HomeMy WebLinkAboutAPAC - Florida Labor and Materials Payment Bond Form -2003 01 19SECTltahi 00820
9..ABCR AI~IC) tviA"fER9,~LS PAYRAEPd~' S®i~lD FOftfiR
MACASPHALT DIVISIO~iORPORATION or anized
TFiI~B~ST6~U~flBl~IT1ltt1~'~ESSETti: That we (1) APAC-FL~$I,~~.I~a(z)®... g
and re~urar ~.uthorized to da business in the State of (3)
under the Paws of I he State of ry * a ~ ar anized
FL ,~~as Principal, end we (~) LIBERT MUTU () ~~P~- g
un er the laws al the State of MA _ and regularly authorized to do business in the State of (3}
ag Surety, are hel.:. and frmly bound unto (5) CITY OF WINT~~SPRINGrnafter* ailed the [O7o ~ esi(~a* oordana;aw~ithl
a G~ntract hereinrr fter referred to, in the penal sum of (6)
mosey of the Uni~ed Stat®s, well and truly to be paid unto the said Owner, for the payment of which wa bind
our~elvas, out ht:rirs, executors, administrators, successors and assign®es, jointly and severally, firmly by these
pre ants. WHEP::AS, the said principal has entered into a written contract with the Owner dated (CITY OF WYNTER
for~ivork dasignatr-d as ASPHALT RESURFAC NG laaated fn VARIOUS STREET~_ conformity with
Contract gocumerrts hereby referred to and mad®a part hereof, the same to a!I intents and purposes as if written SPRINGS)
at I~ngth herein, ire which Contract the said Prinaipal has contracted to perform the wank specified in said Contract
in accordance witl ~ the terms thereof; * ~* ONE: HUNDRED FORTY NINE THOUSAND THREE
LIBERTY MUTUAL INSURANCE COMPANY HUNpR$D TWENTY NINE 02/100---
{~qW, 'Tt-9EREFC~~E, the canditian of this obligation is such that if th® Principal shall faithfully sat'ssfy a!I claims ($149,329.n3)
anal demands incr rued by the Principal of said Oontract, and shell pay all obligations arising thereunder, and shall
fully indemnify err i save harmless the Owner from all cost and damage which the Owner might suffer by reason
of ~he failure of t!• a Principal to do so, and shall fully reimburse and repay to the Owner all costs, damages, and
expenses which he Owner may incur in making good any default by the Principal, and shall promptly make
pa)mtent of prewriting wages to all persons supplying labor, equipment or materials for use In the prosecution of
th work, whethe~• by subcontractor or otherwise, and including all insurance premiums an said work as provided
for~in such Contn:etrthen this obligation shelf be null and void, otherwise it shall remain In full force and effect.
!Rl ApDlTION, ttl a Principal and Surety, jointly and severally, expressly guarante® that the Owner will be held
harmless-from airy hens, claims, demands or obligations In csnjunction with materials or services provided with
respect to this {:ontract. 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 famishing material or performing labor, either as
art individual or #r s a Subcontractor, shall have the right to sue on this Bond in the Warne of the Owner for his use
aid 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 ar to the Work to be performed thereunder ar the Contract
1?~cuments acaa npanying the same shall in any way affect its obligations an this Bond, and it does hereby waive
n lice of any sw: h change, extension of time, alteration or addition to the terms of the Contract or to the Work or
to~the Contract C: ocuments.
p~OVIDI=D, FIJI tTH1=R, that na final settlement between the Owner and the Contractor shall abridge the right of
amy beneficiary I' ereunder, whose claim may b® unsatisfied.
(~) Contractor
(~) Sole Prapri~: tor, partnership or Corporation
()State in whi~:h project is Iacated
({)) Surety
(~) Owner
(~) 110 percent of the Contract Amount
~fITF1~SS y+, ~pE$~1=0 F, this instrument is execut2e0d in severe{ counterparts, each one of which shall be deemed
n original, this the day of ,,,
29
($FAL) (1) APAC-FLORID, INC., MACASPHALT DIVISION
By:
Tiflis:
(SEAL) (2) IB SURANCE COMPANY
ay:
Tlf~e: KI ERLY A. WALLER, FLORIDA LICENSED RESIDENT AGENT (813) 281-2095
{Attorney in f act)
(1~ Contractor
{2~ Surety
END OF SECTION
30
THIS. POWER OF ATTORNEY IS NOT VALID UNLESS IT !S PRINTED ON RED BACKGROUND. ~ ~ ~ o ~ n
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual. insurance company, pursuant to and by authority of the By-law and. Authorization hereinafter set forth, does hereby name,
constitute and appoint, DAVID H. CARR, JAMES W. DUNN, SHARI HARRISON, MIRNA RAMpS, DENISE TAYLOR, KIMBERLY A. WALLER,
ALL OF THE CITY OF TAMPA, STATE OF FLORIDA ........................................................:............................... ............................................................
,each individually, and if there be more than one named, its true. and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on
its behalf as surety and as its act and deed, any and all bonds and consents of surety for the .release of retained percentages and/or final estimates on
engineering and construction contracts, or similar authority required by the Department. of Transpprtation, State of Florida, LIMITED in the amount
of THIRTY MILLION AND 00/100 DOLLARS ($ 30,000,000.00****"''* )each, and the execution of the aforesaid
bonds and consents of surety, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president
and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI -Execution of Contracts: Section 5. Surety Bonds and Undertakings. ~
uj Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
~ limitations as the chairman or the president may prescribe, shall appoint such attorneys-in•faet, as may be necessary to act in behalf of the ~
c company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety 9`
~ obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective. powers of attorney, shall have full power to bind the
~ company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such C
3 instruments shall be as binding as if signed by the president and attested by the secretary.
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3 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: W
~
ip Pursuant to Article XVI, Section 5 of the By-laws, Assistant Vice President Garnet W. Elliott is hereby authorized to appoint such attorneys-in- ~ £
> fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, O Q
bonds, recognizances and other surety obligations. ~ o
II That the By-law and the Authorization above set forth are true copies thereof and are now in full force and etfect. ~
d IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance y C
Company has been affixed thereto. in Plymouth Meeting, Pennsylvania this 19th day of January 2001 3 t0
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LIBERTY MUTUAL INSURANCE COMPANY ~
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y Garnet W. Elliott, Assistant Vice President p C
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COMMONWEALTH OF PENNSYLVANIA ss. 'p
COUNTY OF MONTGOMERY ~~ ~
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On this 19th day of January , A.p. 2001 ,before me, a Notary Public, personally came the individual, known to t
v me to be the therein d~sGtibed indlutdtral and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- +~ ~
ged that he executed~tt~,* setta~e;~Fifd t~i~t't~ie seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate ~ N
seal and his signatGir+r ~bscnbed therett~ was duly. affixed and subscribed to the said instrument by authority and direction of the said company.
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IN TESTIMONY 1~/HEREQF, i hereunto set my hansi and affix_my officiatseal at Plymouth Meeting, P ,the day and year first above written. C
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Notary Public ~ r
:, CERTIFICATE
I, the undersigned, WAssistant Secretary: of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full, true and correct copy; is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the
said power of attorney was one of the. officers specially authorized by the chairman or the president to appoint any a#torney-in-fact as provided in Article
XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same-force and effect as
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed. the corporate seal of the said company, this 14TH day of
JUNE 2002 ~~
- ~ ~ tantSecretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER January 19 , 20 Q3