HomeMy WebLinkAbout1674 Halifax IFB 1674 Payment Bond'
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006104 Bond No. lU0lll832
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Halifax Paving, Inc.
(Name of CONTRACTOR)
814 Hull Road, Ormond Beach, FL 32174 386-676-0200
0
(Address of CONTRACTOR)
u CorpQration hereinafter called
\Cv/pv"uuon, rum/emx/p or "."...""av
_
"
Principal, and Travelers Casualty and Surety Company of America
'
(Name of Surety)
One Tower Square, Hartford, CT 06183 407-388-2600
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1 ) City of Sanford, Florida after
CD
called OWNER, in the full and just Sum of Eight Hundred Forth ThreeThousand Five Hundred Eighty Eight
\� & 50/100 DOLLARS in lawful " ^~^~, of the United ^ States, —
and
� the payment of which sum well and truly to be made, we bind ournekeo, uuooeoaom.
` assigns, jointly and severaUy, firmly by these presents. The sum ohoU not be less than one
0
hundred ten percent (11UY6) of the Contract Price.
THE CONDITION OF THIS OBLIGATION the i i | entered into
certain Agreement with the OWNER, dated the _LL_day nn
a copy of in hereto attached and made a part Aenac* for the construction nr��
�u
Persimmon Avenue Widening Proiect–IF13 .
I) Name mOwner
2) Name o/ Project identified m Instructions mBimdem
8�
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent aa CONTRACTOR in bound.
NOVV. THEREFORE, the condition of this obligation is such that if Principal shall promptly make
J»
payments to all claimants as defined in Section 255.05(i). Florida Statutes, supplying Principal
labor, Materials, supplies, used directly or indirectly by Principal in the prosecution of the
CA
with or
Work provided for in the Agnaement, then this obligation shall be void; otherwise, it shall remain
cr
in full force and effect Subject, however, to the following conditions:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 2S5 O5 Florida S�a�u\eo. as same may be amended.
� .
2. Therafone, e daima/d, axoo[d o laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
supplies uhaU, within forty-five (45) days after beginning to furnish labor, »�
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR °° all
with a notice that he intends to look to the Bond for protection. A Claimant who is
:FB 13/1z-1u Persimmon Ave Widening Project
00610 -02
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, 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. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other. l
IN WITNESS WHEREOF, this instrument is executed this the / day of
Halifax Paving, Inc.
.•` ,fLST Principal ntractor)
C,
p
,ecryPriticjpal) By (Signature)
fame" Typed Name and Title
f �tfr � • . ,
814 Hull Road
'(CORPORATE SEAL) Address
Ormond Beach, FL 32174
City, State, Zip
IFB 13114 -10 Persimmon Ave Widening Project
00610 -03
(Witness to Principal)
Typed Name
ATTEST:
(Surety) Secretary
Typed Name
(C RPORATE SE
I P CZ &_ ('j—A,0�
Witness as to Surety
Rebecca A. Robinson
Typed Name
,r
W" ness as q Su ety
Ashley Tyree
Typed Name
386- 676 -0200 386 - 676 -0803
Telephone No. Facsimile No.
Travelers Casualty and
Surety Company of America
Surety
4U /—J00—LOVV
Telephone No,
OVV—`tV/ .J`iV:v x
Facsmn� q wkarw
Attorn
,1s/
Tyler D. DeBord`
xy
y f
Typed Name
b�
='!
P 0 Box 2412
Address
_Daytona Beach FL 32115-2412
City, State, Zip
.386- 239 -5703 386- 323 -9155
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
IFB 13/14 -10 Persimmon Ave Widening Project
00610 -1 Bond No. 106111832
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Halifax Paving, Inc.
(Name of CONTRACTOR)
814 Hull Road, Ormond Beach, FL 32174 386- 676 -0200
(Address of CONTRACTOR)
a Corporation hereinafter called
(Corporation, Partnership or Individual)
Principal, and Travelers Casualty and Surety Company of America
(Name of Surety)
One Tower Square, Hartford, CT 06183 407 - 388 -2600
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford. Florida hereinafter
called OWNER, in the full and just Sum of Eight Hundred Forth Three Thousand Five Hundred Eighty Eight
&50/100 DOLLARS ($ 843 ,588.50---------------- - - - - -- ) in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors, and
assigns, jointly and severally, firmly by these presents. The sum shall not be less than one
hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whe pas, the Principal entered into a
certain Agreement with the OWNER, dated the JJ_ day of Lt!!�l ,,24-
a copy of which is hereto attached and made a part h eof for the construction of 2)
Persimmon Avenue Wideninq Protect, IFB 13/14 -10.
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
2. Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
supplies shall, within forty -five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
IFB 13/14 -10 Persimmon Ave Widening Project
00610 -02
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, 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. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other. t
IN WITNESS WHEREOF, this instrument is executed this the / r day of
Halifax Paving, Inc.
ATTEST: Princip I C
y w' i +;'retary'(Principal) By (Signature)
%me�
A'
J
JCOR�6RATE SEAL)
at.
