HomeMy WebLinkAboutA.P.E.C., Inc. Labor and Material Payment Bond September -1999 09 02
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No.: 0707-17011
Executed in 4 Counterparts
AlA Document A311
labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
APEC, Inc.
7819 Thicket Lane, Orlando, FL 32819 (407) 493-4022
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and,
John Deere Insurance Company
3400 80th Street, Moline, IL 61265-5886 (800) 447-0633
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Winter Springs (Here insert full name and address or legal title of Owner)
1126 East SR434, Winter Springs FL 32708-2715 (407) 327-5989
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
amount of Sixty Nine Thousand, Two Hundred Fifty & 001100
(Here insert a sum equal to at least one-half of the contract price)
Dollars ($
---69,250.00--- ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
(Here insert full name and address and description of project)
Project #014-99, New Turn Lane, Curb & Gutter, Striping Overlay @ Hayes Road, SR434, Winter Springs FL
, entered into a contract with Owner for
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND' . AIA@ 3
FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
~. OR.idA~ 222 S. Westmonte Drive, Suite 307
S RElY Altamonte Springs, FL 32714
I I (407) 786-7770
NC 5 NC.
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol-
lowing conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written
notice to any two of the following: The Principal, the
Owner, or the surety above named, within ninety (90)
days after such claimant did or performed the last of the
work or labor, or furnished the last of the materials for
which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action of business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b) After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract, it
being understood, however, that if any limitation em-
bodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and to
the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 OR
SECTION 713.23, FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY
REFERENCE.
Signed and sealed this
aND
f);JSt-.
(Witness)
~-/~1:0-_~~~ X f..e~-Z;<0
(Witnes
day of
6ejJK~h.6e/
APEC, Inc.
(Seal)
/()
;!~yS J
ditl~ '-
I
f
John Deere Insurance Company
(Surety)
(Seal)
· /&JV(
Jeffrey ,(Title)Attorney-in-Fact & Florida
Licensed Resident Agent (407) 786-7770
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND'. AIA@
FEBRUARY 1970 ED. . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., NW., WASHINGTON, D.C. 20006
4
John Deere Insurance Company
POWER OF ATTORNEY
Bond Number: 0707-17011
KNOW All MEN BY THESE PRESENTS, that John Deere Insurance Company, a corporation duly organized under the laws of the State
of Illinois, and having its principal place of business in the City of Moline, State of Illinois, does hereby make, constitute and appoint
Jeffrey W. Reich and Susan L. Reich its true and lawful Attorneys-in-Fact, for it, and in its name, place and stead, with full power and
authority to sign, execute, acknowledge and deliver for and on its behalf and Surety, any and all bonds to a maximum limit of $5,000,000. per
bond numbered above with an effective date of '''' 5yr+~hf)y""" Year 1999. This Power of Attorney is valid through December 31, 1999.
IN WITNESS WHEREOF, the John Deere Insurance Company has caused their name to be subscribed hereto by its Senior Vice President,
and its co~rporate seal to be affixed, atte ted to by its Assist~nt. ~\:ti~~:~~ this 5th day of March 1999.
Signed: . /seal: ~''''''''''':.L~'" Attest:
. I' I ~
. ~ ,.0
/ I Q. CORPORATE :;:
/ 21 SBAL ::p.
~4/f/~ '/L / ~'. ':.':.::if
. " (/)/ /<<1, /).. .-'.' ,,~
Robert D. Holland, Senior ice President - *.~.........~;' ';l
John Deere Insurance Company LmO\
Peter H. veil, Assistant Secretary
John Deer Insurance Company
State of Connecticut)
) ss.
County of Hartford )
ACKNOWLEDGEMENT
I, Lisa L. Johnson, Notary Public, do hereby certify that Robert D. Holland, Sr. Vice President of John Deere Insurance Company and Peter
H. Lovell, Asst Secretary of John Deere Insurance Company, personally known to me to be the same persons whose names are subscribed
to the foregoing instrument as such Senior Vice President and Asst Secretary, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth.
Given under my hand and official seal, this 5th day of March 1999.
LISA L. JOHNSON
NOTARY PU~LIC
MY COMMISSION EXPIRES. j
!' THORlZA TION
I, Peter H. Lovell, Assistant Secretary of John Deere Insur~ce Company, hereby certify that John Deere Insurance Company is duly
licensed to transact fidelity and surety business in all States of the United States of America, that the foregoin9 Power of Attorney is a correct
and true copy of the original Power of Attorney, that said Power of Attorney has not been revoked, and I further certify that the following is a
true and exact copy of two resolutions passed by the Board of Directors of John Deere Insurance Company at meetings held by said Board, a
quorum being present and voting on the date specified below, which resolutions are still in effect:
RESOLVED. that the President or any Senior Vice President in conjunction with any Secretary or Assistant Secretary, be and they
are hereby authorized and empowered to appoint Attorneys-in-Fact of the company, its name and as its acts, to execute and acknowledge for
and on its behalf as Surety any and all bonds, recognizance, contracts of indemnity, waivers of citation and all other writings obligatory in the
nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their
own proper persons. (Adopted 11 September 1969.)
RESOLVED, that the signature of any Officer authorized by the Bylaws and the Company seal may be affixed by facsimile to any
power of attorney or special power of attorney or certification of either for the execution of any bond. undertaking, recognizance or other
written obligation in nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of
such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed. (Adopted 29 April 1971.)
Given under my hand and official seal, this 5th day of