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HomeMy WebLinkAbout(#20) Thomas Construction, IncLiberty Mutual. SURETY Performance Bond KNOW ALL MEN BY THESE PRESENTS, That we A. Thomas Construction, Inc. Executed in Two (2) Originals Premium: $5,084.00 Bond No. 070214536 (hereinafter called Principal) and The Ohio Casualty Insurance Company , with principal offices in Keene New Hampshire . as Surety, (hereinafter called Surety) are held and firmly bound unto City of Sebastian as Obligee, (hereinafter called Obligee), in the amount of as Principal. One Hundred Sixty-nine Thousand Four Hundred Seventy-nine Dollars And Eighty-seven Cents Dollars $169,479.87 for payment of which stun well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS. the Principal did on June 21, 2021 enter into a contract with said Obligee for ITB# 21-05 CDBG Sidewalk Improvement Project on North Central Avenue in the Downtown Community Redevelopment Agency Area which contract is by reference made a part hereof and is hereinafter referred to as the contract. NOW, TBEREFORE, THE CONDITION OF THIS OBLIGATION, is such that if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to faithfully perform said contract, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its home office, 62 Maple Avenue, Keene, New Hampshire 03431 of any breach of said contract within a reasonable time after such breach shall have come to the lnowledge of the Obligee. (3) No suit at law or proceedings in equity to recover on this bond shall be instituted after one (1) year from the date of acceptance of the project. SIGNED, SEALED AND DATED: July 26, 2021 A. Thomas Construction, Inc. (Principal)1 By. 441- 1 �?h�i / The Ohio Casualty Insurance Company vvts ixao •� �) S-138 (Perf) c"R 31919' David F.` ruml Anorney-In-Fact o_ o 3j4 ♦ 1 C IMs-20302 OLo _ Lib utuerty al. The Ohio Casualty Insurance Company M SURETY payment Bond Executed in Two (2) Originals Premium: Included KNOW ALL MEN BY THESE PRESENTS, Bond No. 070214536 That we A. Thomas Construction, Inc. , as Principal, (hereinafter called Principal) and The Ohio Casualtv Insurance Company , with principal offices in Keene, Nett/ Hampshire 03431 as Surety, (hereinafter called Surety) are held and firmly board auto City of Sebastian as Obligee, (hereinafter called Obligee), in the amount of One Hundred Sixty -Nine Thousand Four Hundred Seventy -Nine and 871100ths Dollars S 169.479.87 for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on June 21, 2021 enter into a contract with said Obligee for ITB# 21-05 CDBG Sidewalk Improvement Project on North Central Avenue in the Downtown Community Redevelopment Agenev Area which contract is by reference made a pan hereof and is hereinafter referred to as the contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal in pay alljust claims for labor and material famished in the completion of said contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its home office, 62 Maple Avenue, Keene, New Hampshire 03431, of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of the Obfigee. (3) No suit at law or proceedings in equity to recover on this bond shall be instituted after ore (I ) year from the data of acceptance of the project SIGNED, SEALED AND DATED: July 28, 2021 A. Thomas Construction, Inc - Principal By: / '/ ////JJJ '/X� ?,A/,, The�hio�Casasualty Insurance Company David F. Dmml (Anomey-in-Fact) S-138(Pay) - - This Power of ANomey limits the acts of those named herein, and they have no authodty to bind the Company except in the manner and to the extent herein Stated. Libert—y1 Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Cemficae No: 8200176-969OU West American Insurance Company SURETY POWER OF ATTORNEY MOM ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casualty Nwrance Canpany is a corporation duly argument under the leas of Me State of New Hadpssed, Nat liberty Mutual Insurance Company is a cmpwatim duly organized under Me lawsof the SNteof MaHadwsehs, and West American Insurance Company is a coWmaan duty oganized sutler Me lewsolthe Slate of NSanalheran ML-aelya ihe'Cmmpanies'l, purmanttoa,q by atrority herein set few. con hereby time. poes&W and appont Druid F. Druml. David N. MahlcrAlud c A. Natwrs III allot Mealyol Fustcr Cnly Mutual Cslifdmia rachiMinduallyifthaebemwe Nwonanametl,i6h eaM fulallomey-in-fadtomga exeuN.seal, acknowledge am dtlive, Wwdwikbehalfmsuretyandasikactanddeedanyantla0undertaklrgs,binds,recegnina wdaNersuretyobl'gabods,inpursuance of these presents and shed be as Nndig upon Me Companies as if they have been duly Signed by Me president and att W by the secretary of the Companies in May ream proper persons. IN WRNESS WHEREOF, this Power of AMmsy has been subsaibel by an armorbed other or Ogdel of the Companies and Me candidate was of Me Companies have been affoal theretoms 21st dayol Doccminr , 2018 Liberty Mulual Insurance Company Timoh t°w�INamx6emu0m° ue .rnv le�yom ¢ec` �Nayany ae1 West American Insurance Company o 1991 rri d�yy xC D L°x"+`xn u`�D