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HomeMy WebLinkAboutSunshine Building and Development Material and Workmanship Bond Central Winds Storm Water Piping -2005 06 02 SECTION 00615 BOND NO. FS9155558 RECEIVE[) JUN 0 9 2005 MATERIAL AND WORKMANSHIP BOND CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK . KNOW ALL MEN BY THESE PRESENTS: . .. Develor:ment Corp. ' THAT WE -.Sunshine BUlldlne and. , hereinafter referred to as "Principar ' and Great American Insurance ompany hereinafter referred to as "Surety" are held and firmly bound uoto City of Winter Sorinas , hereinafter referred to as the OWNER. in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documl\'nts ,$ 34,360.62------ for the payment of which we bind ourselves, heirs, executors. successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has constructed certain improvements, including roadways, utilities, curbs, . storm' . drains and other appurtenances In that certain Project described as CENTRAL WINDS PARKWAY STORMWATER PIPING : and WHEREAS. the aforesaid improvements were made pursuant to an Agreement dated Marc n '1 h , ?nniJ. ,and filed with the PurChasing Office of OWNER; and ] WHEREAS, the Principal warrants and guarantees to the OWNER that all work, labor, materials, equipment and services fumished and performed has been done' in a good and, workmanlike manner and is of the highest quality, free from defects; and WHEREAS, Principal is obligated to protect the OWNER against any defects resulting from: faulty Materials or Workmanship of said improvements and to maintain said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents. .'., NOW THEREFORE, the conditions of this obligation is such that if Principal shall promptly and faithfully protect the OWNER against any Defects resulting from faulty Materials and ' . Workmanship of the aforesaid improvements and maintain said improvements for a period of toNo (2) years from the date of Final completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The.OWNER shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from OWNER, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost. thereof, including, but not limited to engineering, legal and contingent costs. Should-the Surety fail' or refuse to correct said Defects, the OWNER, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies against the Principal and Surety and either, both at law and in equity, including specifically, speCific performance to ' which the Principal and Surety unconditionally agree. . The Principal and Surety further jointly and severally agree that the OWNER at its option,' shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Def~cts or said , 00615-1 Defects in case the Principal shall fail or refuse to do so, and In the event the OWNER should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the OWNER the total cost thereof, including, but not limited to, engineering, " legal and contingent costs, together with any damages either direct or consequent which 'may be sustained On account of the failure of the Principal to correct said defects. IN WITNESS WHEREOF, the PrinciQaf and the Surety have executed this Bond this 2nd day of June ,2005. , ' ATT1~ Y &_ M-- (Principal Secretary) Building and Develorxne,nt Corp. Sue A. LaRosa Typed Name ." John T. Bush, President Typed Name and Title P. O. Box 180958 Address Casselberry, FL 32718 City, State, Zip (CORPORATE SEAL) (SEAL) Great American Insurance Company Surety act & Licensed Resident Agent Dixon ' 1{0 8 Paula S. Nelloms Typed Name Typed Name 580 Walnut Address Cincinnati, OH 45202 City, State, Zip Street : ~ " (513)369-5000/(513)723-2740 Telephone No. Facsimile No. 00615-2 TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. FS9155558 , effective June 2, 2005 In accordance with the Terrorism Risk Insurance Act of2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share ofterrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. Note: Date of the Bond must not be prior to the date of Final Completion. If Principal isa partnership, all partners shall execute the Bond. If Principal is a joint venture, then all venturers shall execute the Bond. Attach a certified copy of Power-of-Attorney appointing individual AttomeHn-Fact for execution of this Maintenance Bond on behalf of Surety. . . END OF SECTION 00615.3 .. \.; \wi .J . ' GREAT AMERICAN INSURANCE COMPANY Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.O 16174 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. LEWIS DONALD RUSHING ALAN DOUGLAS MOORE ROBERT CORLEY MCLENDON Name ROBERT HARRIS DIXON GILBERT OSWALT BENNETT Address PENSACOLA, FLORIDA PENSACOLA, FLORIDA PANAMA CITY, FLORIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 24TH day of AUGUST, 2004 Attest GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412-4602) STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 24TH day of AUGUST, 2004 ,before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 2nd day of June ' 200S S 1157F (4/04)