HomeMy WebLinkAboutDrainage ImprovementsPAYMENT AND PERFORMANCE BOND BOND NUMBER: 4771324
(This form provided by Owner as an example of the form of bond; the actual bond form must conform to
the standards required by Florida Statues)
KNOWN ALL PERSONS BY THESE PRESENTS: that
TIMOTHY ROSE CONTRACTING, INC.
(Name of Contractor)
1360 Old Dixie Hwy SW, Suite 106, Vero Beach, FL 32962
(Address of Contractor)
a Corporation , hereinafter called Principal and
(Corporation, Partnership or Individual)
WESTFIELD INSURANCE COMPANY
(Name of Surety)
One Park Circle, P.O. Box 5001, Westfield Center, Ohio 44251-5001
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto THE CITY OF SEBASTIAN ("Owner"),
whose address shall be known as
1225 Main Street, Sebastian, FL 32958
, in the total aggregate penal sum of 100%
of the contract amount equivalent to
Seventy-seven thousand, three hundred thirty-five and 60100 --Dollars
(written amount of contract)
($ 77,635.60
(numerical amount)
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Agreement with the Owner, dated the 27th day of June 2016, , a copy of which is hereto attached
and made a part hereof, for Working Waterfront Drainage Improvements
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreements of said contracts during the original term thereof, and any
extension thereof which may be granted by the Owner, with or without notice to the SURETY and during the
one year guaranty period and if the
PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and
save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and
BOND NUMBER: 4771324
shall reimburse and repay the Owner for all costs which it may incur in making good any default, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that 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 or to WORK to be performed
thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND,
and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of
contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended, automatically
and immediately, without formal and separate amendments hereto, upon amendment to the Contract not
increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full
and faithful performance of the contract as so amended, the term "Amendment", wherever used in this
BOND, and whether referring to this BOND, or the Contract shall include any alteration, addition, extension,
or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the Owner and the PRINCIPAL shall abridge the
right of the other beneficiary hereunder, whose claim may be unsatisfied. The Owner is the only beneficiary
hereunder.
IN WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed an
original, this the 28th day of June 2016
ATTEST:
(Principal) Secretary
(SEAL)
(Witness as to Principal)
TIMOTHY ROSE CONTRACTING, INC.
(Princi al)
00
B•
Signature
L
Vero Beach, FL 32962
PROVIDED, FURTHER, that no final settlement between the Owner and the CONTRACTOR shall abridge
the right of any beneficiary hereunder, whose claim may be unsatisfied.
BOND NUMBER: 4771324
WITNESS WHEREOF, this instrument is executed in two counterparts, each of which
shall be deemed an original, this the 28th day of June 2016
ATTEST:
(Principal Secretary)
(SEAL)
- --wi
( ' ess as to Principal)
w3 N IAu.�sw
Ve�� �L
ATTEST:
(Witn as to Surety)
30.70 Svv Map* Road
(Address)
Palm City, FL 34990
TIMOTHY ROSE CONTRACTING, INC.
(Principal)
B•
(Signature)
(PrinW Name and Title)
1360 Old Dixie Hwv SW, Suite 106
(Address)
WESTFIELD INSURANCE COMPANY-—.
(Surety Typed or Printed) - -
4Attorney-in Fact Sig)
(Printed Name and Title)
One Park Circle, P.O. Box 5001
(Address)
Westfield Center, Ohio 44257-5001
Note: Date of Bond must not be prior to date of the Agreement.
If Contractor is a partnership, all partners should execute the Bond.
IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST APPEAR ON THE TREASURY
DEPARTMENT'S MOST CURRENT LIST (CIRCULAR 570 AS AMENDED) AND BE AUTHORIZED
TO TRANSACT BUSINESS IN THE STATE OF FLORIDA.
General POWER NO. 0990102 00
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers Insurance Co.
Westfield Center, Ohio
Know All Men b These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individual) as a "Company" and collectively as "Companies," duly
organized and existingunder the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these
presents make, constiute and appoint
CABOT W. LORD, JOSEPH E. COONS, JOINTLY OR SEVERALLY
of PALM CITY and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
stuetyship•.............................•-------..................----- .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE. OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -In -Fact shall be as binding upon the Company as if signed by thePresidentand sealed and attested by the Corporate Secretary."
'Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or arr
y certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be vafd and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February S. 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 21st day of MARCH A.O., 2014 .
Corporate
e� ••r'"'""""`'" WESTFIELD INSURANCE COMPANY
SealsO� �••w;0'C�, �,•••`��N �HsG•, ........��WESTFIELD
"� �'' "s' oo �' '•?' = �' '`•� OHI FARMERS I INSURANCE CCOMPANY PANY
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State of Ohio 1188181116%, p�"" """'"`� By:
P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
Seal a%A f.
Affixed Q'. " `S
a. r
•0 David A. Kotnik, Attorney at Law, Notary Public
State of Ohio N - My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: '91 ��
1aFo
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio. this 28th day of
A'" 2016
June r.:.•.,,,,
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Now
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SEAL M _� _ �itita•>►�'[
N ; "IdAA1,SfcTftarrj►
+� ,•°oma='•,ig48 : Frank A. Carrino, Secretary
BPOAC2 (combined) (06-02)