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HomeMy WebLinkAboutBond ReleaseDICKERSON FLORIDA, INC. cost Unice Cox 91u Fort Pierce, Florida 34954-0910 Phone: (772) 429-4444 Fax: (772) 429-4445 Sent via FedEx 7706 6099 2518 TO City of Sebastian 1225 Main Street Sebastian, FL 32958 FOLLOWING ITEMS ARE..... [X]Attached [ ] Separate Cover [ ] Shop Drawings [ ] Copy of Letter [ ] Change Order THES LETTER OF TRANSMITTAL Date: November 3, 2017 Job No.: 4019 Attention: Cathy Testa - Records Clerk Reference: Sebastian Airport Taxiways D & E [ ] Plans [ ] Specifications [ ] Prints [ ] Samples [ ] Other Description 1 Certified copy - Recorded Bond E ARE TRANSMITTED as checked below: [ ] For approval [ ] Approved as submitted [ ] Resubmit_ copies for approval [ ] For your use [ ] Approved as noted [ ] Submit_ copies for distribution [ X ] As requested [ ] Returned for corrections [ ] Return corrected prints [ ] For review and comment [ ] For bids due '20 [ ] Prints returned after loan to us REMARKS: COPY SIGNE Executive Assistant 3120170061891 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3066 PG: 64,10/27/201710:13 AM PAYMENT AND Travelers Casualty and Surety Company of America PERFORMANCE BOND Hartford, CT 06183 (Florida Public Works) Bond No.: 106609274 Bond MUST be recorded in public records of County where improvement is located Principal (Contractor) : Dickerson Florida, Inc Address: P O Bos 910, Fort Pierce FL 34954 Telephone: 772429-4444 Surety: Travelers Casualty and Surety Company of America Address: One Tower Square, Hartford CT 06183 Telephone: 919.474.4803 Owner: City or Sebastian Address: 1225 Main Street, Sebastian, FL 32958 Telephone: 772-228-7001 Contracting Public Entity (if different from Owner): Address: Telephone: Contract Number. Project Description: Taxiways "D" and "E" at the Sebastian Municipal Airport NOTE: 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), Florida Statutes. KNOW ALL BY THESE PRESENTS, That we, Dickerson Florida. Inc. Called the Principal, and Travelers Casualty and Surety Company of America , a Connecticut corporation, called the Surety, are held and firmly bound unto , called the Obligee, in the sum of one million <even hundred fifty eight thousand three n a ea cv q two a a7imb Dollars ( $1.758372.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated October 11, 2017 as described above ("Contract"). The Contract is referred to herein for the limited purpose of defining the work to be performed, and its terms are not incorporated herein. NOW, THEREFORE, the condition of this obligation is such that if the Principal performs the Contract and, subject to the conditions and limitations set forth herein, makes payment to all Claimants, as defined in Section 713.01, Florida Statutes, whose claims derive directly or indirectly from the prosecution of the work provided for in the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. 1. No suit or action for labor, materials, or supplies shall be instituted hereunder against the Principal or the Surety unless both of the following notices have been given by the Claimant: A Claimant, except a laborer, who is not in privily with the Principal and who has not received payment for his labor, materials, or supplies shall, before commencing or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection. A Claimant who is not in privity with the Principal and who has not received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials by the claimant, or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was last on the job site available for use. No action for the labor, materials or supplies may be instituted against the Principal or Surety unless both notices have Performance and Payment Bond —Page 1 or 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3066 PG: 65 been given. An action, except for an action exclusively for recovery of retainage, must be instituted by a Claimant against the Principal and/or the Surety under the payment provisions of this bond within 1 year after the performance of the tabor or completion of delivery of the materials or supplies. An action exclusively for recovery of retainage must be instituted against the Principal or the Surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies, or within 90 days after the contractor's receipt of final payment (or the payment estimate containing the owner's final reconciliation of quantities if no further payment is earned and due as a result of deductive adjustments), whichever comes last. 2. Any claim by the Obligee under this bond shall accrue no later than the first to occur of: (a) the date the Obligee declares