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HomeMy WebLinkAboutDaniels Contracting Company Labor and Materials Payment Bond Form -1999 03 29i3(jNU'NO.: FSI31-000014-I'I' Executed in 5 Counterparts SECTION 00620 LABOR AND MATERIALS PAYMENT BOND FORM THIS INSTRUMENT WITNESSETH: That we (1) Daniels Contractink Company a (2) Corporation organized under the laws of the State of Florida and regularly authorized to do business in the State of (3) Florida as Principal, and we (4) The Mountbatten Suret~panv, Inc. a (2) Corporation organized under the laws of the State of Pennsylvania and regularly authorized to do business in the State of (3) Florida as Surety, are held and firmly bound unto (5) City of Winter Springs, Florida hereinafter called the Owner in accordance with a Contract hereinafter referred to, in the penal sum of (6) horty F.i~ht 'Thousand 'I'hrec Ilunclrecl 'I'wcnty Six and 00/100 Dollars ($48.326.00) lawful money of the United States, well and truly to be paid unto the said Owner, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assignees, jointly and severally, firml by these presents. WHEREAS, the said principal has entered into a written contract with the Owner dated ~ 2 ~ for work designated as David Drive Utilities I'ro.jcct located in Winter Springs, I+'L conformity with Contract Documents hereby referred to and made a part hereof, the same to all intents and purposes as if written at length herein, in which Contract the said Principal has contracted to perform the work specified in said Contract in accordance with the terms thereof; NOW THEREFORE, the condition of this obligation is such that if the Principal shall faithfully satisfy all claims and demands incurred by the Principal of said Contract, and shall pay all obligations arising thereunder, and shall fully indemnify and save harmless the Owner from all cost and damage which the Owner might suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and expenses which the Owner may incur in making good any default by the Principal, and shall promptly make payment of prevailing wages to all persons supplying labor, equipment or materials for use in the prosecution of the work, whether by subcontractor or otherwise, and including all insurance premiums on said work as provided for in such Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. IN ADDITION, the Principal and Surety, jointly and severally, expressly guarantee that the Owner will be held harmless from any liens, claims, demands or obligations in conjunction with materials or services provided with respect to this Contract. This bond shall remain in effect for a period of one year from the date of final acceptance. The Owner may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor, shall have the right to sue on this Bond in the name of the Owner for his use and benefit. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Contract Documents accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. (1) Contractor -Daniels Contracting Company, 310 Waymont Court, Suite 104, Lake Mary, FL (2) Sole Proprietor, Partnership or Corporation (3) State in which project is located (4) Surety -The Mountbatten Surety Company, Inc., 33 Rock Hill Road, Bala Cynwyd, PA (5) Owner -City of Winter Springs, Florida, 1126 East S.R. 434, Winter Springs, FL 32708 (6) 100 percent of the Contract 32746 (407) 330-1220 19004 (610) 664-2259 (407) 327-1800 00620-1 IN WITNESS WHEREOF, thi~ instrument is e an original, this the 2`-J -~ ~,~ day of (SEAL) (1) Daniels Contracting By: Title: f'2ES in several counterparts, each one of which shall be deemed ~ cu , 1999. (SEAL) (2) The Mountbatten Surety Company, Inc. Title: Jeffrey W Reich (Attorney in Fact & Florida Licensed Resident Agent) Inquiries: (407) 786-7770 ('+) Contractor 12) Surety END OF SECTION 00620-2 .. r ll~ O THE MOUNTBATTEN SURETY COMPANY, INC. Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonwealth of Pennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint Jeffrey ta. Reich and/or Susan L. Reich all of Altaeonte Springs, Florida its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance politics, surety bonds, undertakings and other instruments of a similar nature as follows: NOT To EXCEED SIX MILLION DOt.I.l,RS (S 6,t1~O,000.00) Such insurance politics, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomcy-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and scaled with its corporate seal; and all the acts of said Attomcy-in-Fact, pursuant to the authority hereby given, arc hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28, 1992 with all Amendments lhcrcto and arc still in full force and effect: "Article XII: Politics, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Therclo. Section 12-I. Insurance politics, Minds, rca~gniliuirs, stipulations, arnscnts ul surety and underwriting undertakings of the ('mpuraliun,rnd rclcrses, agrccnx:nts •and other writings relating in any way lhcrcto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Corporation: a) by the Chairman ol'thc Board, the President or a Vice President, and