HomeMy WebLinkAboutSheltra & Son Conctruction Co. Inc.cmOr
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HOME OF PELICAN ISLAND
1225 Main Street
Sebastian, FL 32958
(772)388-8214 Phone
April 12, 2017
Sheltra & Son Construction Co.
14911 SW Van Buren Ave.
Indiantown, FL 34956
RE: Release of Payment & Performance Bond for Potomac Drainage
Improvements—Bond # 54-184682
Dear Mr. Sheltra:
I am releasing payment and performance bonds # 54-184682 issued by United Fire & Casualty
Company in the amount of $88,346.00 to the City of Sebastian to Provide and Install Drainage
Improvements for Potomac Avenue, Sebastian FL.
Sincerely,
4Jn'e�e Williams, MMC
City Clerk
Attachment: Original Bonds #54-184682
620 N. Wymore Road, Suite 200
FLORIDA SURETY BONDS,INC. Maitland, FL 32751
407-786-7770
Fax 407-786-7766
1326 S. Ridgewood Avenue, Suite 915
Daytona Beach, FL 32114
386-898-0507
Fax 386-898-0510
888 -786 -BOND (2663)
Fax 888 -718 -BOND (2663)
April 21, 2011
www.FloridaSuretyBonds.com
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Re: Authority to Date Bonds and Powers of Attorney
Principal: Sheltra & Son Construction Co., Inc.
Bond No.: 54-184682
Project: Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL
Dear Sir or Madam:
Please be advised that as Surety on the above referenced bond, executed on your behalf
for this project, we hereby authorize you to date the bonds and the powers of attorney
concurrent with the date of the contract agreement.
Once dated, please fax a copy of the bonds to our office.
Sincerely,
United Fire & Casualty Company
Patricia L. Slauqhter
Attorney -in -Fact and
Florida Licensed Resident Agent
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: 54-184682
Executed in 3 Counterpart(s)
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that Sheltra & Son Construction Co., Inc.
(Here insert full name and address or legal title of Contractor)
14911 SW Van Buren Avenue
Indiantown, FL 34956 (772) 597-3180
as Principal, hereinafter called Contractor, and, United Fire & Casualty Company
PO Box 73909 (Here insert full name and address or legal title of Surety)
Cedar Rapids, IA 52407-3909 (319) 399-5700
as Surety, hereinafter called Surety, are held and firmly bound unto ha�
Clegf SeTu'it`name and address or legal title of Owner)
1225 Main Street
Sebastian, FL 32958 (772) 589-5330
as Obligee, hereinafter called Owner, in the amount of Eiqhty-Eight Thousand Three Hundred Forty -Six and 00/100
Dollars ($ 88,346.00 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated d / , entered into a contract with Owner for
(Here insert full name and address and description of projec )
Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL
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.
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- • AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE, N.W., WASHINGTON, D.0 20006
�Flol6tk
Si-M IY
PERFORMANCE BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner,
and make available as Work progresses (even
though there should be a default or a succession of
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND
ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE
WITH THE NOTICE AND TIME LIMITATION PROVISIONS 1N SECTION 255.05(2) OR SECTION 713.23
FLORIDA STATUTES.
Signed and sealed this 2 64f1
(Witness)
2b i l
day of
Sheltra & Son Construction Co., Inc.
(Principal) (Seal)
(Title)
I InifiPd Fire & Casualty Conngany
(Surety) (Seal)
(Witness) ,
Patricia L. Slauqhter
Attorney -in -Fact and FL Lic. Resident Aqent
Inquiries: (407) 786-7770
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- • AIA
FEBRUARY 1970 ED. 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON. D.C. 20006
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No.: 54-184682
Executed in 3Counterpart (s)
AIA 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 Sheltra & Son Construction Co., Inc.
