Loading...
HomeMy WebLinkAbout2009-012 0 �13� 0C1 BASED W PUBLIC WORKS BOND FINA ? CONTRACT PRIC 4R00 ? e / THIS IS THE FRONT PAGE OF THIS PERFORMANCE AND PAYMENT BOND ISSUED IN COMPLIANCE WITH CHAPTER s255. 05 FLORIDA STATUTES , BOND NO . 534823P CONTRACTOR NAME : Timothy Rose Contracting , Inc CONTRACTOR ADDRESS : IJbU SW Old Dixie Hwy . , Vero Beach , FL lz962 CONTRACTOR PHONE NO. (7 7 2�-w5 - 7 8 0 0 SURETY COMPANY: Developers Surety and Indemnity Company 150 South Pine Island Road Ste 510 Plantation , FL 33324 ( 954 ) 693 - 0270 OWNER NAME : Indian River Count OWNER ADDRESS : 1800 27 Street Vero Beach , FL 32960 OWNER PHONE NO. ( ) OBLIGEE NAME : (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO. ( ) BOND AMOUNT : $ 3 0 , 7 0 6 . 2 0 CONTRACT NO . (If Applicable) 2953 DESCRIPTION OF WORK: 1 29th Place Subdivision Water Assessment Proiect S : d Vo . 2 cog r) a PROJECT LOCATION : Sebastian , FL LEGAL DESCRIPTION : FRONT PAGE (ALL OTHER BOND PAGES ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OF ANY PAGE NUMBERS THAT MAY BE PRE-PRINTED THEREON) 1971505 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK: 2317 P0:81 . PaP1 of 8 01 /2&2009 at 10:38 AM, JEFFREY K BARTON , CLERK OF COURT 534823P SECTION 00610 PERFORMANCE BONE) 'PHIS IS AN INSTRUCTION , NOT PART OF THE BOND , The bond must state on its front page: the name , principal business address , and phone number of thp contractor, the surety , the owner of the property being improved , and , if different from the owner, the contracting number assigned by the contracting public entity; the contract it , such as a legal description or the street addressdof he property escription ofbeing improved and to Iden rial description of the improvement , and the bond number. genera! KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , We Timothy Rose Contractiri and Developers Sure Contracting , - Inc . y an In emni illillillilliy ompany �s Principal, Surety , ar held and FiHu oun�i unto the III Count of Indian River, a corporation , as Thousaned Seven Hu Y Florida , in the sum of Thirty Paymentf said sum we bind ourselves ,?o' amountingexecutort 1000 of the total bid price . For the severally , for the faithful Performance of a certain written Contract, dated the n a� � �ja�--day of ointly and 2015 entered into between the Principal and the County of Indian River, for: roject Name ; 129th Place Sub ision Water As ssment Pro'ect. County Project Bict Number: 2009022 County UCP Number, 2953 Project Address : 129 Place ubdivision Sebastian FL Project Description : CONTRACTOR shall complete all work as specified or indicated in the Gontt~act DocumentsThe . work is generally described as follows which shall include, but is not necessarily limited to the following : Furnish and install about 840 LF of 6" PVC water main, 140 LF of 4" PVC water main , 80 LF of 4 " HDPE Directional Bore , 1 fire hydrant , 11 water services and restoration . A copy of said Contract is incorporated herein by reference and is mado a part hereof as if fully copied herein , NOW, THEREFORE , THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses , costs , and attorney's fees , including appellate proceedings , as set forth in the Contract , that Owner sustains because of a damages , injury or conduct, want of care of skill, negligence or default , Including patent infringement on the part of the Principal , his agents or employees , in tho execution or performance of said Contract, and further, if the Principal shall promptly make payments to all who Supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void , otherwise, the Principal and Surety , jointly and severally , agree to pay Indian River County any difference between the sum that Indian River County may be obliged to pay for the Completion of Said Work , by contract or otherwise , and any damagps , whethor direct, indirect, or consequential , including reasonable attorney' s fees ( including appellate proceedings) , which ( fie County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract . 00610 - 1 j , j : aeod 0i 9SbS21zggeT 3SON WIi : woJJ 20 : bI 6002 - ti2 - Nbf t • AND , the said Principal and Surety hereby further bind themselves , their successors, executors , administrators and assigns, jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts , darnages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work , repair or maintenance thereof, or the manner of doing the same , or his agents or his servants , or the infringements of any patent rights by reason of the use of any material furnished or work done , as aforesaid or otherwise . AND , the said Surety , for value received , hereby stipulates and agrees that no change, extension of time , alteration or addition to the terms of (tie Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond , and it does hereby waive notice of any such change, extension of time , alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings . AND , the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract Documents Eire expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such. provision lie within their obligations and within the coverages and limitations of this Bond . Florida Statutes Section 255 . 