HomeMy WebLinkAboutTim Williams Builders Labor and Materials Payment Bond -2003 07 21• ~ ~uted in 4 Counterparts
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.
BOND NO.: 37635
CONTRACTOR NAME: Tim Williams Builders
CONTRACTOR ADDRESS: 3975 Glassman Road
St. Cloud, Florida 34772
CONTRACTOR 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: $146,500.00/$146,500.00
CONTRACT NO.: (If applicable)
DESCRIPTION OF WORK: Sunshine Park Replacement Restroom/Storage Building, Parking
Improvements
PROJECT LOCATION: Sunshine Park, at City Hall, 1126 East SR 434, Winter Springs, 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.
THE ATTACHED COVE~GE AND TERRORISM RIDER FORM AND BEt~ A PART OF THIS BOND.
Bond No. 37635
Executed in 4 Counterparts
City of Winter Springs Parks and Recreation
Sunshine Park -Senior. Center Cx[ant- sri # 02017
SECTION 00610 -LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: iiat
Tim Williams Builders
(Name of CONTRACTOR)
3975 Glassman Road, St. Cloud, FL 34772
(Address of CONTRACTOR)
a Individual hes+einafter after ~~
(Corporation, Partnership or Individual)
Principal, and Nova Casualty Company
(Name of Surety)
180 Oak Street, Buffalo, NY 14203-1610
(Address of Surety)
hereinafttr called Surety, are held and firstly bound unto the City of Winter Springs, hereinafter
called OWNER in the full and just Sttm of
One Hundred Forty-Six Thousand Five Hundred and 00/100 DOLLARS,
(S --146,500.00-) is lawful mercy of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these
presents. The sum shall not be less than one hundred ten percent (I 10'/0) of the Contract Price.
THE CONDITION OF THLS OBLIGATION is such that wher+eac, the Principal entered into a
certain Agreement with the OWNER, dated the day of . and made
apart hereof the construction of the Winta Springs Strzetscapes.
The Surety Bond shall be bound by say and all alternative dispute resolution awards and
settlemrnts to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly
make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
Princ:pai with labor, Materials, or supplies, used directly or indirectly by Principal in the
prosecution of the Work provided for in the Agreement, then this obligation shall be void;
otherwise, it shall remain in full force and effect subject, however, to the following conditions:
This Sond is furnished for the purpose of complying with the requirements of Section 255.05,
Florida Statutes, as the same may be amended.
Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who
has not received payment for his labor, Materials oz supplies shall, within forty-five (45) days
after beginning to fiunish 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 protection. A claimant who
is not in privity with the CONTRACTOR and who has not rtxxived payment for his labor,
Materials or supplies shall within ninety (90) days efts performance of the labor or completion 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
~ ~
City of Winter Springs Parks and Recreatbn
Sunshine Park -Senior Center Grant srl # 02017
CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of
the Materials or supplies and of the nonpayment. No action for the labor. Materials or supplies
may be instituted against the CONTRACTOR or the Surety oa the bond aRer one (1) year from
the performance of the labor or completion of the delivery of the Materials or supplies.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall
remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement
entered into by OWNER and Principal without the Surety's knowledge or consent. (ii) waivers of
compliance with or any default under the Agreement granted 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 proceedin= initiated under The Sartkrttptcy 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 or Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this )3ond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to
the Agreement or Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are separate and
distinct from each other.
IN W ITNESS WHEREOF, this instrument is executed this the ~ day of ~U ~t 20
a -~ .
ATTEST: Tim Williams Builders
(Principal)
(Principal) Secretary
Typed Name
By Signature)
~--
Typed Name and Title
3975 Glassman Road
(CORPORATE SEAL)
Witness to Princi
Typed Name
Witness to Principal
.t~~z~ ~~/~ V1
Address
St. Cloud, FL 34772
City. State, Zip
LABOR AND MATERIALS(PAYMENT BOND 00610 - 2
•
•
City of Winter Springs Parks and Recreation
Sunshine Park -Senior Center Grant sri ~ 02017
Typed Name
ATTEST: <
By
(Surety) Secretary.
Nova Casualty Comaany
surety
Susan L. Reich
Typed Name
(CORPORATE SEAL)
witness as to surety
Deborah Mahl
Typed Name
Witness as to Surety
Theresa A. Marko
Typed Name
f 407) 786-7766
Facsimile No.
Inquiries: (407) 786-7770
Telephone No.
NOTE: Date of the Bond must not be prior to date of Agteetneat. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CON'T'RACTOR is Partnership, all partners shall
execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Departmtutt's
most current list (Circular 570 as amended) and be authorized to transact business in the State of
Florida, unless otherwise specifically approved is writing by OWNER.