rF Nn,wn aL zTa' c °xl wu P FN1 w 4t<a �M x Pw BY � OBVid M, CerOy, 9Rta0t$Mf0161y � Stale of PENNSYLVANIA m Oauntyaf MONTGOMERY ss as rn 6m Condo .Isr day of DecumbCr '1118 Amemo mePersonallyappeared OawtlMCaren,auto ch, beiganchedhimso too oeecHktanl$ecreuryolrumen Mutual lnsumses ° o Cdnpany, The Ohl. Casualty Company, and Wal American Insurance Company, arM Ma he, as such, being auNonzetl so ro do, execute the loregdng instrument (a the Wmaas as —do m > thereen=Mned by sgning an behalf of the wpaaiars by himself as aduly authorized Officer. sei w a d� IN WITNESSWHEREOF, l have hdwnlosubsuL my wmeand agreed myocardial me at King of Propose. Porcupines. an Me day and year first elemental n can o Fdu acorn Pw9waQv 4. i xoum sa L y i� `O c ono pe dso vPF�p W..kbY s/Conlx By: 3m E=mTsaPasa Notary Pubtq onSoo mTn �MW eJ^" rrroe.. rx..>*,..mmmeraw Cl ad Sod`e This Power of Amaney, xx k made and amad pursuant and by autionty of Me following ylaws o ing Bantl AUMadzaOons of The Ohio German Imum um Company, liberty Mutual 5 do C o._ Insurance Company, and Waal Amerva Insurance Company whrJn resolutions are now in full face antl ellect reading as lolbxs: 'des E ai ARTICLEIV-OFFICERS: Section 12.1coaerof Attamey. v Re My officer a otheroNtlal of the Coryoratian authorized M mat purpose in writing by Me Chatman or The President and subject to such level as the Crammed a the'ga Top Preatlem may prescobe shall appoint such attorneys in -lad, as may be necessary to ad in behalf of the CoToommon to make, module, seal, acknowledge and deliver as surety o m any and all untlatakirgs, bonds, recagnizances and orner surely obligations, Such marked in fact subject to me kinietics set in in Ntlr respective powers of ami shell t eev have MI power to bind Me Corpda0an by Weir signature and exeudon of any such Instruments and to attach thereto Me seal of Me Cwywstlon. When so aoeuled, such ox o instruments shall be as Ending as it signed by me President and attested m by Me Secretary. My power ofaAwity granted to any repre rands a or anamerinfact under the m ZU domfornsofmis arddemayberevoked deny mine by the Board, the Charma. Me Presidentmby Oeofimrorogcwsgmnting such powerreauthoney ARTICLE %III - Execution of Contracts: Seaton E. Surely Bonds and UndeUkingsci o Any officer of the Company authorized for that purpose in wrAmg by the charman or me prewdent and surfed to such limitations as the chairman or to pendent cr ident may presibe, F _ shall appoint such allmneys lni as may be necessary to ad in behalf of the Company m make execute. Hal, acknowledge and dellva as surety any and all undertakings, hands, recogmzances and other suety obligations, Such attorneys in -fact subject to Me Iimilatians set forth in Mar respective powers of attorney, shall have IUII power ro bind the Company by their signature and execution of any such instruments and to abach thereto Me seal of the Company When so executed such Instruments shall be as binding an it ailment by the president and attested by the secretary. Cerifate of Designation -The President of Me Company, acing pursuant m the Bylaws of the Company, mandbes David M. Carey Assistant Secretary to appose such shormeyeln fact as may be necessary 0 ad an behalf e1 Me Company to make. execute, sea, donoveledge awl III a surely any and all undertakings, bonds, reugnizances and other surety dissectors. Authorization - By unanimous consent of Me Company's Board of Ouectms, Me Comedy consents Mel hecslmile or mechanically indictucetl sgnaWre of any awistanl secretary of Me Company, whatever Appearing upon a carried copy deny power of atlaney iasucal by no Company N panne prom was surety bands, shall be vasd and NrHMg uped Me Company wM me same force and effect as though manually alfixetl. 1,.sense .0 lkwriDyn, Me undersgned, A iampar Secretary, The Ohio Casualty bwwame Company, Liberty Mutual lnwrance Canpery, and West American Inwrence Crimean, der Mrely('e.Nfy Marllta_pnyrnel power of allwq of whidn Mefaregdng is a al we and ported copy of Me Puerto of Momey awarded by d Companies, k in full fora and effect and Iias nIXtntSn �eu*eA. - � INTESTIMONYWHEREO., have rereantosdmyhandantlafiaedMeaakds aid Cdn.�DxxafnesMk tlayofa%J�-4 Hs h3�4 waT4/�er tiwrraProgx�y 5oVP4° '4exuF D O "4yx. t' cr O° taY 1912 1919 s 1991 lr P�r x.�°ay: rBFm. P+aa BR �e c. atl A59stant$are LMSR073LM60CIC W fCMum Ca aeons CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Mateo ) On 1/2.9 lSo z J before me, Horace Alexander Nabers I Date Here Insert Name and Title of the Officer personally appeared David F. Dmm1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califo is that the foregoing paragraph -OWEuocworc,uera [ is true and correct wor+ry wak.wvana WITN dand offi smo w ! cammNrbn i 13330 10 ror. Sign i nature IF Notary Pub' Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name• ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Partner — O Limited ❑ General ❑ Individual F. Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-8M876-6827) Item #5907