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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 e 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 e e 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 e 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 e 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 e e 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 e e ./ 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. e 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 e e 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.;: " e e 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 e 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 . e " 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.