR)
3975 Glassman Road, St. Cloud. FL 34772
(Address ofCONTRACrOR)
Individual hcteiuaftc:r after called
(Corporation, Partnership or Individual)
Nova Casualty Company
(Name of Swcty)
180 Oak Street, Buffalo, NY 14203-1610
(Address of Surety)
Principal, and
hereinafter called Su~, are held and firmly bound unto the City of Winter SpriDas. bereiDder
called OWNER. in the fUD aod jU$C Sum of
One Hundred Forty-Six Thousand Five Hundred and 00/100 DOLl.ARS,
(1-146,500.00- ) in lawfid mOlley offbe Uoitod States, for rhc pa)'IDCDt ofwbich IWD weD aud
truly to be made, we bind ourselves, successors, and assips. jointly and sewnlly, firmly by these
pn:SCZ1ts. The sum shall not be less than one hUDdred ten percent (1Io-A) of the Coatract Price.
TIlE CONDmON OF nus OBLIGATION is such that wheras, the Principal c:aten:d into .
certain Agreement with the OWNER, dated the _day of . and made
a part hcrcofthe cOllSlIuCtion of the Winter Sprinp Stm:tsc:apes.
The Surety Bond shall be bound by any IUd all alternative dispute resolution awards and
settlements to the same exteni as CONfRACTOR. is bound.
NOW, THEREFORE. the condition of this obliption is such that if Principal shalJ promptly
mak,~ payments to all claimlllts as defined in Section 2SS.05(J), Florida Statutes, supplyina
Princ~pa1 with labor, Materials, or supplies, uaed directly or iDdirec:tJy by Principal in the
prosecution of the Work provided for in the Agm:ment, then this obliptiOll shall be void;
otherwise, it shall remain in full force and effect lAIbject, howCYcr, to the following c:onditiOllS:
This Bond is furnished for the purpose of complyina with the requirements of Section 255.05,
Florida Statutes, as the same may be amended.
Therefore, a claimant, except a laborer, who is not ill privity with the CONTRACTOR and who
bas DOt m:eived payment for his labor, Materials or supplies sbaJJ, within forty-five (45) days
after beginDing to furnish labor, Materials or supplies for the prosecution of the Work, furnish the
CONTRACTOR with a notice that he intends to look to the Bond for protectiOD. A c1aimaDt who
is DOt in privity with the CONTRACTOR ad who has DOt recciwd payment for his labor,
Materials or supplies shaU within oinety (90) days after performauce of the labor or completioa of
delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the
date that the rental equipment was last on the job site available for use, deliver to the
LABOR AND MATERIALS PAYMENT BOND
00610 - 1
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City of Winter Springs Paries and Recreation
Sunshine Park - Senior Center Grant sri" 02017
CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of
the Materials or supplies and of the nOllp.,menL No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after 0118 (1) year from
the performance of the labor or completion 'Of the delivery of the Materials or supplies.
The Surely, for value received, hereby stipulates and aareca that its 'Obligations hereunder shall
remain in full force and effect notwithstaadina (i) amendments or modifications to the Ap'eerncnt
enlCIed into by OWNER and Principal without the Surety's kDowJedae or coasent, (ii) waivers 'Of
compliance wilh or any default under the Apement granted by OWNER to Principal without the
Surety's knowledgc or consent, or (iii) the discharae 'Of Principal from its obligatioDS under the
Agreement as a result of any proccectina iJaitiatcd under The Bankruptcy Code of 1978, IS the
same may be amended. or any similar ate or fcderallaw, 'Or any limitation 'Of the liability or
Principal or its estate as a result of any sucb proceeding.
Any changes in or under the Agreement or Contract Documents and compliance or
noncompliance with any formalities cODllected with the Agreement or the cbanaes therein shall
not affect Surety's obligations under this 80nd and Surely hereby waives notice of any such
changes. Further, Principal and Surcty aekDowledge that the Sum of this Bond sba1l increase or
decrease in accordance with the Change Orders (unilateral and bilateral) or other modificatioDS to
the Agreement or Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are separate and
distinct &om each otber.
IN WITNESS WHEREOF, this instrument is executed this the..2:.L day of Qu Il) . 20
6~ . I
A TrEST:
Tim Williams Builders
(PriDcipaJ)
~t~~~
Typed Name and Title
;(,;;;C'<<~
(Principal) Secretary
~ 4A'/~~~/'
Typed Name
3975 Glassman Road
(CORPORATE SEAL)
~~
e:- Z
Address
-
St. Cloud, FL 34772
City, State, Zip
Witness to Principal
~~i
LABOR AND MATERIAL A YMENT BOND
00610. 2
It.;:
"
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City of Winter Springs
Sunshine Park - Senior Center Grant
Typed Name
A7~~
B~ (Surety) Secretary.