ATTACH a certified copy of Power-of-Attorney appointing individual Attornry-in-Fact for
execution of Payment Bond on behalf of Surety.
END OF SECTION
(716)856-3722 (716)852-5590
Telephone No. Facsimile No.
By ~_~-:,, ~ ~-
Attorney-in-Fa
& Florida Licensed Resident Agent
Patricia L. Slaughter
Typed Name
417 CenterPointe Circle, Suite 1701
Address
Altamonte Savings, FL 32701
City, State, Zip
LABOR AND MATERIALS PAYMENT BOND 00610 - 3
• •
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 (SO).
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.
C ; ~ 180 Oak Street
_°' Buffalo, New York 14203-1691
NOVA CASUALTY COMPANY (716) 856-3722
POWER OF ATTORNEY No• 3 7 ~ 3
Know all men;by these Presents, that the NOVA CASUALTY COMPANY, a corporation of the
State of New York, having its principal offices in the City of Buffalo, New York, does make, constitute and appoint
***JEFFREY W REICH, SUSAN L. REICH, TERESA L ROBINSON, PATRICIA L
SI:AUGHTER, LESLIE' M DONAHUE, KIIVI F NIV & J. GREGORY MACT~.ENZIE***
its true and lawful Attorney(s)-in-fact; to make, execute, seal and deliver for and on its behalf, as surety, and as its
act and deed, any and all` bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or
contract of 'sutetyship executed under this authority shalt exceed in amount"the sum of
***NOT TO EXCEED $500,000***
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the fol-
lowing Resolution adopted by the_Board of Directors of NOVA CASUALTY COMPANY at a meeting duly called and '>
held on the 1$th day October, 1~J93:
"RESOLVED; that the President; and Vice President, the Secretary or Treasurer acting individually or otherwise, be and they hereby are granted the. power and
authorization to appoint'by a Power of Attorney fbr the purposes only of executing and attesting bonds and undertakings, and other writings obligatory iri the nature there
of, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business
of this company: the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and
any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so exe-
Guted and cerfifled by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respedf'do any bond or undertaking or other
writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause; by any of said officers, at any time."
In Witness Whereo#, the NOVA CASUALTY COMPANY has caused these presents to be signed' by its officer
undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 21st day of October, 1993.
Attest
Harsha Acharya, Secretary
STATE OF NEW YORK.
COUNTY OF ERIE
NOVA CASUALTY COMPANY
" c,~1 A LT Y ~, '
~P O„
~P F
~ COriPORAT~ ~~'.
sEa~ Norman F. Ernst, President
VFW YOP~
On the list day of October, 1993, before me personally came Norman F. Ernst, to me known, who being by me
duly sworn, did depose and say: that he resides in the County of Erie, State of New York;<thst he is the President of NOVA
CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal
of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of
the Board of Directors of said corporation and that he signed his-name thereto by like order.
~ of ~E w'10 ~
STATE OF NEW YORK ~~ 9~ ~~`-;t~~% t~
KATHLEEN A. ~
COUNTY OF ERIE couRTNEV Kathleen A. Courtney
~o ~o Notary Public, Erie Co., NY
rgAV P~3.. My Commission Expires July 25, 1994
CERTtF1CATE
I, the undersigned, duly elected to the office stated below, now the incumbent in NOVA CASUALTY COMPANY, a
New York Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the fore oing attached Power of
Attorney remains in full force and has not been revoked; and furthermore that the Resolution o~ the Board of Directors,
set forth in the Power of Attorney is now in force.
Signed and Sealed at the City"of Buffalo. Dated the day ofi , 20
,t ~"w `
Tz CORPORATt `<~ L%~~
t;EAL ~'~~//
tiFivvoP~` Christopher C. Hoover, Treasurer
uuuul~lP
This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies, carbon copies or
other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the
Home Office of the Nova Casualty Company.
~.
F oRida
S U R ETy
BoNds,
INC.
July 18, 2003
City of Winter Springs, Florida
1126 East State Road 434
Winter Springs, Florida 32708
~7 CENTERPOINTE CIRC~E~ SUITE 1 701
AITAMONTE SPRINC~S~ FL 32701
407.786.7770
FAx 407.786.7766
888.786-BOND (2663)
FAx 888.718-BOND (2663)
U/WW. F~ORICIASURETyBONdS.COM
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
FLltYlcla L. Slaughter
Attorney-in-Fact and
Florida Licensed Resident Agent