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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 SEz AL :m n, '8:, 1848O ; B - 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.:.•.,,,, tt�� �o Now �^'SG,p : ..•'N�`y'•�, �# SEAL M _� _ �itita•>►�'[ N ; "IdAA1,SfcTftarrj► +� ,•°oma='•,ig48 : Frank A. Carrino, Secretary BPOAC2 (combined) (06-02)