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HomeMy WebLinkAboutDiversified Drilling Corporation Labor and Materials Payment Bond -2001 11 07F I L' E No .883 10129 ' Ol 16 ~ 41 ~ D ~ DDC_CORPORATE FAX ~3 985 6636 ~. SECTION 00610 LABOR ANI] MATERIALS PAYMENT BOND Bond No 08592379 KNOW ALL MEN BY THESE PRESENTS: that Diversified Drilling Corporation (Name of CONTRACTOR) PAGE 7i 13 P O Box 290699, Tampa FL 33687 0699 PH:(813)988-1132 (Address of CONTRACTOR) a corc~rat-; ~„ hereinafter after called (Corporation, Partnership or Individual) Principal, and Fidelity and Deposit Canpany of Maryland PH: (800)638-1245. (Name of Surety) 3910 Keswick Rd, Baltimore MD 21211 (Address of Surety) hereinafter called Surety, are held and firmly bound unto i1City of winter springs FL *see below - hereinafter called OWNER, in the full and just Sum of **see below DOLLARS, ($ 300, 465, 00 1 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 resents. The sum shall not be less than one hundred ten percent (1109~e) of the Contract Price. City, of Winter Springs FL 1126 E SR 434, Winer Springs FL3279~ **'Thrr~ FYuzulretl Z"no'aa~d Four Hundred Si~y dive dollars ~ 00-100 PH: l 07) 327-5984 THE CONDITION OF THIS OBLIGATION is such that whereas, the Princi reed into a certain Agreement with the OWNER, dated the ~~ day of +~c~c2 , p~~~~~nd made a part hereof the Construction Of j~Water Treatment Plant 1 -Well No. 4 LEGAL: Water Treatment Plant 1, 851 Northern Way, Winter Springs FL 32708 (~1 Name o/Owner (2) Noma o/ProJBCt idandBad !n Insf/utt~Cns ro BldQers 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 tha prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in foil force and effect subject, however, to the following conditions: This bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same maybe amended. ooslo•1 FILE No .883 1Ui29 ' Ol 16 : 42 ~ D : DDC_CORPORATE FAX : 3 985 6636 PAGE 8i 13 .~ 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 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 shell remain In full force and effect 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 19ankruptcy 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. Any changes in or -under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes then.in shall not affect Suret~s obligations underthis 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. b. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. IN W ITNESS WHEREOF, this instrument is executed this the ~ day of , 20 O1 ATTEST: (Princ al) Secretary JANIE A. BRANN Typed Nam® (CORPORATE SEAL) Diversified Drilling Corporation (Principal) 6y (Sig tuts) JANIE A. BRANN, VP/SECRETARY Typed Name and Title P O Box 290699, T FL 33687 0699 Address 00610-Z FILE No.883 14129 'Ol 16~4~ID:DDC_CORPORATE FAX' 13 985 6636 Witness to Principal T ed Name /- C- rtness to Principal JEAN C. McMANIS Typed Name ATTEST: By (Surety) Secretary City, State, Zip PAGE 9~ 13 Fidelity and Deposit Company of Maryland Surety 800-638-1245 Typed Name (CORP ATE SEAL) Witness as to Surety ess pcs to Surety ~ fl, ~ ~ ~~~~ ~,~ Typed Name No. A Facsimile No. Attomeal~in Fact & Florida Licensed `~$esi~ent Agent _Pat E White Typed Name 3910 Keswick Rd, Baltimore MD 21211 Address City, State, Zip 800-638-1245 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, ail partners shall execute Bond. IMPORTANT: Suretycompaniesexecuting Bonds mustappearon theTreasuryDepartment'smost current list (Circular 57o as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNEA. ATTACH acertifiedcopy ofPower-of-Attorney appointing individual Attorney-in-Fact for execution of Payment Bond on b®half of Surety. END OF SECTION 00610-3 • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HANIMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint E. J. O'MARA and Pat E. WHITE, both of Tamp , Florida, E CH its true and lawful agent and Attorney-in- Fact, to make, execute, seal and deliver, for, and on its b surety its act and deed: any and all bonds and undertakings and the execution of such bonds or unde m pars f these presents, shall be as binding upon said Company, as fully and amply, to all intents and pu as if th been duly executed and acknowledged by the regularly elected officers of the Company at its office,~r; timore, their own proper persons. The said Assistant Secretary does hereby certify th - extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is force. e IN WITNESS WHEREOF, the said Vice ~ ' ent an tant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FI AND,IOSIT COMPANY OF MARYLAND, this 26th day of June, A.D. 2001. 0 ~v ATTEST: o~ ~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0~ ~~ ~p 9fPps~ ~ o r ~ O~ w ~~ a C\(..v` ~ ~~ t? o By: ~. L. Goucher Assistant Secretary M. P. Hammond Yice President State of Maryland County of Baltimore ss: On this 26th day of June, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~~~ NO~~ ~.~/ Carol J. Fader Notary Public My Commission Expires: August 1, 2004 POA-F 031-4225A