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
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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
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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
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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
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ATTEST: o~ ~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND
0~ ~~
~p 9fPps~ ~ o
r ~ O~
w ~~ a C\(..v`
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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.
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NO~~ ~.~/
Carol J. Fader Notary Public
My Commission Expires: August 1, 2004
POA-F 031-4225A