052007 ( ) as amended from time to time, together with all notice and time provisions contained in subsection (2) of Florida Statutes Section 255 . 05 (2007) , is incorporated herein in its entirety by this reference . IN WETNESS WHEREOF, the above bound parties exe uteri this instrument under their several seals , this ` 22 day of January 20 09 the the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X41 _ Timothy Rose Contracting , Inc . Secretary Name of Coration BY: Rose . S2ct�e+AR (Affix Corporate SEAL) Printed Name and Official 'Title CERTIFICATE AS TO CORP_ ORATE PRINCIPAL pxq-tify that I am the Secretary of the cor oration within bond ; that y p named as Principal in the then Se , who signed the said bond on behalf of the Principal was of said corporation : that I know his signature , and his signature thereto is genuine ; and t t said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body . 00610-2 Z bT / 0T : asod SSbS21 £998T 3S08 WIi : WOJ3 LS : £ T 6002 - T2 - Ndf l/Yf , r Secretary (SEAL) Ir TO BE EXECUTED BY CORPORATE SURETY : . . - P F Y •� y,Ma Developers Surety and Indemnity Company *a ` a, : ; jX ness Corporate Surety 150 South Pine Island Road , Ste 510 Plantation , FL 33324 Business Address BY : — (Affix Corporate SEAL) Robert Barr l ` Attorney-In-Fact 1 Bob Barra Bonds , Inc . Robert Barra Name of Local Agency 9373 West Sample Road , Ste 206 � ' " ' •, Coral Springs , FL 33065 W,f " .x int ` Business Address STATE OF Florida COUNTY OF Before me , a Notary Public, du)y commissioned , qualified and acting , personally appeared Robert Barra gogeog,2 to me well known , who being by me first duly sworn upon oath , says Developers Surety and Indemnity that he is the attorney-in-fact for the .-Companty that he has been authorized by . Attached Power of to execute the foregoing bond on behalf of the CONTRACTOR named erem irrtavor of the County of Indian River, Florida , Subscribed and sworn to before me this 22 day of January % 20 09 No r Public Sta of Y r My Commission Expires: ASF'khle GLORIA J. 02MICK MY COMAIISSI K 719%4 P; EXPIRES May 26 , 2009 its,•'• Bonded Thru Nota, Public Underwriters e * END OF SECTION* OUG t 0-3 s bT / TT : aGPd 4S86992bS6T : 01 SSbS2T2998T 3SO8 WII : woad LS : CT 6002 - T2 - Ndf 534823P SECTION 00612 PAYMENT BOND THIS IS AN INSTRUCTION , NOT PART OF THE BOND The bond must state on its front page : the name , principal business address , and phone number of the contractor, the surety , the owner of the property being improved , and , if different from the owner, the contracting public entity ; the contract number assigned by the contracting public entity ; and a description of the Project sufficient to identify it , such as a legal description or the street address of the property being improved , and a general description of the improvement, and the bond number. KNOW ALL MEN BY THESE PRESENTS : Developers Surety and BY THIS BOND , weTimothy Rose Contra corporation , as Surety, are held and firm 60 0 Ll to the Indian River, Fl om anya sum of Thirty Thousand Seven un tyDuda , in the total bi is 0 ; — ate ( 3 0 , 7 b �. . ounkin to 100% of the e payor t of said sum we bind ourselves , our heirs, executors , administrators and assigns , jointly andeverally, for the faithful performance of a certain written Contract , dated the day of the Principal and the County of Indian River, for: —QI - -' entered into between Project Name : 1 2Wh Place Sub_ division Water Assessment nro County Project Bid Number: 2009022 County UCP Number: 2 Project Address: 1290' Place Su division Sebaastian 1=L Project Description : A . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows which shall include, but is not necessarily limited to the following : Furnish and install about 640 LF of g" PVC water main , 140 LF of 4" AVC water main , 80 LF of 4" HOPE Directional Fiore, 1 fire hydrant, 11 water services and restoration . A copy of said Contract is incorporated heroin by reference and is made a part hereof as if fully copied herein . NOW , THEREFORE , THE CONDITIONS OF THIS O Principal shaft promptly make payments to all claimants , ARE SUCH , that, if the obligation shall be void ; otherwise , this Bond shall remain in full force and effectn belowinsub, then this ject to the following terms and conditions : 1 . A claimant is defined as any person supplying the Principal with labor, materials or Supplies , used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, and is further defined in Florida Statutes Section 713 . 