14911 SW Van Buren Avenue (Here insert full name and address or legal title of Contractor)
Indiantown, FL 34956 (772) 597-3180
as Principal, hereinafter called Principal, and,United Fire & Casualty Company
PO Box 73909 (Here insert full name and address or legal title of Surety)
Cedar Rapids, IA 52407-3909 (319) 399-5700
as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian
(Here insert full name and address or legal title of owner)
1225 Main Street
Sebastian, FL 32958 (772) 589-5330
as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the
amount of Eiqhty-Eight Thousand Three Hundred Forty -Six and 001100
(Here insert a sum equal to at least one-half of the contract price) Dollars ($ 88,346.00
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
,entered into a contract with Owner for
(Here insert full name and address and description of project)
Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL
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.
AIA 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
j ORidA
}S ;RfrY
�+c.mds Esc.
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 pro'ect is located, save that such service need
not be made gy 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 IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES,
AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN
ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR
SECTION 713.23 FLORIDA STATUTES.
Signed and sealed this A k¢+%(\
day of 1 2.01 k
Sheltra & Son Construction Co., Inc._ _
(Principal) (Seel)
(Witness) -
(Title)
United Fire & Casualty Company
(Surety) (Seal)
Patricia L. Slauqhter 61
Attorney-in-Factand FL Lic. Resident Aqent
Inquiries: (407) 786-7770
AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- . AIA
FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W.. WASHINGTON, D.C. 20006
its true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in. its behalf all lawful
bonds,undertakings and other obligatory instruments of similar �hature' as. follows: A ] 1 bonds not to exceed $25, Q00, 000 00
and to, bind
,UNITED FIRE & CASUALTY COMPANY: thereby as fully,aa d to the same extent as if such instruments were signed � by
the duly` authorized officers of'UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the I
authority
hereby given are hereby ratified and confirmed.
The Authority .hereby granted is continuous ,and shall remain. in full force and effect until revoked by. UNITED FIRE &
CASUALTY.. COMPANY.
This power ofAttorney is made and executed pursuant.to:and by authority ofthe following By�Law duly adopted`by Board of
Directors of;the Company on ApnE 18; 1973,
,. . .
"Article V Surety.Bar>ids and, Undertakings"
`Section 2, Appointment of Attorney -in -Fact. 'The President or any Vice President, or any other..officer of theCompany may.
from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies
of insurance, . bonds,. undertakings and other obligatory instruments of like nature. The signature of any officer authorized,
hereby,and the Corporate seal, may be affixed by facsimile to any power of attomey ' or ,special power of attorney or .. .
.certification of :.either authorized hereby.; such signature and seal, when so used, being 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:. fhe
same: force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set:forth in their
respective certificates of authority shall have full power to bind the Company by their signature and execution "of any such
instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or
any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact._..
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by
:its vice president and its corporate seal to be hereto affixed this 27th day of January, 2010
.,
COMRAIM
-• UNITED FIRE & CASUALTY COMPANY
'66At e
. nil By
State of Iowa,. County of Linn, ss:
Vice President .
On 27th day of January, 2010; before me personally came Dennis J. Rlchmann
to me known, who being by me duly' sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he ise' a Vic
:President of the UNITED FIRE &:CASUALTY COMPANY, the corporation described in and which executed the above.instrument; that
he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate' seal; that it was so affixed
pursuant to authority.. given. by the Board of Directors of: said corporation and that he signed his name thereto.. pursuant to....like
authority,;and acknowledges same.lto beahe act and deed'of said corporation.
MaryA. Jansen
Iowa KQJA&I Seal
Commission number 713273
My commission Expires 1 =6111 3 Notary Public :: .
I, the undersigned officer of the. UNITED FIRE .& CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy
ofahe Power of Attorne and affidavit, and .the'Co
y py of the. Section 'of the by-laws of said Company as set forth in: said Power of` .
Attorney, with the.ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are :correct transcripts.?
thereof,:and of :the whole of the. said originals, and that the said Power.of Attorney has not been revoked and is now in full force'and
effect:
.��►"""'�"�� 'In testimon "whereof I have hereunto subscribed: m name and affixed the corporate seal of the said Com an
,G Y . y rp P y
this day of 20
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