the Principal to be in default under the Contract; (b) the date final payment is made under the Contract (or the date of the payment estimate containing the owner's final reconciliation of quantities if no further payment is earned and due as a result of deductive adjustments); or (c) the date Obligee makes claim against this bond. 3. The amount of this bond shall be reduced by and to the extent of any payment or payments made by Surety in good faith hereunder whether made directly to Obligee or Claimant(s) or otherwise in discharge of Principal's obligations. The Surety's liability hereunder to the Obligee and all Claimants is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. The Surety may, at its option, discharge all obligations under this bond by interpleading into the registry of any court of competent jurisdiction of the full unexonerated penal sum of this bond, or such portion thereof which will satisfy the obligations owed to the Obligee and/or the Claimant(s). This bond shall not be liable for any liability of the Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 4. This bond IS CONDITIONED UPON the same being properly recorded in the Public Records of the County where the improvement is located in accordance with Florida Statutes §255.05(1)(a). In the event this bond is not so recorded it shall be NULL AND VOID. 5. This bond has been furnished to comply with the statutory requirements of Florida Statutes 255.05 at. seq. Any provision in this bond conflicting with or expanding the protections available under Florida Statutes 255.05 at. seq. shall be deemed deleted herefrom and provisions conforming to such statutory or legal requirements shall be deemed incorporated herein by this reference. The intent is that this bond shall be construed as a statutory bond and not as a common law bond. Signed and dated this nth day of Octnher 1 2017 Dickerson Florida, Inc. By: Travelers CAM61ty and Surety Como(a4 of Karen IL Beard, Florida Licensed Agent and , Attorney in -Fact Performance and Payment Bond — Page 2 or 2 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3066 PG: 66 RED BORDER Aalk POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223206 Certificate No. 006731562 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, Sl. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company am corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Karen K. Beard of the City of Asheville , State of North Carolina , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company I I th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company eh � L J� 0 4' �'h'J.4 Y 49a Y.th60 P t � r 6 9 spy Axa, yµt VnrW,9 �'� 6Y i�° qyTy�� 19a36a '� �B%i—x"� iiy�r6e9r�.n JaunrCN. Srtsmnm i96nwapy 1951 xSEAL o —_ Cala ems a tpa +4,� ae 1. :�ssaL dosZ1410 IMP, State of Connecticut City of Hartford ss. By: Robert L. Raney, gnior Vitt President On this the 11th day of March 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so in do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T� In Witness Whereof, I hemunto set my hand and official seal. My Commission expires the 301h day of lune, 2016. yv f'UBIIG f MArEGt'FS 58440-8-12 Printed in U.S.A. Marie C. Teaeaulq Notary Public A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK BK: 3066 PG: 67 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, which resolutions arc now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognisances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, die President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognisance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under sea]. if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or mom Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I. Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul rim and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Sures Fidelity and Guaranty Company do hereby certify that the above and foregoing is a Ime and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. t have hereunto set my hand and affixed the seals of said Companies this _46��day of . 20 1? Kevin E Hughes. Assistant Sec Lary v' • r. 6 ��ty • iV .rte. _y.' ' t'. �. e�f�i.l�S49 ,pf ,xiuy '.�, .h0• ,Mr�rb Mn ":Og'e g° 1977 pp���qq p \ sE �n 1 nwrw% f "rte S6�''mx�brElle" % �odri: m 1aM rl^+coat ry..�}' yr F f �.:r✓' ,' g To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelembond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. SATE OF F�CR-D.A INDIA', RIVE^x COUNTY THIS IS TO CERT IFY THAT T'� _ COF'(OF T 1E ORIGINAL O � i `-- ORIGN?.l h1AY HAVE REDACTED INFOWni+� IN FLORIDA STATUE 119,07. MITH ERrc ✓"" , DEP CLE IiCt DATE / 0