IFB 13/14 -10 Persimmon Ave Widening Project
'j" u mnko. & A. t uvv," u , pwy J-Q K-�—
Typed Name and Title
814 Hull Road
Address
Ormond Beach, FL 32174
City, State, Zip
00610 -03
(Witness to Principal)
Typed Name
ATTEST:
(Surety) Secretary
Typed Name
RPORATE SEAL
�W ness as to Surety
Rebecca A. Robinson
Typed Name
Wi ness as Sur'e'ty
Ashley Tyree
Typed Name
i• • • 1 11 Ci• . • 121
Telephone No. Facsimile
Travelers Casualty and
Surety Company of America;;�
Surety
407 - 388 -2600
866 - 467 -5469} �A�
Telephone No.
Facsimile,No
By.
B
F 0
Attorney -in-
act ' O IN N. n
Tyler D. DeBord
Typed Name
@
P. O. Box 2412
Address
Daytona Beach, FL 32115-2412
City, State, Zip
.386 -239 -5703 386- 323 -9155
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
IFB 13/14 -10 Persimmon Ave Widening Project
INSURANCE
July 8, 2014
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Halifax Paving, Inc.
Obligee:
Project:
Bond No.:
Bond Amount:
Gentlemen:
Brown & Brown, Inc.
220 South Ridgewood Avenue (32114)
P.O. Box 2412 ® Daytona Beach, FL 32115
386/252 -9601 ® FAX 386/239 -5729
City of Sanford
Persimmon Avenue Widening Project: IFB 13/14 -10
106111832
$843,588.50
You are hereby authorized to date the Performance /Payment Bond and Power of
Attorney on or after the date of the contract on the above project, provided that
the contract is executed within a reasonable amount of time and that there are
no material modifications to the contract the subject bond covers.
Travelers Casualty and Surety Company of America
Tyler Attorney -In -Fact
TDD /rar
PERFORMANCE BOND
00605 Bond No. 106111832
KNOW ALL MEN BY THESE PRESENTS: that
Halifax Paving, Inc
(Name of CONTRACTOR)
814 Hull Road Ormond Beach. FL 32174 386- 676 -0200
(Address of CONTRACTOR)
a Corporation hereinafter called
(Corporation, Partnership or Individual)
Principal, and Travelers Casualty and Surety Company of America
(Name of Surety)
One Tower Square. Hartford CT 06183 407 - 388 -2600
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida hereinafter
called OWNER, in the full and just Sum of Eight Hundred Forty Three Thousand Five Hundred Eighty Eight
& so /loo DOLLARS 843588 .50 ------------ -- --------------
) in lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, successors, and
assigns, jointly and severally, firmly by these presents. The sum shall not be less than one
hundred percent (100 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that wherrgas, the Principal entered into a
certain Agreement with the OWNER, dated the LL day
of y ,
a copy of which is hereto attached and made a part h6feof for the construction of 2�
Persimmon Avenue Widening Project, IFB 13/14-10.
1) Name of owner
2) Name of Project identified in Instructions to Bidders
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
1. Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
00605 -1
IFS 13114.10 Persimmon Ave Widening Project
PERFORMANCE BOND
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
00605 -2
IFB 13/14 -10 Persimmon Ave Widening Project
PERFORMANCE BOND
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the day of
"%N 0
S
to
o�� M
Halifax Paving, Inc.
;T; Principal Contractor)
ary "(;Principal) By (Signature)
F D
t"ed .N °ame,
�R_PRATE SEAL)
(Witness to Principal)
Typed Name
ATTEST:
(Surety) Secretary
Typed Name
(CORPORATE SEAL)
W ness as to Surety
Rebecca A. Robinson
Typed Name
00605 -3
IFB 13114 -10 Persimmon Ave Widening Project
M W
Typed Name and Title
914 Hull Road
Address
• mond l:-. h
City, State, Zip
32,1-4711-0200 386 676-0803
Telephone No. Facsimile No.
Travelers Casualty and
Surety Company
of America
Surety
407 - 388 -2600
866- ,467N54.
,§
Telephone No.
4
Facs!rt it
11'R[For0.
By. Attorne - -
,=
act
"
Tyler D. DeBord
Typed Name�''
. -
tness a Su ety
Ashley Tyree
Typed Name
PERFORMANCE BOND
P. O. Box 2412
Address
Daytona Beach, FL 32115 -2412
City, State, Zip
386- 239 -5703 386 - 323 -9155
Telephone No. Facsimile No,
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond, If CONTRACTOR is partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00605 -4
1F6 13/14 -10 Persimmon Ave Widening Project
INSURANCE,
July 8, 2014
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Halifax Paving, Inc.
Obligee:
Project:
Bond No.:
Bond Amount:
Gentlemen:
Brown & Brown, Inc.
220 South Ridgewood Avenue (32114)
P.O. Box 2412 ° Daytona Beach, FL 32115
386/252 -9601® FAX 386/239 -5729
City of Sanford
Persimmon Avenue Widening Project: IFB 13/14 -10
106111832
$843,588.50
You are hereby authorized to date the Performance /Payment Bond and Power of
Attorney on or after the date of the contract on the above project, provided that
the contract is executed within a reasonable amount of time and that there are
no material modifications to the contract the subject bond covers.
mv"dj�tS.�a �aaIty and Surety Company of America
TDCS %rar"
rney -In -Fact