01 , 00612 - 1 tgz2T : aGed LG86SS2bG6T : 01 Ssbs2t £9985 3S08 WIi : woJd )LS : £ I 6002 - Z2 - NUf 2 . Florida Statutes Section 255 , 05 (2007 ), as amended frorn time to time , together with all notice and time provisions contained in subsection (2 ) of Florida Statutes Section 255 , 05 , is incorporated herein in its entirety by this reference The Surety , for value received , hereby stipulates and agrees that no charge , extension of time , alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto , shall in any way affact its obligations on this Bond , and the Surety hereby waives notice of any such change , extension of time , alterations of or addition to the terms of the Contract , or to the work or to the Specifications . The Surety represents and warrants to the County of Indian River that it has a Best' s Key Rating Guide , General P'olicyholder's rating of 'Wand Financial Size Category of Class 'X' . The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally , agree to pay the County of Indian River all losses , damages , expenses , costs , and attorney ' s fees , including appellate proceedings , that the County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this 22 day of Januar_ , 20 09 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authority of its governing body . WHEN THE PRINCIPAL IS A CORPORATION : Attest . Timothy Rose Contracting , Inc Secretary Name f o Corporation (Affix Corporate SEAM ) Printed NameQA 4. �` &}� Y � } > �` • R:, h ficial Title CERTIFICATF AS TO CORPORATE PRINCIPAL 4artif at I am the Secretary of the corporation named as Principal in the within bond ; tha� 32 who signed the said bond on behalf of the Principal was then cue �of said corporation : that I know his signature , and his signature thereto is enuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. 00612 -2 bT / £ T : aepd LS86SS2bS6T : Ol SSbS2T £998T 3SO8 WI1 : w0JJ 89 : £ T 6002 - T2 - hlUf w eft y, l � 4� 1 : Secretary ry ( SEAL) 0 , 10 • b r ' r J� h ` .t TO BC EXECUTE[3 BY CORPORATE SUF� ETY: ' �4. �;, r= "* a yi�a k s: _ Developers Surety and Indemnity Company ` 22mgrc ss 150 150. South ' nIsla Road , Ste 510 Plantation t F 3 as Y: = ---- Ro AriX Cora to SEAL) Attorney-ln,FSCt Robert Barra Bob Barra Bonds , Inc . Name of Local A y� , k. . : Agency 9373 West Sample Road , Ste 6 ' -Coral S rin s FL 33065FF Business Address STATE OF Florida busY. v .• _ � � �° COUNTY OF 4.0 J k JI Before me, a Notary Public, duly commissioned , Robert Barra qualified and acthlg, personalty A{ ertl _ � . . s the at m y -factFor th�� l � n VI � � '�i cluty sworn upon oath, says that h � ttac�°ied � dwer and that he hits boon aulhorized by to execute the foregoing bond on behalf of the CONTRACTOR named therein in ° y y of Indo 9 River, Florida . Subscribed and sworn to before me this 2 2 y or . Januar da No* Public, State of My Commission Expires: " ''' L GLORIA J. KUDyiICK ^ D 719964 •` r EXPIRES. May 26. 2D09 � log Bonded Thru Notary Pub-11C Underwdten `END OF SECTION " 00612-3 bti , bl ; aGOd 8Zwo .j 3S021 WIlb895 £ j 6002 - T2 - NHr 534823P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725 , IRVINE , CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited , DEVELOPERS SURETY AND INDEMNITY COMPANY, do each, hereby make, constitute and appoint: * * * Robert Barra * * * as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents , are hereby ratified and confirmed . This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY, effective as of January 1st, 2008. RESOLVED , that the chairman of the Board , the President and any Vice President of the corporation be , and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is , authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER , that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached , IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY have severalty caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008 . ++„+NPultlpgy By. go ' AND.ANo ,4,a',, Stephen T. Pate, Senior Vice Presiders .�ci o tpOR,jl'.F+ti+�'% 3z : OCT: ° mac = • wi 10 By: io1936 ; dor Charles L. Day, Assistant Secretary - �., 6 a 'aO State of California County of Orange — ' 1 to o ; On January 1st 2008 before me , Christopher J Roach Notary Public r Date Here Insert Name and Title of the Officer ' ` , ; �, IIII IV IV A , j Stephen T. Pate and Charles L. Day x' personally appeared ; { .. . ` ” Name(s) of Signer(s) k'' F ,;; .IV Y who proved to me on the basis of satisfactory evidence to be the person(s) inWhosename($}tslaresu� to the within instrument and acknowledged to me that he/she/they executed the same ir�tihl�lherkheIr' capacity(iet), and that by hisfherltheir signature(s) on the instrument the person(i�,or th4 entity up to behaKof cHIRsrQiPHIER J. ROACH which the person(s) acted , executed the Instrument COM 01745M NOUN Rk18t.NC CAL FDWA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. ==a mom May 1e, 2011 WITNESS my hand and off ial seal . Place Notary Seal Above Signature Ch ' er J . Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 22 day of January 2009 W:29 By: _ � AlbertHillebrand, Assistant 56bretary ID- 1438(Wet)(Rev. 10111 )