HomeMy WebLinkAboutSunshine Building and Development Labor & Materials Payment Bond Well No. 4 and Raw Water Main Project -2003 12 16Bond No. FS5860586
SECTION 00610
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Sunshine Building and Development Corp.
(Name of CONTRACTOR)
P. 0. Box 180958, Casselberry, FL 32118-0958 (407)339-6721
(Address of CONTRACTOR)
a Corporation hereinafter after called
(Corporation, Partnership or Individual)
Principal, and
Great American Insurance Company
(Name of Surety)
580 Walnut Street, Cincinnati, OH 45202 (513)369-5000
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the City of Winter S rings
hereinafter called OWNER, in the full and just Sum of Two un re eventy-%'~ pOL~g,
($ 2 71, 956.00---- ) in lawful money of the United States, for the payment of which sum welt
and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by
these presents. The sum shalt not be less than one hundred ten percent (110%) of the Contract
Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Agreement with the OWNER, dated the _day of _ _, and made a part
hereof the construction of WTP 1 -WELL 4 AND„Ft~W WAR MAIN• 851 Northern Way, Winter
Springs, Florida
The Surety shall be bound by any and all alternative dispute resolution awards and settlements 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
Principal 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 Bond is furnished for the purpose of complying with the requirements of Socxion
255.05, Florida Statutes, as the same may be amended.
%;one Thousand Nine Hundred Fifty-Six & NO/100----
Oo610-1
2. Therefore, a claimant, except a laborerwho is not in privity with the CONTRACTOR
and who has not received payment for its labor, materials or supplies shall, within fortyfive
(45) days after beginning 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
protection. A claimant who is not in privity with the CONTRACTOR and who has not
received payment for its labor, materials or supplies shall within ninety (90) days after
performance of the labor or completion of delivery of the materials or suppfios, or, with
respect to rental equipment, within 90 days after the date that the rental equipmentwas last
on the job site available for use, deliver to the 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 tabor, materials or supplies may be instituted against the
CONTRACTOR or the Surety on the bond after one (1) year from the performance of the
labor or completion of the delivery of the materials or supplies.
3. 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, including addenda and change ordQrs, entered into by
OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of complianoe
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 proceeding initiated under The Bankruptcy Coda 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.
4. 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 Bond 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.
5. The Pertormance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this the 16 day of December
20 0 3 .
ATTEST; Sunshine Building and Development Corp.
(P ~ cipal)
.~-- `~ ~ _
(rinclpal) Secretary B S nature) j
Sue A. LaRosa
Typed Name
(CORPORATE SEAL)
John T. BusEli, President
Typed Name and Title
P. 0. Box 180958
Address
00610-2
,.
;-
Witness to Principal
Typed Name
Witness to Principal
Typed Name
ITN S:
13y
(Surety) ~~
Paula S. Nelloms
Typed Name
RA
v~itness ~ tc~ Suret~ /
Caro /Cooper
Typed"Name ~
~-'~iV~ness as to Surety
Linda Hill
Typed Name
Casselberry, FL 32718-0958
City, State Zip
Great American Insurance Company
Surety
(513)369-5000 (513)723-2740
Telephone No. Facsimile No.
By
Attorney-in-Fact and Licensed Resident
Agent
Robert Harris Dixnn '
Typed Name
1701 W. Garden Street
Address
Pensacola, FL 32501
City, State. Zip
Telephone No. Facsimile No.
(840)432-7474 (850)470-2660
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a Joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, ail partners sflall
execute Bond.
IMPORTANT Surety companies executing Bonds must appear on the Treasury Departments most
current list (Circular 570 as amended) and be authorized to transact business in the State of
Florida, unless otherwise specifically 2pproved in writing by OWNER.
ATTACH a certified copy ofPower-of-Attorney appointing individual Attorney-in-Fact for execution
of Payment Bond on behalf of Surety.
END OF SECTION
00610-3