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HomeMy WebLinkAboutEnglar Dr. Pavement OverlaySE r" HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772)388-8214 Phone February 10, 2017 Timothy Rose Contracting 1360 SW Old Dixie Hwy Vero Beach, FL 32962 RE: Release of Payment & Performance Bond for the 2014 Englar Drive Pavement Overlay-- Bond # 480255P. Dear Timothy Rose Contracting: I am releasing payment and performance bonds #480255P issued by Developers Surety and Indemnity Company in the amount of $103,880.00 to the City of Sebastian to Provide 2014 Sebastian Englar Drive Pavement Overlay. Sincerely, eanette Williams, MMC City Clerk Attachment: Original Bonds #480255P cc: City Manager City Attorney City Engineer CM Of y 014 11, "'.4 t \ HOME OF PELICAN BLAND CERTIFICATE OF PROJECT COMPLETION Date Accepted: 4/25/15 Project Name & t/: 2014 STREET PAVING A 1433 Total Project Expenditures: $104,166.80 Project Location: ENGLAR DRNE Contractor: TIMOTHY ROSE CONSTRUCTION Contract Amount: $103.888.00 Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as is relates to bond performance, payment of subcontractors, release or liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In noway does the issuing of this certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being complete. Project Manager t Date N h+ Building Of L Lal II Date / �J -41 /S Adm' ' Liv rvi s tre Date � Pu lic Works Directorate e� CityManager J Date Date S/g11 Date PUBLIC WORKS BOND lE THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER x255.05 FLORIDA STATUTES. BONDNO. 480255P CONTRACTOR NAME: Timothy Rose Contracting, Inc. CONTRACTOR ADDRESS: 1360 SW Old Dixie Hwy . , Vero Beach, FL 32962 CONTRACTOR PHONE NO. (77Z-564-7800 SURETYCOMPANY: Developers Surety and Indemnity Compa_n 1QO Second Avenue South Ste 704S Petersburg, - OWNER NAME: City of Sebastian OWNERADDRESS: 1225 Main Street Sebastian, FL 32958 OWNER PHONE NO. �. ) OBLIGEE NAME:(If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO. (. ) BOND AMOUNT: $103r880.00 CONTRACT NO. (If Appiicable) DESCRIPTION OF WORK: 2014 Sebastian Englar Drive Pavement Overlay PROJECT LOCATION: -City ot Sebastian, FL LEGAL DESCRIPTION: FRONT PAGE (ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREOF 3120140049373 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2782 PG: 2062 Page 1 of 5 8/21/2014 3:03 PM . -480255P PAYMENT AND PERFORMANCE BOND (This form provided by Owner as an example of the form of bond, the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that Timothy Rose Contracting, Inc. (Name of Contractor) 1360 SW Old Dixie Hwy., Vero Beach, FL 32962 (772)564-7800 (Address of Contractor) a Corporation , hereinafter called Principal and (Corporation, Partnership or Individual) Developers Surety and Indemnity Company (Name of Surety) 100 Second Avenue South, Ste 704S, St. Petersburg, FL 33701 (Address of Surety) (866)875-7929 hereinafter called Surety, are held and firmly bound unto City of Sebastian ("Owner"), whose address shall be known as 1225 Main Street , Sebastian, FL 32958 in the total aggregate penal sum of 100'/6 of the contract amount equivalent to One Hundred Three Thousand Eight Hundred Eighty Dollars (written amount of contract) ($ 103,880.00 (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 CONDMON OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the day of , 2007, a copy of which is hereto attached and made a part hereof, for 2014 Sebastian Englar Drive Pavement Overlay 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 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 19 day ofAugust , 2014. ATTEST: I i .+' •• 'tom cCipei)"5ecretary • r (Witness as to' ip Timothy Rose Contracting, Inc. (Princ' • Signature Printed Name & Title Timothy Rose President 1360 SW Old Dixie Hwy. Address 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. WITNESS WHEREOF, this instrument is executed in 2 counterparts, each of which shall be deemed an original, this the 19 day of August -.12014. ATTEST: Z; (Principal Secretary) • JSEA, L :y ; ....As to Principal) CO " `• _ l36OS�Ad �CILfC Address v , ATTEST: (Witness as to Surety) •s-73 1 -of - S a,-%, � IL it . (Address) Timothy Rose Contracting, Inc. (Principal) B (Signature) Timothy Rose President (Printed Name and Title) 1360 SW Old Dixie Hwy. (Address) Vero Beach,FL 32962 DevpiVpers Surety and Indemnity ( Typed or ted) eompany (Attorney -in Fact Signature) Robert Barra Attorney In Fact (Printed Name and Title 100 Second Avenue Soath, Ste704S (Address) St. Petersburg, FL 3:01 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 v ,T SU$ DEPARTMENT'S MOST CURRENT LIST (CIRCULAR 570 AS AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA. ,480255P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: ***Robert Barra*** as its true and lawful Attomey(s}in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship including, without limitation, any and all surety bonds, and consents or other writings required by the Florida Department of Transportation incident to the release of retained percentages and final estimates on construction or maintenance contracts, giving and granting unto said Adomey(s)in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of March 25th, 2009. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this March 25th, 2009. BY ,................ NO�. Daniel Young, Vice President ,=yJ , o�QORq� • ` OCT.:LU 10 By: :o`: 1936 0 Stephen T. Pate, Senior Vice President State of California County of Orange On March 25th, 2009 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) 'Gregg Okur vistant Secretary 0-1438(Wet)(Rev.10/11) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are tubed to JENWY TT NGU'YEN the within instrument and acknowledged to me that he/she/they executed the same in his/her•/yyry.', capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the enti i�por',t6h�tr } - -. %► t r COMM. # 1791t$4Q c. which the person(s) acted, executed the instrument. `�� ti �;',.�� ; , . ,,,., i ` �. z'.y •,! ':'*; ;.z'fi, ,. NOTARY PUBLIC ORANGE COLOM ,.• i .� } ;• • i ''.7 " ..' j r I certify under PENALTY OF PERJURY under e I �• •� '' � • � i , ty the laws of the State of California that the fbFegti ' �•. '•' : '' ;;< comex my comm. mores FW 1%2M2 true and correct.•1 * t�•;at ' „••tic WITNESS my hand and official seal. i�Y`±'I�TrC•••r .t . p�i't.. i �i�.1 Place Notary Seal Above Signature •.;; r �: Je TT Ng CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate Is executed in the City of Irvine, California, the 19 day of Augus t 2014 By: 'Gregg Okur vistant Secretary 0-1438(Wet)(Rev.10/11)