HomeMy WebLinkAboutEsterson Construction Company Labor and Materials Payment Bond -2002 01 24SECTION 00610 BOND N0. 103735423
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
_ F.STF.RSON CONSTRUCTION COMPANY, INC.
(Name of CONTRACTOR)
794 BT TREE DRIVE SUITE 108, LONGWOOD, FL 32750, (407) 830-5788
(Address or CONTRACTOR]
a rnRpORaTTnN hereinafter after called
(Corporation, Partnership or Individual)
Principal, and 'r'R avET.ERS CASUALTY AND SURETY COMPANY OF AMERICA
(Name of Surety)
_ HATE TOWER SoUARE. HARTFORD, CT_ 06183-6014, (407) 649-2693
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the Citv of Winter Springs
hereinafter called OWNER, in the full and just Sum of **** DOLLARS,
(~ ~ , 7~ 7, 777.00 ) in lawful money 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 (110%) of the Contract
Price. **** ONE MILLION SEVEN HUNDRID SEVENTEEN THOUSAND SEVEN HUNDRED SEVENTY SEVEN ~
00/100 DOLLARS.
THE CONDITION OF THIS OBLIGATION is such thatw ereas, the Principal entered into a certain
Agreement with the OWNER, dated the.~day o , ~, and made a part
hereof the construction of HICKORY GROVE PARK AD and USKAW ILLA ROAD ROADWAY
IMPROVEMENTS. OWNER'S ADDRESS: 1126 EAST STATE ROAD 434
WINTER SPRINGS, FL 32708, PH# (407) 327-1800
The Surety shall be hound 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 'Bend is furnished for the purpose of complying with the requirements of Section
255.05, Florida Statutes, as the same may be amended.
00610-1
2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and
who has not received payment for his labor, Materials or supplies shall, within forty-five (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 his labor, Materials or supplies shall within ninety (90) days after 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 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 maybe instituted against the CONTRACTOR or
the Surety on the bond after one (1) year from the performance of the tabor or completion of
the delivery of the Materials or supplies.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder
shad remain in foil force and effec± 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 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.
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 Performance 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 day of
20
ATTEST:
(Principal) Secretary
i~.rl G E, S4'E KJ o ~J
Typed Name
(Principal)
C.._.~-~
By (Signature)
COMPANY, INC.
(CORPORATE SEAL)
Typed Name and Title
a~1~ ~~r~s ~pnn~~ -
794 BIG TREE DRIVE, STE. 108
Address
00610-2
~~~ ~ N~
LONGWOOD, FL 32750
Witness to Principal City, State, Zip
-cat~ ~ j~'i e.
Type me i ~~
C
Witness to 'ncipal
Typed Name
ATTEST;
By
(Si~retyl ~e~reta. 1
KATIE K. FLOWERS
Typed Name
9~POR,o,TE SEAL)
Witness as t Sur y
SIIZY YOCIIM
Tye Name
fitness as to ety
.TENNIFER.MCCARTA
Typed Name
TRAVELERS CASIIALTY AND SURETY COMPANY OF AMERICA
S i~ rp±~ r
ephd;ne No. / / /facsimile
Attorney-in`Fact
AGENT
APRIL L. LIVELY
Typed Name
1Q04 BOOTHS CIRCLE
Address
LONGWOOD, FL 32750
City, State, Zip
LICENSED RESIDENT
(407) 834-0022, (407) 260-1767
Telephone No. Facsimile No.
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, all partners shall
execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury 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 copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution
of Payment Bond on behalf of Surety.
END OF SECTION
00610-3