by the Secretary or an Aasistant Secretary; or b) by an Auomey-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by such other officers or representatives as the Board may from lime to time dctcnnine. The seal of the Corporation shall if appropriate be affixed lhcrcto by any such officer, Attorney-in-Face or representative. The authority of such Attomcy-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any parson empowered to n>akc such appointment." IM WITNESS WHEREOF, The Mountbatten Surely Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly dttcatcd this 24th day of tune, 1998. ~wwerr ~ Tot: Mo xrrzty uturty Consr,uvv, INC. q, i (Sqa ~'~- ~~' ~ Attest: ~ ~ / ~. ~ By: 11 ~ ary L. Br gg, Secremry Kenneth L. Brier, Prc de 'L.rw/ 'f Comrrtonwea ufPennsylvania County of Montgorttery On this 24th day of June, 1998, before me personally appeared Kenneth L. Brier, President of The Mountbatten Surety Company, Inc. with whom I am personally acquainted, who, beiua by me duly sworn, said that he rcaidcs in the Commonwealth of Pennsylvania, that ht is President of The Mountbatten Surety Company, Inc., the corporation r,ese7bed in and which exec n • that he knowc the corporate seal of the said Corporation; that the seal atTixed to said insuumeit is such curyorare x~l; that it wu o affixed by order of the Board of Directors o said Corporation; and that he signed his name thereto as President of said Corporation by like authority. Notarial Seal Anthony T. Stwvart, Notary Public lower Merton Twp., Montgome Courtly (Seal) M Commission Ex iras ~ Notary Public Member, I'ennsyNartiar~}~t~otariss I, the undersigrtcd Secretary of Tha !Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attomcy of which the foregoing is a full, true and cornet zopy, is in full force and effect on the date of this Certificate and I do further certify that the OlTicer who executed the said Power of Attomcy wu one of the Officers author iz:d by Lhe Eoard of Directors to appoint an Attomcy-in-Fact u provided in Section 12-I of the By-Laws of The Mountbaltcn Surety Company, inc. This CertifiuW may be x~sn.:d and sealed by facsimile under and by authority of the following provisions of the By-Laws of The Mountbaltcn Surety Company, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By-Laws appointing and authorizing an Attomcy-in-Fact to sign in the name and on betulf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-I, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, i have hereunto set my hand a9daffixcd the corporate seal of the Corporation to these presents this day of ;~ yy Thia power of attorney is only valid with Cod FS$I-OOQO )~ and the original, red stamp affixed hereto. ~ ~ ,~ -, foal) Gary"L. Br+BB. S crclary ~ (Stamp} i4C URD CERTIFICATE OF LIAB sR DB DATE (MM/DD/YY) ILITY INSURANC ~ ~ ANIE-1 03/17/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Kuykendall Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2702 East Robinson Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orlando FL 32803 COMPANIES AFFORDING COVERAGE J M Kuykendall COMPANY A Travelers Insurance Company PhonaNo. 407-894-5431 Fax No. INSURED COMPANY B Crum & Forster Daniels Contracting Company COMPANY Attn: Annmarie Conners C Reliance Insurance Co 310 Waymont Ct. ~ #lO4 COMPANY Lake Mary FL 32746 p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO LICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GEN ERAL LIABILITY GENERAL AGGREGATE S 2 ~ 000 , 000 A X COMMERCIAL GENERAL LIABILITY DT88C0862K0825TIL99 03/01/99 O3/O1/OO PRODUCTS-COMP/OPAGG f2~000rOOO CLAIMS MADE ~X OCCUR PERSONAL & ADV INJURY f 1 ~ OOO ~ OOO OWNER'S b CONTRACTOR'S PROT EACH OCCURRENCE f 1 ~ OOO ~ OOO FIRE DAMAGE (Any one tire) frJ0 , 000 MED EXP (Any ons person) f CJ 000 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT f 1 ~ 000 ~ 000 A X ANYAUTO DT88810862K0837TIL99 03/01/99 03/01/00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) f X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccidenq f PROPERTY DAMAGE f GARAGE LIABILITY AUTO ONLY - EA ACCIDENT f ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT f AGGREGATE f EXCESS LIABILITY EACH OCCURRENCE f S ~ OOO ~ OOO $ X UMBRELLA FORM 5500690557 03/01/99 03/01/00 AGGREGATE s 10 ~ 000 ~ 000 OTHER THAN UMBRELLA FORM f WORKERS COMPENSATION AND X T/ORYTLIMIT OER- EMPLOYERS' LIABILITY EL EACH ACCIDENT f 1 ~ OOO ~ OOO C THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL 6602919 03/01/99 03/01/00 EL DISEASE-POLICY LIMIT f2r000rOOO OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE f 1 OOO OOO OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Ref• Project ITB-007-99-KL David Drive Utilities Project. Certificate holder is named as additional insured as their interests may appear. Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION C IWI SPF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Winter Springs 1126 East S.R. 434 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Winter Springs FL 32708-2799 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE J M Kuykendall ACORD 25-S (1/95) ' ORA 10 88