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
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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