Susan L. Reich
Typed Name
Parks and Recreation
sri"02017
Nova Casualtv Company
Surety
(716) 856-3722
Telephone No.
(716) 852-5590
Facsimile No.
(CORPORATE SEAL) ~
n/)~~
WilDcSs as to Surety
By ...-::/...L. ~-;,~-"" 'f A,"r~
Altomcy-in-Fa
& Florida Licensed Resident Agent
Patricia L. Slaughter
Typed Name
Deborah Mahl
Typed Name
~tlo'W\/l)~. .N1A~
Witness as to Surely
Theresa A. Marko
Typed Name
417 CenterPointe Circle. Suite 1701
Address
(407) 786-7766
Facsimile No.
Altamonte Sorinas. FL 32701
City, State, Zip
Inauiries: (407) 786-7770
TelephoDe No.
NOTE: Date of the Bond must Dot be prior to date of Asrecmem. If CONTRACTOR is a joiut
veoture, aU VCDturers shall execute the BODd. If CONTRACTOR is Partnership, aU publerS sbaD
execute Bond.
IMPORTANT: Surety companies executing Boods must appear 00 the Treasw')' Department's
most current list (Circular 570 as amended) and be authorized to transact business iD the State of
Florida, unless otherwise specifically approved iD writing by OWNER.
AITACH a certified copy of Powcr-of-Attomcy appointing individual Attorney-in-Fact for
execution of Payment Bond on behalf of Surety.
END OF SECflON
LABOR AND MATERIALS PAYMENT BOND
00610 - 3
e
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NOTICE OF SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which NOVA Casualty Company is Surety.
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by NOVA Casualty Company
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "Acts of Terrorism" as
defined in Section 102(1) of the Act is Zero Dollars ($0).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERORISM LOSSES
The United States will reimburse the issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible. .
7$~"."""
.... .... .... ....... .
\PO^ WE' \~'^'^^Q"'ii;i~O^^::i^<^R\/^:"N"';"E?q\",^
.....; n ..17 .~;:':."I'::'. ,..:'; ..: I;;:....
Christopher C. Hoover, Treasurer
y number printed in the upper right hand corner appears in red. Photocopies, carbon copies or
any. Inquiries concerning this power of attorney may be directed to the Bond Manager at the
.
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" CENTERPoiNTE CiRClE, SuiTE 1 701
AhAMoNTE SpRiNGs, Fl '2701
407.. 786.. 7770
FAX 407..786..7766
FloRidA
SURElY
BONds, I NC.
~
888..786..BONO (266'>
FAX 888..718..BONO (266'>
W\WI. FloRidASuREI)'BoNds.coM
July 18, 2003
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
Re: Authority to Date Bonds and Powers of Attorney
Principal: Tim Williams Builders
Bond No.: 37635
Project: Sunshine Park Replacement Restroom/Storage
Building, Parking Improvements, at City of Winter
Springs, City Hall, 1126 East SR 434, Winter Springs,
FL 32708
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on
your behalf for this project, we hereby authorize you to date the bonds and
the powers of attorney concurrent with the date of the contract agreement.
Once dated, please fax a copy of the bonds to our office.
Sincerely,
Nova Casualty Company
~.(. ,V~~~~
Patricia L. Slaughter
Attorney-in-Fact and
Florida Licensed Resident Agent
Public Work
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS FOR TIME, NOTICE AND OTHER LIMITATIONS
OF SECTION 255.05 OR SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE
INCORPORATED HEREIN BY REFERENCE.
e
.uted in 4 Counterparts
BOND NO.:
37635
CONTRACfOR NAME:
Tim Williams Builders
CONTRACfOR ADDRESS:
3975 Glassman Road
St. Cloud, Florida 34772
CONTRACfOR PHONE NO.:
(407) 892-2219
SURETY COMPANY:
Nova Casualty Company
180 Oak Street
Buffalo, New York 14203-1610 (716) 856-3722
OWNER NAME:
City of Winter Springs, Florida
OWNER ADDRESS:
1126 East State Road 434
Winter Springs, Florida 32708
OWNER PHONE NO.:
(407) 327-5989
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
5146,500.00/5146,500.00
CONTRACf NO.: (If applicable)
DESCRIPTION OF WORK:
Sunshine Park Replacement Restroom/Storage Building, Parking
Improvements
PROJECf LOCATION:
Sunshine Park, at City Hall, 1126 East SR 434, Winter Sprinas, FL 32708
LEGAL DESCRIPTION:
(If applicable)
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.