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HomeMy WebLinkAboutSheltra & Son Conctruction Co. Inc.cmOr SE HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772)388-8214 Phone April 12, 2017 Sheltra & Son Construction Co. 14911 SW Van Buren Ave. Indiantown, FL 34956 RE: Release of Payment & Performance Bond for Potomac Drainage Improvements—Bond # 54-184682 Dear Mr. Sheltra: I am releasing payment and performance bonds # 54-184682 issued by United Fire & Casualty Company in the amount of $88,346.00 to the City of Sebastian to Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL. Sincerely, 4Jn'e�e Williams, MMC City Clerk Attachment: Original Bonds #54-184682 620 N. Wymore Road, Suite 200 FLORIDA SURETY BONDS,INC. Maitland, FL 32751 407-786-7770 Fax 407-786-7766 1326 S. Ridgewood Avenue, Suite 915 Daytona Beach, FL 32114 386-898-0507 Fax 386-898-0510 888 -786 -BOND (2663) Fax 888 -718 -BOND (2663) April 21, 2011 www.FloridaSuretyBonds.com City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Authority to Date Bonds and Powers of Attorney Principal: Sheltra & Son Construction Co., Inc. Bond No.: 54-184682 Project: Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please fax a copy of the bonds to our office. Sincerely, United Fire & Casualty Company Patricia L. Slauqhter Attorney -in -Fact and Florida Licensed Resident Agent THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: 54-184682 Executed in 3 Counterpart(s) AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Sheltra & Son Construction Co., Inc. (Here insert full name and address or legal title of Contractor) 14911 SW Van Buren Avenue Indiantown, FL 34956 (772) 597-3180 as Principal, hereinafter called Contractor, and, United Fire & Casualty Company PO Box 73909 (Here insert full name and address or legal title of Surety) Cedar Rapids, IA 52407-3909 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto ha� Clegf SeTu'it`name and address or legal title of Owner) 1225 Main Street Sebastian, FL 32958 (772) 589-5330 as Obligee, hereinafter called Owner, in the amount of Eiqhty-Eight Thousand Three Hundred Forty -Six and 00/100 Dollars ($ 88,346.00 ), 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 d / , entered into a contract with Owner for (Here insert full name and address and description of projec ) Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL 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.0 20006 �Flol6tk Si-M IY 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 obligations 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 terms and conditions, and upon de- termination 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 amount 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, adminis- trators or successors of the Owner. THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS 1N SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. Signed and sealed this 2 64f1 (Witness) 2b i l day of Sheltra & Son Construction Co., Inc. (Principal) (Seal) (Title) I InifiPd Fire & Casualty Conngany (Surety) (Seal) (Witness) , Patricia L. Slauqhter Attorney -in -Fact and FL Lic. Resident Aqent Inquiries: (407) 786-7770 AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND- • AIA FEBRUARY 1970 ED. 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON. D.C. 20006 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.: 54-184682 Executed in 3Counterpart (s) AIA Document A311 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 Sheltra & Son Construction Co., Inc. 14911 SW Van Buren Avenue (Here insert full name and address or legal title of Contractor) Indiantown, FL 34956 (772) 597-3180 as Principal, hereinafter called Principal, and,United Fire & Casualty Company PO Box 73909 (Here insert full name and address or legal title of Surety) Cedar Rapids, IA 52407-3909 (319) 399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian (Here insert full name and address or legal title of owner) 1225 Main Street Sebastian, FL 32958 (772) 589-5330 as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined, in the amount of Eiqhty-Eight Thousand Three Hundred Forty -Six and 001100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 88,346.00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated ,entered into a contract with Owner for (Here insert full name and address and description of project) Provide and Install Drainage Improvements for Potomac Avenue, Sebastian FL 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 ® 3 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 j ORidA }S ;RfrY �+c.mds Esc. 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 fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract 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 furnished 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, or 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 ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid pro'ect is located, save that such service need not be made gy 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 em- bodied 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, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, 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 mechanics' 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. THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND 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) OR SECTION 713.23 FLORIDA STATUTES. Signed and sealed this A k¢+%(\ day of 1 2.01 k Sheltra & Son Construction Co., Inc._ _ (Principal) (Seel) (Witness) - (Title) United Fire & Casualty Company (Surety) (Seal) Patricia L. Slauqhter 61 Attorney-in-Factand FL Lic. Resident Aqent Inquiries: (407) 786-7770 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 its true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in. its behalf all lawful bonds,undertakings and other obligatory instruments of similar �hature' as. follows: A ] 1 bonds not to exceed $25, Q00, 000 00 and to, bind ,UNITED FIRE & CASUALTY COMPANY: thereby as fully,aa d to the same extent as if such instruments were signed � by the duly` authorized officers of'UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the I authority hereby given are hereby ratified and confirmed. The Authority .hereby granted is continuous ,and shall remain. in full force and effect until revoked by. UNITED FIRE & CASUALTY.. COMPANY. This power ofAttorney is made and executed pursuant.to:and by authority ofthe following By�Law duly adopted`by Board of Directors of;the Company on ApnE 18; 1973, ,. . . "Article V Surety.Bar>ids and, Undertakings" `Section 2, Appointment of Attorney -in -Fact. 'The President or any Vice President, or any other..officer of theCompany may. from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, . bonds,. undertakings and other obligatory instruments of like nature. The signature of any officer authorized, hereby,and the Corporate seal, may be affixed by facsimile to any power of attomey ' or ,special power of attorney or .. . .certification of :.either authorized hereby.; such signature and seal, when so used, being adopted by the::Company ,as the original signature of such officer and the original seal of the Company, to be valid and binding upon..the;:Company:. fhe same: force and effect as though manually affixed. Such attorneys -in fact, subject to the limitations set:forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution "of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact._.. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by :its vice president and its corporate seal to be hereto affixed this 27th day of January, 2010 ., COMRAIM -• UNITED FIRE & CASUALTY COMPANY '66At e . nil By State of Iowa,. County of Linn, ss: Vice President . On 27th day of January, 2010; before me personally came Dennis J. Rlchmann to me known, who being by me duly' sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he ise' a Vic :President of the UNITED FIRE &:CASUALTY COMPANY, the corporation described in and which executed the above.instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate' seal; that it was so affixed pursuant to authority.. given. by the Board of Directors of: said corporation and that he signed his name thereto.. pursuant to....like authority,;and acknowledges same.lto beahe act and deed'of said corporation. MaryA. Jansen Iowa KQJA&I Seal Commission number 713273 My commission Expires 1 =6111 3 Notary Public :: . I, the undersigned officer of the. UNITED FIRE .& CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy ofahe Power of Attorne and affidavit, and .the'Co y py of the. Section 'of the by-laws of said Company as set forth in: said Power of` . Attorney, with the.ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are :correct transcripts.? thereof,:and of :the whole of the. said originals, and that the said Power.of Attorney has not been revoked and is now in full force'and effect: .��►"""'�"�� 'In testimon "whereof I have hereunto subscribed: m name and affixed the corporate seal of the said Com an ,G Y . y rp P y this day of 20 fill Seetary... BP0A001 _%706