HomeMy WebLinkAboutMisiano Construction, Skate Park RenovationsCDC*
SEELASTLAV
HOME OF PELICAN ISLAND
1225 Main Street
Sebastian, FL 32958
(772)388-8215 Phone
June 1, 2017
Misiano Construction and Remodeling, Inc.
2908 Nordman Avenue
New Smyrna Beach, FL 32168
RE: Release of Payment & Performance Bonds for City of Sebastian Skate Park
Rebuild—Bond # 0188372
To Whom It May Concern:
I am releasing payment and performance bonds #0188372 issued by Berkley Regional
Insurance Company in the amount of $93,935.00 to the City of Sebastian for Skate Park
Rebuild.
Sincerely, /, r �-
W itsQn,am
nette Williams, MMC
City Clerk
Attachment: Original Bonds #0188372
Nielson, Mosholder & Associates
A member of Nielson & Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05 (1)(a)
PERFORMANCE BOND
BOND NO: 0188372
Contractor Name: Misiano Construction and Remodeling Inc.
Address: 2908 Nordman Avenue
New Smyrna Beach, FL 32168
Phone No: 386-785-3204
Surety Company: Berkley Regional Insurance Company
Surety Address: 475 STEAMBOAT ROAD
GREENWICH, CT 06830
Surety Phone No: 203-542-3800
Owner Name:
City of Sebastian, Florida
Address:
1225 Main Street
Sebastian, Florida 32958
Phone No:
(772) 589-5330
Obligee Name:
(if different for property
owner)
Obligee Address:
Obligee Phone No:
Project Name: City of Sebastian Skate Park Ramps Reconstruction, Sebastian,
Florida
Project Location: Sebastian, Florida
Legal Description: City of Sebastian Skate Park Ramps Reconstruction, Sebastian,
Indian River County, Florida
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
Bond No: 0188372
(Here Insert full name and address or legal title of contractor)
Misiano Construction and Remodeling, Inc., 2908 Nordman Avenue, New Smyrna Beach, FL 32168
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or legal title of Surety)
Berkley Insurance Company, 475 STEAMBOAT ROAD, GREENWICH, CT 06830
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
City of Sebastian, 1225 Main Street, Sebastian, FL 32958
as Obligee, hereinafter called Owner, in the amount of
-- Ninety Three Thousand Nine Hundred Thirty Five and 00/100-- Dollars ($93,935.00),
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 entered into a contract with Owner for
(Here insert full name, address and description of project)
City of Sebastian Skate Park Ramps Reconstruction, Project No. 14-17
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.C. 20006
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 obligation 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 term and conditions, and upon
determination 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 mount 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, administrators
or successors of the Owner.
ec*
Signed and sealed this day of _*VA4__, 2015.
!4 Ir"; 90�OKI 172 0�0 �01
(Wit ess)
Misiano Construction and Remo lu Mici
(Principal)
(Title)
Berkl.ev Insurance -Coin an
(Sur
---(T' Attomey-In-Fact & -
�tle)Laura osholder,
�lor�da Resident Agent
Inquiries: (407) 330-3990
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 2
Nielson, Mosholder & Associates
A member of Nielson & Company, Inc.
4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771
(407) 330-3990
PUBLIC WORKS BOND
In compliance with Florida Statutes 255.05 (1)(a)
PAYMENT BOND
BOND NO: 0188372
Contractor Name: Misiano Construction and Remodeling Inc.
Address: 2908 Nordman Avenue
New Smyrna Beach, FL 32168
Phone No: 386-785-3204
Surety Company: Berkley Regional Insurance Company
Surety Address: 475 STEAMBOAT ROAD
GREENWICH, CT 06830
Surety Phone No: 203-542-3800
Owner Name:
Citv of Sebastian, Florida
Address:
1225 Main Street
Sebastian, Florida 32958
Phone No:
(772) 589-5330
Obligee Name:
(if different for property
owner)
Obligee Address:
Obligee Phone No:
Project Name: City of Sebastian Skate Park Ramps Reconstruction, Sebastian,
Florida
Project Location: Sebastian, Florida
Legal Description: City of Sebastian Skate Park Ramps Reconstruction, Sebastian,
Indian River Cog=, Florida
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A311
Bond No: 0188372
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
(Here insert fall name and address or legal title of contractor)
Misiano Construction and Remodeling.. Inc., 2908 Nordman Avenue, New Smyrna Beach, FL 32968
as Principal, hereinafter called Contractor, and,
(Here insert full name and address or legal title of Surety)
Berkley Insurance Company, 475 STEAMBOAT ROAD, GREENWICH, CT 06830
as Surety, hereinafter called Surety, are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
City of Sebastian, 9225 Main Street, Sebastian, FL 32958
as Obligee, hereinafter called Owner, in the amount of
-- Ninety Three Thousand Nine Hundred Thirty Five and 00/900-- Dollars ($93,935.00),
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 entered into a contract with Owner for
(Here insert full name, address and description of project)
City of Sebastian Skate Park Ramps Reconstruction, Project No. 94-97
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.C. 20006
3
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 following conditions:
1. Claimant is defined as one having a direct contract
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 fumished
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, o 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 addressed to the Principal,
Owner or Surety, at any place where an office is regularly
maintained for the transaction of business, or served in any
manner in which legal process may be served in the state in
which the aforesaid project is located, save that such
service need not be made by 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 embodied 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, 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
mechanic's 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.
THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT
LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10),
INCORPORATED IN THIS BOND BY REFERENCE. -:
y of 2015. ,
Signed and sealed this hn�vda - -
Misiano Construction and Remodel: -.Inch -
(Principal) -(S'
(Title)
Berkle
(Su
(1111it ss)
�L
LauraE. Mosholder, Attomey-In-Fact
nda Resident Agent
inquiries: (407) 330-3990
(Seal)
AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA QD
FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4
No. BI -493a
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted
cz and appointed, and does by these presents make, constitute and appoint: Laura D. Mosholder or Edward M. Clark of Nielson &
Company, Inc. of Sanford, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to
execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,
providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent
as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office
l in their own proper persons.
'l.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
_ without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
f
r RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power of attorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
r or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
c _l
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
J
IN AgTNESS WHEREOF, the CoTTay
has cau d these presents to be signed and attested by its appropriate officers and its
corporate Seal hereunto affixed this of 2014.
c'v-_ Attest: Berkley Insurance Company
(Seal) - _ : By By
AA" -4&-/,
` Ira S. Lederman (Pnior
. Hafter
J
Senior Vice President & Secretary Vi a President
G 'n
'n
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
f STATE OF CONNECTICUT)
ss:
COUNTY OF FAIRFIELD )
; Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2014, by Ira S. Lederman and
Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secre717,w:
ior Vice Pr 'dentrespectively, of
Berkley Insurance Company. MAMAC. RUNDBAKEN
NOTARY PUBLIC e-7
MY COMMISSION EXPIRES Notary Public, State of Connecticut
APRIL 30.2019
CERTIFICATE
z I; -the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
N true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded
and that -the: ,authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of
Attomef rs-atti ached, is in full force and effect as of this date.
Giv+gin under my hand and seal of the Company, this day of ,
(Seal) -
- An M. a
- L
Instructions for Inquiries and Notices Under the ]fond Attached to This Power
Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance
Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance
Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union
Insurance Company.
To verify the authenticity of the bond, please call (866) 768-3534 or email BSGInquiry@berkleysurety.com
Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached
should be directed to:
Berkley Surety Group
412 Mount Kemble Avenue
Suite 31ON
Morristown, NJ 07960
Attention: Surety Claims Department
Or
email BSGClaim@berkleysurety.com
Please include with all notices the bond number and the name of the principal on the bond. Where a,i lainj-ir
being asserted, please set forth generally the basis of the claim. In the case of a payment or performktice mid,
please identify the project to which the bond pertains.
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